A.
Purpose. The purposes of this section are to regulate and control
the location, size, type and design of existing and proposed signs
in order to:
(1)
Enhance and protect the Town's physical appearance and provide
a more scenic and pleasing presentation that will augment the architectural
theme of the community.
(2)
Encourage the most effective and functional use of signs as directional,
informational and advertising devices.
(3)
Eliminate existing and prevent the erection of new signs that cause
distraction or obstructions that create hazards to traffic safety.
(4)
Prevent dangers to public safety from improperly constructed or located
signs.
(5)
Protect property values and create a more attractive economic and
business climate.
B.
Signs requiring a permit. Permitting a sign does not imply that the
underlying use is permitted.
(1)
Permanent signs. Except as otherwise provided herein, no permanent
sign or other advertising device shall be erected, constructed, displayed,
moved, reconstructed, extended, enlarged or altered except in conformity
with this article and, where applicable, without first obtaining a
permit from the Zoning Administrator's office prior to its erection,
construction or alteration in accordance with the procedures and standards
of this article.
(2)
Temporary signs. Temporary nonilluminated signs such as banners,
portable signs, promotional signs and other signs of a similar nature
are also subject to the permitting requirements of this article, and
shall be permitted on the premises for a consecutive period of 30
days, not to exceed a total of 90 days per calendar year.
(3)
Promotional devices. Devices that are temporarily located on the
properties for the purposes of advertising or promotion such as inflatables,
barrage balloons, search lights, etc., are not permitted.
C.
Signs and processes not requiring a permit. Provided that such use
is otherwise permitted by the zoning ordinances, the following do
not require a sign permit, but must conform to the regulations for
their district:
(1)
Memorial or historical signs, names of buildings and dates of erection
when cut or cast into any masonry, bronze, stainless steel or similar
permanent material.
(2)
Traffic or other municipal signs.
(3)
Legal notices or such temporary emergency or nonadvertising signs
as may be authorized by the Town Board.
(4)
One sign per lot advertising the sale, lease or rental of the premises
upon which the sign is located. The sign shall not exceed six square
feet in area in residential and hamlet zones or 20 square feet in
area in commercial zones. A freestanding real estate sign shall not
be nearer than 15 feet to any street line.
(5)
A contractor's, engineer's or architect's sign not
exceeding 20 square feet in area when displayed on the premises under
construction in any district.
(6)
A farm product sign advertising the sale of farm products, provided
that:
(7)
Name and number signs identifying the occupants of a lot, when they
do not exceed two square feet in area.
(8)
Nonilluminated signs or bulletin boards customarily incidental to
places of worship, libraries or museums erected on the premises for
the purpose of displaying temporary public information notices, not
exceeding 20 square feet in area.
(9)
Routine repair and maintenance of signs.
(10)
Signs identifying real estate, multi-residential or residential
subdivision developments not to exceed 20 square feet in area, and
which shall advertise only the name of the development where such
sign is located.
(11)
Nonilluminated window and door signs not occupying more than
25% of the window or door that they occupy.
(12)
Motor vehicle service facility signs displaying price, not exceeding
two square feet in area and limited to one such sign mounted on each
gas pump.
(13)
Signs directing motorists or pedestrians on a site shall be
allowed, provided that each sign shall not exceed four square feet
in area and shall include only directional information.
(14)
Garage/yard sale signs, provided that such events do not take
place more than four times annually. Signs must be less than six square
feet in area, and cannot be erected more than seven days prior to
the event and must be removed within 24 hours after the conclusion
of the event.
(16)
Signs advertising events or activities of certified nonprofit
local organizations, provided that each sign is less than four square
feet.
D.
General standards and regulations.
(1)
General standards. No sign, whether new or existing, shall hereafter
be erected, altered or changed except in conformity with the provisions
of this article. Signs must be maintained in a neat, clean manner
and kept free of all hazards, such as but not limited to faulty wiring,
loose fastenings and rusted or rotted standards, and must be maintained
at all times in such safe conditions so as not to be detrimental to
the public health or safety.
(2)
Regulations for all districts.
(a)
Illuminated signs.
[1]
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 a flashing, intermittent or moving light or lights.
