[HISTORY: Adopted by the Town Board of the Town of Verona 7-8-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
This chapter passed by order of the Verona Town Board, as elected
and informed by the citizens of Verona, is enacted to preserve, protect,
promote and advance the public health, safety and welfare of the Town
by regulating and establishing standards for the construction and
maintenance of signs. The Town Board has found that the location,
height, size, construction and design of signage within the Town of
Verona has a direct impact on the well-being of Town citizens and
of the ability of those citizens to advertise and communicate within
this community. Although the Town Board encourages and holds sacred
the right of Verona's citizens to make use of their property
to advertise or otherwise communicate, this right must be balanced
with the Town's duty to its citizens to promote peace and quiet
enjoyment within this Town. Accordingly, the sections that follow
will maintain balance between a citizen's ability to advertise
or otherwise communicate, and the dangers, distractions, obstructions
and nuisances that improper signage may cause to the health, welfare,
safety and enjoyment of natural and scenic beauty within the Town
of Verona.
As they appear throughout the following chapter, these terms
shall have these meanings:
Any sign which is located on property which becomes vacant
and unoccupied for a period of three months or longer; any sign which
pertains to an event or purpose which no longer applies or exists;
or a sign which no longer advertises a business, product or activity
conducted or available to the premises where such sign is located.
A sign that advertises or otherwise promotes a business that
is being lawfully conducted on the premises.
A sign affixed to the front vertical surfaces of a canopy,
classified as a wall sign.
A sign that advertises or otherwise communicates using LCD,
plasma or other digital imaging medium.
A sign which emits artificial light directly or through a
transparent or translucent material from a source of light connected
to the sign or part of the sign structure. The light emitted from
such a sign may not illuminate a residentially zoned or residentially
used parcel.
A sign identifying two or more persons, agencies or establishments
existing in an area common to all.
Any glass or other transparent or translucent material comprising
a panel, window or door of a building.
A sign designed to be viewed from two directions and which
at no point is thicker than 24 inches measured from the exterior surface
of each face, and the two faces of the sign are either parallel or
the angle between them is 30° or less.
Any sign containing any electrical device, fixture or accessory.
Any sign affixed to or incorporated into the exterior face
of any wall having an entrance facing a public thoroughfare or the
subject parcel's parking area.
Any flexible material, usually cloth, upon which a design,
letters, symbols or unadorned material is displayed. Often mounted
to a staff at two points, flag signs may be displayed hanging against
the face of a building, suspended from an overhanging support, as
a freestanding sign or as a projecting sign.
A sign which is supported by one or more uprights, poles
or braces, or by a base of wood, stone or cement, in or upon the ground.
This definition shall not include portable signs.
Any sign erected and maintained by or at the direction of
any governmental body, organization, agency or corporation.
Any sign erected on or attached to a freestanding frame,
mast, pole or structure. Any sign partially attached to a building
and partially attached to a freestanding frame, mast, pole or structure
shall be considered a ground sign.
A sign which identifies a business, industry, service or
attraction conducted upon the lot on which the sign is displayed or
which attracts attention to a commodity sold or displayed upon the
lot or premises.
Any sign which is lighted from within or without. Illuminated
signs must be illuminated by a constant, rather than intermittent,
source of light.
A sign illuminated by a source of light which is detached
from the sign structure and which is shielded so that illumination
is directed upon the sign, and the source of light is not visible
from an adjoining property or street.
A sign on the premises of a school, church, hospital or other
public institution, provided that such sign face does not exceed 32
square feet.
A "light emitting diode" or "LED" sign is one comprised of
a set of electric powered bulbs that emit light in one or more patterns
of words, diagrams or pictures.
A canopy extending more than one foot from a building, with
lettering thereon.
A freestanding identification sign erected upon a masonry
base and not supported by columns, girders or other structural elements.
Any sign not permanently attached to the ground, a building
or vehicle, such as, but not limited to, a sign designed to be transported
by means of wheels with the exception of a sign attached to or painted
on a vehicle and used in the normal day-to-day operation of said vehicle
or in an authorized parade; a sign attached to or painted on a vehicle
parked and visible from the public right-of-way; an A-frame or sandwich
board sign; and balloons used as signs.[1]
A sign erected upon a roof or parapet of a building or structure.
