Local Law No. 1 of 2014 shall be known as the "Sign Law" of
the Town of Lansing (hereinafter the, or this, "chapter").
The intent and purpose of this chapter is to establish specifications,
procedures, and rules for signs in the Town of Lansing, excluding
the Village of Lansing. Compliance with these regulations will permit
proper identifications of businesses and important local facilities
and buildings, preserve and enhance the visual quality of the area,
and prevent installations which are particularly distractive and hazardous
to vehicular or pedestrian traffic.
As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURAL SIGN DISTRICT
The R3 and RA land use area classifications as established and mapped in and by Chapter
270, Zoning, of the Code of the Town of Lansing.
BANNER
A type of flag, not an emblem of a government or institution,
with graphics that are purely decorative or that identify, advertise,
or convey commercial information.
BILLBOARD or OFF-PREMISES SIGN
Any outdoor sign that directs attention to a business, commodity,
activity, service, or product not conducted, sold, or offered upon
the premises where such sign is located.
COMMERCIAL ACTIVITY
An establishment, activity, or use that provides goods, merchandise,
services, resources, or entertainment to the general public for gain.
COMMERCIAL SIGN DISTRICT
The B1, B2, and IR land use area classifications as established and mapped in and by Chapter
270, Zoning, of the Code of the Town of Lansing.
DARK SKY
Refers to the dark-sky standards for lighting and luminaires,
generally designed to provide for glare-free, downward directed, and
shielded lighting as promotes the dark-sky standards of the International
Dark-Sky Association (IDA), Tucson, Arizona, including, for example,
meeting the goals and standards expressed in the "Outdoor Lighting
Ordinance and Community Standards" Information Sheet No. 172, and
the IDA "Outdoor Lighting Code Handbook."
ELECTRONIC MESSAGE DISPLAY SIGN
A sign that utilizes computer-generated data or some other
electronic means to display messages through the use of light, including
through flashing, intermittent, rotating, or moving light, or light
that has the appearance of flashing, moving, or scrolling. Common
examples would be LCD and LED signage.
ENFORCEMENT OFFICER
The Town Code Enforcement Officer, the Town Building Inspector,
and any other person appointed by the Town Board to represent the
Town in particular matters pertaining to this chapter.
EXEMPT SIGN
A sign which may be erected or placed without a sign permit
or a site plan review under the provisions of this chapter.
FREESTANDING SIGN
Any sign or sign structure not attached to the exterior of
a building.
ILLUMINATED SIGN
Any sign illuminated, spotlighted, or lit by electricity,
gas, or other artificial or concentrated light source, including,
but not limited to, reflective, luminescent, or phosphorescent light,
whether originating from outside the body of the sign or from within
or behind it. Illuminated signs shall include electronic message display
signs.
INSTITUTION
An organization established to serve a social, educational,
or religious purpose. Common examples would be hospitals, schools,
or churches.
NONCONFORMING SIGN
A lawfully existing sign as of the effective date of adoption
of this chapter, or any subsequent amendment hereto, that does not
conform to the requirements of this chapter; but not including off-premises
signs.
ON-PREMISES SIGN
A sign related to any activity, business, profession, service,
or commodity provided, sold, or offered upon the premises where such
sign is located.
PLANNED SIGN AREA
A geographical unit in which a coordinated design for visual
communication is approved through a site plan review process, consisting
mainly of a sign development plan.
POLITICAL SIGN
A sign which:
A.
Advertises, supports, or opposes any one or more persons for
public elective offices or a political party;
B.
Expresses an opinion upon, or urges a particular vote or action
upon, a social, political, or public issue.
C.
Conveys one's views on worship, ethics, philosophy of life,
or similar beliefs.
PORTABLE OR MOBILE SIGN
Any sign or sign structure not permanently affixed to the
ground or to the exterior of a building. A common example includes
a temporary sign mounted upon a trailer.
PREMISES
A lot or parcel identified as a Tax Map parcel by the Tompkins
County Assessment Department that is located in the Town. Where any
land use spans multiple tax parcels, then all such parcels shall here
be deemed one premises.
PUBLIC RIGHT-OF-WAY
Each, every, and all public streets, public sidewalks, public
roads, public alleys, and public highways within the Town that are
Town highways by use, highways by dedication, and/or highways by prescription
or implication, including the paved or finished surfaces thereof,
all governmental signage, all ditches, culverts, drains and drainage
ways, all utility and similar structures and appurtenances, and all
land, improved or otherwise, within the bounds of the highway rights-of-way.
RESIDENTIAL SIGN DISTRICT
The R1, R2, and L1 land use area classifications as established and mapped in and by Chapter
270, Zoning, of the Code of the Town of Lansing.
SCROLLING
To cause displayed text, graphics, or light to move or appear
to move up, down, or across the screen or the face of the sign.
