A.
The purpose of these sign regulations is to regulate signs of all
types in all districts. In the interest of promoting the general health,
safety and welfare of residents of Lewiston, these sign regulations
are herein established to provide for the placement, location and
size of signs in a sensible manner. As more specifically set forth
herein, the intent of these sign regulations is:
(1)
To encourage the effective use of signs as a means of identification
and communications;
(2)
To maintain and enhance the aesthetic environment;
(3)
To strengthen Lewiston's ability to attract sources of economic
development and growth;
(4)
To prohibit the erection of signs in such numbers, sizes, designs
and/or locations that may create a hazard to pedestrian and vehicular
traffic;
(5)
To minimize the possible adverse effect of signs on nearby public
and private property;
(6)
To promote and maintain attractive, high value residential,
commercial and industrial districts by preventing the blighting influence
of excessive signage;
(7)
To provide reasonable, yet appropriate, conditions for identifying
residential developments, institutions, businesses and industrial
establishments;
(8)
To control the size and location of signs so that signs will
be aesthetically harmonious with their surroundings and the design
of adjacent buildings;
(9)
To control the number of signs, and to avoid excessive competition
for large or multiple signs, so that permitted signs provide adequate
identification and direction while minimizing clutter, unsightliness
and confusion;
(10)
To allow certain temporary signs in limited circumstances without
a requirement for permits;
(11)
To promote signs which are designed utilizing clear, crisp lettering
and uncomplicated symbols which identify the intended message efficiently;
and
(12)
To enable the fair and consistent enforcement of these sign
restrictions.
Words and phrases used in this regulation shall have the meanings
set forth in this section. Words and phrases not defined in this section
but defined in this chapter of the Town chapter of Lewiston shall
be given the meanings set forth in such section. All other words and
phrases shall be given their common, ordinary meaning, unless the
context clearly requires otherwise.
A sign which for a period of 90 consecutive days has not
correctly directed or exhorted any person, advertised a bona fide
business, lessor, owner, product or activity conducted or product
available on the premises where such sign is displayed.
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or a building by a permanent frame at
one or more edges. National flags, state or municipal flags, or the
official flag of any institution or business shall not be considered
banners.
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same zone lot as the
light source; also, any light with one or more beams that rotate or
move.
Any sign which advertises a business, service, product, commodity,
entertainment or similar object or activity which is conducted, sold
or offered on a lot other than the lot on which the sign is erected.
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry
surface or made of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this regulation. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a "time and temperature"
portion of a sign and not a changeable copy sign for purposes of this
regulation.
Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service, or other commercial activity.
Any sign located on private or other non-right-of-way property,
to direct traffic onto it, usually indicating the entrance and exit
to a parking lot.
Any fabric, banner, or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government.
Any sign, including a monument sign, supported by structures
or supports that are placed on, or anchored in, the ground that are
independent from any building or other structure.
A sign intended to identify the principal use of a lot, building
or building unit according to the following:
BUSINESS IDENTIFICATION SIGNA sign indicating the business name or logo of a commercial or industrial enterprise and limited to identification purposes.
INSTITUTION IDENTIFICATION SIGNA sign displaying the name and/or organization occupying the premises of a public or quasi-public use restricted to: church or other place of religious worship; hospital; nursing home; public or nonprofit corporation owned and operated recreational facilities; governmentally owned and/or operated facilities; and schools and cemeteries.
RESIDENTIAL IDENTIFICATION SIGNA sign identifying the name and address of a completed residential subdivision, a cluster development, or a multifamily development.
A sign, generally informational, that has a purpose secondary
to the use of the zone lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone," and other similar directives.
No sign with a commercial message legible from a position off the
zone lot on which the sign is located shall be considered incidental.
