[HISTORY: Adopted by the Town Board of the Town of Ogden 10-25-1972 (Ch. 157 of the 1995 Code).
Amendments noted where applicable.]
No sign shall be constructed, set or erected on the exterior
of any premises or fastened to, erected upon or painted on the exterior
of any building or other structure except as provided herein.
For the purposes of this chapter, the terms used herein are
defined as follows:
Any structure, movable or otherwise, banner, painting, drawing,
printing or configuration which is constructed, set or erected upon
any premises or is fastened to or erected upon or painted on the exterior
of any building or structure, trailer or vehicle which purports to
indicate the nature or name of or publicize any service or any organization,
any commercial or industrial enterprise or any product which is conducted,
located, sold or made upon said premises or any other premises.
[Amended 12-13-1995 by L.L. No. 9-1995]
A.
Residential and nonresidential districts.
[Amended 12-13-1995 by L.L. No. 9-1995; 11-28-2018 by L.L. No. 1-2018; 4-12-2023 by L.L. No. 1-2023]
(1)
Residential
districts. Unless otherwise specified in this chapter, an advertising
sign may be erected by the owner or occupant of premises for advertising
such owner's or occupant's business or profession, for the sale of
such owner's or occupant's property or the products raised on such
owner's or occupant's property without a building permit therefor,
provided that such sign shall not be larger than four square feet.
(2)
Nonresidential
districts. Each separate commercial or industrial enterprise shall
be permitted to erect, upon obtaining a building permit, one or more
signs mounted or placed on the front of a building covering no more
than 20% of the front wall allocated to such enterprise or 16 square
feet, if post-mounted.
B.
No application for approval of signs or for a sign permit shall be
processed unless the occupant for whom such sign is intended and the
owner of the premises shall join therein. Such application shall be
made in writing upon forms prescribed and provided by the Building
Inspector. At the time of filing the application, the applicant shall
pay to the Building Inspector a fee as set from time to time by the
Town Board. Such fees are kept on file in the Town offices.
[Amended 1-10-1973; 12-13-1995 by L.L. No. 9-1995]
C.
No sign for which a permit has been granted hereunder shall be moved,
altered, changed, enlarged or reconstructed without a new permit being
issued therefor in accordance with the provisions hereof.
D.
Before the Zoning Board of Appeals or the Building Inspector, whatever
the case may be, grants a permit, they shall consider and determine
that the proposed sign will not:
(1)
Be detrimental to other property.
(2)
Create a hazard or nuisance.
(3)
Interfere with the use of public lands or highways.[1]
[1]
Editor's Note: Former Subsection E, regarding term of validity
and permit renewal, and Subsection F, regarding submittal of photographic
prints of installed signs, as amended, which immediately followed,
were repealed 4-12-2023 by L.L. No. 1-2023.
A.
B.
No sign or part thereof shall contain or consist of pictorial designs
or illustrations, banners, posters, pennants, ribbons, trademarks,
streamers, spinners or other similar moving, fluttering or revolving,
flashing or animated devices, nor shall any of the aforesaid devices
or strings of lights be used for the purposes of advertising, illumination
or attracting attention, except that trademarks shall be permitted,
provided that they are incorporated in and made a part of a permitted
sign, and the area thereof is included in calculating the total permitted
sign area allowed under this chapter.
C.
The illumination of any sign which is not prohibited by these provisions
shall be arranged so as to protect roads, highways adjoining or nearby
property from direct glare, nuisance or hazardous interference of
any kind. All illuminated signs shall bear the underwriter's label.
A.
The provisions of this chapter shall not apply to safety signs, road
signs, historical markers or highways directional signs which are
erected by a municipal or public agency.
B.
Traffic directional signs not exceeding three square feet in size
shall be permitted on private property without a permit, provided
that such signs shall conform to the provisions of these regulations
relating to illumination and shall not cause interference with traffic
on public highways.
D.
The necessity of a review by the Zoning Board of Appeals for minor
alterations to a sign, such as but not limited to change of color
or verbiage, that in the opinion of the Building Inspector do not
impact the requirements to protect public health, safety and general
welfare and are so insignificant as not to alter the intent of the
provisions herein, may be waived at the discretion of the Building
Inspector. A building permit for such sign alterations shall be required
at a fee to be determined by the Town Board. All existing conditions
of approved special sign permits remain.
[Added 2-26-2003 by L.L.
No. 5-2003]
[Amended 12-13-1995 by L.L. No. 9-1995]
All nonconforming signs legally existing at the time of the
adoption of these regulations shall be discontinued and removed when
replaced.
A.
