[HISTORY: Adopted by the Town Board of the Town of Grand
Island 1-6-2014 by L.L. No. 2-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 125.
Garage sales — See Ch. 165.
Zoning — See Ch. 407.
[1]
Editor's Note: This local law also superseded former Ch. 295,
Signs, adopted 10-15-2012 by L.L. No. 3-2012.
This chapter shall be known and may be cited as the "Town of
Grand Island Sign Law."
Sign regulations, including provisions to control the type,
design, size, location, motion, illumination and maintenance, are
designed to achieve the following purposes:
A.
To protect property values, create a more attractive economic and
business climate and protect the physical appearance of the community
from the effects of inharmonious and out-of-scale signs.
B.
To preserve the scenic and natural beauty of designated areas and
provide a more enjoyable and scenic community.
C.
To reduce signs or advertising distractions or obstructions that
may contribute to traffic accidents.
D.
To provide reasonable, yet appropriate, conditions for advertising
goods sold or services rendered in business districts by regulating
the size, type and design of signs in relation to the type of establishment.
E.
To control signs so that their appearance will be aesthetically harmonious
with the overall design of the area.
F.
To reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way.
G.
To curb the deterioration of natural beauty in the community's
environment.
Words in this chapter are normally used in their ordinary English
usage. Certain terms shall have the meanings that follow hereinafter
set forth, except where the context clearly indicates a different
meaning. The word "shall" is mandatory; the word "may" is permissive;
"should" is to be interpreted as expressing that which is desired
and not specifically required. All words used in the singular include
the plural, and all words used in the present tense include the future
tense.
A.
BUILDING DEPARTMENT
CLERK
CODE ENFORCEMENT OFFICER
COUNTY
ENGINEER
LAW
PERSON
STATE
TOWN
USED or OCCUPIED
ZONING BOARD OF APPEALS
General terms.
The Building Department of the Town of Grand Island, New
York.
The Town Clerk of the Town of Grand Island, New York.
The Code Enforcement Officer of the Town of Grand Island,
New York, including the Building Inspector, Zoning Enforcement Officer,
Town Engineer, their assistants and designates.
Erie County, New York.
The Town Engineer of the Town of Grand Island, New York.
Law, ordinance, rule or regulation of the federal state,
county and Town governments, as appropriate.
Includes a firm, association, organization, partnership,
company or corporation, as well as an individual.
The State of New York.
The Town of Grand Island, Erie County, New York.
Includes the words intended, designed or arranged to be used
or occupied.
The Zoning Board of Appeals ("ZBA") of the Town of Grand
Island, New York.
B.
AWNING
BALLOON
BILLBOARD
BUILDING
(1)
(2)
CLEAR SIGHT TRIANGLE
MULTIPLE DEVELOPMENT
OWNER
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
Specific terms.
A roof-like cover with a solid frame that cannot be retracted,
folded or collapsed, that is designed for protection from weather
or as decorative embellishment, and which projects from a wall over
a window, walkway or door.
An inflatable bag or other inflatable device of any size.
An outdoor advertising sign commonly characterized as a large,
immobile, fixed structure attached to the ground or other structure.
Any improvement having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels; mobile
home; or
Any other structure, including anything constructed, the use
of which requires permanent or temporary location on the ground or
attachment to something having permanent or temporary location on
the ground, including stationary and portable carports, docks, sheds,
boathouses, towers, and structures of a similar nature; also including
swimming pools, both in-ground and aboveground, decks, flagpoles over
20 feet in height and antennas.
Within the triangle formed by two intersecting street line
rights-of-way and a line joining points on such street lines 30 feet
from the intersection, no fence, wall, hedge, or dense foliage shall
be erected, planted, or maintained so as to block the area between
the heights of three feet and 10 feet high.
Four or more offices, commercial or industrial establishments
or enterprises, or combinations of such uses located in a single building;
or one or more such offices, establishments or enterprises or combinations
of such uses located in two or more buildings developed or to be developed
as a part of an integrated development.
Includes, in addition to its usual meaning, a tenant, lessee,
occupant or other user.
