The primary purpose of these sign regulations in the Town and
Villages is to identify the location or occupant for a parcel of land
while protecting public health, safety and general welfare. These
regulations also serve to:
A.
Ensure right to free speech as protected under the Constitution;
B.
Protect property values, create a more attractive economic and business
climate and protect the physical appearance of the community;
C.
Provide businesses with effective means of identification while reducing
visual clutter through the prevention of excessive and confusing sign
displays;
D.
Reduce traffic conflicts or hazards by minimizing visual distractions
or obstacles in or visible from the public rights-of-way;
E.
Minimize the adverse effect of signs on nearby public and private
property;
F.
Avoid personal injury and property damage from unsafe or confusing
signs; and
G.
Establish a clear and impartial process for those seeking to install
signs.
The following apply to all signs in the Town and Villages which
are erected or installed after the effective date of this chapter:
A.
Signs cannot be located on a public right-of-way or public property
and must be located on the property on which the business is located
unless it is a legally established billboard;
B.
No sign shall obstruct the view at the intersection of any streets
or be confused with traffic management signs or signals;
C.
If the property/structure contains walls facing more than one property
line, the number of signs and the sign areas will be computed separately
for each face of the building facing a different frontage;
D.
Any sign that no longer advertises the use of the property must be
removed within 30 days after written notification from the Code Enforcement
Officer; and
E.
Temporary signs:
(1)
No temporary sign is allowed for more than 30 days with no more
than one thirty-day extension.
(2)
Size of temporary signs is regulated by the provisions in these
regulations, but shall not be in excess of the size permitted for
any permanent sign of similar type or configuration within specific
zones.
(3)
Any sign requiring electricity must conform to requirements
for permanent signs requiring electricity under this chapter.
F.
Signs shall not be placed on fences.
[Added 5-15-2019 by L.L.
No. 6-2019]
The following types of signs may be erected in the Town and
Villages without obtaining a permit. Although permits are not required
for these signs, the signs shall conform to the height, setback and
size requirements detailed in this chapter.
A.
Official sign, public notice sign, or warning sign supported by federal,
state or local law (Example: New York State inspection station or
authorized repair shop identification.);
B.
Any sign within a building not legible from the street or adjacent
lots;
C.
Any sign within an enclosed outdoor space, such as athletic field,
where the sign is not legible beyond the property lines;
D.
Works of art not displaying a commercial message;
E.
Banners not displaying a commercial message;
F.
Holiday decorations not displaying a commercial message;
G.
Construction signs: one sign per construction contractor not exceeding
32 square feet in area in residential districts or 64 square feet
in all other districts, provided that such signs shall be removed
five days after the completion of construction or the placement of
a permanent sign. The signs shall be confined to the construction
site.
[Amended 5-15-2019 by L.L. No. 6-2019]
H.
Directional signs: signs which provide direction and are located
entirely on the property to which they pertain and do not advertise
a business and do not exceed four square feet in area. Directional
signs include signs identifying public rest rooms, public telephones,
walkways or signs providing direction, such as parking lot entrance
and exit signs, and those of a similar nature. Such directional signs
shall be allowed within the street setbacks and side and rear yards.
I.
Drive-in facilities.
(1)
Businesses with drive-in facilities may have one sign, not exceeding
24 square feet for each drive-in lane. The sign shall be located adjacent
to the drive-in lane and shall be easily visible to motorists using
the lane. If the drive-in lane or facility is removed or not operating
for a period exceeding 60 days, the sign must be removed.
(2)
Such signs shall only provide information which will assist
the motorist in using the facility. Such signs may include but shall
not be limited to menus, banking instructions, manual car wash instructions
and other signs of a similar character. Advertising is not permitted
on these signs.
(3)
Video menu boards are permitted.
[Added 5-15-2019 by L.L.
No. 6-2019]
J.
Flags: the flags, emblems or insignia of any nation, political subdivision
or corporation flag. Flagpoles shall be subject to the height restrictions
imposed by each respective zoning district. Corporate flags shall
be limited to one per lot and shall count against calculation of permitted
wall signage.
K.
