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 the residents of the Town of Hamburg,
these regulations are herein established to provide for the placement,
location, type and size of signs in a sensible manner. As more specifically
set forth herein, the intent of these sign regulations is:
A. To encourage the effective use of signs as a means of identification
and communication;
B. To maintain an aesthetic environment;
C. To strengthen Hamburg's ability to attract sources of economic development
and growth;
D. To prohibit the erection of signs in such numbers, sizes, designs
and/or locations that may create a hazard to pedestrian and vehicular
traffic;
E. To minimize the possible adverse effect of signs on nearby public
and private property;
F. To promote and maintain attractive residential, commercial and industrial
districts by preventing the blighting influence of excessive signage;
G. To provide reasonable, yet appropriate, conditions for identifying
residential developments, institutions, businesses and industrial
establishments;
H. To control the number and size 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.
As used in this article, the following terms shall have the
meanings indicated:
ABANDONED SIGN
A sign which for period of 90 consecutive days has not correctly
exhorted any person or advertised a bona fide business, lessor, owner,
product, event or activity conducted or product available on the premises
where such sign is displayed.
ANIMATED SIGN
Any sign that uses movement or a 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.
BALLOON/INFLATABLE ADVERTISING SIGN
Any inflatable, self-contained membrane which floats above
the ground and possesses an animated shape or character and/or contains
any graphics, images and/or displays messages for the purpose of advertising
a product, activity or event.
BANNER SIGN
Any sign of light fabric or similar material that is intended
to be hung either with or without being mounted to a frame or attached
to a pole or building. National flags, or the official flag of any
institution or business, shall not be considered banners.
BEACON
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same parcel or lot as
the light source; also, any light with one or more beams that rotate
or move, commonly referred to as a search light. These beacons are
to be used temporarily (not to exceed three calendar days in duration)
exclusively for special events, such as grand openings, concerts and
other public assembly venues.
BILLBOARD SIGN
Any sign that attracts attention to an object, product, service,
place activity, institution, organization or business that is not
available or located on the parcel where the sign is located.
CHANGEABLE LETTER SIGN
A sign where the supporting frame or structure is permanent
and only the letters, displays or illustrations are changeable or
temporary.
DIGITAL SIGN
An exterior computer programmable sign capable of displaying
words, symbols, figures or pictures images that can be altered or
rearranged by remote or automatic without altering the face or surface
of the sign. Typically, these signs utilize LEDs (or light-emitting
diodes), plasma or LCD technology to produce the character and graphic
of the display.
FLAG/SAIL SIGN
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, supported by a pole designed
to move in the wind.
FREESTANDING SIGN
Any sign, including a monument sign, supported by structures
or foundation supports that are placed on, or anchored in, the ground
that is independent from any building or other structure. Freestanding
signs would include pole and ground signs.
INCIDENTAL SIGN
A sign, generally informational, such as "no parking," "entrance,"
"loading only," "telephone," and other similar directives. No sign
with a commercial message legible from a position off the lot on which
the sign is located shall be considered incidental.
IDENTIFICATION SIGN
A sign intended to identify the principal use of a lot, building
or building unit.
INSTITUTION SIGN
A sign displaying the name and/or organization occupying
the premises of a public or quasi-public use restricted to churches
or other place of religious worship; fire halls; hospitals; cemeteries;
governmentally owned and/or operated facilities; and private and publicly
operated schools.
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 location off the
premises on which the sign is located shall be considered an instructional
sign.
MONUMENT SIGN
A freestanding sign having a low profile, supported by a
solid masonry, wood (or similar material) constructed base with no
open space beneath the sign but limited to no more than two feet of
open space between the ground and the bottom of the sign face. Such
signs shall be surrounded by landscaping treatment. Commonly referred
to as a "ground sign."
[Amended 10-15-2018 by L.L. No. 7-2018]
NEON SIGN
Any sign or design detail which features exposed glass tubing
filled with fluorescent gas.