A name, identification, description, display, or illustration
which is affixed to or painted or represented directly or indirectly
upon a building, structure or piece of land which directs attention
to an object, product, service, place, activity, person, institution,
organization or business and the supporting members thereto.
SIGN, ADDRESSSee § 295-5D.
SIGN, AWNINGSee § 295-6A(1).
SIGN, BALLOONSee § 295-6D(1).
SIGN, BEACONSee § 295-9C.
SIGN, CANOPYSee § 295-6D(5)
SIGN, CONSTRUCTIONSee § 295-5E.
SIGN, DIRECTORYSee § 295-6D(2).
SIGN, FARM STANDSee § 295-6D(3).
SIGN, FASCIASee § 295-6A(2)
SIGN, FREESTANDING.See § 295-6B.
SIGN, FUEL PUMPSee § 295-5F.
SIGN, GROUNDSee § 295-6B(1)(a).
SIGN, HANGINGSee § 295-5G.
SIGN, INCIDENTALSee § 295-5I.
SIGN, MARQUEESee § 295-6A(3).
SIGN, MENU BOARDSee § 295-5J.
SIGN, ELECTRONIC MESSAGESee § 295-6(C).
SIGN, POLESee § 295-6B(1)(b).
SIGN, POLITICALSee § 295-5K.
SIGN, PROJECTINGSee § 295-6A(4).
SIGN, REAL ESTATESee § 295-5L
SIGN, SIDEWALK.See § 295-5N.
SIGN, TEMPORARYSee § 295-9
SIGN, WALLSee § 295-6A(5).
SIGN, WINDOWSee § 295-5M.
All signs not expressly permitted or exempt from regulation
under this chapter are prohibited in all districts. Such signs include,
but are not limited to:
A.
Signage on motor vehicles that:
B.
A sign designed, intended or used to advertise, inform or attract
the attention of the public as to:
(1)
Goods, products or services which are not sold, manufactured or distributed
on or from the premises on which the sign is located;
(2)
Facilities not located on the premises on which the sign is located;
or
(3)
Activities not conducted on the premises on which the sign is located
(i.e., signs advertising off-site commercial activity), except for
churches, schools, charitable or nonprofit organizations or other
noncommercial activities.
C.
Signs advertising or identifying a business which is no longer operating.
Any sign accessory or incidental to a business shall be removed within
30 days after the business ceases to operate.
D.
Roof signs placed, inscribed or supported upon or above the highest
part of the roofline except such directional devices as may be required
by the FAA.
E.
Signs that create a traffic hazard by obstructing the view at any
street intersection or by design resemblance through color, shape
or other characteristics common to traffic control devices.
G.
Signs in the public right-of-way or on other public property including
light poles, utility poles, and street signs.
H.
Billboards, except for billboards in the cotton district areas along
Interstate 190, to the extent allowed by the New York State Thruway
Authority.
The following signs shall not require a sign permit as described in § 295-12, and their areas shall not contribute to the signage total allowed on a building as regulated by § 295-8A.
A.
Signs not visible from the right-of-way shall not require a sign
permit; however, electrical or other permits may be required.
B.
Signs prohibiting trespassing, provided that a minimum of 50 feet
of separation is provided between signs, and they not exceed two square
feet in area.
C.
Integral, decorative or architectural features of a building, except
letters or trademarks.
E.
Construction sign: any freestanding sign intended to provide information
about current construction on a site and the parties involved in the
project.
(1)
There shall be only one on-premises construction sign indicating
the project name and the names of the architect, engineer, contractor
and participating public and governmental agencies and officials.
(2)
Such sign shall not exceed 32 square feet in area.
(3)
Such sign shall be a maximum of 15 feet in height.
(4)
Such sign shall be located a minimum of 25 feet from the lot line
and 75 feet from any dwelling not within the project.
G.
Hanging sign: a sign that hangs perpendicular to a building wall
and is supported by or attached to the underside of a structure canopy,
covered entrance or walkway, awning or marquee.
H.
Home occupation/professional home office sign or sign for other lawful
business use in residential areas: a sign attached to the wall of
a permitted home occupation or professional home office or other lawful
business use in residential areas.