An exterior sign that has a purpose secondary to the use
on the lot that is intended to instruct employees, customers, visitors
or users as to: specific parking requirements; the location or regulations
pertaining to specific activities on the site or in the building;
security system advisories; specific services offered; or methods
of payments accepted. Examples of instructional signs include: "Honk
Horn for Service;" "Restrooms Inside;" "Parking for Customers Only;"
"Parking for Residents Only;" menu boards; drive-up tellers; and "self-serve."
No sign with a commercial message legible from a position off the
zone lot on which the sign is located shall be considered an instructional
sign.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
Any sign attached to, in any manner, or made a part of a
marquee.
A sign indicating the name of a building, the date of construction
and/or incidental information about its construction or historical
significance, which sign is cut into a masonry surface or made of
bronze or other permanent material, and mounted at the time the building
was constructed or affixed to the building or premises subsequent
to a structure or site being designated as a historical landmark.
A sign indicating only the name, address or occupation of
the person or business occupying the lot or building.
Any sign or design detail which features exposed glass tubing
filled with fluorescent gas.
Any sign that does not conform to the requirements of this
regulation.
A sign which directs attention to a business, product, activity
or service which is generally conducted, sold or offered elsewhere
than upon the premises where such sign is located.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
A permanent, freestanding sign that is mounted on a pole(s)
or other support(s) that is placed on and anchored in the ground or
on a base and that is independent from any building or other structure.
A temporary sign advocating action on a public issue, indicating
a candidate for public office, or expressing an opinion or belief.
Any sign designed to be transported, including, but not limited
to, signs designed to be transported by means of wheels; signs converted
to A- or T-frames; menu and sandwich board signs; balloons used as
signs; umbrellas used for advertising; and signs attached to or painted
on vehicles parked and visible from the public right-of-way, unless
said vehicle is used in the normal day-to-day operations of the business.
The building in which is conducted the principal use of the
zone lot on which it is located. Zone lots with multiple principal
uses may have multiple principal buildings, but storage buildings,
garages, and other clearly accessory uses shall not be considered
principal buildings.
A temporary sign advertising the sale of personal property
at house sales, garage sales, rummage sales and the like.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than 12 inches beyond the surface of
such building or wall.
A temporary sign which directs attention to the rental, sale
or lease of the property on which the sign is located.
Any sign, including emergency warning signs and street identification
signs, erected by a public authority, utility, public service organization
or private industry upon the public right-of-way or on private property
which is required by law or otherwise intended to control traffic,
direct, identify or inform the public, or provide needed public service
as determined by the rules and regulations of governmental agencies
or through public policy. Public purpose/safety signs include "No
Parking Fire Lane."
Any sign located in a district zoned for residential uses
that contains no commercial message except advertising for goods or
services legally offered on the premises where the sign is located,
if offering such service at such location conforms with all requirement
of the zoning regulation.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
Any sign or portion of a sign which moves in a revolving
or similar manner, but not including multiprism indexing signs.
Any letters, figures, design, symbol, trademark or illuminating
device intended to attract attention to any place, subject, person,
firm, corporation, public performance, article, machine or merchandise
whatsoever and printed or constructed and displayed in any manner
whatsoever out of doors for advertising purposes. However, this shall
not include any governmental, court or public notices nor the flag,
emblem or insignia of a government, school or religious group when
displayed for official purposes.
Any sign incorporating an electrical light source which illuminates
the sign face from within.
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Signs advertising fund-raisers and community events or other
activities involving public participation occurring within the Town
do not require a permit. Promotional signs may not exceed eight square
feet on any side and are limited to a total square footage of 16 feet.
These signs may be temporarily displayed for no more than 30 days
prior to the event and shall be removed no later than seven days following
the event. Signs may not be placed in the highway right-of-way. No
sign shall be placed which will obstruct the view of automobile or
pedestrian traffic.
[Amended 5-29-2013 by L.L. No. 2-2013]
Any sign, including a portable sign, which is intended to
be displayed for a limited time only. Such signs include construction,
political, real estate and temporary promotional signs.
A wall sign erected to identify each business or tenant located
within the building.
