[Added 8-7-2017 by L.L.
No. 12-2017]
 Source: Signage Made Simple — Monmouth, NJ County Planning
Board
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This article shall be known and cited as the "Town of Ithaca
Sign Law."
This article is enacted to guide and regulate signs to promote
the public health, safety and welfare as follows:
A.
Provide minimum standards by regulating and controlling the number,
size, design, quality of materials, construction, location, electrification,
and maintenance of all signs and sign structures.
B.
Encourage signs and graphics that are compatible with the surrounding
natural and built environments.
C.
Reduce the hazards of sign obstruction and distractions and improve
traffic safety.
D.
Create a more attractive business climate.
E.
Conserve the value of buildings and properties.
F.
Protect and enhance the Town's aesthetic environment and appearance,
including scenic views.
G.
Preserve the right of free speech and expression in the display of
signs.
H.
Provide for the orderly and reasonable elimination of existing signs
that are not in conformance with this chapter.
A.
The provisions of this article shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. In the case of conflicts between this article and other articles in Chapter 270, Zoning, the provisions of this article shall apply. In the case of conflicts between this article and other chapters of the Town Code, the more stringent provision shall govern.
The following signs and displays shall be prohibited in all zoning districts, as established pursuant to Chapter 270, Zoning, except as otherwise permitted in this article:
A.
Off-premises signs.
B.
Animated signs and all electronic message centers (animated and nonanimated),
including signs with blinking, flashing, strobe, chasing or alternating
color lights or moving parts or messages.
C.
Graphics that physically or visually impair vehicular or pedestrian
traffic by design, lighting, or placement.
D.
Pennants, valances, ribbons, spinners, streamers, searchlights, string or festoon lights, exposed luminous or fiber optic tubing [except in windows as specified in § 270-256F(4)] neon lights, balloons or similar devices shall not be part of an exterior or window sign, or used for advertising or attracting attention.
E.
Signs with phosphorescent, fluorescent, or reflective material or
paint.
F.
Signs placed, wholly or in part, on, over, or above any roof, building,
marquee or other structure unless specifically permitted by this article.
G.
Any sign which could be mistaken or confused with a traffic control
signal or device or official public information sign.
H.
Copy-change signs, except as specifically permitted in this article.
I.
Signs on surfaces that are not flat and are not attached to a building,
and sign symbols that are not attached to a building.
J.
All signs not expressly permitted by this article.
A.
The following signs are exempt from the requirements of this article:
(1)
Public safety and public emergency signs.
(2)
Signs that are required by law, statute, ordinance or regulation,
but the exemption shall extend only to the aspect(s) of the sign,
such as size, height or location, that do not meet the requirements
of this article and that are mandated (not merely permitted) by the
law, statute, ordinance or regulation. All other aspects of the sign
are subject to the requirements of this article.
After the effective date of this article, sign permits are required
for the following:
The following are pictorial descriptions of the types of signs that are described in this article. Chapter 270, Article III, Terminology, contains definitions of these types of signs.
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Awning
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Banner
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Copy-Change Sign
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Canopy
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Marquee
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Freestanding/Monument Sign
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Projecting Sign
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Wall Sign
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Window Sign
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Backlit Sign
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Externally Lit Sign
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Internally Lit Sign
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Non-Flat Surface Signs
(e.g., 3-Dimensional)
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A.
Freestanding, wall, projecting, awning, canopy and window signs and
banners and flags are permitted as principal and accessory uses and
structures as specified below.
[Amended 3-23-2020 by L.L. No. 2-2020]
B.
Unless otherwise specified below, signs may not be internally illuminated.
C.
Freestanding signs shall not exceed six feet in height.
E.
Notwithstanding Subsection D above:
(1)
In Multiple Residence Zones, signs up to 36 square feet in the
aggregate on any one parcel are permitted. No one sign shall be larger
than 24 square feet in area.
(3)
Signs that meet all of the following criteria shall not count towards the aggregate square footage of signs allowed on any one parcel set forth in Subsection D above or in Subsection E(5) below: the signs are nonilluminated, they do not exceed six square feet in area per sign, they do not exceed six feet in height, and they are placed at least 150 feet from any public right-of-way and the lot line of any adjoining owner.