NONCOMMERCIAL MESSAGE SIGN
Any sign which provides any message, opinion, or viewpoint,
either political or religious in nature, exercising a person's right
to free speech, belief or expression.
STATIC NUMERIC DISPLAY
A digital sign which singular function is only capable of
displaying numbers and letters in static mode only. These signs are
restricted in operation, limited only to displaying gas/fuel prices
at auto services stations, hotel room rates, time/temperature and
can only operate for that specified purpose.
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/parcel where such sign is located.
PENNANT/STREAMERS
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, or supported by a pole, usually in series, designed to
move in the wind.
POLE SIGN
Any freestanding, elevated sign in which the sign face is
supported by one or multiple vertical structural columns, poles or
posts.
POLITICAL SIGN
A temporary, noncommercial sign advocating action on a public
issue, generally indicating support for a candidate for public office
in advance of an upcoming election.
PROJECTING SIGN
Any sign affixed to a building or wall in such matter 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 though public policy. Public purpose/safety signs include "No Parking
Fire Lane."
RESIDENTIAL IDENTIFICATION SIGN
A sign identifying the name and address of a completed residential
subdivision, a cluster development, or a multifamily development.
ROOF SIGN
Any sign erected and constructed wholly on and over the roof,
gutter, or eave line of a building or structure, and extending vertically
above the highest portion of the roof.
SANDWICH BOARD SIGN
Any sign which consists of two message boards joined together
at the top (usually a hinged connection), commonly referred to as
an "A-frame sign." This type of sign would include any temporary,
two-sided sign supported on a base or any temporary sign which functions
to display a changeable promotional message for a single business
establishment.
SIGN
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 FACE AREA
The entire area within the single, continuous perimeter enclosing
the extreme limits of the written representation, emblem or figure
or similar character, together with any material or color forming
an integral part of the display or used to differentiate such sign
from the background against which it is placed. The supports, uprights
or structures on which a sign is supported shall not be included in
determining the sign area unless such supports, uprights or structures
are designed in such a manner as to form an integral part of the display.
Where a sign has two or more faces, the area of all faces shall be
the area of the sign.
STATIC NUMERIC DISPLAY
A digital sign which singular function is only capable of
displaying numbers and letters in static mode only. These signs are
restricted in operation, limited only to displaying gas/fuel prices
at auto services stations, hotel room rates, and time/temperature
and can only operate for that specified purpose.
TEMPORARY PROMOTIONAL SIGN
A temporary sign of any type (other than a construction,
political, or real estate sign) intended to announce special events,
promotions or sales, including garage and estate sales in residential
districts.
TEMPORARY SIGN
Any nonpermanent 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.
WALL SIGNS
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.
All signs as listed are expressly prohibited and under no circumstances
will qualify for a permit in the Town of Hamburg. The following listed
signs are considered unlawful and will be considered a violation subject
to enforcement action as deemed necessary by the Town. Such signs
include, but are not limited to:
D. Animated or rotating signs, except required public purpose/safety
signs.
F. Banners, pennant, sail/flag, and/or portable signs, except as temporary
signs in accordance with this article.
G. Balloon/inflatable advertising signs.
H. Any sign or part thereof on a vehicle or trailer parked on a public
right-of-way, 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 an 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.
I. 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 works 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.
J. Strings of lights not permanently mounted to a rigid background,
except those exempt under this article.
K. Inflatable signs and tethered balloons.
M. Neon signs outside of fiberoptic signage or any use of neon to outline
or highlight a structure except within storefront windows.
N. Any sign painted on or attached to a fence.
O. Any sign attached or installed on a utility pole (including a light
pole) or affixed to the existing supporting sign structure (pole or
structural support intended for a permitted sign).
P. Any sign attached or suspended from a tree.
The following signs shall be exempt from regulation under this
chapter and as such do not require a permit.
A. Any nonilluminated noncommercial sign placed within the front yard
on an occupied property and not exceeding eight square feet in area
and not exceeding six feet higher than the surrounding grade.