Any sign attached parallel to, but within 12 inches of, a
wall, painted on the wall surface of, or erected and confined within
the limits of, an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
Any sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale, or service, that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
A.
No sign may be erected, placed, established, painted, created, or
maintained in the Town of Lewiston except in conformance with the
standards, procedures, exemptions, and other requirements of this
chapter.
B.
Except as otherwise provided herein, it shall be unlawful for any
person to erect, construct, enlarge, move or convert any sign in the
Town of Lewiston, or cause the same to be done, without first obtaining
a sign permit for each such sign.
C.
All signs must be set back so that every part of the sign and any
supporting structure is no closer than 10 feet to the road or street
right-of-way or property lines.
D.
No light, sign or other advertising structure or device shall be
erected or maintained in such a manner or location as to be confused
by reason of position, shape, color or wording with any authorized
traffic sign, signal or device.
E.
No green or red illuminated signs shall be located within 200 feet
of a traffic signal light.
F.
Except for street banners, temporary signs, and window signs conforming
in all respects with the requirements of this regulation, all signs
shall be constructed of permanent materials and shall be permanently
attached to the ground, a building, or another structure by direct
attachment to a rigid wall, frame, or structure.
G.
All signs shall be maintained in good structural condition, in compliance
with all building and electrical codes, in a neat, clean, and attractive
condition, and in conformance with this chapter, at all times. A sign
in good repair shall be free of peeling or faded paint, shall not
show uneven soiling or rust streaks; shall not have chipped, cracked,
broken or bent letters, panels or framing; shall not otherwise show
deterioration; and shall comply with all other applicable maintenance
standards of the Town.
H.
No sign other than a canopy sign or street banner shall project over
or hang over any sidewalk, driveway, walkway, roadway, or accessway,
except that signs attached to the wall of a building may thus project
not more than 12 inches therefrom, provided that such projection does
not occur within 10 feet vertical clearance of the ground. Canopy
signs may project over a private sidewalk or building entrance provided
such projection does not occur within 10 feet vertical clearance of
the ground.
I.
No sign may contain or consist of flags, banners, pennants, ribbons,
streamers, strings of light bulbs, spinners or other similar moving
devices. These devices when not part of any sign are similarly prohibited
unless they are permitted specifically by other local law.
J.
No animated, flashing, rotating, noise making, reflecting, mirrored
or intermittently illuminated signs shall be permitted to be erected,
except for required public purpose/safety signs.
K.
Illuminated signs shall be so designed and arranged that any external
illumination is so effectively shielded that no direct rays of light
are cast into residential areas or public streets. No exposed reflective-type
bulb or incandescent lamp which exceeds 15 watts shall be used on
the exterior surface of any sign so as to expose the face of the bulb,
light or lamp to any public street or adjacent property.
L.
Transformers, wires and similar items shall be concealed.
M.
Bright lighting of a roof or building for advertising purposes and
"outline lighting" of buildings or roofs shall be prohibited.
N.
Whenever any sign, either conforming or nonconforming to these regulations,
is required to be removed for the purpose of repair, relettering,
or repainting, the same may be done without a permit, or any payment
of fees, provided there is no alteration or enlargement to the structure,
mounting, color, or illumination of the sign itself, and the sign
is accessory to a legally permitted or nonconforming use.
A.
Application. An application for a sign permit shall be made to the
Building Inspector upon prescribed forms and shall contain the following:
(1)
The name, address and telephone number of the applicant.
(2)
The location of the building, structure or land to which or
upon which the sign is to be erected.
(3)
The application shall be accompanied by two sets of plans of
the sign, drawn to scale on sheets of a minimum of 8 1/2 inches
by 11 inches. Sign plans shall include dimensions, proposed design,
colors, materials, details of any illumination source, wiring and
other electrical details and structural details, including fastening
and joining methods and materials.