(4)
Banners up to 24 square feet in area are permitted, provided
that they are at least 500 feet from a public right-of-way and from
the lot line of any adjoining owner, all corners are attached to poles
by grommets or pole pockets, and the banners are made of heavyweight
fabric or have air slits.
(5)
Flags up to 40 square feet in area in the aggregate that are
flown on one building-mounted and/or one freestanding flagpole on
any one parcel are permitted. The maximum height of the freestanding
flagpole shall be 30 feet, and the minimum setback for the freestanding
flagpole from any public right-of-way and from the lot line of any
adjoining owner shall equal the height of the pole.
(6)
If the square footage of all principal buildings on a parcel
exceeds 8,000 square feet:
(a)
Signs up to 32 square feet in the aggregate are permitted, and
no one sign shall be larger than 24 square feet in area.
(b)
In addition, signs up to 100 square feet in the aggregate on
any one parcel are permitted for signs that are located at least 500
feet from a public right-of-way; no one such sign shall be larger
than 50 square feet in area.
F.
Wall signs.
(1)
Wall signs shall not extend beyond the ends or over the top
of the wall to which they are attached.
(2)
Wall signs shall not extend more than nine inches from the face
of the building to which they are attached.
(3)
Any part of a sign extending over pedestrian traffic areas shall
have a minimum clearance of seven feet six inches above the walking
surface.
G.
Projecting signs.
(1)
A projecting sign panel or sign symbol may extend three feet
maximum from the building face.
(2)
No part of a projecting sign shall extend into vehicular traffic
areas, and any part over pedestrian traffic areas shall have a minimum
clearance of seven feet six inches above the walking surface.
(3)
Projecting signs shall not be of the copy-change type.
(4)
The top of a projecting sign shall be no higher than 12 feet
from the ground.
H.
Awning and canopy signs.
[Amended 3-23-2020 by L.L. No. 2-2020]
(1)
Awning
and canopy signs may be located no further than six feet from the
facade of the building to which they relate.
(2)
No
sign shall project or be suspended from an awning or canopy.
(3)
Awning
and canopy signs shall be completely within the outer edges of such
awning or canopy.
(4)
Awning
and canopy graphics, including symbols and lettering, may be painted
or affixed flat to the surface of the front or sides. Any lettering
on an awning shall be a single line of lettering with a maximum height
of six inches. Canopy signs may have more than one row of lettering,
with a maximum lettering height of six inches and a maximum canopy
sign area of eight square feet.
(5)
No
part of an awning or canopy sign shall extend into vehicular traffic
areas, and any part over pedestrian traffic areas shall have a minimum
clearance of seven feet six inches above the walking surface.
I.
Signs shall be located outside of a public right-of-way, in no case
be located between the sidewalk and the street, and shall be placed
no closer than 15 feet from a side lot line.
A.
Freestanding, wall, projecting, awning, window, copy-change signs
and banners and flags are permitted as principal and accessory uses
and structures as specified below.
B.
Unless otherwise specified below, signs may not be internally illuminated.
C.
Freestanding signs shall not exceed six feet in height.
E.
Notwithstanding Subsection D above:
(2)
Banners up to 24 square feet in area are permitted, provided
that they are at least 500 feet from a public right-of-way and from
the lot line of any adjoining owner, all corners are attached to poles
by grommets or pole pockets, and the banners are made of heavyweight
fabric or have air slits.
(3)
Flags up to 40 square feet in area in the aggregate that are
flown on one building-mounted and/or one freestanding flagpole on
any one parcel are permitted. The maximum height of the freestanding
flagpole shall be 30 feet, and the minimum setback for the freestanding
flagpole from any public right-of-way and from the lot line of any
adjoining owner shall equal the height of the pole.
(4)
If the square footage of all principal buildings on a parcel
exceeds 8,000 square feet:
(a)
Signs up to 32 square feet in the aggregate are permitted, and
no one sign shall be larger than 24 square feet in area.
(b)
In addition, signs up to 100 square feet in the aggregate on
any one parcel are permitted for signs that are located at least 500
feet from a public right-of-way; no one such sign shall be larger
than 50 square feet in area.
F.
Wall signs.
(1)
Wall signs shall not extend beyond the ends or over the top
of the wall to which they are attached.
