The purposes of these sign regulations include, but are not
limited to, the following: to encourage the effective use of signs
as a means of communication in the Town; to maintain and enhance the
aesthetic environment and the Town's ability to attract sources of
economic development and growth; to improve pedestrian and traffic
safety; to minimize the possible adverse effect of signs on nearby
public and private property; to provide for a mechanism for avoiding
visual clutter; and to enable the fair and consistent enforcement
of these sign restrictions.
A. Applicability; effect. A sign may be erected, placed, established,
painted, created, or maintained in the Town only in conformance with
the standards, procedures, and other requirements of this chapter.
The effect of this section as more specifically set forth herein is:
(1) To establish a permit system to allow a variety of types of signs
in the Town, subject to the standards and the permit procedures of
this chapter;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2) To allow signs in order to promote and foster the free expression
of ideas consistent with the scheme set forth in the Constitution
of the United States and the New York State Constitution;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3) To allow certain signs that are small, unobtrusive and incidental
to the principal use of the respective lots on which they are located,
subject to the substantive requirements of this chapter, but without
the requirement for permits;
(4) To prohibit all signs not expressly permitted by this chapter; and
(5) To provide for the enforcement of the provisions of this chapter.
B. Exceptions. For the purposes of this chapter, the term "sign" does
not include:
(1) Signs erected and maintained pursuant to and in discharge of any
governmental function.
(2) Signs prohibiting trespassing.
(3) Integral, decorative or architectural features of buildings, except
letters or trademarks.
(4) Signs not exceeding four square feet per face, directing and guiding
traffic and parking on private property and bearing no advertising,
trademarks or logos.
(5) Signs not exceeding one square foot per face, advertising the cost
of motor fuel when attached to a fuel pump or service island canopy.
(6) Signs maintained by residents for purposes of conducting a garage
sale, providing such sign is removed within 24 hours of the close
of the sale.
C. Sign definitions. As used in this article, the following terms shall
have meanings indicated:
AGRICULTURAL OR HORTICULTURAL SELLING PURPOSES
Any sign, wording, logo, or other representation that advertises
or calls attention to a business which sells and/or promotes seasonal
agricultural or horticultural products and/or services, including
but not limited to the sale of fruits, vegetables, plants, trees and
flowers, and associated goods and services.
[Added 4-12-2012 by L.L.
No. 1-2012]
BUILDING MARKER
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry
surface or made of bronze or other permanent material.
SIGN
A name, identification, description, display or illustration
which is affixed to, painted or represented directly or indirectly
upon a building, structure or piece of land which directs attention
to an object, product, service, place, activity, person, institution,
organization or business and the supporting members thereto. A motor
vehicle or trailer shall be deemed a sign if it is lettered or displayed
in such a fashion so as to attract attention and is utilized to advertise
or otherwise call attention to a business located in, or event taking
place in, the Town of Sardinia or surrounding communities.
SIGN FACE AREA
The entire area within the single, continuous perimeter enclosing
the extreme limits of writing, representation, emblems or any figure
of similar character together with any material or color forming an
integral part of the display or used to differentiate such sign from
the background against which it is placed. The supports, upright or
structures on which any sign is supported shall not be included in
determining the sign face area unless such supports, uprights or structures
are designed in such a manner as to form an integral part of the display.
Where a sign has only two faces, the area of one sign shall be the
face area of the sign. Where a sign has more than two faces, the area
of all the faces shall be the face area of the sign.
SIGN, BILLBOARD
Any sign that attracts attention to an object, product, service,
place, activity, institution, organization or business not available
or located on the lot where the sign is located.
SIGN, FREESTANDING
A sign resting upon or attached to the ground by means of
a integral base or one or more poles or standards. Freestanding signs
include both pole signs and ground signs.
SIGN, INCIDENTAL
A sign that has a purpose secondary to the building lot on
which it is located, such as "no parking," "loading only," building
directories and similar directives.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
SIGN, PROJECTING
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than 12 inches beyond the surface of
such building or wall.
SIGN, WALL
A sign integral with or attached to and supported by the
exterior wall of a building or fascia attached to such wall and projecting
not more than 12 inches therefrom.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No sign or support structure shall be erected, constructed or
maintained without a permit issued by the Code Enforcement Officer.
A permit fee for the processing and issuance of such permits in such
amount as the Town Board shall determine, by resolution, from time
to time shall accompany all sign permit applications.
The prohibitions contained in this section shall apply to all
signs and use districts.
A. No sign shall be used to attract attention to an object, product,
place, activity, institution, organization or business not available
or located on the premises where the sign is located; provided, however,
that this shall not preclude signs carrying messages which are expressions
of constitutionally protected free speech.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. Illumination. Any illuminated sign or lighting device shall employ
only lights emitting a light of constant intensity, and no sign shall
be illuminated by or contain flashing, intermittent, rotating or moving
light or lights. In no event shall any illuminated sign or lighting
device be placed so as to permit the beams and illumination therefrom
to be directed upon a public street, highway, sidewalk, or adjacent
premises so as to cause glare or reflection that may constitute a
traffic hazard or nuisance. Signs shall not utilize up lighting. The
full number of illuminating elements of a sign shall be kept in working
condition or immediately repaired or replaced. Overhead wires or exposed
wires on a sign or its supporting members shall be prohibited.
C. Signs on public property. No sign shall be placed in any street right-of-way.
D. Roof signs. Signs shall not be mounted on rooflines or project above
the wall line of buildings.
E. Banners, etc. No banners, posters, pennants, ribbons, streamers,
spinners, tethered balloons, inflatable signs or other similar moving,
fluttering or revolving signs or devices or strings of lights shall
be permitted. One promotional event per year, such as a grand opening,
may utilize such signage for a maximum of two consecutive weeks within
any one calendar year, providing such signage does not pose a hazard
to public health, safety and general welfare of the community. Promotional
events shall not run consecutively into another calendar year.
F. Sign-mounting structures and supports shall be designed and constructed
to support live loads, dead loads and wind loads as required by the
New York State Uniform Fire Prevention and Building Code.
G. No sign shall be maintained at any location where, by reason of its
position, size, shape, color or appearance, it may obstruct, impair
or be confused with any traffic control sign, signal or device or
otherwise be positioned where it may interfere with, mislead or tend
to confuse vehicular or pedestrian traffic.
H. No sign shall be attached to a utility pole or tree. Signs shall
not be placed upon fences or other exterior features of a site.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I. All signs utilizing electrical lighting shall be installed and maintained
in accordance with the National Electrical Code, as amended and modified
from time to time.
J. No sign shall rotate or otherwise be in physical motion or have parts
or elements in motion.
K. Signs of a temporary nature utilizing electric power, which are connected
to a distant power source by means of an extension cord, shall not
be permitted if such extension cord lies exposed on the ground or
is supported in the air by props.
L. Signs, frames, mounts and support structures shall be in a safe and
structurally sound condition and maintained by replacement of defective
or worn parts, painting, repainting, leveling and cleaning.
M. No sign shall be mounted in an inverted fashion or be mounted in
a manner which is not at a 90° angle to a horizontal plane and
will not project more than 12 inches from a wall.
N. Searchlights, rotating lights and flashing lights are not permitted
for any purposes.
O. Signs containing manually interchangeable letters mounted on channels
or carriers shall be constructed and/or maintained to protect individual
letters from dislocation.
P. Temporary real estate signs shall not be placed on existing signs
or their frames, mounts or supporting structures and shall be located
between the front property line and building, or if no building exists,
such sign shall be located a minimum of five feet inside the property
line.