(4)
Two plot plans of the parcel on which the sign is to be placed
shall also be submitted, delineating property lines, street lines,
building locations and dimensions, parking areas, location and dimensions
of all other signs on the parcel, exact location of the proposed sign,
including dimensions of setbacks from property lines, and any obstructions
in relation to the designated location of the proposed sign. Where
a parcel has more than one frontage, the primary frontage shall be
designated on the plan.
(5)
One application and permit may include multiple signs on the
same zone lot.
(6)
Sign plans shall include a statement that the proposed sign
as shown on the plan is structurally sound and will withstand wind
loads as prescribed by the New York State Uniform Fire Prevention
and Building Code.
(7)
Fees required by this chapter for sign permits shall be in addition
to any applicable site plan or subdivision application or review fees.
If the sign application is part of a site plan or subdivision
review, the Planning Board, as part of its review, shall either recommend
approval, approval with conditions, or denial of a sign request. Notwithstanding
this subsection, any requested sign not meeting all of the requirements
of this article (as determined by the Building Inspector) may only
be approved by the Planning Board conditioned of receipt of a variance
by the Zoning Board of Appeals. Pursuant to Town Law § 277,
Subdivision 6, application for variances to the Zoning Board of Appeals
may be at the time of submitting the sign permit application.
A.
In reviewing sign plans the Planning Board shall apply the following
design standards (the Building Inspector is responsible for the review
of all other requirements, i.e., structural, size, electrical, etc.):
(1)
Every sign shall be designed as an integral architectural element
of the building and site to which it principally relates.
(2)
Signs should display simple and clear messages and symbols which
should be legible by pedestrians and slow-moving vehicles within a
reasonable distance. Except as otherwise provided hereunder, a sign
shall be limited to not more than the display of the name of the business
establishment, one symbol, logo or drawing, and one feature product
or service provided by the business.
(3)
Sign colors should harmonize with the exterior colors, including
trim, of the building to which the sign is attached. In the case of
a freestanding sign, the colors on such sign should be compatible
with the colors of the building to which the sign principally relates.
The letter faces of an individual letter sign shall be kept in one
single color.
(4)
Lettering on a sign shall be limited to a maximum of two different
type styles. The lettering and the design of a sign should complement
the architecture of the building to which the sign is attached. In
the case of a freestanding sign its design should be compatible to
the building to which the sign principally relates.
A.
Provided that all requirements of this chapter are met, and if required,
review and recommend approval by the Planning Board has occurred,
the Building Department shall issue a sign permit within 14 days after
receipt of a complete application. If the Building Department finds
that an application is incomplete, or denies the permit, the Building
Enforcement Officer shall, within such fourteen-day period, send to
the applicant a notice of the specific ways in which the application
is deficient, with appropriate references to the applicable sections
of this regulation.
A.
All signs not expressly permitted under this regulation or exempt
from regulation under this article are prohibited in the Town of Lewiston.
Such signs include, but are not limited to:
(1)
Roof signs.
(2)
Off-premises signs.
(3)
Pole signs.
(4)
Marquee or marquee signs.
(5)
Animated or rotating signs, except required public purpose/safety
signs.
(6)
Beacons.
(7)
Billboard signs.
(8)
Projecting signs.
(9)
Banners, pennants and/or portable signs, except as temporary
signs in accordance with this article.
(10)
Any sign or part thereof on a vehicle parked on a public right-of-way
or public property or on private property so as to be intended to
be viewed from a motorized vehicular public right-of-way, which has
for its basic purpose the providing of advertisement of products or
directing people to a business or activity located on the same or
nearby property or any other premises. This subsection is not intended
to prohibit any form of vehicular signage, such as a sign attached
to a bus or lettered on a motor vehicle or signs that are part of
a vehicle such as a construction trailer, whose primary purpose is
not advertising to the public right-of-way.
(11)
Any sign erected or maintained which might be confused with
any traffic control device or which might interfere with the vision
or discernment of any traffic sign or which might cause danger to
public travel, including any sign which make use of words such as
"Stop," "Look," "One Way," "Danger," "Yield," or similar words, phrases,
symbols, lights or characters in such a manner as to interfere with,
mislead or confuse traffic.