Gasoline service station price signs: signs not exceeding three square
feet advertising the price of gasoline and indicating self-service
or full-service, when attached to a gasoline pump or pump service
island.
L.
Government signs: signs erected and maintained pursuant to and in
discharge of any government function. There are no bulk requirements
for government signs.
M.
Home occupation signs: one sign for each dwelling unit, not to exceed
two square feet in area, indicating the name, location or identification
of a home occupation, with a minimum street setback of 10 feet.
N.
House numbers and nameplates: house numbers and nameplates, not exceeding
two square feet in area for each dwelling unit.
O.
Memorial signs: memorial signs or tablets, names of buildings and
date of erection, when cut into any masonry surface or inlaid so as
to be part of the building or when constructed of bronze or other
similar noncombustible material; historical markers erected by any
government body or with a government permit. There are no bulk requirements
for memorial signs.
P.
"No Trespassing" and "No Dumping" signs: "No Trespassing" and "No
Dumping" signs not to exceed two square feet in area per sign. Such
signs shall be permitted within the street setback and side and rear
yards.
Q.
Multifamily retail and subdivision sales signs. One sign shall be
permitted; its purpose is to advertise the availability of rental
units, subdivision lots and houses. The sign may contain information
on rent levels, numbers of bedrooms, housing prices, financing, descriptive
matter and the like. The sign shall be limited to 32 square feet in
size. The sign may be located on any lot within the subdivision or
multifamily project area, but shall not be located upon a public right-of-way.
The sign shall be subject to the restrictions and regulations of the
zoning district in which it is located.
R.
Notice bulletin boards: notice bulletin boards not over 24 square
feet in area for public, charitable or religious institutions where
the same is located on the premises of the institution.
S.
Political and campaign signs: political and campaign signs on behalf
of candidates for public office or measures on election ballots, provided
that the signs are subject to the following regulations:
(1)
Political and campaign signs are permitted in all zoning districts.
(2)
The signs shall not be erected earlier than 30 days prior to
a primary or special election and 60 days prior to a general election.
All signs shall be removed within five days following said election.
(3)
The number of signs on any one parcel of land is not restricted,
but the total combined size of the signs shall not exceed 32 square
feet in area and shall not exceed five feet in height from the surrounding
grade. In addition, in residential zoning districts, no individual
sign shall exceed 16 square feet in size. Signs shall not be erected
in such a manner as to constitute a roof sign. Notwithstanding the
provisions of this chapter, a sign may be placed upon any legally
existing off-premises sign structure, but not so as to cover an already
existing sign.
(4)
No signs shall be located within or over a public right-of-way. All signs shall comply with the provisions of § 300-53.14, Visibility at intersections.
(5)
This section in no way prohibits the display or use of bumper
stickers, cartop signs and signs inside the window of a building.
T.
Portable signs. Portable signs shall be permitted in the following
situations:
U.
Real estate signs: one real estate sign on any lot or parcel, provided
that such sign is located entirely within the property to which the
sign applies, is not directly illuminated, does not exceed six square
feet in area in a residential district and 16 square feet in area
for industrial/commercial property in a commercial/industrial zoning
district and is removed within seven days after the sale, closing,
rental or leasing.
[Amended 3-16-2016 by L.L. No. 2-2016]
V.
Sandwich board signs. One sandwich board sign is permitted for each business. Said sign cannot exceed six square feet in area. Said sign must be removed at the close of each business day. Said sign must comply with applicable provisions in § 300-52.7 of this article. Said sign shall not require a sign permit.
(1)
Said sign cannot be located on a public right-of-way or public
property and must be located on the property on which the business
is located.
(2)
Businesses located within the Central Business Zoning District,
which under normal circumstances would be prohibited from erecting
a sandwich board due to the lack of ownership of sufficient frontage,
may place a sandwich board sign within the public right-of-way between
May 1 and October 31 of each year during business hours. Said sign
cannot be wider than 1/3 the width of the sidewalk in front of the
business and shall be erected in such a place and in such a fashion
as to make it as unobtrusive as possible for pedestrian traffic. The
Villages shall retain the right to request movement of the sign if
it determines that the sign was not erected in such a fashion and
that a different placement would provide less obstruction to pedestrian
traffic. The business must file with the Village Clerk a certificate
of insurance, annually, naming the Village as an additional insured,
certifying that the applicant has obtained, from a responsible and
reputable company, a policy of public liability insurance with limits
of $1,000,000 per occurrence/$2,000,000 annual aggregate, for personal
injury and property damage combined, covering any claim, demand or
action for damages, either to person(s) or property, which may arise
out of the placement of the sign within the right-of-way.