[2]
No exposed neon tubing is permitted.
[3]
Exterior above illumination by cutoff fixtures is preferred
over internal illumination.
[4]
No illuminated sign or lighting device directed on signs shall
be so placed or directed as to permit the beams and illumination to
be directed upon or beamed upon a public street, highway, sidewalk
or adjacent premises so as to cause glare or reflection that may constitute
a traffic hazard or nuisance. Light levels are not to exceed the IESNA
Lighting Handbook design criteria.
[5]
No sign shall be illuminated between the hours of 11:00 p.m.
and 6:00 a.m. unless the lot on which the sign is located contains
a commercial use and that use is open for business.
(b)
Roof signs are prohibited.
(c)
Moving and revolving signs are prohibited.
(d)
Signs containing commercial messages or information or signs
intended for the advertisement of goods or services of a commercial
establishment shall pertain to a use that is conducted on the same
property on which they are located.
(e)
No sign shall be located so as to obscure any signs displayed
by a public agency nor shall any sign be placed in such a way as to
obstruct proper sight distance or otherwise interfere with pedestrian
or traffic flow.
(f)
No sign shall overhang onto an adjacent property or right-of-way.
(g)
The location of freestanding signs and wall signs which require
a sign permit shall be determined by the Town Planning Board during
the site plan review process, when site plan review is required, otherwise
it shall be determined by the Architectural Review Board (ARB) during
the application process.
(h)
Advertising billboards are prohibited.
(i)
Wall signs shall not be located above second-story windowsills.
(j)
No pennants, balloons, ribbons, streamers, spinners or other
similar moving, fluttering or revolving devices shall be allowed.
Holiday decorations, American flags, patriotic bunting, etc., are
not subject to these restrictions.
(k)
No sign shall be attached to any street/traffic sign, tree or
utility pole or be painted upon or otherwise directly affixed to any
rock, ledge or other natural feature.
(3)
Standard design criteria.
(a)
Freestanding signs.
[1]
Internally illuminated freestanding signs are prohibited in
all districts.
[2]
Freestanding signs shall not exceed a height of seven feet from
finished grade and shall be constructed of wood or other materials
that simulate a wood-like surface.
[3]
Freestanding signs shall be set back from any property line
a minimum of 10 feet and from any preexisting freestanding sign a
minimum of 60 feet. If the building is closer than 20 feet to the
road, then the use of a freestanding sign is prohibited.
[4]
The maximum number of items of information on each sign shall
be 10. An "item of information" is defined as a name of occupant or
business, word, an abbreviation, a numeral, a symbol, or a geometric
shape. In addition, graphics combining several different shapes are
assessed one additional item for each noncontinuous plane. In computing
items of information, the following are not to be included:
(b)
Wall signs.
[1]
Wall signs are restricted to one signable area per front facade
per occupant.
[2]
Buildings closer than 20 feet to the road must use a top-lit
wall-mounted sign that is perpendicular to the building and road.
[3]
The use of light boxes is prohibited. Wall signs that are attached
flat to the facade of a building may be constructed of individual
internally lit or back-lit letters, or be a top-lit quarter-board-style
sign.
(c)
All signs in a complex or building must be uniform in style,
color, shape and lettering. The initial design of the signs is to
be determined at the time of the site plan process or by the first
applicant.
(d)
All signs shall have dark background colors and light letters
in order to minimize the apparent size of signs within the streetscape.
[1]
Suitable color choices can be found amongst the Benjamin Moore
Historical Color Collection and are referenced below:
[a]
Background: Middlebury Brown (HC-68), Hale Navy
(HC-154), Yorktowne Green (HC-133), Van Deusen Blue (HC-156), Garrison
Red (HC-66), or Lafayette Green (HC-135).
[b]
Lettering: Philadelphia Cream (HC-30), Bleeker
Beige (HC-80), Coventry Gray (HC-169), Hepplewhite Ivory (HC-36),
Edgecomb Gray (HC-173), Monroe Bisque (HC-26), Monterey White (HC-27),
Revere Pewter (HC-172), Powell Buff (HC-35) or gold leaf.