(2)
Wall signs shall not extend more than nine inches from the face
of the building to which they are attached.
(3)
Any part of a sign extending over pedestrian traffic areas shall
have a minimum clearance of seven feet six inches above the walking
surface.
G.
Projecting signs.
(1)
A projecting sign panel or sign symbol may extend three feet
maximum from the building face.
(2)
No part of a projecting sign shall extend into vehicular traffic
areas, and any part over pedestrian traffic areas shall have a minimum
clearance of seven feet six inches above the walking surface.
(3)
Projecting signs shall not be of the copy-change type.
(4)
The top of a projecting sign shall be no higher than 12 feet
from the ground.
H.
Awning signs.
(1)
Awning signs may be located no further than six feet from the
facade of the building to which they relate.
(2)
No sign shall project or be suspended from an awning.
(3)
Awning signs shall be completely within the outer edges of such
awning.
(4)
Awning graphics, including symbols and lettering, may be painted
or affixed flat to the surface of the front or sides. Any lettering
shall be a single line of lettering with a maximum height of six inches.
(5)
No part of an awning sign shall extend into vehicular traffic
areas, and any part over pedestrian traffic areas shall have a minimum
clearance of seven feet six inches above the walking surface.
J.
Signs shall be located outside of a public right-of-way, in no case
be located between the sidewalk and the street, and shall be placed
no closer than 15 feet from a side lot line.
A.
Freestanding, wall, projecting, marquee, awning, canopy and copy-change
signs are permitted as principal and accessory uses and structures
as specified below upon receipt of a sign permit.
B.
One wall sign or one projecting sign on each building or store/establishment
frontage, and one freestanding sign are permitted. If an establishment
has entrances for vehicular traffic on more than one public right-of-way,
two freestanding signs are permitted. All freestanding and wall signs
shall meet the placement and area requirements listed below.
C.
In the case of multi-use or multi-tenant facilities, one freestanding
sign shall be allowed for the development as a whole, regardless of
the number of separate establishments or tenants. If such multi-use
or multi-tenant facility has entrances for vehicular traffic on more
than one public right-of-way, two freestanding signs are permitted.
Each line of a multi-use or multi-tenant sign shall contain information
pertaining to only one use or tenant.
D.
In Office Park Commercial Zones, signs that meet all of the following criteria shall not count towards the number of signs allowed in Subsections B and C above: the signs are non-illuminated, they do not exceed six square feet in area per sign, they do not exceed six feet in height, and they are placed at least 150 feet from any public right-of-way and the lot line of any adjoining owner.
E.
In all Commercial and Industrial Zones, up to four freestanding signs that meet both of the following criteria shall not count towards the number of freestanding signs allowed in Subsections B and C above: the signs do not exceed four square feet in area per sign, and they do not exceed four feet six inches in height.
F.
Permitted sign dimensions and other criteria in Commercial and Industrial
Zones are as follows:
(1)
Freestanding signs.
(a)
Freestanding sign panels shall have no more than two faces.
(c)
For road speed limits over 35 miles per hour:
[1]
Single-tenant signs may be up to 16 feet tall, with a maximum
area of 32 square feet.
[2]
Multi-tenant signs may be up to 16 feet tall, with a maximum
area of 50 square feet. No part of a freestanding sign shall extend
into vehicular traffic areas, and any part extending over pedestrian
traffic areas shall have a minimum clearance of seven feet six inches
above the walking surface.
(d)
Freestanding signs shall be located outside of the public right-of-way,
and shall be no closer than 15 feet from a side lot line. No part
shall extend over a sidewalk.
(2)
Wall signs.
(a)
The maximum area of wall sign graphics shall be one square foot
for each linear foot of building frontage occupied by the enterprise
on which the sign is placed.
(b)
Wall signs shall not extend beyond the ends or over the top
of the wall to which they are attached.
(c)
Wall signs shall not extend more than nine inches from the face
of the building to which they are attached.
(d)
Any part of a sign extending over pedestrian traffic areas shall
have a minimum clearance of seven feet six inches above the walking
surface.
(3)
Projecting signs.
(a)
The maximum area of a sign panel or symbol shall be 15 square
feet.
(b)
A projecting sign panel or sign symbol may extend three feet
maximum from the building face.