SIGN
A device for visual communication publicly displayed to identify,
advertise, or convey information. The term "sign" includes the sign's
frame, border, base, pole, stand, and any other portion of the structure
supporting the sign; however, for purposes of sign square footage
calculations, only the sign and its frame or border shall be counted.
"Signs" also include all types of signs whenever the sign is placed
in view of the general public, including, but not limited to, sign
boards, billboards, banners, painted wall signs, hanging signs, illuminated
signs, ground and free-standing signs, and any announcements, declarations,
demonstrational materials, displays, illustrations, posters, or insignia
used to advertise or promote the interests of any person or commercial
activity, whether or not related and unrelated to a commercial activity
or to a commodity or service sold or offered upon the premises where
such sign is located.
SIGN DEVELOPMENT PLAN
A collection of drawings and written statements describing
all pertinent details of signs and related features included in a
planned sign area.
SIGN PERMIT
A permit to erect, install, build, place, emplace, site,
or substantially rebuild or repair any sign.
SIGN SQUARE FOOTAGE CALCULATION
Refers to a method of calculating the measurements, dimensions,
and geometric area of a sign pursuant to basic mathematical rules
reasonably applied, as follows: i) if a sign is irregular in shape
or consists of independent or detached letters or symbols, the area
of said sign shall be determined by measuring the area within a regular
simple polygon completely enclosing the sign or enclosing such independent
or detached letters or symbols as they are intended to be installed;
ii) if a sign is regular in shape, by measuring the surface area of
the sign, including its frame(s) and border(s); iii) all square footage
limitations and similar dimensional rules and regulations herein are
to be measured upon and in relation to a single face of the sign if
the sign has two basic display sides; and/or iv) if a sign has more
than two display sides or surfaces, then the Enforcement Officer shall
determine and calculate the total dimensions of the sign by calculating
the sum of all display sides or faces unless, in the reasonable determination
of the Enforcement Officer, one or more display sides or faces are
de minimus and should not be counted in calculating the sign square
footage calculation (an example would be a standard two-sided rectangular
sign with printing upon the frame of the sign).
SITE PLAN REVIEW
Refers to site planning standards as contained in Chapter
270, Zoning, of the Code of the Town of Lansing, including, where applicable, review and approval by the Planning Board.
TEMPORARY SIGNS
A sign limited to a period of use not to exceed 30 days,
or such other period of time as allowed by this chapter (e.g., construction
signs). Common examples include construction signs, for sale signs,
portable signs, banners, flags, pennants, ribbons, streamers, and
fluttering or revolving devices, usually intended to draw attention
to a new commercial activity, a sale, a new product or service release,
an activity temporary in nature, etc.
TOWN
The Town of Lansing, Tompkins County, New York, and each
and all of its officers, employees, and agents.
VARIANCE
A departure from the rules, terms, or requirements of this
chapter when duly authorized by the Zoning Board of Appeals, usually
arising from practical difficulty or unnecessary and undue hardship
peculiar to an individual situation which is not the result of the
actions of the applicant. For this purpose, the definitions and standards
of both use variances and area variances shall apply as set forth
in, and construed under, Town Law §§ 267-a and 267-b.
WAYFARING SIGNS
A freestanding, off-premises sign, but not an illuminated
sign, that includes a community welcome message or logo and individual
placards displaying directional information for business establishments
and public places to assist travelers in finding local businesses,
services, and sites.
The Enforcement Officer shall examine the predominant purposes
and uses of any Planned Development Area (PDA) and shall then, for
purposes of this chapter, classify the PDA as subject to residential
sign district rules, agricultural sign district rules, or commercial
sign district rules.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. All provisions of New York State law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this chapter,
and any misdemeanor shall be deemed an unclassified misdemeanor. For
purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants
in compliance with the New York Criminal Procedure Law and administrative
codes of the State of New York, as well as to hear and adjudicate
allegations relating to the criminal or civil violation of this chapter
and thereafter, if appropriate, impose any fine, penalty, or sanction.
B. Any person or entity that violates any of the provisions of this
chapter shall be guilty of a criminal violation and subject to a fine
of not more than $250, or subject to a civil penalty of not more than
$500 be recovered by the Town in a civil action. Each week that any
noncompliance or violation continues is and may be charged as a separate
violation.
C. The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town, including, but not limited to, the right to seek equitable
relief.
(1) Whenever
the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin
and restrain the continuation of such violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice
Law and Rules; and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In
such action, the court may also award any damages or other relief
requested, including declaring the rights and interests of any parties
and imposing any civil penalties. The remedies provided by this chapter
shall not be in lieu of, and shall be in addition to, any other right
or remedy available to the Town, whether sounding in enforcement or
otherwise.