I.
Incidental sign: a sign that includes information assisting in the
flow of vehicular traffic.
J.
Menu board sign: a permanently mounted sign displaying the bill of
fare for a drive-through or drive-in restaurant.
K.
Political sign: a nonpermanent sign that supports or opposes any
political candidate, political issue, political referendum or political
party.
(1)
Political signs shall be placed only on private property.
(2)
Such signs shall not block any intersection clear sight triangle.
(3)
Such signs, if they apply to an election, shall only be permitted
for 45 days before the election to which they apply and shall be removed
seven days after the election to which they apply, except that signs
for primaries may be retained through the general election.
L.
Real estate sign: a nonpermanent sign that advertises the sale or
lease of the premises on which it is located.
(1)
Such sign shall not be illuminated.
(2)
Such sign shall be removed within 15 days after property closing
or lease signing.
(3)
Such sign shall not exceed eight square feet in area in residential
districts, nor seven feet in height.
(4)
Such sign shall not exceed 32 square feet in area in nonresidential
districts.
(5)
One additional real estate sign shall be allowed on a site abutting
more than one roadway.
M.
Window sign: a nonpermanent, nonstructural sign affixed to the interior
of a window or door or any other sign inside the building containing
a message legible from the public right-of-way or adjacent property
clearly intended for public recognition outside the building.
N.
Sidewalk sign: a commercial, nonpermanent sign that will not exceed
12 square feet per face and which is not illuminated. Sidewalk signs
relate to a principal use or activity.
Upon issuance of a sign permit in accordance with this chapter, § 295-12, Sign permits, and subject to the limitations on maximum area of all signs, the following signs are permitted in accordance with the following requirements and limitations:
A.
Building signs, including awning signs, fascia signs, marquee signs,
projecting signs and wall signs.
(1)
Awning sign: a sign painted on, attached to or otherwise displayed
on an awning. This sign type does not include canopies over gas pumps.
(a)
No such signs shall exceed 20% of the area of each awning.
(2)
Fascia sign: a sign attached to the soffit or under the fascia of
a building.
(3)
Marquee sign. A marquee is a permanent roof-like structure that projects
from the wall of a building and may overhang the public way. A marquee
sign is attached to the face of a marquee and does not project above
or beyond sides or beneath said marquee face.
(a)
No more than one marquee sign shall be permitted for each building
frontage that includes an entrance serving the general public.
(b)
Such sign shall not extend beyond the top or sides of the marquee.
(c)
Such sign shall not be oriented toward any residential district.
(d)
Such signs shall not project into any adjacent right-of-way,
unless approved by the appropriate federal, state, county, or local
highway official.
(e)
The bottom of such signs shall be a minimum of eight feet above
the walkway.
(4)
Projecting sign: a sign attached perpendicular to a building or other
structure. This definition shall not include hanging signs.
(a)
Only one projecting sign is permitted per building frontage
with an entrance available to the general public.
(b)
Such sign shall not exceed 18 square feet in area nor project
more than three feet from the building.
(c)
Such signs shall not project into any adjacent right-of-way,
unless approved by the appropriate federal, state, county, or local
highway official.
(d)
The bottom of such signs shall be a minimum of eight feet above
the walkway.
(5)
Wall sign: a sign integral with or attached to and supported by the
exterior wall of a building.
(a)
A wall sign shall not project above or beyond the ends of the
building or its parapet or the highest point of the roof, whichever
is higher.
(b)
Such sign shall not project more than 12 inches from the exterior
supporting wall.
(c)
On a multioccupancy building, each occupant may have a separate
wall sign. Corner tenants shall be allowed one additional wall sign
on a second face.
(d)
Such sign shall have a maximum area in accordance with the provisions
of this chapter.
B.
Freestanding signs.
(1)
Freestanding signs include ground signs and pole signs defined as
follows:
(a)
Ground sign: a sign, the face of which is located upon or within
three feet above ground level and on a separate permanent foundation,
and not attached to any building. Ground signs shall be no higher
than eight feet above the average finished grade. The total face area
of any ground sign shall not exceed 100 square feet.