Any identification, description, illustration, symbol, structure,
material, statue or device, illuminated or nonilluminated, which is
visible from any public place, designed or employed to advertise,
identify or convey information, but not including governmental signs.
The entire surface area of a sign upon which the advertisement
or communication is located.
Any structure which supports a sign.
Any piece of cloth, plastic or other flexible material more
than 10 feet in length when unfurled and placed on the ground and
attached as one or both ends to a mast, pole, building or structure.
A sign usually displayed for 30 days or less. Due to the
nature of the message, some types of temporary signs may exceed this
time frame. For instance, point of view signs and political signs.
Standard signage erected and maintained by or at the direction
of a public utility.
Any sign, other than an entrance sign, affixed to or incorporated
into the exterior face of any wall of any building and which does
not extend more than 12 inches beyond such wall at any point of measurement.
Any sign that is affixed to or painted on the interior of
a window or any sign located within one foot of the inside face of
the window and is designed to be visible from the exterior of the
window.
A.
All signs shall be securely built subject to the approval of the
Code Enforcement Officer as to the structural safety. All wood portions
of signs and sign structures must be painted or treated to prevent
decay.
B.
Every sign shall be maintained in good structural condition at all
times. All signs shall be kept clean and neatly painted, including
all supports and appurtenances. The Code Enforcement Officer or his/her
duly authorized representative shall have the authority to order the
painting, repair, alteration or removal of a sign which constitutes
a hazard to the public health, safety or general welfare by reason
of inadequate maintenance, dilapidation or obsolescence.
C.
All electrical signs shall conform and be maintained in accordance
with the specification standards of the National Electric Code (NEC).
A.
Signs shall not be hazardous or dangerous to the public safety. Evidence
of such hazard or danger shall include, but is not limited to, signs
swinging as a result of wind, hazards to vehicular traffic or pedestrians
and signs obstructing a window, doorway, ventilation system, fire
exit or other means of ingress or egress. Signs which have been found
to be hazardous shall be removed or repaired.
B.
No sign shall be constructed, erected or maintained using breakable
glass.
C.
No sign or lighting source or reflector connected thereto or used
therewith shall be constructed, erected or maintained which shall
conflict with or be mistaken for a vehicular or pedestrian traffic
signal, railroad crossing, fire hydrant or governmental sign.
A.
No sign shall be erected, placed or maintained within the right-of-way
lines of any public street, sidewalk or public right-of-way. Any sign
violating this subsection shall be removed by the Code Enforcement
Officer or other agent as designated by the Town Supervisor without
prior notice to the owner. Such removal shall include the sign structure.
B.
No sign shall be constructed, erected or maintained on the roof of
any building, on any telephone pole, electrical pole, lighting pole,
traffic device, hydrant, tree, stone or other natural object, balloon,
governmental sign, governmental sign structure or the face of any
other sign. There shall be a presumption in any proceeding to enforce
the provisions of this chapter that the business, corporation, establishment,
entity, person or facility whose name, address, phone number or any
other identifying marking, printing, writing, logo, insignia, or the
like, of said business, corporation, establishment, entity, person
or facility that appears on said sign is responsible for the violation
of this chapter.
C.
No placard, post or display of show bills, handbills, posters, banners
or any printed or written notice or notices or advertisements of any
kind whatsoever shall be attached to any tree, pump, hydrant, telegraph,
telephone light pole, lighting pole or stone in the Town of Verona.
This prohibition shall apply to any of the foregoing located on any
property or facility owned, held or operated by the Town, except for
any notice or warning sign placed upon such pole by a public utility.
D.
No sign shall be constructed, erected or maintained which faces a
public waterway.
E.
No sign shall be constructed, erected or maintained within 500 feet
of a public park, public parking area or public recreational facility
when such sign faces such public park, public parking area or public
recreational facility, unless a public roadway should lie between
the public park, recreational facility or public parking area and
the property on which the sign is located.
F.