W.
Limited signs.
(1)
Signs and notices advertising an open house, garage sale or
similar event may be placed no more than five days prior to the event
and must be removed within three days of the conclusion of the event.
These signs must be placed on the property where the open house, garage
sale or similar event is being held.
(2)
Signs or notices advertising events or activities of churches
or other not-for-profit organizations may be placed no more than 15
days prior to the event and must be removed within three days of the
conclusion of the event. These signs must be placed on the property
where the event or activity is being held or on a commercially zoned
property.
The Table of Sign Regulations, located in Table 52-1,[1] lists the requirements for different types of permitted
signs that might be proposed for installation in the Town and Villages.
The table addresses each type of sign by zoning category, listing
whether each sign type is permitted in each zone, the number of signs
permitted per site, and the information on sign size, setbacks, and
lighting requirements.
[1]
Editor's Note: Table 52-1, Table of Sign Regulations is included
at the end of this chapter.
The following types of signs are prohibited:
A.
Any sign for which no permit was issued or for which a permit has
been revoked;
B.
Any sign that has been abandoned/obsolete or is not properly maintained,
considered structurally unsound, hazardous or otherwise unsafe;
C.
Any sign that contains words or pictures of an obscene or pornographic
nature;
D.
Any sign that emits audible sounds, odor, or visible matter;
E.
Any sign that may be confused with a traffic control sign, signal
or device or the light of an emergency or road equipment vehicle or
bears the words "stop" "go slow," "caution," "danger," "warning" or
other similar words or hides from view any traffic or street sign,
signal or device;
F.
Signs that interfere with official traffic lights or traffic control
devices;
H.
Any sign with unshielded lighting devices or reflectors placed to
outline or provide the background of a sign;
I.
Animated signs;
J.
Signs with mirrors;
K.
Permanent banner, pennant, windblown, feather or inflated signs.
These may be permitted as a temporary sign to communicate the opening
of a new business for a total of 60 days; maximum size for these signs
is 20 square feet. For special events or sales for existing business,
these may be permitted for 30 days for one event in a calendar year.
Maximum number of signs is one per 50 feet of business road frontage.
[Amended 5-15-2019 by L.L. No. 6-2019]
L.
Any portable sign attached to or placed on an unregistered vehicle
parked on private property for the primary purpose of being viewed
by motorists within the right-of-way;
M.
Pennants, not affixed to the face of a building; and
N.
Any sign placed on a curb, sidewalk, hydrant, utility pole, trees
or other objects located on or over any street unless otherwise permitted.
O.
Full motion or interactive signs; and
[Amended 5-15-2019 by L.L. No. 6-2019]
P.
Roof signs.
[Added 5-15-2019 by L.L.
No. 6-2019]
[Amended 5-15-2019 by L.L. No. 6-2019]
The following regulations apply in addition to those outlined in § 300-52.7. Where there are inconsistencies between this section and § 300-52.7, the regulations of this section shall control. (See Table of Sign Regulations, for sign allowances.[1])
A.
Residential districts.
(1)
Signs advertising for public, quasi-public, nonprofit, church,
schools, hospital or other similar uses shall be located on the same
premises as the use.
(2)
Project identification signs for large, multiunit developments
shall be permitted for a period not to exceed five years or whenever
all the lots have been sold, whichever occurs first.
B.
Nonresidential districts.
(1)
Two signs per use are permitted for a single business or industry.
Where contiguous businesses or industries are located on a single
lot, such as, but not limited to, industrial centers or business parks,
each business or industry shall be permitted two signs and the lot
may be permitted one sign. If a business is located in a building
with two street frontages, a total of two wall signs may be permitted,
one each per wall with street frontage for a total of three signs.