(b)
Pole sign: a sign that is mounted on one or more permanent supports
so that the bottom edge of the sign face is greater than three feet
above ground level. Pole signs shall be no higher than 20 feet above
the average finished grade. The total face area of any pole sign shall
not exceed 60 square feet.
C.
Electronic message sign.
(1)
An electronic message sign is a sign that contains an illuminated,
programmable message or graphic, whether fixed or moving.
(a)
Up to 50% of the face area of any sign may be comprised of an
electronic message sign.
(b)
The face area of any electronic message sign shall not increase
the total allowable face area of any sign.
(c)
Electronic message signs are not permitted outside of business
districts, except with a variance, and must be 50 feet from any residential
lot.
(d)
The brightness levels of the electronic message sign shall at
any part of any roadway not exceed as follows: a daytime level of
not greater than 5,000 nits and a nighttime level of not greater than
150 nits. "Nighttime" is defined as the time from 1/2 hour after sunset
to 1/2 hour before sunrise.
(e)
In determining the brightness levels, surface luminosity measurements
will be made directly with a calibrated luminance meter, following
the instrument manufacturer's instructions. Readings will be
taken from the area (generally of roadway) where the sign in question
will be visible from and which is closest to being directly in front
of the sign (where the luminosity output is most focused).
D.
Miscellaneous signs, including balloon signs, directory signs, farm
stand signs, subdivision identification signs and canopy signage.
(1)
Balloon sign: a balloon greater than 36 inches in diameter, such
as inflatable statuary, or a hot air balloon, that attracts attention
to an object, product, service, place, activity, institution, organization
or business.
(b)
No balloon sign greater than 36 inches in diameter and less
than 10 feet in diameter shall be permitted to be erected within 100
feet from any other existing balloon sign, except in a Vehicle Sales
Overlay District.
(c)
No balloon sign greater than 10 feet in diameter shall be permitted
to be erected within 100 feet from any other existing balloon sign
or 250 feet from any side or rear lot line, except in a Vehicle Sales
Overlay District.
(d)
The height of a balloon sign shall not exceed 55 feet above
grade.
(e)
Balloon signs shall be allowed only on private property. Only
one balloon sign shall be permitted per building or tenant space,
except in a Vehicle Sales Overlay District.
(f)
Balloon signs shall be placed so as not to impede the vision,
movement and safety of pedestrian and vehicular traffic.
(g)
Balloon signs shall be properly secured to the ground or a structure
to withstand extreme wind conditions, and shall be kept in good condition
at all times.
(2)
Directory sign: a sign or group of signs, not to exceed 16 square
feet in the aggregate, attached to a building or freestanding, which
identifies or directs traffic to the business, owner, address, or
occupation of a group of businesses. Only one directory sign shall
be permitted at each entrance to the property, and one additional
directional sign elsewhere on the premises.
(3)
Farm stand sign: A nonpermanent sign used in connection with a roadside
stand to advertise the sale of produce on farms may be permitted,
provided that the produce being sold is produced on the farm or by
the occupant of the farm. The sign face area shall not exceed 32 square
feet. The sign shall be removed when the roadside stand is not in
use.
(4)
Subdivision identification sign: a nonilluminated sign indicating
the name of the subdivision or residential development.
(a)
All subdivision identification signs shall be maintained in
good repair by a homeowners' association or by the individual
or business entity that received the permit for such sign or the property
owners within the subdivision.
(b)
Subdivision identification signs may be permitted on each side
of a subdivision or residential development entryway or an island
that appears on a filed map cover or approved site plan for said development.
Such signs shall not exceed 32 square feet in area and six feet in
height and shall be located a minimum of 25 feet from any lot line.
(5)
Canopy signage: a sign along the edge or gable end of a canopy which
does not extend above said canopy, displaying the company name and/or
logo for the vendor or product being advertised which shall not exceed
40 square feet, facing each street. This signage is not part of the
total sign allowance for a site.
A.
Any illuminated sign or lighting device shall employ only lights
emitting a light of constant intensity, and no sign shall be illuminated
by or contain flashing, intermittent, rotating or moving light or
lights, except:
(1)
In connection with announcement of a new business located on the
same premises as the illuminated sign, or in connection with a public
service announcement, in which event such sign shall be permitted
to be displayed for a period not to exceed 30 days.