No sign shall cover or obstruct any window, doorway, ventilation
system, fire exit or any other means of ingress or egress to any building
or structure or any portion thereof with the exception of window signs.
G.
No sign shall be located on a motor vehicle, trailer or other vehicle
such that it is considered to be a vehicular sign. It is the purpose
and intent of this subsection to prevent an attempt to circumvent
the billboard section of this chapter by utilization of vehicles as
a substitute for a billboard. No vehicle shall be parked for the primary
purpose of commercial advertising.
H.
No sign shall cover, obstruct or hide from view any governmental
sign, utility sign, traffic signal or device, railroad crossing device
or hydrant.
I.
No sign shall be constructed, erected or maintained which shall be
located less than six feet from any overhead electrical, telephone
or cable television wires, wiring, facilities or service, except any
electrical wires, wiring, facilities or service supplying energy or
power to that sign.
The permit for an abandoned sign expires at the time of abandonment
as defined herein and as determined on a case-by-case basis by the
Town Code Enforcement Officer.
No sign shall advertise, announce, refer to or call attention
to any business, commercial product or commercial service not performed
on or connected with the property or building on which the sign is
located without a permit.
A.
Billboard signage and off-site advertising are only permitted along
New York State Route 13, State Route 31, State Route 46, State Route
49 and State Route 365.
B.
In HC&I Districts, billboard signage shall be a maximum of 150
square feet per side, not including a required six-inch white border.
C.
In PC and PUD Districts, billboard signage shall be a maximum of
100 square feet per side, not including a required four-inch white
border.
D.
In all other districts, the maximum signage shall be 32 square feet
per side with a two-inch white border.
E.
Billboard signs will be set back from public right-of-way in accordance
with state minimum.
F.
No billboard sign shall be located closer than 1,500 feet from any
other billboard sign.
G.
No billboard sign shall be taller than 35 feet off of the ground.
I.
Billboard signs may not exist within 100 feet of a residential property
line.
J.
Billboard signs shall not be digital signs.
A.
All signs on sites used for retail purposes shall be standardized
with respect to uniform size, color, material and lettering for the
entire site. Such signs shall include ground signs, wall, signs, entrance
signs and directory signs.
B.
An application for conversion of an existing structure to retail
use or improvements to an existing retail site that involve alterations
to the part of the building on which existing wall signs and/or entrance
signs are affixed shall include all signs on site or a standardization
format for the same to be approved by permit.
C.
Sign applications for existing retail stores shall also require a
permit for approval of sign standardization for the site, e.g., the
establishment of a standard font, size, color, material and lettering
for the entire site.
A.
No sign, with the exception of theater marquee signs, shall be designed,
constructed or maintained on which artificial or reflected light is
not maintained stationary and constant in intensity and color at all
times, except for that part of a sign which displays the time and/or
temperature exclusively. No sign shall be designed, constructed or
maintained which contains any illumination other than direct or indirect
illumination.
B.
No sign shall be designed, constructed or maintained which shall
move, oscillate or rotate.
C.
No sign shall be designed, constructed or maintained which shall
produce any noise, sound, odor, smoke, flame or any other emission.
D.
Except as otherwise provided in this ordinance, illumination shall
not use more than 40 watts per square foot of sign area or as specified
in the New York State Energy Conservation Construction Code, whichever
is more restrictive.
E.
Except as otherwise provided in this ordinance, no sign shall be
designed, constructed or maintained which shall use or include a pinwheel,
balloon or streamer.
A.
The size of a sign shall be the measurements of its Sign Face, as
defined herein, excluding structural supports from the ground to the
bottom edge of the sign face.
B.
Setback measurement is to be measured from the closest point of the
sign structure.
C.
The width of a building shall be the distance between the two perpendicular
walls establishing the building wall.
No sign shall be erected, placed or maintained in any RD, RR,
or R district, except:
A.
Not more than two signs in connection with the sale, rental, construction
or improvement of the land or premises upon which the sign is located.
The maximum dimensions thereof shall be an area of four square feet
and any such sign structure may not be higher than five feet off the
ground.
B.