(2)
Shopping center. Where groups of three or more contiguous businesses
are located together, one sign per use shall be permitted in addition
to a single freestanding sign for the entire shopping center. The
single freestanding sign shall be no more than 80 square feet if there
are four businesses or less. An additional 15 square feet may be added
to the freestanding sign for each business over four, up to a maximum
of 300 square feet.
C.
Off-premises signs.
[Added 4-1-2020 by L.L. No. 3-2020]
(1)
Off-premises signs (nondigital and digital) shall only be permitted
within the General Commercial and Industrial Zoning Districts (excluding
the Villages of Johnson City and Endicott) and within a distance of
not greater than 500 feet of the right-of-way of NYS Route 17/Interstate
86. There will be a one-time fee payable to the Town of Union of $12,500
for each new digital sign and a one-time fee payable to the Town of
Union of $1,250 for each new nondigital sign. In the event the applicant
for the proposed new off-premises sign (nondigital and digital) desires
as part of the permit application to permanently remove existing off-premises
signs at a ratio of two existing nonconforming off-premises signs
to the installation of one new off-premises sign in the Town of Union
and on the condition that the minimum square feet of said two existing
nonconforming off-premises signs are a combined total square feet
of at least 75% of the square footage of the proposed new off-premises
sign, then the payment of a one-time fee to the Town of Union of $6,250
for each new digital sign and a one-time fee payable to the Town of
Union of $625 for each new nondigital sign.
(2)
Yearly license fees for off-premises digital signs shall be
$500, payable by the owner to the Town of Union on a calendar basis.
Yearly license fees for off-premises static signs that are not already
licensed by a Village or other government entity shall be $50 for
a static sign larger than 55 square feet and $25 for a static sign
that is 55 square feet or smaller. Failure to submit payment within
45 days of December 31 will result in an additional administrative
fee of 10% of said overdue payment.
(3)
No more than one off-premises sign is permitted on a lot or
parcel.
(4)
No off-premises sign shall be located within 500 feet from another
off-premises sign facing the same direction, nor, as measured along
the street line on which the sign is located, within 100 feet of any
residential zoning district boundary, nor within 500 feet of the property
line of a public or parochial school, library, church, hospital or
similar institutional use fronting on the same street.
(5)
The size of the off-premises nondigital sign shall not exceed
300 square feet, shall not exceed 35 feet in height above the elevation
of the nearest highway shoulder, and shall have a minimum setback
of eight feet from any property line.
(6)
The size of the off-premises digital sign shall not exceed 450
square feet, shall not exceed 35 feet in height above the elevation
of the nearest highway shoulder, and shall have a minimum setback
of eight feet from any property line.
(7)
The digital sign must be located in accordance with the federal
and state regulations from the nearest off-premises sign. Distance
between digital signs shall be in accordance with the New York State
Department of Transportation (NYSDOT) and federal regulations and
requirements.
(8)
The digital messaging shall remain static for at least eight
seconds prior to changing to the next message, which messaging change
shall be performed as quickly as possible (e.g., no fade-out or fade-in)
or otherwise in accordance with federal and state regulations.
(9)
The illumination and all other aspects of a digital sign shall
otherwise conform to all requirements of the NYSDOT and federal regulations.
[1]
Editor's Note: The Table of Sign Regulations is included at
the end of this chapter.
A.
Design considerations.
(1)
Location.
(a)
All signs must be located on private property and comply with
the dimension and setback requirements contained in the Table of Sign
Regulations (Table 52-1).
(b)
No sign shall be erected, relocated, or maintained so as to
prevent ingress to or egress from any door, window, or fire escape.
(c)
Signs projecting over walkways or sidewalks must have a minimum
clearance between the bottom of the sign and the ground of nine feet.
Signs projecting over a traffic area, such as a driveway or parking
lot aisle must have a minimum clearance between the bottom of the
sign and the ground of 15 feet.
(2)
Sign area.
(a)
The area of a sign will include all lettering, wording, and
accompanying designs and symbols with the background area, but will
not include any supports, framework, or bracing.
(b)
The area of a sign applied to a building will include all lettering,
wording and designs/symbols with the background area.