(12)
Suspended signs.
(13)
Strings of lights not permanently mounted to a rigid background,
except those exempt under this article.
(14)
Inflatable signs and tethered balloons.
(15)
Abandoned signs.
(16)
Neon signs outside of commercial districts or any use of neon
to outline or highlight a structure.
A.
The following signs shall be exempt from regulation under this chapter:
(1)
Any public notice or warning required by a valid and applicable
federal, state, or local law, regulation, or ordinance.
(2)
Any sign inside a building, not attached to a window or door,
that is not legible from a distance of more than three feet beyond
the lot line of the zone lot or parcel on which such sign is located.
(3)
Any New York State inspection station identification sign or
New York State authorized repair shop identification sign which is
at a height which does not exceed 10 feet and is located on an exterior
or interior wall of the motor vehicle service station.
(4)
Holiday lights and decorations with no commercial message, but
only between November 15 and January 15, or other holiday decorations
erected nor more than 14 days before and removed no more than 14 days
after the particular holiday they relate to or symbolize.
(5)
Traffic control signs on private property, such as "Stop," "Yield,"
and similar signs, the face of which meet Department of Transportation
standards and which contain no commercial message of any sort.
(6)
Private sale, rental or lease signs, when posted not more than
seven days before a sale, and removed within seven days thereafter,
and which sales may occur at any particular residence no more than
three times a year.
(7)
Open/closed business signs which do not exceed two square feet.
(8)
Official public information signs, memorial signs, building
names, erection dates or similar information cut into masonry or other
permanent surface or constructed of bronze or other noncombustible
material, not to exceed 16 square feet.
(9)
Signs and markers in cemeteries designating graves and memorials.
(10)
On-site farm stand signs that do not exceed 16 square feet in
size, 32 square feet cumulatively for all signs for any one property.
(11)
Historical site markers.
(12)
No-trespassing signs and "posted" (no hunting, fishing and trapping)
signs.
(13)
Street number identification plates.
(14)
Vacancy/no vacancy signs which do not exceed three square feet.
A.
Computation of height. The height of a sign shall be computed as
the distance from the base of the sign at normal grade to the top
of the highest portion of the actual sign. Normal grade shall be construed
to be the lower of: (1) existing grade prior to construction; or (2)
newly established grade after construction, exclusive of any filling,
berming, mounding, or excavating solely for the purpose of locating
the sign. In cases in which the normal grade cannot reasonably be
determined, sign height shall be computed on the assumption that the
elevation of the normal grade at the base of the sign is equal to
the elevation of the nearest point of the crown of a public street
or the grade of the land at the principal entrance to the principal
structure on the zone lot, whichever is lower.
B.
Computation of area of multifaceted signs. Any sign may be double
facing and all faces shall be counted in determining conformity to
sign area limitations.
C.
Computation of area of individual signs. The area of a sign face
(which is also the sign area of a wall sign or other sign with only
one face) shall be computed by means of the smallest square, circle,
rectangle, triangle, or combination thereof that will encompass the
extreme limits of the writing, representation, emblem, or other display,
together with any material or color forming an integral part of the
background of the display or used to differentiate the sign from the
backdrop or structure against which it is placed, but not including
any supporting framework, bracing, or decorative fence or wall when
such fence or wall otherwise meets zoning regulation and is clearly
incidental to the display itself.
A.
Freestanding signs shall not exceed 40 square feet for each panel.
B.
Signs on buildings shall not exceed 100 square feet, and no such
sign shall have a vertical dimension of greater than six feet.
C.
Farmer's roadside signs shall not exceed four feet by three feet
doubled-sided (12 square feet/side).
A.