(c)
No part of a projecting sign shall extend into vehicular traffic
areas, and any part over pedestrian traffic areas shall have a minimum
clearance of seven feet six inches above the walking surface.
(d)
The top of a projecting sign shall be no higher than 12 feet
from the ground.
(e)
Projecting signs may be of the copy-change type if they are
marquees and meet the marquee requirements specified in this article.
(4)
Window signs are permitted, provided that they meet the standards
of the applicable New York State Uniform Fire Prevention and Building
Code.
(a)
Exposed luminous tubing or similar window signs shall consist
of no more than two rows, the lettering shall not exceed six inches
in height per row, and the entire sign shall not exceed three-fourths
of the window width or six square feet, whichever is less.
(5)
In lieu of any one or more of the wall, projecting or freestanding
signs permitted above, one or more marquee, awning or canopy sign
may be substituted instead, provided that:
(a)
Such marquee, awning or canopy sign is located no further than
six feet from the facade of the building to which it relates.
(c)
No sign shall project or be suspended from a marquee, canopy
or awning.
(d)
Marquee, canopy and awning signs shall be completely within
the outer edges of such marquee, canopy or awning.
(e)
Copy-change marquees are permitted as long as the copy-change
portion is not internally illuminated.
(f)
For each linear foot of marquee perimeter, the maximum area
of graphics shall be one square foot.
(g)
Canopy or awning graphics, including symbols and lettering,
may be painted or affixed flat to the surface of the front or sides.
(h)
Canopy or awning lettering shall be a single line of lettering
with a maximum height of six inches.
(i)
No part of a marquee, awning or canopy sign shall extend into
vehicular traffic areas, and any part over pedestrian traffic areas
shall have a minimum clearance of seven feet six inches above the
walking surface.
[Added 11-9-2020 by L.L.
No. 6-2020]
In an NT-3, NT-4, NT-4u, or NT-5 zone, New Neighborhood Code
requirements for signs apply. (See § 272-507.)
Unless otherwise specified in this article, all illuminations shall meet the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code.
A.
Internally lit signs.
(1)
Internally illuminated signs must be constructed with an opaque
or dark-colored background and translucent or light-colored text and
symbols.
(2)
Illumination for all internally lit signs shall be turned off
between the hours of 9:00 p.m. and 5:00 a.m., unless the business
is open or the activities are happening during those hours.
B.
Externally lit signs (e.g., direct illumination or backlit).
(1)
Top-mounted fixtures are required for all externally lit signs except for backlit signs. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of § 173-6 of the Outdoor Lighting Law.
(2)
Backlit signs are permitted, but the background surface on which
the light shines shall not be reflective.
(3)
Illumination for all externally lit signs in the Commercial
and Industrial Districts shall be turned off between the hours of
9:00 p.m. and 5:00 a.m., unless the business is open during those
hours. For Residential and Agricultural Districts, illumination shall
be turned off when the activity or special event ceases.
A.
Fabrication and attachment. All sign fabrication, erection, and attachment
shall conform to the requirements of the applicable New York State
Uniform Fire Prevention and Building Code and other applicable codes
and regulations.
B.
Electrical.
(1)
Lighting fixtures and wiring shall conform to the requirements
of the National Electrical Code and other applicable codes and regulations
and shall have the approval of an appropriate electrical inspection
person or agency, as determined by the Town.
(2)
Transformers, wires, and similar items shall be concealed.
(3)
All wiring to freestanding signs shall be underground.
A.
Maintenance. The owner or person, company or other entity having
control of a sign, and the owner of the lot on which such sign is
located, shall be jointly and severally liable to maintain such sign,
including its illumination sources and to prevent the development
of any rust, corrosion, rotting, or other deterioration in the physical
appearance of such sign. All signs, sign finishes, supports, and electrical
work shall be kept in a neat, clean, attractive appearance, in safe
condition, and in good working order at all times.
B.
Disused signs. Any sign, and any supports and electrical work, must
be removed within 30 days after the conclusion of the event to which
it refers, its purpose has been met, or the occupancy to which it
relates no longer exists, unless the Code Enforcement Officer determines
that such sign or portions thereof may be utilized by a subsequent
enterprise.
C.
Surface restoration. Upon removal of any wall sign, including signs
painted on walls, the surface area of the wall shall be restored to
an appearance substantially equivalent to the remaining portion of
the facade.
