The purpose of these regulations is to provide
comprehensive time, place and manner restrictions on signage including,
but not limited to, controls on size, height, quantity, location,
spacing, shape, lighting, motion, design and appearance toward the
basis of promoting community aesthetics, traffic safety, economic
development and the protection of property values.
[Amended 12-14-2015 by L.L. No. 4-2015]
It is intended, by the provisions of these regulations, to accomplish
the following:
A. To create a more attractive economic and business climate and to
enhance and protect the physical appearance of the community.
B. In addition, it is intended to reduce sign or advertising distractions
and obstructions that may contribute to traffic accidents, reduce
hazards that may be caused by signs overhanging or projecting over
public rights-of-way, and provide more visual open space.
C. It is intended to promote attractive signs, which clearly present
the visual message in a manner that is compatible with the sign's
surroundings. The appearance, character and quality of a community
are affected by the location, size, construction and graphic design
of its signs. Therefore, such signs should convey their messages clearly
and simply to enhance their surroundings.
D. To provide standards to distinguish between commercial and noncommercial
speech signage in the Town of East Bloomfield.
[Amended 12-14-2015 by L.L. No. 4-2015]
A. All signs shall be considered structures and, unless exempted, shall require a permit obtained upon approval by the Code Enforcement Officer. A permit is required prior to erecting, altering or relocating any sign. To insure the safety of the community, all signs must comply with the Building and Electrical Codes of the Town of East Bloomfield and the State of New York. See §
135-101 for the permit process.
B. Design standards. All signs erected and maintained in the Town of
East Bloomfield shall be in accordance with the following sign design
standards:
(1)
Architectural harmony. Commercial speech signs and their supporting
structure should be in harmony architecturally with both the surrounding
structures and signs.
(2)
Changeable copy signs. Changeable copy commercial speech signs
(commonly known as "bulletin boards"), not exceeding 20 square feet
in area, of any public, religious or charitable organization located
within the Town shall be allowed when such signs are in conformance
with all other restrictions for that district. All changeable copy
commercial speech signs require a sign permit.
(3)
Illuminated signs or lighting devices may be permitted, provided
that such signs employ only fixtures emitting a light of constant
intensity, and no sign shall be illuminated by, or contain, flashing
or moving light or lights. Searchlights are not permitted. All illuminated
signs or lighting devices for signs shall be placed or directed so
as to be localized and unobtrusive and shall be turned off at the
later of 11:00 p.m. or the close of business. All illuminated signs
shall comply with the Town's lighting laws and regulations.
(4)
The use of portable, billboards, spinners, streamers, or flashing,
glittering or reflective, illuminated or moving signs or similar eye-catching
devices is not permitted. No sign shall consist of animated or moving
parts.
(a)
Pennants and banners are allowed for advertising during business
hours only.
(b)
Temporary banners or portable signs announcing civic or charitable
events are permitted for a period up to 14 days prior to the event
and shall be removed within 48 hours after the event.
(5)
The use of one sandwich board sign is allowed on a daily basis
in the Community Commercial, Light Industrial and General Industrial
Districts but must conform to the following:
(a)
No sign may be displayed during hours when the business is closed.
(b)
No sandwich board signs will be allowed within or on a public
way, except where the only property located in front of a business
is a public right-of-way.
(c)
Signs must be displayed in the front of the business, except
when located within a plaza/mini mall at which time a sandwich board
sign is permitted near the roadway as long as the placement of the
sign does not compromise the accessibility or visibility onto the
roadway.
(d)
Signs will be no larger than 24 inches wide by 40 inches high
and of A-frame construction.
(e)
Sandwich board signs require a permit issued by the Code Enforcement
officer.
(f)
Any sign found to be in violation of Subsection
B(5)(a),
(b) and
(c) above can be confiscated by the Code Enforcement Officer and will be held for up to 30 days during which time it can be redeemed after a new sign permit is obtained.
(g)
All sandwich board signs must be wind resistant.
(6)
Lighting. No sign in a residential district may be illuminated.
(7)
Lighting angle. If exterior sign lighting is provided, it shall
be arranged to reflect away from the surrounding property and away
from public ways.
(8)
Lighting intensity. The intensity of the light source shall
not exceed that necessary to illuminate and make legible a sign from
the public ways. Signs constituting a traffic hazard are prohibited.
(9)
Maintenance. All signs and structures which support a sign shall
be adequately maintained. Maintenance of a conforming sign or a legally
nonconforming sign shall not be considered an erection or alteration
so long as a structural change is not made.
(10)
Attachments. No sign shall be attached to fences, streetlights,
utility poles or trees.
