Certain words and phrases used in this article shall have the meanings set forth in this section. All other words and phrases are either defined in Article
II of this chapter or shall be given their ordinary meaning in the context of this chapter.
ADVERTISING SIGN, OFF-PREMISES (BILLBOARD)
A sign or sign structure that conveys a commercial or noncommercial
message unrelated to the activity conducted on the lot where the sign
is located or that directs attention to a nonresidential use, commodity,
service or attraction sold, offered or existing elsewhere than on
the same lot where the sign is located.
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.
BANNER SIGN
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or building by a permanent frame at
one or more edges with no enclosing framework. National flags, state
or municipal flags of any institution or nonresidential use shall
not be considered banners.
COMMERCIAL MESSAGE
Any sign wording, logo or other representations that, directly
or indirectly, names, advertises or calls attention to a nonresidential
use, product, service or other commercial activity.
CONSTRUCTION (CONTRACTOR) SIGN
A temporary sign identifying an architect, contractor, subcontractor
and/or material supplier participating in construction on the property
on which the sign is located.
DEVELOPMENT SIGN
A temporary sign used to identify an approved future development.
DIRECTORY SIGN
A sign that provides a listing of the names of nonresidential
uses, activities, addresses, locations, uses or places within a building
or complex of buildings for the purposes of giving directions, instruction
or facility information and that may contain the name and logo of
an establishment but no advertising copy.
FLAG
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity, that is mounted on a pole, cable or rope at one end.
FREESTANDING SIGN
A sign permanently affixed to the ground and that is not
attached to any building.
GOVERNMENT SIGN
Any sign erected and maintained by the Town, county, state
or federal government for traffic direction or for designation of
any school, hospital, historical site or public service, property
or facility.
GRAND OPENING
The introduction, promotion or announcement of a new nonresidential
use, store, shopping center or office, or the announcement, introduction
or promotion of an established nonresidential use changing ownership.
GROUND SIGN
A freestanding sign, rising from a ground foundation and
not over eight feet in height from average ground level to the top
of the sign. The entire bottom of a ground sign is generally in contact
with or close to the ground.
ILLUMINATED SIGN
A sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign.
INCIDENTAL SIGN
An informational or advertising sign directed primarily to
persons on the lot, such as a gas pump sign, credit card sign, pricing
sign placed in a window or on a door, an automated teller machine
sign, vending machine sign, "no parking" sign, "entrance" sign, "loading
area" sign, "telephone" sign or other sign offering similar directives.
INTERNAL ILLUMINATION
A source of illumination entirely within the sign that makes
the contents of the sign visible at night by means of the light being
transmitted through a translucent material but wherein the source
of illumination is not visible.
INTERNAL/INDIRECT ILLUMINATION
A source of illumination entirely within an individual letter,
cabinet or structure which makes the sign visible at night by means
of lighting the background upon which the individual letter is mounted.
The letters are opaque and thus are silhouetted against the background.
The source of illumination is not visible.
LOGO
A graphic symbol representing an activity, use or nonresidential
use. Permitted logos shall be registered trademarks or symbols commonly
used by the applicant and may include graphic designs in addition
to lettering.
MAINTENANCE
The replacing or repairing of a portion of a sign necessitated
by ordinary wear, tear or damage beyond the control of the owner or
the reprinting of existing copy without changing the wording, composition
or color of said copy.
MARQUEE
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.
MULTIPLE TENANT COMMERCIAL BUILDING
A commercial building or development in which there exists
two or more separate commercial activities with appurtenant shared
facilities (e.g., parking), and that is designed to offer a single
area where the public can obtain varied products and services.
NAMEPLATE
A small sign which identifies a resident's or home's
name and address or the name of a farm, ranch or commercial stable.
Such sign may be a shingle, building wall or archway-mounted sign.
NONCONFORMING SIGN
Any sign which is not allowed under this chapter, but which,
when first constructed before this chapter was in effect and for which
a sign permit was issued if required, was legally allowed by the Town.
NONRESIDENTIAL USE
For the purposes of regulating signs, nonresidential use
shall mean any approved nonresidential use, including commercial,
manufacturing and industrial enterprises; public buildings and uses
such as public schools, parks, civic centers, municipal buildings;
and semipublic buildings and uses such as churches, firehouses, ambulance
buildings, private schools and libraries.
NONRESIDENTIAL USE NAME
The name by which a nonresidential use is commonly recognized
and used by the applicant. Slogans or product information shall not
be considered as the nonresidential use name.
OWNER
A person recorded as such on official records. For the purpose
of this chapter, the owner of property on which a sign is located
is presumed to be the owner of the sign in the absence of contrary
recorded evidence.
PANEL
A two-dimensional visual background behind the sign letters
and logos, which is visually separated from the mounting upon which
the sign letters and logos are placed by the presence of a border,
different colors, different materials, or other technique of visual
framing around the letters or logos.
PARAPET
That portion of a building exterior wall projecting above
the plate line of the building.
PENNANT
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.
POLITICAL SIGN
A temporary sign that supports candidates for office or urges
action on any other matter on the ballot of primary, general and special
elections.
PORTABLE SIGN
Any sign not permanently attached to the ground or other
permanent structure, or a 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 nonresidential use.
PROJECTING SIGN
Any sign attached perpendicular to the surface of such building
or wall. Projecting signs shall be considered wall signs for purposes
of maximum sign area limitations.