B. Any public notice or warning required by a valid and applicable federal,
state, or local law, regulation, or ordinance.
C. Any sign inside a building, not attached to a window or door, that
is not visible from any exterior perspective.
D. 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.
E. 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.
F. 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.
G. Open/closed business signs which do not exceed two square feet.
H. 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 combustible material, not
to exceed 16 square feet.
I. Signs and markers in cemeteries designating graves and memorials.
J. 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.
M. No-trespassing signs and posted (no hunting, fishing and trapping)
signs, provided that the signs do not exceed two square feet in area
per sign.
N. Street number identification plates.
O. Vacancy/no vacancy signs which do not exceed three square feet.
The following temporary signs are not allowed in a right-of-way,
but are allowed on private property without a sign permit. All temporary
signs not specifically listed in this chapter do require a sign permit.
A. Special event sign: A temporary sign not exceeding 40 square feet
in area is permitted specifically for the advertisement of special
events only on private property locations. Only one such sign is allowed
per lot and cannot be placed within any public right-of-way or obstruct
visibility. A temporary sign permit is required. The temporary sign
permit expires within 45 calendar days and cannot be renewed for another
90 calendar days.
[Added 10-15-2018 by L.L.
No. 7-2018]
B. Construction signs: Signs which identify the architects, engineers,
contractors and other individuals or 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.
C. Political signs: Nonilluminated political signs, which shall not
be located on any public property, shall not be erected more than
30 calendar days prior to the election (or primary event) and must
be removed within five days after the election or primary. Any political
election sign attached to a building shall not exceed eight square
feet in area and shall be attached only to the front wall of the principal
building of an occupied premises. Any detached, freestanding political
election sign shall not exceed eight square feet in area, shall be
erected only in the front setback area of occupied premises and shall
be at least 10 feet from any property line or street line.
D. 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 16 square
feet in commercial and 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 event occurring for
a limited period of time are permitted off-premises provided that
maximum sign area shall not exceed eight square feet and not placed
within on public property or public right-of-way.
E. Business "grand 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 opening signs shall not be displayed for a period no longer
than 30 days.
F. Temporary business/identification signs: These signs shall be authorized
on individual private commercial properties, when, in the judgment
of the Code Enforcement Officer, operation 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 Code Enforcement Officer. In no case shall
a temporary sign exceed a width of three feet and height above ground
level of six feet. With reference to businesses located within shopping
centers, consisting of eight or more businesses/tenants, one sign
directing entrance into the shopping center will be allowed, but an
individual sign for each business within the center will not be allowed.
G. No temporary signs, as allowed under this section, shall be electrified
(i.e., illuminated, etc.).
The following regulations apply to all signage located within
residential districts. These districts include: R-A, R-E, R-1, R-2,
R-3, R-4, PRD and residential portions of PUD. The following nonilluminated
signs are allowed without a permit unless otherwise noted:
A. Noncommercial signs, in accordance with the regulations of this article.
B. Temporary signs, in accordance with the regulations of this article.
Temporary signs located in residential districts shall be no larger
than eight square feet and not exceed four feet in height.
[Amended 10-15-2018 by L.L. No. 7-2018]
C. Nameplate signs for professional occupations not exceeding four square
feet.
D. 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.
E. 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 16 square feet,
one per subdivision entrance, not exceeding six feet in height for
freestanding. Wall signs are not allowed for this type of sign.
F. Residential subdivision identification (permanent): A landscaped,
permanent monument sign no greater than six feet in height, no larger
than 16 square feet, to be approved by the Planning Board, one sign
per subdivision entrance (a permit is required). 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 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 it has been verified, does
not maintain said sign in good repair.
G. Institutional signs: A landscaped, permanent monument sign no greater
than six feet, no larger than 40 square feet, on properties is permitted
on a lot with a minimum of 200 feet of frontage on a public right-of-way.
(A permit is required.)
[Added 10-15-2018 by L.L.