(11)
Pertinent advertising. Thirty business days after a sign no
longer advertises a bona fide business conducted, product sold or
activity being conducted, said sign shall be removed by the owner,
agent or person having the beneficial use of the building, structure
or lot upon which sign is found.
(12)
Uniform Building Code. All signs shall comply with the applicable
regulations of the State of New York Uniform Fire Prevention and Building
Code.
(13)
Utility lines clearance. No permit for any sign shall be issued
and no sign shall be constructed or maintained which has less horizontal
or vertical clearance from communication lines and energized electrical
power lines in that prescribed by the laws of the State of New York.
(14)
Public safety signage. Every principal building or structure
excepting those buildings identified under an addressing scheme as
part of a county wide 911 numbering system shall have Arabic numerals
(street identification numbers), at least four inches in height, permanently
attached to the building near the main entrance and clearly visible
from the public way. Where said principal building or structure is
located more than twice the minimum front setback required or where
street identification numbers attached to the building are not clearly
visible from the public way, then there shall be erected (within 10
feet of the property line and next to the site's access point) a post,
not exceeding five feet in height by six inches in width, which shall
contain the street identification number.
(15)
Public safety clearance. No sign shall be allowed to be attached
in any form, shape or manner to a fire escape or to any door or window
giving access to any fire escape.
(16)
Projecting signs. No sign shall be permitted to project into
any public right-of-way. No portion of any projecting sign shall be
less than 10 feet above grade level. There shall be no more than one
projecting sign for any building, unless the building has public entrances
to two or more public ways, in which case one projecting sign may
be erected for and toward each public way.
(17)
Awning signs. The use of awnings as signs may be permitted.
When awnings are used on adjacent businesses on the same structure
in an industrial park, a commercial plaza, a strip mall, an enclosed
commercial mall or any combination thereof, the awnings shall be uniform
in vertical dimensions and height above the ground, shall be of the
same color, material, and extension, and shall have display lettering
of the same size, style and color.
[Amended 11-8-2021 by L.L. No. 6-2021]
A. Residential uses.
(1)
Commercial speech signs are not permitted in any R-1-30 Residential
District.
(2)
The following standards shall guide the regulation of all signs
associated with permitted accessory uses or special permitted uses
in the AR-2 Agricultural Rural Residential District or the RR-1 Rural
Residential District:
(a)
No more than one commercial speech sign shall be erected on
a principal building. Said sign shall face a public way.
(b)
The total square footage for a building-mounted commercial speech
sign shall be the lesser of:
[1]
One square foot of area for each linear foot of building frontage,
plus 0.25 square foot of sign area for each foot said sign is set
back from the public way.
(c)
As an alternative to a building-mounted commercial speech sign
for accessory or special permitted uses, there may be erected one
two-sided ground sign on the premises. Said ground sign may contact
a maximum of 16 square feet and extend up to seven feet above ground
grade level. The support pole for said ground sign shall not be located
closer than 10 feet to a public way. Every ground sign shall be subject
to sign site plan approval by the Planning Board.
B. Commercial and industrial uses.
(1)
The following standards shall guide the regulation of all signs
associated with projects located in any commercial or industrial district
when only one principal building, use or activity is proposed or exists
upon a single parcel of real property:
(a)
No more than one identification sign shall be erected on a building.
Said sign shall face a public way.
(b)
The total square footage for a building-mounted identification
sign shall be the lesser of:
[1]
One square foot of area for each linear foot of building frontage,
plus 0.25 square foot of sign area for each foot said sign is set
back from the public way; or
(c)
As an alternative to a building-mounted identification sign,
there may be erected one two-sided ground sign on the premises. Said
ground sign may contain a maximum total sign area of 64 square feet
and extend up to seven feet above grade level. The support pole for
said ground sign shall not be located nearer than five feet to a public
way. Every ground sign shall be subject to sign site plan approval
by the Planning Board.
(2)
The following standards shall guide the regulation of all commercial
or industrial speech signs associated with sites located in any commercial
or industrial district where more than one principal building, use
or activity is proposed or exists upon a single parcel of real property,
such as in the case of a shopping center, plaza, office complex or
other multiple commercial use facilities:
(a)
A single double-sided ground sign of up to 64 square feet in
area and not more than 12 feet in height with a minimum of three feet
above grade may be erected which identifies the name of the shopping
center, plaza, office complex, or other multiple commercial use facility
and may also identify each individual business.
(b)
A sign site plan shall be approved by the Town Planning Board.
(c)
Ground signs identifying individual businesses shall be prohibited.