The following temporary signs are not allowed in a right-of-way,
but are allowed on private property without a sign permit:
(1)
Construction signs. Signs which identify the architects, engineers,
contractors and other individuals of firms involved with the construction
and/or the purpose for which the building is intended. One temporary
construction sign shall be allowed per lot, and such sign shall not
exceed a maximum area of 16 square feet. The sign shall be confined
to the site of the construction and shall be removed within 14 days
of completion of the project.
(3)
Real estate signs. Signs advertising the sale, rental or lease
of the premises or part of the premises on which the signs are displayed,
up to a total area of eight square feet in residential and 32 square
feet in commercial and light industrial zones. Such signs shall be
removed within 14 days of the sale, rental or lease. No off-premises
signs advertising the sale, rental or lease of property are permitted
in any zone. Directional signs for an open house occurring for a limited
period of time are permitted off-premises provided that maximum sign
area shall not exceed eight square feet. Signs may not be erected
more than seven days prior to the open house and must be removed within
two days after following the event.
(4)
Show window signs (commercial districts only). Signs temporarily
attached to the inside surface of a window, or temporarily painted
on a window, announcing a sale or special feature are permitted provided
they do not exceed 25% of the area of said window. Temporary show
window signs shall be removed immediately after the termination of
such sale or special feature and in no case shall be displayed for
a period longer than 30 days.
(5)
Business opening signs (commercial districts only). Signs, which
may include fabric banners, temporarily attached to the front wall
or windows of a building, announcing the opening of a completely new
enterprise or the reopening under new management of the business operating
within. Business opening signs may be of any size that does not extend
beyond the horizontal or vertical limits of the front wall of the
building or, in the case of buildings housing more than one business,
of that portion of the building occupied by the new business. Business
open signs shall not be displayed for a period longer than 14 days.
(6)
Banners, except as a part of a grand opening when affixed exclusively
to the face of a building (30 days maximum).
(7)
Temporary business/identity signs. These signs shall be authorized
on individual private commercial properties, when, in the judgment
of the Building Enforcement Officer, operations of existing businesses
on such properties are temporarily disadvantaged during road construction
or sewer and water main installation, and/or public maintenance projects.
A business is considered to be temporarily disadvantaged when such
construction is taking place at the time of application within 1,000
feet of the lot upon which the business is located. However, no such
sign shall be erected until a permit specifying the period of authorization
has been obtained from the Building Enforcement Officer. In no case
shall a temporary sign exceed a width of three feet and a vertical
height above ground level of four feet, except for shopping centers.
With reference to businesses located within shopping centers, consisting
of eight or more businesses, signs directing entrance into the shopping
center will be allowed, but individual signs for each business within
the center will not be allowed. Temporary signs for shopping centers
can be four feet by eight feet. Up to two signs for a shopping center
will be allowed. A sign may be of the double-faced linear or V-shaped
configuration. No permit shall be issued for a period in excess of
60 days, provided that the Building Enforcement Officer may grant
one or more extensions of up to 60 days when his inspection of the
premises reveals that such extension is warranted.
(8)
All permits shall be securely fastened to the authorized sign(s).
Upon expiration of a permit, the authorized sign shall be removed
within 24 hours after expiration.
(9)
No temporary signs, as allowed under this section, shall be
electrified (i.e., illuminated, etc.).
A.
All wiring to freestanding signs shall be underground.
B.
Freestanding signs shall not exceed six feet in height.
C.
There shall be no more than one freestanding sign per zoning lot.
D.
All freestanding signs permitted by this chapter shall be landscaped
with ornamental plantings and shrubs at the base of such sign and
shall screen the base from view from the public right-of-way. Unless
otherwise required for a particular type of sign, the area of such
landscaping shall be equal to two times the area of the sign. Such
landscape screening shall be maintained in full effect for the duration
of the existence of the sign. No such landscape screening shall be
removed (except for regular maintenance, such as in advance of replanting)
without prior approval of the Town, and only upon submission of a
new landscaping plan providing for screening of the base of such sign.
E.
