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:
To encourage the effective use of signs as a means of identification and communications;
To maintain and enhance the aesthetic environment;
To strengthen Lewiston's ability to attract sources of economic development and growth;
To prohibit the erection of signs in such numbers, sizes, designs and/or locations that may create a hazard to pedestrian and vehicular traffic;
To minimize the possible adverse effect of signs on nearby public and private property;
To promote and maintain attractive, high value residential, commercial and industrial districts by preventing the blighting influence of excessive signage;
To provide reasonable, yet appropriate, conditions for identifying residential developments, institutions, businesses and industrial establishments;
To control the size and location of signs so that signs will be aesthetically harmonious with their surroundings and the design of adjacent buildings;
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;
To allow certain temporary signs in limited circumstances without a requirement for permits;
To promote signs which are designed utilizing clear, crisp lettering and uncomplicated symbols which identify the intended message efficiently; and
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.
- ABANDONED SIGN
- 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.
- ANIMATED SIGN
- Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
- AWNING/CANOPY SIGN
- 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.
- BILLBOARD SIGN
- 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.
- BUILDING MARKER
- 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.
- BUILDING SIGN
- Any sign attached to any part of a building, as contrasted to a freestanding sign.
- CHANGEABLE COPY 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.
- COMMERCIAL MESSAGE
- 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.
- DIRECTIONAL SIGN
- 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.
- FREESTANDING SIGN
- 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.
- IDENTIFICATION SIGN
- A sign intended to identify the principal use of a lot, building or building unit according to the following:
- INCIDENTAL SIGN
- 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.
- INSTRUCTIONAL SIGN
- 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.
- MARQUEE SIGN
- Any sign attached to, in any manner, or made a part of a marquee.
- MEMORIAL SIGN
- 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.
- NEON SIGN
- Any sign or design detail which features exposed glass tubing filled with fluorescent gas.
- NONCONFORMING SIGN
- Any sign that does not conform to the requirements of this regulation.
- OFF-PREMISES SIGN
- 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.
- POLE SIGN
- 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.
- POLITICAL SIGN
- A temporary sign advocating action on a public issue, indicating a candidate for public office, or expressing an opinion or belief.
- PORTABLE SIGN
- 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.
- PRINCIPAL BUILDING
- 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.
- PRIVATE SALE SIGN
- A temporary sign advertising the sale of personal property at house sales, garage sales, rummage sales and the like.
- PROJECTING SIGN
- 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.
- REAL ESTATE SIGN
- A temporary sign which directs attention to the rental, sale or lease of the property on which the sign is located.
- REQUIRED PUBLIC PURPOSE/SAFETY SIGN
- 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."
- RESIDENTIAL SIGN
- 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.
- ROOF SIGN
- 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.
- ROOF SIGN, INTEGRAL
- 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.
- ROTATING SIGN
- 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.
- SIGN, INTERNALLY ILLUMINATED
- Any sign incorporating an electrical light source which illuminates the sign face from within.
- SUSPENDED SIGN
- A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
- TEMPORARY PROMOTIONAL SIGNS
- 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]
- TEMPORARY SIGN
- 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.
- UNIFIED DIRECTORY SIGN
- A wall sign erected to identify each business or tenant located within the building.
- WALL SIGN
- 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.
- WINDOW SIGN
- 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.
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.
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.
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.
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.
No green or red illuminated signs shall be located within 200 feet of a traffic signal light.
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.
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.
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.
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.
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.
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.
Transformers, wires and similar items shall be concealed.
Bright lighting of a roof or building for advertising purposes and "outline lighting" of buildings or roofs shall be prohibited.
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.
Application. An application for a sign permit shall be made to the Building Inspector upon prescribed forms and shall contain the following:
The name, address and telephone number of the applicant.
The location of the building, structure or land to which or upon which the sign is to be erected.
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.
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.
One application and permit may include multiple signs on the same zone lot.
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.
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.
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.):
Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
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.
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.
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.
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.
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:
Marquee or marquee signs.
Animated or rotating signs, except required public purpose/safety signs.
Banners, pennants and/or portable signs, except as temporary signs in accordance with this article.
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.
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.
Strings of lights not permanently mounted to a rigid background, except those exempt under this article.
Inflatable signs and tethered balloons.
Neon signs outside of commercial districts or any use of neon to outline or highlight a structure.
The following signs shall be exempt from regulation under this chapter:
Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.
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.
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.
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.
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.
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.
Open/closed business signs which do not exceed two square feet.
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.
Signs and markers in cemeteries designating graves and memorials.
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.
Historical site markers.
No-trespassing signs and "posted" (no hunting, fishing and trapping) signs.
Street number identification plates.
Vacancy/no vacancy signs which do not exceed three square feet.
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.
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.
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.
Freestanding signs shall not exceed 40 square feet for each panel.
Signs on buildings shall not exceed 100 square feet, and no such sign shall have a vertical dimension of greater than six feet.
Farmer's roadside signs shall not exceed four feet by three feet doubled-sided (12 square feet/side).
The following temporary signs are not allowed in a right-of-way, but are allowed on private property without a sign permit:
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.
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.
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.
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.
Banners, except as a part of a grand opening when affixed exclusively to the face of a building (30 days maximum).
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.
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.
No temporary signs, as allowed under this section, shall be electrified (i.e., illuminated, etc.).
All wiring to freestanding signs shall be underground.
Freestanding signs shall not exceed six feet in height.
There shall be no more than one freestanding sign per zoning lot.
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.
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.
No signs shall be allowed in the public right-of-way, except for the following:
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.
Bus stop signs erected by a public transit company.
Informational signs of a public utility regarding its poles, lines, pipes, or facilities.
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.
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.
In residential districts the following nonilluminated signs are allowed:
Temporary signs, in accordance with the regulations of this article.
Nameplate signs for professional occupations not exceeding four square feet.
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.
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.
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]
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.
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.
All applications for EMD/LED signs are subject to approval by the Code Enforcement Officer.
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.
All EMD/LED signs shall employ only light of constant intensity.
EMD/LED signs shall not be located within 75 feet of any other such sign.
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.
The full number of illuminating elements of an EMD/LED shall be kept in working condition or shall be immediately repaired or replaced.
The illumination levels of the EMD/LED shall comply with the following:
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.
The Sign Area Versus Measurement Distance table is included as an attachment to this chapter.
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.
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.
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.
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.)
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.)
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.
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.
Full animation, flashing or video is prohibited.
All EMD/LED shall have a maximum allowable area of 32 square feet.