For single-family or two-family dwellings upon obtaining a building
permit, one sign not exceeding four square feet in area and indicating
only the name and address of the occupant and a permitted accessory
use shall be permitted. Such sign may be attached to a principal building
or may be on a separate support, but in either case shall not project
more than six feet in height above grade and shall not be nearer than
10 feet to any lot line.
[Amended 4-12-2023 by L.L. No. 1-2023]
B.
For multiple dwellings, one sign for each building not exceeding
two square feet in area and indicating the name and address of the
occupant and a permitted accessory use shall be permitted. Such sign
shall be attached to and be parallel to the building and shall not
project more than six feet in height above grade.
C.
Monument/permanent-type sign for multiple-dwelling projects and/or
other residential developments, one sign not exceeding 16 square feet
in area indicating only the name of the project or development shall
be permitted for each development. Such sign shall not be closer than
10 feet to any lot line and shall not project more than six feet in
height above grade.
[Amended 9-14-2005 by L.L. No. 6-2005]
D.
For a church, club or other institution, one sign not exceeding 16
square feet in area shall be permitted. Such sign shall not be nearer
to any lot line than 1/2 of the required building front setback or
20 feet, whichever is greater, and shall not project more than six
feet in height above grade.
[Amended 12-13-1995 by L.L. No. 9-1995]
E.
For the sale or rental of a single-family residence, one nonilluminated
sign not exceeding three square feet in area advertising only the
prospective sale or rental of a single-family residence shall be permitted.
Such sign must be located on the premises to be sold or rented, shall
not be closer than 10 feet to any lot line, shall not project more
than six feet in height above grade and shall be removed within 24
hours after the time of sale or rental.
F.
Temporary signs used in connection with the sale, rental or improvement
of real property, excepting single-family residences. Two signs shall
be permitted which shall not exceed 18 square feet total, or one sign
not exceeding 16 square feet, provided that such signs shall be located
on the premises to be rented, sold or improved. In the instance of
a double-sided sign, each side shall be viewed as a separate sign.
Such sign shall not be closer than 10 feet to any lot line and shall
not project more than six feet in height above grade. For the purpose
thereof, a residential subdivision shall be considered a single development.
Such signs shall not be illuminated and be erected only after a permit
for the same shall have been obtained from the Zoning Board of Appeals;
said permit shall be valid for a period up to 24 months and may be
renewed. Said signs should be removed within 30 days after transfer
of title, rental or improvement has been completed.
[Amended 2-26-2003 by L.L. No. 5-2003; 9-14-2005 by L.L. No. 6-2005]
G.
Any signs erected, placed or constructed in connection with a commercial
or industrial use, including the sale of farm products, conducted
in a residential district shall be subject to the provisions hereof
relating to signs in commercial and industrial districts, but this
shall not be construed to permit any use which would otherwise be
prohibited under this chapter.
A.
Each separate commercial or industrial enterprise shall be permitted
to erect, upon obtaining a permit from the Zoning Board of Appeals,
one or more signs mounted or placed on the front of a building covering
no more than 20% of the front wall allocated to such enterprise or
16 square feet, if post-mounted.
[Amended 2-26-2003 by L.L. No. 5-2003; 6-28-2017 by L.L. No. 5-2017]
B.
In shopping plazas, each individual store or other enterprise shall be permitted to have one sign of the type permitted under Subsection A of this section. In addition, a shopping plaza may erect a single freestanding sign not exceeding 60 square feet in size advertising the name of the shopping plaza. Such sign shall be erected only after a special use permit therefor shall have been obtained from the Zoning Board of Appeals and a building permit obtained therefor. For the purposes hereof, a "shopping plaza" shall be defined as four or more commercial enterprises which are located in a single building or two or more connected or adjacent buildings or two or more buildings developed as a part of a single integrated development.
[Amended 11-28-2018 by L.L. No. 1-2018]
C.
Gasoline filling stations or service stations shall be permitted
no more than two signs, one of which shall be attached to the front
and the other to the side of the building, if located on a corner
lot. Service stations on interior lots shall be permitted one sign
to be placed on the front of the structure. These signs shall be no
more than three feet in height and width. The top of the sign shall
not be higher than six feet above the roof of the building. Said sign
shall conform in all respects to the provisions of this chapter. Such
signs shall be erected only after a permit therefor has been obtained
from the Zoning Board of Appeals.
D.
Accessory signs. Each of the foregoing buildings or enterprises may
have the following accessory signs:
(1)
Two signs, each not exceeding six square feet in area, indicating
or calling attention to traffic entrances and exits, provided that,
if illuminated, such illumination shall cease at the close of business
hours. Such signs shall not be nearer than six feet to any lot line
and shall not project more than six feet in height above the grade.
All such signs shall be approved by the Building Inspector and shall
require a permit.