House numbers and nameplates not exceeding two square feet of sign
face for each residential building. No more than two house numbers
or nameplates shall be allowed for each residential building. Such
house number or nameplate may be indirectly illuminated signs with
a maximum illumination wattage of 15. If affixed to the ground, such
house numbers or nameplates must be placed at least 10 feet from the
nearest property line, with a maximum height of four feet off the
ground.
C.
Not more than two signs containing a cautionary message, such as
"Beware of Dog" or "No Trespassing," provided that the sign face of
such signs shall not exceed two square feet and are not illuminated
signs.
D.
Institutional signs, as defined herein.
E.
Business signs pertaining only to a permitted business use of the
premises on which the sign is located, provided that such signs shall
not exceed 20 square feet of sign face per side.
F.
Digital and LED signs only with a Zoning Board of Appeals special
permit and only along NYS Routes 13, 31, 46, 49 and 365.
G.
Signs advertising functions, uses, products or services that are
not available on the premises where the sign is located may be allowed
following a site plan review and written authorization by the Zoning
Board of Appeals and that such sign face shall be no larger than 32
square feet.
The following signs shall be permitted in CNS and HCR Districts:
A.
Signs permitted in RD, RR or R Districts.
B.
Front facade business signs, provided that the maximum sign area
is no larger than one square foot per linear foot of building frontage.
Building frontage shall mean the length of the building parallel to
the street and on which the wall sign shall be located.
C.
Second side facade business signs, permitted on so much of a building's
side that faces a public right-of-way. Such side facade is permitted
in addition to a front facade wall business sign but sign face is
restricted to a maximum of one square foot per every two linear feet
of second side building frontage.
D.
Rear side facade business signs may be permitted on so much of a
building's third side facing a public right-of-way if both a
front and second side facade business sign have been erected on the
premises. Any rear side facade business sign face shall be no larger
than 10 square feet.
E.
One freestanding sign including building directory signs or monument
signs. Freestanding signs must be set back five feet from the curb
or right-of-way where no sidewalks exist, or at least one foot from
an existing sidewalk. More than one freestanding sign may be erected
only upon written approval by the Zoning Board of Appeals.
F.
Billboards and off-site advertising signs shall be permitted only
along what is currently marked New York State Route 13, Route 31,
Route 46, Route 49 and Route 365, and only after a special permit
has been approved in writing by the Zoning Board of Appeals.
G.
Directional signage. Signs exclusively directing traffic or parking
on premises open to the public, subject to the approval of the Zoning
Board of Appeals as to the number and location adequate to provide
a safe and controlled flow of traffic and parking on the premises.
Such signs shall not exceed four square feet in area and shall not
exceed three feet in height. Such signs may be double-sided but no
larger than eight inches in depth.
The following signs shall be permitted in PUD, PC and HC&I
districts:
A.
Signs permitted in CNS and HCR districts.
B.
On-site business signs having a sign face no greater than 200 square
feet, unless approved in writing by the Zoning Board of Appeals.
C.
No sign shall be located higher than the roofline of the parcel's
principal structure and in any event shall not exceed 35 feet in height.
A.
The size, design, shape, arrangement, height, width, length and message
of any sign to be maintained on the premises of a strip mall, shopping
center or other parcel with multiple businesses shall be set forth
and must be approved as part of the site plan review for such uses.
B.
In addition to the one allowed directory or monument sign identifying
the mall, center or plaza, wall signs or window signs may be used
by individual businesses within the mall, center or plaza with a permit.
A.
Notwithstanding any other section of this chapter, digital signs
and LED signs, as defined within this chapter, shall be allowed only
with a special Zoning Board of Appeals permit. All special permit
applications must be accompanied by current contact information for
the sign operator, including phone number, cell phone number, e-mail
and physical address.
B.
No digital or LED sign will be within 500 feet of any other digital
or LED sign.
C.
Only one digital or LED sign is permitted per parcel.
D.
Brightness shall be measured by luminance (candela) intensity per
square meter, commonly referred to as "NITS." No sign may use more
than 10,000 NITS during the day and must dim with ambient light.
E.
If necessary to protect the immediate safety of Town residents, sign
operators will display emergency messages at no cost to the Town.
F.