(c)
When a sign consists of individual letters or symbols attached
to or painted on a surface, the area will be considered to be the
smallest rectangle that encompasses all letters/symbols.
[Amended 3-16-2016 by L.L. No. 2-2016]
(d)
When computing the area of a double-face sign, both sides are
considered to be a single sign.
(3)
Signs shall be constructed from weather-resistant and durable
materials (i.e., metal, lumber/wood, plastic, etc.).
(4)
Wind pressure and load requirements. All signs and other advertising
structures shall be designated and constructed to withstand a wind
pressure of not less than 30 pounds per square foot.
(5)
Lettering:
(a)
Shall be permanently affixed to the sign; or
(b)
Changeable copy shall be enclosed and locked.
(c)
Digital messages:
[Amended 5-15-2019 by L.L. No. 6-2019]
[1]
Digital messages or graphics are only permitted
on monument style signs in the General Commercial Zoning District.
Digital messages are prohibited on all other sign types and in all
other zoning districts, except that location restrictions on digital
signs shall not apply to fire districts or fire companies, regardless
of the applicable zoning district.
[2]
Message display:
[a]
The message shall change no more than once per
day and shall consist of two colors.
[b]
No digital message sign may contain text which
flashes, pulsates, moves, or scrolls. Each complete message must fit
on one screen.
[c]
The content of the sign must transition by changing
instantly (e.g., not fade-out or fade-in).
[d]
The sign shall contain a default design which shall
freeze the sign message in one position if a malfunction should occur.
[3]
Digital message signs shall not be located within
500 feet of a residentially zoned property as measured along the street
line on which the sign is located.
[4]
The illumination from a digital message sign shall
be controlled not to be visible from or cast light or shadows onto
adjacent properties or cause unwanted glare in accordance with Article
55.
[5]
The use of any digital messages on a site shall
result in an overall reduction in the allotted sign area of 25%.
(d)
Digital message centers for governmental uses, including fire
districts and fire companies.
[Added 5-15-2019 by L.L.
No. 6-2019]
[1]
Signs are permitted in any zoning district on property
owned by the entity.
[2]
Signs are permitted to be monument type signs.
[3]
Maximum height is 10 feet.
[4]
Maximum size is 40 square feet in area.
[5]
Emergency messages such as weather/amber/emergency
alerts can change every 10 seconds. Signs cannot flash.
[6]
Nonemergency messages cannot change more than once
a day and shall consist of no more than two colors.
B.
Construction specifications.
(1)
Compliance with the NYS Uniform Code and other applicable codes
and regulations;
(2)
Light fixtures and related wiring will comply with the National
Electric Code, and all electrified signs shall bear an approved testing
laboratory label and all electrical connections shall be approved
by an approved inspection agency;
(3)
Transformers, wires, and similar items shall be concealed;
(4)
All wiring to freestanding signs will be underground;
(5)
All signs and related items will be kept in good repair and
safe condition;
(6)
A sign may not obstruct a fire escape;
(7)
All signs requiring a permit will display the name and operating
telephone number of the person/organization responsible for the sign;
and
(8)
No sign shall be located within six feet of an electrical conductor,
light pole, streetlamp, traffic light, or other utility pole.
C.
Illumination.
(1)
Light sources shall be shielded to avoid glare/light pollution
beyond property lines and to prevent disturbance to motorists;
(2)
No illuminated sign located on a lot adjacent to or across the
street from any residential district, zone or use shall be illuminated
between the hours of 11:00 p.m. and 7:00 a.m., unless the use to which
the sign pertains is open for business during those hours;
(3)
No flashing, rotating, intermittent or moving light sources
are permitted; and
(4)
Messages that display the time and temperature can be displayed
for not less than four seconds.
E.
Maintenance and removal of signs.
(1)
Maintenance and repair. Every sign shall be maintained in a
safe, presentable and good structural condition at all times by the
replacement of defective parts, painting, repainting and other acts
required for the maintenance of the sign.
(2)
Abandoned signs. Any sign which is located on a property which
becomes vacant for a period of three months or more shall be deemed
to have been abandoned. Permanent signs applicable to a business temporarily
suspended because of a change in ownership or management of the business
shall not be deemed abandoned unless the property remains vacant for
a period of one year. An abandoned sign is prohibited, and the sign,
including all structural support to grade level, shall be removed
by the owner of the premises upon which the sign is located.