D.
Unsafe signs.
(1)
Unsafe signs shall be repaired or removed by the owner or person,
company or other entity having control of the sign, or the owner of
the lot on which the sign is located. In addition to other remedies
provided by this article or chapter, by New York Town Law § 268,
or by law or equity, Code Enforcement Officers may require removal
of unsafe signs pursuant to the procedures described in this subsection.
(2)
If the Code Enforcement Officer determines an unsafe sign to
be an actual danger to persons or property, such sign must be removed
within three days of receipt by the owner or person, company or other
entity having control of a sign, or by the owner of the lot on which
such sign is located, of the Town's written notice of removal.
(3)
If the sign is not removed within three days after notification,
the Town shall remove the sign at cost to the owner of the premises.
(4)
If it is determined by the Code Enforcement Officer that any
sign is a source of immediate peril or imminent danger to any person
or property, such sign may be removed summarily and without notice
by the Code Enforcement Officer at cost to the owner of the premises.
E.
Signs on public rights-of-way.
(1)
Signs placed on public rights-of-way that are not authorized
by, or that do not conform to, the provisions of this article create
unreasonable distractions to operators of motor vehicles; create confusion
with regard to traffic lights, signs and signals; impair visibility
of pedestrians and motor vehicles; distract from identification of
surrounding businesses and home-house numbering; and detract from
the aesthetic character of buildings, sites, districts and the Town
as a whole. The prompt removal of such signs will protect the health,
safety, and welfare of the community and prevent public nuisances.
(2)
In addition to other remedies provided by this article or chapter,
by New York Town Law § 268, or by law or equity, Code Enforcement
Officers are authorized to remove from Town public rights-of-way any
signs that are not authorized by, or do not comply with, the provisions
of this article. Upon receipt of written approval from Tompkins County,
Code Enforcement Officers are authorized to remove from county public
rights-of-way within the Town any signs that are not authorized by,
or do not comply with, the provisions of this article. Upon receipt
of written approval from the New York State Department of Transportation,
Code Enforcement Officers are authorized to remove from New York State
public rights-of-way within the Town any signs that are not authorized
by, or do not comply with, the provisions of this article.
F.
Signs on private or public property.
(1)
In addition to other remedies provided by this article or chapter,
by New York Town Law § 268, or by law or equity, the Town
may utilize the following procedure to remove from public property
(including public rights-of-way) and from private property any signs
that are not authorized by, or do not comply with, the provisions
of this article and that constitute a public nuisance or are dangerous
to the public health, safety and welfare.
(2)
The Code Enforcement Officer may order removal of such sign
by written notice to the owner or person, company or other entity
having control of the sign, or to the owner of the lot on which such
sign is located. The notice shall set forth a deadline by which such
removal must be completed if the sign does not come into compliance
with the requirements of this article by the deadline. Said notice
shall further advise that, should the violator fail to so act within
the established deadline, the sign removal may be performed by a designated
governmental agency or a contractor, with the expense thereof to be
charged to the violator and/or to become a lien against the premises.
(3)
Town's removal of signs.
(a)
If the sign is not removed or does not come into compliance with the requirements of this article within the period set forth in the Town's notice or Town Board's decision after any appeal thereof pursuant to Subsection F(3)(c) below, the Town may enter the premises to remove the sign or cause the removal to be performed. The Town's entry onto such premises shall be pursuant to an agreement between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may seek a warrant from a court of competent jurisdiction for access to the premises and/or may seek a court order requiring or authorizing all actions reasonably necessary to remove the sign, with the costs of such actions the sole responsibility of the violator.
(b)
The Town shall present the landowner with a bill for all costs
and expenses incurred by the Town in connection with the sign removal.
If the landowner shall fail to pay such costs and expenses within
15 days after the demand for same, or within 30 days of the final
decision on any administrative or judicial contest the landowner may
pursue, then such unpaid costs, expenses and interest (at the statutory
interest rate for money judgments in New York State courts) incurred
from the date of the sign removal shall constitute a lien upon the
land on which such removal was undertaken. A legal action or proceeding
may be brought to collect such costs, expenses, interest, and recoverable
attorney's fees, or to foreclose such lien. As an alternative to the
maintenance of any such action, the Town may file a certificate with
the Tompkins County Department of Assessment stating the costs and
expenses incurred and interest accruing as aforesaid, together with
a statement identifying the property and landowner. The Tompkins County
Department of Assessment shall in the preparation of the next assessment
roll assess such unpaid costs, expenses and interest upon such property.