Churches, educational institutions may maintain freestanding signs
with up to a maximum of 50% devoted to single-color changeable copy.
The sign face devoted to changeable copy shall be covered by a protective
material and securely locked at all times. No other signs shall have
changeable copy, except pricing signs for motor vehicle service stations,
where only the price information may be changeable.
A.
No signs shall be allowed in the public right-of-way, except for
the following:
(1)
Public signs erected by or on behalf of a governmental body
to post legal notices, identify public property, convey public information,
and direct or regulate pedestrian or vehicular traffic.
(2)
Bus stop signs erected by a public transit company.
(3)
Informational signs of a public utility regarding its poles,
lines, pipes, or facilities.
(4)
Required public purpose/safety sign, including emergency warning
signs, erected by a governmental agency, a public utility company,
or a contractor doing authorized or permitted work within the public
right-of-way.
(5)
Street banners. Banners advertising a public entertainment or
event, if specifically approved under conditions set forth by the
Town Board. Such banners may be displayed in locations designated
by the Town Board for a period beginning 14 days before and ending
seven days after the event.
A.
In residential districts the following nonilluminated signs are allowed:
(1)
Temporary signs, in accordance with the regulations of this
article.
(2)
Nameplate signs for professional occupations not exceeding four
square feet.
(3)
House number signs in accordance with New York codes of sufficient
size to allow identification from the street (and which may be illuminated
by customary outdoor household illumination), which are on the dwelling,
a sign post not exceeding five feet in height or mailbox, but no numbers
painted on rocks shall be allowed.
(4)
Residential subdivision identification (temporary). A freestanding
sign to be temporary in nature, to be removed within 14 days after
the last lot in a subdivision is sold, no larger than 32 square feet
with a fifteen-foot front, side and rear yard setback, one per subdivision
entrance, not exceeding six feet in height for freestanding. Wall
signs are not allowed for this type of sign.
(5)
Residential subdivision identification (permanent). A landscaped,
permanent freestanding sign no greater than six feet in height, no
larger than 32 square feet, location to be approved by the Planning
Board, one sign per subdivision entrance. Wall signs are not allowed
for this type of sign. No permanent residential subdivision identification
sign shall be built unless the applicant provides to the Town Board
proof that said sign will maintained in perpetuity by a homeowners'
association, and which maintenance requirement shall be evidenced
by a recorded restrictive covenant granting the Town the power to
assess the property owners in the subdivision for any maintenance
costs incurred if the association, after an opportunity to cure and
public hearing, does not maintain said sign in good repair.
Conforming signs which are rendered nonconforming by the adoption
or amendment of these regulations shall have the status of legal nonconforming
signs. No nonconforming sign shall be altered by increasing its overall
dimensions, nor shall it be moved from its established position and
erected or reconstructed in any other location on the premises. If
destroyed, or damaged by any means to the extent of 50% of its replacement
cost, no nonconforming signs shall be reconstructed or restored, provided
that nothing contained herein shall prevent customary maintenance,
repainting or posting of such signs or structures.
The Building Inspection Officer shall cause an inspection of
the zone lot for which permit for a new sign or for modification of
an existing sign is issued during the sixth month after the issuance
of such permit or at such earlier date as the owner may request. If
the construction is substantially complete but not in full compliance
with this regulation and applicable codes, the Building Inspection
Officer shall give the owner or applicant notice of the deficiencies
and shall allow an additional 30 days from the date of inspection
for the deficiencies to be corrected. If the deficiencies are not
corrected by such date, the permit shall lapse.
Any sign now or hereafter existing which no longer advertises
a bona fide business conducted, product sold or activity or campaign
being conducted shall be taken down and removed by the owner, agent
or person having the beneficial use of the building, structure or
lot upon which such sign may be found. Removal shall occur within
30 days of such cessation. When failure to comply with the foregoing
provision occurs, the Zoning Enforcement Officer shall order removal
of such sign, within 30 days of written notification, and expense
incident thereto shall be paid by the owner of the building, structure
or lot to which such sign is attached.