(2)
One sign not exceeding two square feet in area indicating only the
street address of the property. Such sign shall not project more than
six feet in height above the grade and shall not be nearer than 10
feet to any lot line. Neither Zoning Board approval nor the obtaining
of a permit is required.
(3)
In vehicle service stations or public garages, each fuel pump may
carry lettering indicating the brand name and type of fuel dispensed,
and fuel price signs as required by state or federal legislation,
provided that the lettering of any device carrying the lettering does
not extend beyond the extremities of the pump. Neither Zoning Board
approval nor the obtaining of a permit is required.
[Amended 11-28-2018 by L.L. No. 1-2018]
E.
Temporary signs used in connection with the sale, rental or improvement
of real property shall be located on the premises to be sold, rented
or improved. Such signs shall not exceed two signs of 16 square feet
and each shall not be closer than 10 feet to any lot line, shall not
project more than six feet in height above the grade and shall be
removed within 24 hours after the time of the sale, rental or improvement.
No such signs shall be erected unless a permit has first been obtained
therefor from the Building Inspector, and it shall be valid for a
period of 12 months and may thereafter be renewed.
F.
One nonilluminated sign not exceeding 16 square feet in area, denoting
the architect, engineer or contractor, may be placed on the premises
where construction, repair or renovation is in progress. Such sign
shall not project more than eight feet in height above the grade and
shall not be nearer than 10 feet to any lot line. Such sign shall
require the approval of and a permit from the Building Inspector,
which shall be valid for a period of not more than six months and
may thereafter be renewed.
[Amended 11-28-2018 by L.L. No. 1-2018]
G.
Temporary signs advertising or calling attention to coming events,
special sales, contests or promotional activities and devices, posters,
signs and banners of a temporary nature and also permanent signs,
posters, banners, decals, etc., calling attention to associations
with credit groups, compliance with standards, affiliation with premium
stamps, promotional activities, etc., may be exhibited only if inside
any window area of a building, provided that the aggregate area of
such signs, posters, banners, etc., does not exceed 40% of the area
of the window in which they are exhibited. Neither Zoning Board approval
nor the obtaining of a permit is required.
[Amended 8-26-1992]
H.
Temporary signs used in connection with specified civic activities
or events shall be permitted as follows: the applicant shall deposit
$50 for each requested sign, and said signs are subject to the approval
of the Building Inspector. Said signs shall not exceed 16 square feet
in size, and each sign shall not be closer than 10 feet to any lot
line nor project more than six feet in height above grade and shall
be removed within 48 hours after the specified activity or event.
If said signs are not removed within 48 hours after the event, the
applicant shall automatically forfeit the deposit for each said sign,
and the Building Inspector shall remove the signs.
I.
Signs which support the election of any individual or which recommends
the manner of voting on a particular matter shall be considered to
be temporary signs. Two such signs may be placed or erected per 100
feet of road frontage, but not to exceed four signs on any single
tax parcel. No such sign shall exceed 16 square feet in total sign
area, inclusive of two-sided signs, shall be ground mounted, shall
be placed no closer than 10 feet to any lot line, shall not project
more than six feet in height above grade, and shall not be placed
in any public rights-of-way or be placed so as to obstruct or impair
the vision of motorists. Such signs may be placed or erected on any
lot not earlier than 30 days prior to the actual date established
by the federal, state, county or municipal governmental agency conducting
such primary, general or special election, and shall be removed within
one week after such election date. The owner of the property shall
consent to the erection of any such temporary sign and shall be responsible
for its removal. Neither board approval nor the obtaining any permit
shall be required.
[Added 8-26-1992; amended 2-26-2003 by L.L. No. 5-2003; 11-28-2018 by L.L. No. 1-2018; 3-24-2021 by L.L. No. 1-2021]
[Added 12-13-1995 by L.L.
No. 9-1995]
Certain types of signs are prohibited in the Erie Canal Corridor, as outlined in § 300-42.
[Added 12-13-1995 by L.L.
No. 9-1995]
The Zoning Board of Appeals shall have the authority to vary the provisions of this chapter pursuant to Chapter 300, Zoning, of the Code of the Town of Ogden.
[Amended 12-13-1995 by L.L. No. 9-1995[1]]
A.
Any person
who violates this chapter shall, upon conviction, be subject to a
fine of not more than $250 or to a term of imprisonment not to exceed
15 days, or both.
B.
Civil
penalty. Any person or entity who shall violate any of the provisions
of this chapter or any order promulgated hereunder shall be subject
to a civil penalty enforceable and collectible by the Town in the
amount of $100 for each day the violation continues. Such penalty
shall be collected by and in the name of the Town for each day that
such violation shall continue.
C.
Injunction.
In addition to the civil penalties provided above, the Town Board
may maintain an action or proceeding in the name of the Town to compel
compliance with or restrain the violation of this chapter.