No. 7-2018]
H. Institutional wall sign requirements:
[Added 10-15-2018 by L.L.
No. 7-2018]
(1)
Wall signs shall be attached to or incorporated in the building
wall. Such signs shall have:
(a)
An aggregate area not in excess of 5% of the area of the building
front to which such signs are affixed, not to exceed 50 square feet
in area.
The following regulations apply to business signs in C or M
Districts. These districts include NC, C-1, C-2, C-3, HC, WC, M-1,
M-2, M-3 and commercial signs in PUD. Unless otherwise noted all signs
listed in this chapter require a sign permit.
A. A wall sign is permitted for each establishment on each side of a
building fronting a public street or containing a public entrance,
except on a side facing onto a contiguous R District.
B. Wall sign requirements.
(1)
Wall signs shall be attached to or incorporated in the building
wall. Such signs shall have:
(a)
An aggregate area not in excess of 10% of the area of the building
front to which such signs are affixed, not to exceed 120 square feet
in area.
(b)
A maximum width of 75% of the building wall's horizontal measurement,
except that, where such horizontal measurement is 20 feet or less,
the maximum width may be 90% of such measurement.
(2)
Wall signs shall not:
(a)
Extend more than two feet above top of the parapet or eave of
building.
(b)
Extend more than one foot beyond the wall to which it is attached.
C. Projecting signs. Projecting signs shall not:
(1)
Exceed 20 square feet in area.
(2)
Project into a pubic right-of-way.
(3)
Extend more than five feet from a building wall.
(4)
Extend more than 18 feet above ground level.
(5)
Be less than nine feet above ground level.
D. At the entrance to business establishments above the first floor,
the nameplates of such establishments may be mounted flat at the side
of such entrances, and the size shall not exceed two square feet in
area.
E. A monument sign may be permitted where it has been confirmed that
the following conditions are met:
(1)
The principal building to which said monument sign is accessory
thereto is set back from the street line a distance in excess of 40
feet.
F. Such monument signs shall:
(1)
Be located no closer than 10 feet from the front property line
and be no less than 20 feet from any other property line.
[Amended 8-3-2020 by L.L. No. 3-2020]
(2)
Have a maximum area of 40 square feet.
(3)
Have a height no greater than eight feet measured from the top
of the sign to the highest grade surrounding the sign.
(4) Have
landscaping treatment immediately surrounding the sign subject to
Town review and approval.
[Added 10-15-2018 by L.L.
No. 7-2018]
G. No commercial sign within 100 feet of any R District boundary shall
have a surface area larger than 20 square feet.
H. In community and regional shopping centers, monument signs shall
be permitted at the entrance or entrances to such shopping center
and shall not be larger than 100 square feet of total area or exceed
12 feet in height. Such monument signs shall designate only the name
of the shopping center and may include a theater panel listing current
attractions and advertising of public affairs or public events in
the community.
[Amended 10-15-2018 by L.L. No. 7-2018]
I. Sandwich board signs shall not be greater than nine square feet,
shall not be taller than three feet from the ground to the top of
the sign and shall not be wider than three feet. Only one such sign
shall be allowed per business or enterprise. No such sign shall be
permitted in a public right-of-way area unless the applicant seeking
to display the sign has filed with the Town of Hamburg Code Enforcement
Department an indemnification and hold-harmless agreement in a form
acceptable to the Town. All existing and new sandwich board signs
require an annual license fee to defray the Town's cost to monitor
and regulate their use in accordance with the provisions of this chapter.
The cost of this fee shall be established as deemed appropriate through
approval of Town Board resolution.
J. Institutional
sign: A landscaped, permanent monument sign no greater than eight
feet in height, no larger than 40 square feet, is permitted on a lot
with a minimum of 200 feet of frontage on a public right-of-way.
[Added 10-15-2018 by L.L.
No. 7-2018]
This chapter shall become effective immediately upon its enactment
by the Town Board, after proper filing with the offices of the Department
of State.