If at any time 30% or more of the digital or LED becomes inoperable,
malfunctions or becomes corrupted, the sign will be deactivated until
fully repaired. Whether a sign has become inoperable, has malfunctioned
or has become corrupted shall be a determination made solely by the
Code Enforcement Officer.
G.
Should a sign be determined inoperable, malfunctioning or corrupted,
the owner or operator of the sign shall act immediately to either
deactivate or fix the defective sign. If, after a reasonable time
and with reasonable and written notice to the owner or operator of
the defective sign the sign is not deactivated or fixed, a fine of
not more than $250 per day the sign remains active in defective condition
will be assessed to the owner/operator of the sign.[1]
H.
Sign brightness testing will be conducted by the sign owner or operator
at least once per year and the results from such testing, including
NITS readings, shall be submitted to the Town Code Enforcement Officer.
I.
Billboards may not be digital signs.
Notwithstanding the other sections of this chapter, the following
regulations will apply to temporary signage. Temporary signs require
permits and are to be taken down 45 days after their construction.
The Town Codes Office will furnish temporary sign applications, and
no more than two temporary sign permits may be issued for any one
parcel within a twelve-month span. Due to the nature of the messages,
some temporary signs may exceed this time frame in accordance with
the 1st Amendment to the United States Constitution. Any variance
from this section must be approved by the Zoning Board of Appeals.
A.
No temporary sign may be placed or operated in such a manner as to
cause a traffic hazard due to its location, shape, color or position.
B.
No sign shall use any words, symbols or colors that may interfere
with, mislead or confuse traffic.
C.
No signs shall be placed on trees, utility poles or culverts.
D.
No sign shall be illuminated in such a manner as to cause glare or
reflection or disturb any Verona Town resident's ability to quietly
and peacefully enjoy their property.
E.
Political signs such as posters and banners representing a campaign
or candidate are allowed, provided that such sign faces are no larger
than 32 square feet. Such signs shall be removed within 10 days of
the completion of such election or event.
F.
One inflatable sign shall be allowed per parcel. Inflatable signs
shall only include cold-air inflatable signs and shall only be constructed
with a permit. Inflatable sign permits last for 30 days unless specified
otherwise in the permit. Inflatable signs shall not float or otherwise
exist higher than 30 feet off of the ground.
G.
A streamer must be solid in color and, when unfurled and placed flat
on the ground, must have a width of no more than 12 inches. A streamer
must be made of weatherproof material and securely fastened to a mast,
pole, building or structure. A streamer shall be considered a sign,
and a streamer is permitted only as a temporary sign.
Window signs shall be permitted CNS, HCR, PUD, PC and HC&I
Districts, subject to the following restrictions:
A.
There shall be no more than one window sign per wall, except in the
case of a building which has been divided into separate units, in
which case one window sign per unit shall be allowed.
B.
No window sign shall exceed 20 feet in length or five feet in height.
C.
No window sign shall be erected, constructed or maintained which
shall obstruct more than 50% of the total glass area of the building
on which it is affixed.
A.
Each parcel shall, as a whole, be allowed one freestanding directory
sign on the premises (in lieu of a permitted freestanding or ground
sign). Directory signs are only permitted on the premises where more
than one business is conducted and shall not be placed closer than
five feet to adjoining property lines. Dimensions of monument signs
shall also be in accordance with this section.
B.
Maximum square footage and height of directory signage shall be in
accordance herewith:
|
Tenants
|
Maximum Square Footage
|
Maximum Height
| |
|---|---|---|---|
|
2 to 5
|
32
|
15
| |
|
6 to 10
|
50
|
15
| |
|
10 or more
|
75
|
18
|
Signs in gasoline and/or petroleum filling stations and/or garages
that display the selling price of gasoline, car parts and car accessories
shall be permitted subject to the following additional restrictions:
A.
One price sign not to exceed 12 square feet, with changeable uniform
letters, together with the grade, if any, of the gasoline. The price
sign shall be mounted on the station's logo-pylon at least eight
feet off of the ground, but no more than 15 feet off of the ground,
or, mounted on a building at least eight feet from the ground, but
no more than 15 feet above grade or above the building's roofline.