Such amount shall be included as a special ad valorem levy (administered
as a move tax) against such property, shall constitute a lien, and
shall be collected and enforced in the same manner, by the same proceedings,
at the same time, and under the same penalties as are provided by
law for collection and enforcement of real property taxes in the Town
of Ithaca. The assessment of such costs, expenses and interest shall
be effective even if the property would otherwise be exempt from real
estate taxation.
(c)
Appeals of notices and Town bills. Any person receiving a notice
to remove a sign, or a bill for Town costs and expenses, may appeal
to the Town Board, within 15 days of receipt of such notice or bill,
by delivering to the Town Clerk at the Town offices an appeal requesting
a reconsideration and administrative hearing before the Town Board.
Such appeal shall state the basis for the request for reconsideration
and shall be accompanied by any supporting materials. Failure to serve
such an appeal within 15 days shall be deemed a waiver of any claim
or defense that the notice or bill is not justified, and the violator
shall comply with the requirements of the notice or pay the bill.
If the appeal is timely filed, the Town Board shall, within 40 days
of the filing, hold a hearing and, based upon any relevant materials
presented by the Town and the appellant, shall issue a resolution
deciding the appeal within 30 days after the hearing. Such resolution
shall be filed with the Town Clerk, who shall arrange for delivery
of a copy of the decision to the appellant within five days after
such filing, at the address for such person designated in the appeal
or at such other address as the appellant may thereafter designate
in writing to the Town Clerk. The Town Board's decision after the
hearing shall constitute a final agency action.
G.
Nonconforming signs.
(1)
Existing portable signs, banners, and flags that are nonconforming
with the provisions of this article shall be brought into conformance
or removed within 90 days of the date of the adoption of this article.
(2)
Except as otherwise provided in Subsection G(1) above or elsewhere in this article, the lawful use of any sign existing at the date of the adoption of this article may be continued even though such sign does not conform to the provisions herein.
(3)
Sign permits are required for all nonconforming signs that come into compliance with the requirements of this article, if the sign requires a permit pursuant to § 270-251. A nonconforming sign may not be otherwise changed unless the Zoning Board of Appeals grants a variance and a sign permit is issued. When a nonconforming sign is in need of substantial repair (including replacement), as determined by the Code Enforcement Officer, the sign shall be made to come into compliance with the requirements of this article or be removed, unless a variance is granted by the Zoning Board of Appeals and a sign permit is issued.
(4)
The use of a nonconforming sign shall terminate within 30 days
after the conclusion of the event to which it refers, its purpose
has been met, or the occupancy to which it relates no longer exists.
No nonconforming sign shall be reinstated except by variance granted
by the Zoning Board of Appeals.
(5)
Temporary removal of a nonconforming sign for painting or other
normal maintenance shall be limited to a period of 30 days.
A.
Purpose. The following design guidelines are provided to encourage
and direct appropriate and compatible materials, illumination and
placement of proposed signs. In general, sign design shall be consistent
with the purpose and intent of this article.
B.
Sign review criteria.
[Amended 2-8-2021 by L.L. No. 2-2021]
(1)
Except as provided in Subsection B(3) below, all signs that require permits are subject to design review by the Director of Planning or their designee, who shall make a recommendation to the Code Enforcement Officer prior to the issuance of any sign permits.
(2)
The Director of Planning or their designee shall consider the
following criteria to make their recommendation on the acceptability
of the proposed signs as to design, materials, illumination, placement,
and size:
(a)
Signs should be legible in the circumstances in which they are
seen and layout should be orderly.
(b)
Freestanding signs should be designed to be compatible with
their surroundings and appropriate to the architectural character
of the buildings near which they are placed. Sign panels and graphics
on buildings should relate with and not cover architectural features
or details and should be sized in proportion to them.
(c)
Illumination should be appropriate to the character of the surroundings
and shall be in accordance with the Town's Outdoor Lighting Law.
(d)
Monument signs are preferable to pole signs. Pole signs should
be as low to the ground as practical.
