The purpose of this chapter is to regulate signs in the Town
of Oneonta in order to enhance property values, encourage commerce,
improve safety and traffic flow and preserve the scenic and natural
beauty of the Town. The regulations herein are intended to promote
attractive signs that clearly present the visual message in a manner
that is compatible with its surroundings. No regulation in this chapter
is intended as limiting the written or representational matter on
the sign.
As used in this chapter, the following terms shall have the
meanings indicated:
BACK-TO-BACK SIGN
A double-faced sign with two panels which are identical in
size and content or a V-type sign, each panel of which is identical
in size and content and forms an angle at the vertex of less than
5°.
COPY-CHANGE SIGN
A sign on which the visual message may be periodically changed.
DIRECTIONAL SIGN
A sign limited to providing information on the location of
an activity, business or event.
ELECTRONIC SIGN
A sign that changes its message or copy at intervals by programmable
electronic, digital, or mechanical processes or by remote control.
[Added 10-11-2017 by L.L.
No. 5-2017]
ERECT
To construct, reconstruct, alter, build, raise, assemble,
place, fix, affix, attach, create, paint, draw, post, display, or
in any way bring into being or establish. The term shall not include
ordinary/customary maintenance.
[Added 10-11-2017 by L.L.
No. 5-2017]
FACADE
The vertical front or main surface of a building and all
surfaces on the structure parallel or nearly parallel to said surface.
Such surfaces include solid walls, doors and windows, porches, billboards
and roofs. Normally, a building will have only one facade, which will
be the wall facing the street.
[Amended 10-11-2017 by L.L. No. 5-2017]
FREESTANDING SIGN
Any sign not attached to or part of any building, but separately
and permanently affixed by any other means, in or upon the ground.
Included are pole signs, pylon signs and masonry wall-type signs.
ILLUMINATED SIGN
Any sign illuminated by electricity, gas or other artificial
light either from the interior or exterior of the sign. Illumination
includes reflective and phosphorescent light.
MODIFY
To alter or change a sign in any manner that prolongs the
useful life of the sign, including, but not limited to, the following:
[Added 10-11-2017 by L.L.
No. 5-2017]
A.
Raising or lowering a sign.
B.
Changing the location of a sign.
C.
Changing the materials of a sign.
D.
Changing the dimensions of a sign (length, width, height, depth,
number of faces, or clearance between the bottom of the sign and the
ground on which it is standing).
E.
Adding lighting to a sign.
F.
Replacing a dismantled sign.
G.
Adding bracing, guy wires or other reinforcing devices which
would prolong the useful life of the sign.
H.
Moving the existing sign.
OFF-PREMISES SIGN
A sign unrelated to a business or a profession conducted
or to a commodity or service sold or offered upon the premises where
such sign is located.
[Amended 10-11-2017 by L.L. No. 5-2017]
PORTABLE SIGN
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign.
PROJECTING SIGN
A sign which is attached to the building wall or structure
and which extends horizontally more than 18 inches from the plane
of such wall or a sign which is perpendicular to the face of such
wall or structure.
REPRESENTATIONAL SIGN
A three-dimensional sign built so as to physically represent
the object advertised.
SANDWICH BOARD
A freestanding portable sign consisting of two rigid boards
connected.
[Amended 10-11-2017 by L.L. No. 5-2017]
SIGN
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out-of-doors or on
the exterior of any building, or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, misrepresentation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when such is placed in view of the general public.
SIGN DIRECTORY
A listing of two or more business enterprises, consisting
of a matrix and sign components.
SIGN STRUCTURE
The supports, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or projections thereof
exceeds 30°, each side shall be considered a separate "sign structure."
SIGN SURFACE AREA
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background or part of the display. With
the exception of back-to-back signs, all faces of a multi-faced sign
shall be included in calculating total sign surface area.
TEMPORARY SIGN
A sign used for no more than 30 days and related to a single
activity or event.
WALL SIGN
A sign which is painted on or attached to the outside wall
of a building with the face of the sign in the plane parallel to such
wall and not extending more than 15 inches from the face of such wall.
WINDOW SIGN
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, or located inside
within four feet of the window, but not including graphics in connection
with customary window display of products.
All permanent signs, including permanent exempt signs as listed
below, shall conform to the following requirements:
A. All signs shall be constructed of materials of such quality and workmanship
as will withstand wind and weather so as not to present a hazard to
persons or property. All signs shall be maintained in a safe, presentable
and good structural condition by either replacement of defective parts,
painting or replacement of deteriorated surfaces or any other action
deemed necessary for proper maintenance of the sign.
B. No sign, sign support or light for a sign shall be affixed to or
suspended over a right-of-way of a public road, temporarily or permanently.
No sign shall be suspended less than eight feet above a walkway.
C. Lights directed on or constituting part of sign shall not cause a
glare or nuisance to pedestrians, neighbors or vehicular traffic.
Applications for sign permits shall be made in writing to the
Code Enforcement Officer on forms prescribed and provided by the Town.
Sign permits shall be issued by the Code Enforcement Officer.
A. Contents of application. Each application shall contain the following
information:
(1) Name, address and telephone number of the applicant and owner of
the property.
(2) Location of the building, structure or lot upon which the sign is
to be located.
(3) Elevation and plan drawings to scale and a full description of the
placement and appearance of the proposed sign, including:
(a)
Location on the premises; specifically, the position of the
sign in relation to adjacent buildings, structures and property lines.
(b)
Method of illumination, if any, and the position of lighting
or other extraneous devices.
(c)
Materials and structural design.
(4) Proof of liability insurance covering the sign.
(5) Written consent of the property owner or a copy of the contract made with the owner of the property on which the sign is to be erected, if the applicant is not the owner. Such documents shall include acknowledgement of the property owner's responsibilities for cost of sign removal as specified in §
76-6L.
B. Application fees. A fee, which will be fixed by the Town Board at
the time of adoption of this chapter and fixed periodically, shall
accompany each application for a sign permit. The fee for an applicant
for a sign permit who has constructed or erected the sign prior to
applying and receiving approval for the sign permit shall be greater
than the fee charged to an applicant who has not constructed or erected
the sign prior to receiving permit approval.
A special permit to exceed the restrictions as set forth in
this chapter may be granted by the Town Zoning Board of Appeals if
in its judgment it finds that the use for which such permit is sought
will not, in the circumstances of the particular case and under any
condition that the Board considers to be necessary or desirable, be
injurious to the area or otherwise detrimental to the public welfare.
The Board shall impose any conditions which it deems necessary to
protect the area. The Board, shall deny applications for a special
permit which in its judgment would prove detrimental to adjacent property.
The Board on application and after public notice and hearing, may
issue a permit complying with the general standards set forth as follows:
A. That the chapter causes unique hardship because of the physical nature
(i.e., size, shape, location or topography) of the lot upon which
the sign is to be erected.
B. Each special permit use must comply generally with regulations of
this chapter, for the district within which it is to be located.
C. Each special permit use shall be of such character, intensity, size
and location that it will be in harmony with orderly development of
the district in which it is to be located.