B.
In no event shall any illuminated sign or lighting device be placed
so 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.
C.
The full number of illuminating elements of a sign shall be kept
in working condition or immediately repaired or replaced.
The following principles shall control the computation of sign
area and sign height:
A.
Computation of area of individual sign.
(1)
The area of a sign face shall be computed as the area of the smallest
square, circle, rectangle, or triangle that will encompass the extreme
limits of the writing, representation, emblem, or other display, together
with any material or color determined by the Code Enforcement Officer
to form 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. The supporting structure or bracing of a sign shall
be omitted in measuring the area of the sign unless such structure
or bracing is made part of the message or face of the sign.
(2)
Where a sign consists of individual letters, words, or symbols attached
to a surface, building, canopy, awning, or wall, the sign area shall
be the area of the smallest rectangle which completely encompasses
all such letters, words or symbols and any accompanying background
of a color different than the color of the wall.
(3)
A permitted public and civic use located in a residential district
shall be allowed a maximum of 32 square feet of sign area. A maximum
of 20 square feet of sign area may be used for a ground sign, building
sign or combination of the two. Such signs shall be located a minimum
of 25 feet from any lot line.
B.
Computation of area of multifaced signs. The sign area for a sign
with more than one face shall be computed by adding together the area
of all sign faces visible from any one point. When two identical sign
faces are placed back to back or at an angle of less than 45 degrees
and when such sign faces are part of the same sign structure, the
sign area shall be computed by the measurement of one of the faces.
C.
Computation of height. The height of a sign shall be computed as
the mean distance from the base(s) of the sign at finished grade to
the top of the highest component of the sign, including its surrounding
or supporting structures. Finished grade shall be construed to be
the newly established grade after construction, exclusive of any filling,
berming, mounding, or excavating solely for the purpose of locating
the sign.
D.
Lots fronting on two or more streets are allowed to calculate all
street frontages into the allowable allocation.
E.
Gas station signage. At each location where motor vehicle fuels are
sold at retail, up to 32 square feet of additional face area, limited
to advertising the brand name and price of the fuel, shall be permitted.
This area may be used for a separate freestanding sign or as an addition
to the face area of a freestanding sign otherwise permitted. However,
in no event shall more than 16 square feet of this allowed area be
displayed or added to any single sign face area.
F.
The maximum
area of all signs on a building, excluding those that do not require
a permit, may not exceed two square feet for each linear foot of building
frontage occupied by the business or commercial enterprise, but such
signage may not exceed 50 square feet. Buildings set back more than
the minimum required front yard may increase the square footage of
said signs by one square foot for each two feet of additional setback,
but said signage shall not exceed 250 square feet. Lots fronting
on more than one street are allowed to increase their amount of signage
by applying the aforementioned criteria to determine the amount of
signage facing each street.
[Added 5-2-2016 by L.L.
No. 4-2016]
A.
All signs not regulated elsewhere in this chapter are considered
temporary.
B.
Exterior portable or temporary signs limited to a maximum sign area of 32 square feet per face may be erected, used or maintained only after obtaining a temporary sign permit in accordance with § 295-12. A temporary sign permit may be issued for the following purposes only:
(1)
Limited activities in connection with the principal use or activity
on the premises up to four times per year, and for a period not exceeding
30 days per permit.
(2)
Business enterprises which have lost the use of an existing sign
by reason of fire or other catastrophe, or to replace a conforming
or legally nonconforming sign during construction activities related
to public improvements that has been removed in order to improve the
public right-of-way, the time limitation of which shall be established
by the Code Enforcement Officer.
(3)
To advertise events for churches, schools, charitable and nonprofit
organizations (collectively "noncommercial events"), up to four times
a year, and for a period not exceeding 30 days per permit.
C.
Beacon signs may be erected, used, or maintained for a period not exceeding three days only after obtaining a temporary sign permit in accordance with § 295-12. A temporary sign permit for a beacon sign shall be issued only once per year.