(3)
Dangerous or defective sign. No person shall maintain or permit
to be maintained on any premises one owns any sign which is dangerous
or in a defective condition. Any such sign shall be removed or repaired
by the owner of the premises.
(4)
Removal of signs.
(a)
The Code Enforcement Officer shall cause to be removed any sign,
including all structural support to grade level, that endangers the
public safety, such as abandoned, dangerous or defective signs, signs
for which no permit has been issued and is required or a sign posted
on the public right-of-way or on public property. The Code Enforcement
Officer shall prepare a notice which shall describe the sign and specify
the violation(s) involved, and which will state, if the sign is not
removed or the violation not corrected in a set period of time, the
sign shall be removed by the Town of Union or the Village of Endicott
or Johnson City. All notices shall be either personally served or
mailed by certified mail.
[Amended 3-7-2012 by L.L. No. 2-2012]
(b)
For all other signs, the notice shall be mailed to the owner
of the property on which the sign is located.
(c)
Notwithstanding the above, in cases of emergency, the Code Enforcement
Officer may cause the immediate removal of a dangerous sign without
notice. For any sign removed by the Code Enforcement Officer, the
cost of the sign removal by the Town or Villages shall be considered
a debt owed to the Town or Village by the owner of the property and
may be recovered by an assessment against the property.
A.
Any sign erected prior to the adoption of this chapter which does
not conform to the provisions of this article is permitted to remain
as a nonconforming sign, provided that the sign:
(1)
Was erected under an approved sign permit prior to the adoption
of this chapter; and
(2)
Advertises an existing business still in operation.
(3)
Replacement of an existing sign face or faces for a new business
or advertiser or change in existing business or advertiser logo without
altering the sign structure is permitted and will not result in a
loss of nonconforming status.
[Added 5-15-2019 by L.L.
No. 6-2019]
The following operations shall not be considered as creating
a sign insofar as requiring the issuance of a permit, but the signs
shall be in conformance with all other ordinances and regulations
of the Town and Villages:
A.
Changing the advertising copy or message of an existing approved
painted or printed sign, manually changeable copy sign or similar
approved sign, whether illuminated or nonilluminated painted message
which are all specifically designed for the use of manually replaceable
copy.
B.
Painting, repainting, cleaning or other normal maintenance and repair
of a sign not involving structural changes. Replacement of the plastic
face will be included as an exempt operation, provided that it is
due to a change caused by breakage and/or deterioration of the face,
but not for the substitution of a new or different advertiser.
All applicants for sign permits shall submit the following:
A.
Name, address and telephone number of the applicant.
B.
Location of building or lot to which or upon which the sign is to
be attached or erected.
C.
Name of the person, firm, corporation or association erecting the
sign.
D.
Two blueprints or ink drawings of the plans and specifications and
methods of construction and attachment to the building or the ground.
E.
For signs 150 square feet or more, one copy of stress sheets and
calculations showing that the structure is designed for dead load
and wind pressure.
F.
If the sign is to be illuminated, the lumens.
G.
Such other information as the Building Official shall require to
show full compliance with this chapter and any other ordinance of
the Town of Union, Village of Johnson City or Village of Endicott
as applicable.
[Amended 3-7-2012 by L.L. No. 2-2012]
If the work authorized under a sign permit has not been completed
within 90 days of issuance, the permit shall become null and void,
unless otherwise extended in writing by the Code Enforcement Officer,
prior to the original expiration date, for a single ninety-day period.
The fee for a building permit for any sign requiring a permit
is listed in the adopted Fee Schedule for the Town and Villages.
If the Code Enforcement Officer or other designated official
shall find that any sign is unsafe or insecure or constitutes a menace
to the public or has been constructed or erected or is being maintained
in violation of this article or applicable ordinances, he or she shall
have the owner of said sign cited in violation by written notice.
From the date of such written notice or from such date as may be designated,
said person in violation shall have 10 days to comply with the requirements
of this article or any ordinance.