PUBLIC PROPERTY
Any and all real or personal property over which the Town
or other governmental entity has or may exercise control, whether
or not the government owns the property in fee.
REAL ESTATE SIGN
A temporary sign advertising real estate upon which the sign
is located for rent or sale.
ROOFLINE
The uppermost line of the roof of a building or, in the case
of an extended facade or parapet, the uppermost point of said facade
or parapet.
ROOF SIGN
Any sign mounted on the main roof portion of a building or
on the topmost edge of a parapet wall of a building and which is wholly
or partially supported by such building. Signs mounted on mansard
facades, pent eaves and architectural projections such as canopies
or marquees shall not be considered to be roof signs.
SHINGLE SIGN
A sign suspended from a roof overhang of a covered porch,
walkway or horizontal plane surface that identifies the tenant of
the adjoining space.
SIGN
Any device for visual communication which is used or is intended
to attract the attention of the public with a purpose of identifying
when the display of the device is visible beyond the boundaries of
the public or private property upon which the display is made. The
term "sign" shall not include any flag or badge or insignia of the
United States, State of New York, Sullivan County, the Town of Delaware,
or official historic plaques of any governmental jurisdiction or agency.
SIGN AREA
The area of sign face, 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 otherwise meeting zoning requirements incidental to the display
itself. Sign area for a sign or sign structure with more than one
face shall be computed by adding together the area of all sign faces
visible from any one point.
SIGN HEIGHT
The distance from the base of the sign at normal grade or
the crown of an adjoining street, whichever is higher, to the top
of the highest attached component of the sign.
SPECIAL EVENT
A promotional event, including, but not limited to, grand
openings, bazaars, street fairs, shows, exhibitions, sporting events,
runs, bicycling events, and block parties, but excluding regular sales
occurring on private property where merchandise sold indoors is simply
transferred to outdoors.
TEMPORARY SIGN
Any sign, banner, pennant or valance of advertising display
constructed of cloth, canvas, light fabric, cardboard, plastic, wallboard
or other like materials, with or without frames; or any sign not permanently
attached to the ground, wall or building.
TRAFFIC DIRECTIONAL SIGN
Signs used at driveways and within parking lots to improve
public safety and to enhance access from public streets by assisting
vehicle operators with information on the flow of traffic.
WALL SIGN
Any sign attached parallel to but within six 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, that is
supported by such wall or building, and that displays only one sign
surface.
WINDOW WALL SIGN
Any poster, cutout letters, painted text or graphics, or
other text or visual presentation affixed to or placed behind a window
pane for the purpose of reading from the building exterior.
Name and address signs of residential buildings and developments
shall indicate only the name of the building, the name of the development
in which it is located, the management thereof, and the address of
the premises. The location and arrangement of all building name and
address signs shall be subject to the review and approval of the Building
Inspector.
Off-premises advertising signs may be erected and maintained
only in B-1 Districts along New York State Route 97, New York State
Route 52 and New York State Route 17-B. Applications for such signs
shall be considered conditional uses.
A. Exchange. The erection of an off-premises advertising sign or billboard
shall not be permitted unless an off-premises advertising sign or
billboard of equal or greater size is removed from another location
in the Town. Such exchanges shall only be permitted where both signs
are owned by the same person or firm.
B. Principal use. Off-premises advertising signs and billboards shall
be considered principal uses and not permitted on a lot with any other
principal use.
C. Illumination. Off-premises advertising sign or billboard may be illuminated,
but flashing lights/devices and the movement or optical illusion of
movement of any part of the sign, lighting or sign message shall be
prohibited.
D. Setbacks. Except for front yard requirements, setbacks for principal
structures shall be maintained for off-premises advertising signs.
E. Height of signs. No off-premises advertising sign or billboard shall
project above the maximum height limit for buildings or other structures
for the zone district in which the sign is located.
F. Maximum area of off-premises advertising signs and billboards. The
maximum area for any one off-premises advertising sign or billboard
shall not exceed 150 square feet. No sign structure shall contain
more than one sign per facing.
G. Spacing of off-premises advertising signs. No off-premises advertising
sign shall be permitted within 2,000 feet of another off-premises
advertising sign or billboard, measured in all directions. The separation
distance shall be measured between the closest points of the two signs
in question. Also, no off-premises advertising sign shall be erected
within 200 feet of the public street intersection. The separation
distance shall be measured between the closest point of the proposed
sign and the nearest intersection of the right-of-way lines of the
streets in question.
H. Engineering certification. An application for an off-premises advertising
sign that exceeds 50 square feet in area shall include certification
from a New York State professional engineer or registered architect
that the sign will not present a structural safety hazard.
Any sign lawfully existing or under construction on the effective
date of this chapter that does not conform to one or more of the provisions
of this chapter may be continued in operation and maintained as a
legal nonconforming sign. Normal maintenance of such signs, including
changing of copy, necessary repairs and incidental alterations, that
do not extend or intensify the nonconforming features of the sign
shall be permitted. However, no enlargement or extension shall be
made to a legal nonconforming sign unless it will result in the elimination
of the nonconforming features of the sign. If a legal nonconforming
sign is damaged or destroyed by any means to the extent of 50% or
more of its replacement value at the time, the sign may not be rebuilt
to its original condition and may not continue to be displayed.