D.
Banners, posters, pennants, ribbons, streamers, spinners or other
similar moving, fluttering or revolving devices for limited activities
in connection with principal use or activity on the premises.
Every sign shall at all times be in a safe and structurally
sound condition and maintained by replacement of defective or worn
parts, painting, repainting and cleaning. The Code Enforcement Officer
shall require compliance with all standards of this chapter. If the
sign does not comply with adequate safety standards, it shall be removed.
A.
Abandoned signs. Except as otherwise provided in this chapter, any
sign which is located on property which becomes vacant and unoccupied
for a period of three consecutive months or more, or any sign which
pertains to a time, event or purpose which no longer applies, shall
be deemed to have been abandoned. Permanent signs applicable to a
business temporarily suspended because of a change of ownership or
management of such business shall not be deemed abandoned unless the
property remains vacant for a period of six months or more. An abandoned
sign is prohibited and shall be removed by the owner of the sign or
owner of the premises. Failure to remove an abandoned sign shall be
a violation of this chapter.
B.
Dangerous or hazardous signs.
(1)
No person shall maintain or permit to be maintained on any premises
owned, occupied or controlled by such person any sign which is either
not structurally sound or creates an electrical hazard. Any such sign
shall be removed or repaired by the owner or user of the sign or the
owner of the premises.
(2)
Overhead wires or exposed wires on a sign or its supporting members
are prohibited.
(3)
No sign shall create a sight line hazard for traffic on public or
private streets.
C.
Unlawful signs. No person shall erect on any premises owned or controlled
by such person or use any sign which does not comply with the provisions
of this chapter.
D.
Street improvement projects. Any sign projecting over a public right-of-way
which was subject to removal or relocation at the owner's expense,
pursuant to a permit or other ordinance of the Town, shall be removed
by the owner or altered at the owner's expense to comply with
the regulation of this chapter if, as the result of or after completion
of a street improvement project, the sign does not or would not comply
with the provisions of this chapter.
No sign permitted pursuant to a sign permit, or any sign legally
erected and existing prior to the effective date of this chapter,
shall be altered, rebuilt or modified unless it conforms to the requirements
hereof and a new sign permit is issued.
A.
Applicability.
B.
Permit required for signs. Except as otherwise provided in § 295-5, no sign may be erected, moved, enlarged, or altered except in accordance with and pursuant to a sign permit. A sign permit shall not be issued unless the plans and information submitted demonstrate that the sign will comply with all applicable requirements of this chapter. An application for a sign permit shall be submitted in accordance with Subsection C.
C.
Application requirements. The following requirements shall apply
to all applications for sign permits.
(1)
Who may submit applications:
(a)
All applications shall be reviewed by the Code Enforcement Officer
prior to filing with the Town Clerk. The Town Clerk shall receive
payment of the required fees.
(b)
Applications shall only be accepted from persons having the
legal authority to submit such applications. In general, applications
shall be made by the owners or lessees of property, or persons who
have contracted to purchase property contingent upon their ability
to acquire the necessary approval under this chapter. If a sign company
submits an application, it shall not be processed without written
authorization from a person having legal authority under this section.
(c)
The Code Enforcement Officer may require a petitioner to present
additional evidence of authority to submit the application.
(4)
Acceptance of applications for review.
(a)
An application will be accepted for review when it contains
all information necessary to determine whether or not the sign as
proposed will comply with all of the requirements of this chapter,
as determined by the Code Enforcement Officer.
(b)
The presumption is that all of the information required in the
Town's application forms is necessary to satisfy the requirements
of this section. However, it is recognized that each application is
unique, and therefore more information may be required according to
the needs of the particular case. The petitioner shall comply with
the Code Enforcement Officer's request for more information.
(c)
An application not considered complete within six months after
the initial date of submittal shall be considered null and void.
D.
Action by the Code Enforcement Officer.
(1)
The Code Enforcement Officer shall review each application for a
sign permit for conformity with this chapter and act to approve, approve
with conditions, or deny the permit.
(2)
The Code Enforcement Officer may grant approval with conditions only
to the extent that such conditions specify actions necessary to bring
the application into complete compliance with this chapter.