[2]
Comparable choices from other manufacturers may be acceptable.
[3]
With the use of internally or back-lit letters, in wall signs,
the lettering is to conform to the above background colors, and the
area behind the letters should conform to the above lettering choices.
(e)
No sign attached perpendicular to a building shall project more
than six feet from the building, nor have less than eight feet vertical
clearance from any walkway or finished grade below.
(f)
All permanent and temporary signs requiring a permit shall have
painted in a conspicuous place thereon, in legible letters and numbers,
the permit number and date of issue.
(4)
Sign measurements. All signs will be measured in accordance with
the following criteria:
(a)
Sign measurement shall be based on the entire area of the sign,
with a single continuous perimeter enclosing the extreme limits of
the actual sign surface.
(b)
For a sign applied to a building, the area shall be considered
to include all lettering, wording and accompanying designs or symbols,
together with any background of a different color than the natural
color or finish material of the building.
(c)
For a sign consisting of individual letters or symbols attached
to or painted on a surface, building, wall or window, the area shall
be considered to be that of the smallest rectangle or other shape
which encompasses all the letters and symbols.
(d)
Essential supporting framework (brackets, posts and standards)
shall not be included in sign area calculations. However, illuminated
embellishments on such essential supporting framework will be counted
in area calculations.
(e)
For signs with two faces or sides, the area shall be taken as
the area of either face, provided that the faces are either back-to-back
or attached along at least one side and the angle of that attachment
does not exceed 30°. When faces are not back-to-back or are attached
at an angle exceeding 30°, each face shall be measured individually.
(f)
No sign shall have more than two faces.
(5)
Temporary signs.
(a)
Temporary signs shall be nonilluminated.
(b)
No more than two banners or one freestanding sign shall be displayed
on one lot at any given time.
(c)
Temporary signs shall not be attached to street/traffic signs,
fences, trees, utility poles, light poles or the like, and such signs
shall not be placed in a position that will obstruct or impair vision
or traffic or in any manner create a hazard to the health, welfare
and safety of the general public.
(d)
Fluttering devices such as streamers, pennants and balloons
are prohibited as temporary signage.
(e)
Temporary banners shall not exceed 60 square feet in area. Temporary
freestanding signs shall not exceed 40 square feet in area.
(f)
In addition to the above, temporary signs shall be governed
by applicable portions of the sign regulations for all districts,
as well as the standard design criteria for signs.
E.
Permitted signs by district. Regulations for individual districts shall be considered in addition to the general standards and regulations for all districts as specified above under Subsection D, above.
(1)
Residential districts (R-45, R-90, R-135, R-MH, SC and HR).
(a)
Illuminated signs are prohibited, except as may be secondary
to exterior lighting of the property.
(b)
One identification sign stating the name and address of the
resident, property or permitted accessory use, not exceeding two square
feet in area, is allowed.
(c)
For home occupations with a special use permit, a single identity
sign not exceeding two square feet in area and identifying the occupation
conducted on the premises is allowed.
(d)
A single two-sided sign, identifying a religious or institutional
use, not exceeding 25 square feet in area per side, is allowed.
(e)
Unless attached to the principal structure, no sign shall be
located closer than 15 feet to the front property line, nor 20 feet
to any other property line. No sign shall exceed a height of eight
feet above finished grade.
(2)
Hamlets (PH and BH).
[Amended 12-2-2015 by L.L. No. 5-2015]
(a)
Internally illuminated signs of any type are prohibited.
(b)
One freestanding sign is permitted per lot, not to exceed 10
square feet in area, where the building is set back a minimum of 15
feet from the street line.
(c)
For signs attached to buildings, one wall-mounted sign shall
be permitted per business, not to exceed 12 square feet in area. When
there is no wall-mounted sign, one hanging sign is permitted per business,
not to exceed 12 square feet in area.
(d)
All signs shall be made of wood and must be stained or painted a dark-colored background with carved light-colored lettering as per acceptable color choices in Subsection D(3)(d) above.
(e)
All signs will have traditional shapes and fonts.
(3)
Commercial districts (C-1, C-2, TC).
