A.
Permits required.
(1)
No person, firm or corporation shall hereafter erect, reerect, construct or structurally alter a sign or sign structure without a permit first having been issued by the Zoning Office.
(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 Zoning Office shall require to show full compliance with this and all other laws and ordinances of the Town of Lowville.
(3)
Consent of the owner of the building, structure, or premises, if not the same as the applicant, must be shown.
(4)
The Zoning Office shall grant permits to all temporary signs that conform to the dimensional, locational, and construction requirements as herein stated. Any permanent sign application shall be referred to the Planning Board for architectural review if part of the site plan review process.
(5)
All permanent sign applications are subject to a fifteen-day review by the Zoning Office. All permits issued are subject to Town Board objection until 15 days after approval has been granted by the Zoning Office or Planning Board but not by the Zoning Board of Appeals.
(6)
All signage on the building, including but not limited to advertising, dealership, etc., shall be considered signage for any building as set forth below.
(7)
All roof signs are prohibited.
(8)
Monument signs are encouraged.
(9)
All signs must have landscaping of a minimum of 18 inches surrounding the sign.
B.
Plaza signs.
(1)
All new plaza signs shall be reviewed by the Planning Board during site plan review. Each tenant in a plaza will be allowed one building sign and one roadside sign that must be contained within one common tenant freestanding sign. The Planning Board will determine the best location and size of the common tenant sign during site plan review. The Planning 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, business or traditional neighborhood zoning district exceed 48 square feet.
(2)
A single wall sign may be used to identify more than one on-premises establishment, such as a sign directory. 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 article.
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 a safety hazard, danger and or distraction to drivers or other 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.
D.
Location of signs.
(1)
All permanent signs within the Town of Lowville must maintain a setback off any roadside right-of-way a minimum of 10 feet. 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. Proof of setback for right-of-way purposes must be proven by a copy of the deed filed in the County Clerks' office and submitted with the application.
(2)
No sign shall project into the public right-of-way nor be placed, painted or drawn upon trees, utility poles, light poles or standards.
E.
Off-premises and billboard signs.
(1)
The Town of Lowville 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 not permanent. Temporary signs directing traffic to seasonal agricultural products less than 16 square feet in area 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 in any place within the Town of Lowville except in shopping plazas as approved by the Planning Board.
(3)
Any off-premises and/or billboard sign placed on a highway will need the approval of the New York State Department of Transportation and proof of approval must be filed with the sign application.
F.
Secondary building signs. On commercial buildings with rear or side orientation to a plaza or mall parking lot or any other public access area, a rear- or side-faced sign shall be allowed with the name of the business and their logo only. Such signs must meet the dimensional requirements of this chapter.
G.
Multiple residence or apartment developments.
(1)
For multiple residences or apartment developments, one sign advertising availability of residential units will be permitted not to exceed four square feet.
(2)
One freestanding sign that identifies the apartment complex or multiple-family residence will be allowed not to exceed 16 square feet in area or a monument sign not to exceed 18 square feet in area.
H.
Public utility signs. Signs necessary for the identification, operation or production of a public utility, not exceeding 18 square feet, may be erected on the premises of such public utility.
I.
Project signs. For residential subdivisions or projects, one sign which identifies the project by name and address may be erected near the entrance. The one sign shall not exceed 18 square feet. The location of the sign shall be approved as part of the site plan review by the Planning Board.
J.
Number of signs. Any business establishment within a commercial zone may have both one wall sign and one freestanding or monument sign. Each business may also have a temporary sign after an application is submitted to and approved by the Zoning Office according to the requirements of this article. Businesses located in a plaza or shopping mall shall utilize a common tenant sign as reviewed and approved by the Planning Board.
K.
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 thereafter, as well as other enforcement provisions of this article.
L.
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 article shall be a nonconforming use.
(2)
A nonconforming sign may not be altered, rebuilt or resumed except in conformity with the regulations for the district in which it is located.
(3)
A nonconforming sign, representing a use that has ceased for a consecutive period of 12 consecutive months, may not be altered rebuilt or resumed unless in conformity with this article.
(4)
A nonconforming sign may be continued subsequent to adoption of this article but the sign shall not be changed in any manner that increases its nonconformity.
(5)
Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming sign declared unsafe by a duly designated official.
(6)
A nonconforming sign, when destroyed by fire or Act of God, may not be rebuilt or resumed unless in conformity with this article.
(7)
Whenever an area is transferred from a zone of one classification to a zone of a different classification, or amendments are adopted which change regulatory measures governing signs, the above regulations shall apply to nonconforming signs created by such transfer.