(d)
Each individual business or use that has an exterior entrance
may have one building-mounted identification sign. Each sign shall
be uniform in design, style and location on the building. Each sign
shall not exceed the sum of one square foot of area for each linear
foot of store frontage; plus, 0.25 square foot of area for each foot
said sign is set back from the closest public way. Any tenant having
a second exterior entrance on more than one public way shall be allowed
a second building-mounted identification sign which shall be located
next to the second exterior entrance. The maximum size for the second
entrance sign shall not exceed eight square feet.
(e)
A multiple-use structure having one main entrance may have one
building-mounted sign located on the same elevation as the main entrance.
Such sign shall identify in a group all of the tenants. Such sign
shall not exceed 20 square feet in area.
(f)
The signs allowed in Subsection
B(2)(d) and
(e) above shall be placed on the side of the building facing the common parking area and shall be in proximity to the main entrance(s) to the building. In the event that a multiple-use structure does not have a common parking area, all building-mounted sign(s) shall be on the side of the building facing the public way and located next to the main entrance.
(g)
In addition, next to each building entrance one directory sign
may be permitted containing the name of each tenant in the building.
The building directory sign shall not exceed six square feet. Such
directory shall be compatible with the commercial sign(s) located
on said building.
(3)
Commercial and industrial uses when serviced by an internal
access road.
(a)
The following standards shall guide the regulation of all commercial
or industrial speech signs associated with sites located in any commercial
or industrial district that is serviced by an internal access road.
Said development may be identified by a freestanding directory sign
where the access road intersects with a public way. Such directory
signs shall be subject to the following criteria, and subject to review
and approval by the Planning Board.
(b)
Such signs shall be of a freestanding directory nature and contain
the name of the development site and/or the names and addresses of
the businesses located within the development site.
(c)
Individual signs shall be no larger than 10 square feet in size
and can be double-sided.
(d)
The total height of the sign shall not exceed 20 feet and shall
be three feet above grade.
(e)
Illumination of such signs shall only be from an external source,
dark-sky compliant, and shine downward on the signs. Light shall not
impact adjacent parcels.
(f)
The directory sign shall be located in a manner as not to obstruct
vision for ingress/egress, and set back the minimum distance out of
the right-of-way on each roadway, and 50 feet from a residential parcel.
(g)
Signs will be consistent in design of other directory signs
and in overall harmony with the community character of the Town.
Generally, every sign permit application that
involves a sign other than the first to be erected on a site shall
require a sign site plan to be approved by the Town of East Bloomfield
Planning Board. All applications for sign site plan approval are to
be submitted to the Code Enforcement Officer on forms provided. The
Code Enforcement Officer shall process all complete applications in
accordance with the following procedures:
A. The Code Enforcement Officer shall refer the application
along with an application for sign site plan approval to the Town
of East Bloomfield Planning Board for its review and approval.
B. All sign site plan approval applications to be heard
by the Planning Board are hereby classified as unlisted actions, under
Part 617 of the State Environmental Quality Review (SEQR) regulations.
All applications for sign site plan approval must be accompanied by
a completed short-form environmental assessment for unlisted actions.
C. Upon a referral from the Code Enforcement Officer
of a complete application, the Planning Board shall, within 60 days
approve, modify or deny any application for a sign site plan. Any
modification or denial of a sign site plan shall be accompanied by
a brief statement of the reason for such modification or denial.
D. The Planning Board may modify a sign site plan application,
provided that such modification does not result in the need for any
variances to these sign regulations. All sign site plan modifications
must directly relate to the statements of purpose and intent set forth
above in this chapter.
E. The Planning Board's action on a sign site plan application
shall be the basis for the Code Enforcement Officer to approve or
deny a sign permit, which action is declared ministerial in nature.
F. The Code Enforcement Officer may authorize a subsequent
modification to an approved sign site plan, provided that there is
no change to either the number of or total area of signs.
G. If the sign authorized under any such permit has not
been completely erected within 120 days from the date of the issuance
of such permit, the permit shall become null and void, but may be
renewed for one additional sixty-day period upon the approval of the
Code Enforcement Officer and upon payment of an additional fee.
The following standards shall guide the regulation
of all window signs located in any commercial or industrial district:
A. Window signs shall cover no more than 25% of the total
window area. In addition, window signs shall not exceed five square
feet per window space.
B. Each tenant may have two window signs. In no event,
however, shall a window sign be permitted where there is a building
mounted identification sign.
C. A window space is considered to be the total area
of any single window pane or series of window panes with a width of
12 inches or less separated by mullions.
All signs in the Town of East Bloomfield shall
be properly maintained at all times. The Code Enforcement Officer
shall have the authority to order the painting, repair or removal
of a sign and accompanying landscaping which constitutes a hazard
to safety, health or public welfare by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment. Notification shall be by
certified mail. If the maintenance notice is not complied with within
15 days, it shall become an order to abate the sign or perform the
maintenance or repair specified therein.