E.
Period of validity. Any permit issued for the erection of a sign
shall become null and void if sign installation is not completed within
six months after the date of approval.
F.
Permits for temporary signs. Permits for temporary signs shall be permitted in accordance with § 295-9. There shall be no fee for churches, schools, charitable or nonprofit organizations and individuals applying for personal message signs.
G.
Revocation of permit; maintenance of signs:
(1)
If at any time the Code Enforcement Officer finds that a sign is
not in good repair or does not comply with the sign permit issued
or with the provisions of this chapter, the Code Enforcement Officer
shall order the owner or lessee of the premises upon which it is located,
the owner and the user of the sign and the holder of the sign permit
to repair it or bring it into compliance with the use permit, as the
case may be, or remove the sign at the direction of the Code Enforcement
Officer.
(2)
Such order shall be written and served personally or by mail and
directed to the last known address of the owner, lessee, user or holder.
Failure to comply with such an order shall constitute a violation
of this chapter.
H.
Illegal signs. Illegal or noncompliant signs shall be removed at
the direction of the Code Enforcement Officer, where appropriate.
I.
Implementation of this chapter. The purpose of this Sign Code is
to set out the maximum allowable signage. Nothing in this code shall
be read as creating an as-of-right permission to place signage for
any sign requiring approval as part of a site plan, subdivision, special
use permit, or other discretionary review. The Town Board may limit
signage in such cases as is appropriate, in the sole discretion of
the Town Board, to carry out the goals of the comprehensive plan,
preserve neighborhood aesthetics, and protect the health and safety
of the community.
No sign may be placed in the right-of-way, except traffic and
incidental signs, as well as subdivision identification signs that
have been approved on a filed map cover or site plan and comply with
295-6G(4). Traffic and incidental signs include any required public
purpose/safety sign, meaning a sign 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 services as determined by the
rules and regulations of governmental agencies or through public policy.
Public purpose/safety signs include "No Parking Fire Lane." Signs
installed in violation of this subsection may be removed by a code
enforcement official or designee.
Any person aggrieved by any decision of the Code Enforcement Officer relative to the provisions of this chapter may appeal such decision to the Zoning Board of Appeals within 60 days as provided in Chapter 407, Zoning, and shall comply with all procedural requirements prescribed by such Zoning Board of Appeals.
A.
Any person owning, controlling, or managing any building, structure,
or land who constructs or places a sign in violation of this chapter
or in noncompliance with the terms and conditions of any permit issued
pursuant to this chapter, or any order of the Code Enforcement Officer,
and any person who shall assist in so doing, shall be guilty of an
offense and subject to a fine of not more than $350 or to imprisonment
for a period of not more than 15 days, or subject to both such fine
and imprisonment for a first offense; for a second offense (both within
a period of five years), a fine not less than $350 nor more than $700
or imprisonment not to exceed six months, or both; and for a third
or more offenses (all of which occurred within five years), a fine
not less than $700 nor more than $1,000 or imprisonment not to exceed
six months, or both. Every such person shall be deemed guilty of a
separate offense for each week such violation shall continue. The
Town may institute a civil proceeding to collect civil penalties in
the amounts set forth herein for each violation and each week said
violation continues shall be deemed a separate violation.
B.
In case of any violation or threatened violation of any of the provisions
of this chapter, including the terms and conditions imposed by any
permit issued pursuant to this chapter, in addition to other remedies
and penalties herein provided, the Town may institute any appropriate
action or proceeding to prevent such unlawful erection, structural
alteration, reconstruction, moving, and/or use, and to restrain, correct,
or abate such violation to prevent the illegal act.
This chapter is intended to regulate all premises signs currently
existing or yet to come into existence, which are to be located within
the Town of Grand Island, New York.
This chapter is adopted under the grant of power as set forth
in the Municipal Home Rule Law and Article 16 of the New York State
Town Law.
Where this chapter differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the Town, state or federal government, this chapter shall apply,
except where this chapter expressly provides otherwise.
The provisions of this chapter shall apply to all land within
the Town of Grand Island.