(f)
Landscaping should be installed and maintained at the base of
a freestanding sign if such landscaping would improve the overall
appearance of the sign.
(3)
When the Director of Planning's design review results in a recommendation that the sign permit should be denied, instead of sending their recommendation to the Code Enforcement Officer, the Director of Planning shall instead refer the proposed sign to the Planning Board for design review and a Planning Board recommendation to the Code Enforcement Officer. The Planning Board shall make its recommendation to the Code Enforcement Officer on the acceptability of the proposed sign after considering the criteria in Subsection B(2)(a) through (f) above.
The entire face of a sign on a flat surface, without supports,
shall be included in measuring sign area. When a sign on a flat surface
consists of individual letters, numbers, symbols, or other characters,
its area shall include the area of the smallest rectangle that can
encompass all of the letters, numbers, symbols, and characters. (See
Sign Area Computation Chart below.)
A.
When a sign consists of two or more flat surface faces, only one
face of the sign shall be used in computing the sign area, if the
faces are parallel to and within 12 inches of each other. Otherwise,
all faces of the sign shall be used to compute the sign area.
B.
The area of a sign on a surface that is not flat, and the area of
a sign symbol (e.g., a barber pole), shall be computed as the area
of the smallest rectangle that can encompass the largest viewable
surface that is visible from any one point of view (See Sign Area
Computation Chart below.) Supports and mounts shall not be included
in the computation.
C.
The only permissible additions to a sign are hanging shingles or
smaller signs that extend or are located below and cumulatively are
less than the main sign area. The area of each hanging shingle or
smaller sign shall be measured separately from, and added to, the
area of the main sign to determine the total sign area. Spaces between
additions or between an addition and the main sign shall not be included
in the measurement of sign area.
D.
The cumulative area of sign bases, supports, and decorative elements
shall not exceed 1.5 times the maximum allowable sign area for the
zoning district in which the sign is placed. Terracing or additional
stonework, pillars, or other structures that are not integrally part
of a sign are not considered supports.
E.
The height of a sign and its supports shall be measured from the
highest point of the natural grade to the top of the sign.
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Sign Area Computation Chart
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A.
No sign requiring a permit pursuant to 270-251 shall be erected, moved or altered, unless and until a sign permit for such work has been obtained. No sign permit is necessary for maintenance or repair of such a sign, provided that the sign is reinstalled in the same location, its dimensions, height, design and color scheme remain unchanged, and it does not contain any of the prohibited materials or paints listed in § 270-249E.
B.
Applications for sign permits, on forms provided by the Town, shall
be submitted to the enforcement official.
C.
Applications shall have attached thereto the following information
and material:
(1)
Application fee as set from time to time by Town Board resolution.
(2)
Information as listed on the application form.
(3)
Drawings at an appropriate scale that adequately show the design,
dimensions, and colors of the graphics and sign structure, details
of any illumination sources, and placement of the sign relative to
the building or structure on which it is located and/or in relation
to nearby buildings, structures, street lines and property lines.
D.
The Code Enforcement Officer shall issue a permit, issue a permit
with conditions, or deny the permit within 30 days after receipt of:
a complete application, the recommendation from the Director of Planning
or (where applicable) the Planning Board, and decisions on any necessary
approvals and/or variances by the Planning Board and Zoning Board
of Appeals. In making their decision on the sign permit, the Code
Enforcement Officer shall consider:
[Amended 2-8-2021 by L.L. No. 2-2021]
(1)
Whether the proposed sign is in conformance with all requirements
of this article and has received all necessary approvals and/or variances
from the Planning Board and Zoning Board of Appeals;
(2)
The recommendation from the Director of Planning or Planning
Board; and
(3)
The criteria in § 270-260B(2)(a) through (f) above.
E.
If a sign authorized by a permit is not completed and in place within
one year, said permit will expire.
F.
[1]
Editor's Note: Former Subsection G, which provided that the
enforcement official shall issue a certificate of compliance for any
sign upon completion of the sign installation or alteration in compliance
with its permit and any Planning Board or Zoning Board of Appeals
approvals, which immediately followed this subsection, was repealed 2-8-2021 by L.L. No. 2-2021.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remaining portions hereof, but shall be confined to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