Such sign shall otherwise conform with the provisions of this chapter.
B.
Signs or placards on any gasoline pump or dispensing service no larger
than one square foot are also permitted.
The following signs may be erected and maintained without permits,
provided that such signs do not interfere with public health and safety
and do not constitute a nuisance.
A.
Flags or insignia of a country or government, except when displayed
for commercial promotion.
B.
Historical markers, tablets, statues, memorial signs.
C.
Both on-premises and off-premises temporary, portable directional
signs for the convenience of the general public, identifying business,
public parking areas, fire zones, bus and service entrances and exits
and similar signs, directly or indirectly illuminated signs, not to
exceed four-square feet per face and six feet in height. (These signs
must be removed during nonbusiness hours.)
D.
Posted or no trespassing signs, not to exceed two square feet.
E.
Number and nameplates, identifying residents, mounted on the house,
apartment, mailbox or lamppost not exceeding one square foot in area.
All signs within the Town of Verona shall be maintained by the
permit applicant or, if none, the sign owner or the landowner on which
the sign is located, pursuant to the subsections below:
A.
Signs shall be maintained/galvanized to prevent rust, and painted
signs must be repainted when the Code Enforcement Officer determines
more than 25% of the paint has chipped away.
B.
Any sign found to be broken, damaged or unsafe upon inspection by
the Code Enforcement Officer shall be repaired or made secure by the
applicant, sign owner or landowner. Notice of a broken, damaged or
unsafe sign must be mailed certified mail, return receipt requested,
to the permit applicant, sign owner or landowner ordering the sign
repaired, secured or removed. If the sign has not been repaired, secured
or removed within 30 days of the receipt of the notice, the Code Enforcement
Officer may revoke the sign permit and remove the sign. If the sign
poses an imminent danger to any person, the Code Enforcement Officer
shall cause such a dangerous sign to be made safe or removed, without
notice.
C.
Any costs incurred by the Town in removing a sign shall cause a lien
to be placed on the property for the benefit of the Town in the amount
of costs incurred.
A.
Unless otherwise allowed by this chapter, all signs require permits.
It shall be unlawful to construct, alter, relocate, or reconstruct
any sign without having obtained a written permit from the Town Codes
Office.
B.
Each permit application shall have included a diagram of the material
elements of the proposed sign, including approximate dimensions, proposed
lettering, a location plan and a proposed method of attachment for
the sign.
C.
If the sign application is submitted for an electrical, digital or
LED sign, the applicant shall furnish the specifications of all wiring
and components as well as proposed NITS output.
D.
All sign permit applications shall be accompanied by a written statement
that includes the name of the owner or person in control of the premises
or building on which the sign will exist and the right of the applicant
to obtain a permit.
E.
Sign permits will only be granted by payment of a fee, which will
be set by the Town Board and may vary depending on the type of sign
for which the applicant applies.
F.
Sign permits will renew every two years upon payment of the renewal
fee, such fee having been set by the Town Board. This fee shall be
payable by the sign owner and the owner of the land on which the sign
stands, jointly and severally. Sign permit fees delinquent over one
month shall be collectible as a municipal tax lien.
[Amended 12-4-2017 by L.L. No.
1-2017]
The following operations shall not be considered as creating
a sign insofar as requiring the issuance of a sign permit, provided
that the sign is in conformance with all other provisions of this
chapter:
A sign permit may be revoked by Verona's Code Enforcement
Officer for the following reasons:
A.
The Zoning Board of Appeals interprets the Zoning Law and grants
variances applicable to the provisions of this section.
B.
Fines. A fine of $250 per day may be assessed against the owner or
operator of a sign that, in the sole determination of the Code Enforcement
Officer, exists in violation of this chapter.
[Amended 12-4-2017 by L.L. No. 1-2017]
A.
Legal nonconforming signs in place at the time this chapter is enacted
will have to abide by its construction and maintenance requirements.
Three years after the enactment of this chapter, all signs will comply
with all provisions, except for size.
B.
Any sign that undergoes restoration or repairs of 50% of more, or
is relocated more than 20 feet from its original permitted location,
will have to immediately comply with the provisions of this chapter.