[Added 9-11-2017 by L.L.
No. 4-2017]
A.
All signs containing electrical wiring shall be subject to the provisions
of the National Electrical Code and an electrical permit issued by
the Town of Lewiston. The electronic components used shall bear the
label of a nationally recognized testing laboratory.
B.
Electronic message display (EMD) signs or light-emitting display
(LED) signs may be permitted, subject to an electrical permit issued
by the Town of Lewiston, in the Light Industrial (I1), Industrial
(I2), General Business (B) and Rural Business (RB) Districts. Electronic
message display (EMD) and light-emitting display (LED) signs may also
be permitted, subject to a special use permit to be issued by the
Town of Lewiston Planning Board, together with an electrical permit
issued by the Town of Lewiston, for the following purposes, in any
zoning district.
C.
All applications for EMD/LED signs are subject to approval by the
Code Enforcement Officer.
D.
Message center signs may be included as a part of a permitted freestanding
sign in any commercial district. Where window signs are allowed without
permits, EMD or LED signs smaller than two square feet are allowed.
E.
All EMD/LED signs shall employ only light of constant intensity.
F.
EMD/LED signs shall not be located within 75 feet of any other such
sign.
G.
No EMD/LED shall be so placed as to permit its beams and illumination
to be directed upon a public street, highway, sidewalk or adjacent
premises so as to cause glare or reflection that may constitute a
traffic hazard or nuisance.
H.
The full number of illuminating elements of an EMD/LED shall be kept
in working condition or shall be immediately repaired or replaced.
I.
The illumination levels of the EMD/LED shall comply with the following:
(1)
EMD/LED illumination measurement criteria. The illuminance of
an EMD/LED shall be measured with an illuminance meter set to measure
footcandles accurate to at least two decimals. Illuminance shall be
measured with the EMD/LED off, and again with the EMD/LED displaying
a white image for a full-color-capable EMD/LED or a solid message
for a single-color EMD/LED. All measurements shall be taken as close
as practical to a perpendicular plane of the sign at the distance
determined by the total square footage of the EMD/LED as set forth
in the accompanying Sign Area Versus Measurement Distance table.[1]
[1]
The Sign Area Versus Measurement Distance table is included as an attachment to this chapter.
(2)
EMD/LED illumination limits. The difference between the off
and solid-message measurements using the EMD/LED measurement criteria
shall not exceed 0.3 footcandles at night.
(3)
Dimming capabilities. All permitted EMD/LED shall be equipped
with a sensor or other device that automatically determines the ambient
illumination and programmed to automatically dim according to ambient
light conditions, or that can be adjusted to comply with the 0.3 footcandle
measurements.
(4)
In the event that an EMD/LED sign is not capable of adjusting
its level of illumination, the property owner shall install an external
dimming mechanism, and if that is not possible (hardship, technology,
etc.), based upon proof that the owner shall submit to the Town of
Lewiston Building Department, then the EMD/LED sign shall be considered
to be grandfathered; but if any EMD/LED sign so grandfathered is replaced
or updated, it shall conform to the standards set forth in this section.
J.
The duration time of a message displayed on the EMD/LED shall be
a minimum of 10 seconds. (Duration time is how long a message must
remain fixed in place before it can transition to another message.)
K.
The transition time of the EMD/LED signs should not last more than
one second. (The transition time is how long it takes to go from one
message to the next.)
L.
Message displays will be instantaneous, without scrolling, fading-in,
dropping-in or similar moving copy changes, and moving pictures and
digital movies shall not be displayed.
M.
Special effects or operational modes such as scroll, travel, spinning,
actions or the use of similar transitions and frame effects that have
text, graphics or images that appear to move or change in size, or
be revealed sequentially rather than all at once, are prohibited.
N.
Full animation, flashing or video is prohibited.
O.
All EMD/LED shall have a maximum allowable area of 32 square feet.