(a)
If two or more businesses have a canopy along the face of a
building, each business is permitted one sign not to exceed two square
feet in area. This sign shall hang under the canopy, perpendicular
to the face of the building.
(b)
Only one freestanding sign, with an area not to exceed 50 square
feet, is permitted per lot.
(c)
For signs attached to buildings, one sign is allowed per business,
or occupant, affixed flat against or perpendicular to the face of
the building, with an area not greater than 10% (25% for motor vehicle
service facilities) of that portion of the building front face attributable
to that business, up to a maximum of 50 square feet in area.
(d)
Iconic signs, such as barber poles, eyeglasses, etc., which
are traditional in appearance and size, shall be permitted. These
signs shall not protrude more than four feet from the building face
nor occupy a space greater than 15 square feet in area when viewed
from any angle.
(4)
Mixed Commercial - Light Industrial District (C-3).
(a)
One freestanding sign, with an area not to exceed 50 square
feet, is permitted per lot.
(b)
For signs attached to buildings, when there is one business
per lot, one sign per lot painted on or affixed flat against the front
of any building, which shall not exceed an area of 25% of the face
of the building, up to a maximum sign size of 100 square feet (50
square feet for motor vehicle service facilities) in area, is allowed.
When there are two or more businesses per lot, each business shall
be permitted one wall sign not exceeding 24 square feet, or the lot
may have one wall sign not to exceed 100 square feet in area.
F.
Permitting process.
(1)
Application.
(a)
Application for a permit shall be made in writing upon sign
permit forms obtained from the Town Zoning Administrator's office.
(b)
In addition to the application, the applicant shall furnish
the following:
[1]
A detailed drawing or blueprint showing the lettering and other
matter on the sign; with sign color, sign height, type and position
of any lighting.
[2]
A location plan showing the position of all signs in relation
to buildings and to any street, highway or sidewalk, including the
location of any sign on any structure.
(c)
Applications require the written consent of the landowner or
an authorized agent or representative.
(d)
A nonrefundable filing and administration fee, as specified
in the fee schedule, shall accompany the application.
(2)
Review and permit.
(a)
It shall be the responsibility of the Architectural Review Board
(ARB) to examine such plans and other data submitted and approve said
plans, if they are in compliance with all requirements of this chapter.
Applicants are encouraged, but not required, to meet with the ARB
to discuss their application.
(b)
Once approved, it shall be the duty of the Zoning Administrator
to issue a permit within 10 days of approval.
(c)
If the authorized sign is not erected within six months of the
date the sign permit is granted, the permit shall become null and
void and a new application must be made.
G.
Existing signs. Signs in existence at the time of adoption of this
section must be brought into compliance within five years from the
date of adoption.
H.
Enforcement.
(1)
Nonconforming signs.
(a)
This subsection applies to signs that do not conform to the
height, area, design criteria, color, lighting or other dimensional
requirements of this article. For the purpose of this subsection,
signs legally existing prior to the adoption date of this code are
deemed nonconforming until reviewed.
(b)
A nonconforming sign shall be changed only to a conforming sign.
(d)
Any sign which denotes a use that has ceased and/or which no
longer identifies an existing business conducted or product sold on
the premises shall be removed within 30 days.
(2)
Noncompliance.
(a)
Temporary signs or signs not requiring a permit. The Zoning
Administrator or his designee has the authority to remove noncompliant
temporary signs or signs not requiring a permit upon the notification
of the existence of said signs or upon personal observation.
(b)
Permanent signs or signs requiring a permit.
[1]
In the event of a violation of any of the provisions of this
article, the Code Enforcement Officer shall give written or personal
notice, specifying the violation, to the named owner of the sign and
the owner of the land, to correct said violation or remove such sign.
Correction of said violation by change, repair or removal, etc., must
be performed within 15 days from the date of notice.
[2]
If correction or removal of said violating sign is not completed
in the designated time, the Code Enforcement Office shall issue a
violation summons requiring the payment of a fine up to $500. After
the court determination, the violator has an additional seven days
to correct or remove the sign or be subject to an additional fine
of $100 per day.
[3]
After 30 days, the Code Enforcement Officer has the authority
to remove said sign, with any cost for the removal being assessed
to the violating party.
