Amusement uses, such as amusement centers, bowling
alleys and similar places of amusement, shall comply with the following
regulations:
A. Such uses shall be conducted entirely within an enclosed
structure.
B. Off-street parking areas shall be screened from adjoining residential properties in accordance with §
144-25.
C. Illuminated signs and other lights shall be directed
away or shielded from adjoining residential properties in such a way
as not to disturb the occupants thereof.
D. No public-address system shall be permitted except
where such system is inaudible at any property line.
[Amended 2-15-1989; 2-20-2002]
A. The purpose of the regulations set forth in §§
144-33 through
144-42.1 of this chapter (and, as applicable, the definitions set forth in §
144-5B of this chapter) is to regulate existing and proposed signs in order to:
[Amended 2-1-2006 by L.L. No. 1-2006]
(1) Protect the safety and welfare of the public;
(2) Insure the presence of only well maintained and attractive
sign displays within the community;
(3) Preserve the aesthetic value of the property in the
Town of Orchard Park;
(4) Enhance and protect the physical appearance and environment
of the Town of Orchard Park;
(5) Preserve the scenic and natural beauty of the Town
of Orchard Park;
(6) Provide for a more enjoyable and pleasing community;
(7) Reduce sign and advertising distraction and obstructions
that may contribute to traffic, congestion and/or accidents, while
permitting adequate business identification, advertising and communication
and noncommercial communication;
(8) Reduce hazards that may be caused by signs overhanging
or projecting over public rights-of-way;
(9) Reduce hazards to bicyclists and pedestrians that
may be caused from signs being placed on or around sidewalks or streets;
and
(10)
Allow for traffic control devices consistent
with national and state standards, and whose purpose is to promote
highway safety and efficiency by providing for the orderly movement
of road users on streets and highways, and that notify road users
of regulations and provide warnings and guidance needed for the safe,
uniform and efficient operation of all elements of the traffic stream.
B. Notwithstanding any other provision contained herein
to the contrary, noncommercial messages may be contained on any authorized
sign.
C. Notwithstanding any other provision contained herein
to the contrary, no sign or sign structure shall be subject to any
limitation based upon the content (viewpoint) of the message contained
on such sign or displayed on such sign structure.
[Added 2-1-2006 by L.L. No. 1-2006]
D. The regulations set forth in §§
144-33 through
144-43 of this chapter do not pertain to the following:
[Added 2-18-2009 by L.L. No. 3-2009]
(1) A sign located entirely inside the premises of a building
or enclosed space.
(3) A traffic control device sign.
(4) Any sign located in, or made a part of, or directed
or oriented toward the inside of, a stadium or athletic field.
(5) Any sign not visible from a public street, sidewalk
or right-of-way, except that the foregoing does not exempt a sign
for a commercial use that is visible from an abutting residential
use.
(6) Government-owned real property that is exempt from
municipal zoning regulations by operation of state law.
Signs in any R-1, R-2, R-3, R-4 or A District
as established by this chapter are permitted as follows:
A. Signs to identify residents and permitted uses of
one-and two-family dwellings and farms.
(1) One nonilluminated sign not exceeding two square feet
in area, indicating the name of the resident or identifying a permitted
use, may be located on the principal building or a separate post support
not closer to any street than a distance equal to 1/2 the required
setback from such street and not exceeding seven feet in height. No
permit shall be required for such signs.
[Amended 1-2-1991]
B. Signs for identification of multiple dwellings or
residents of multiple dwellings.
(1) Dwelling group identification. One sign not exceeding
16 square feet in area may identify a multiple dwelling or dwelling
group complex. Such sign may be illuminated by a nonflashing, shielded
light directed away from adjacent streets, highways or properties.
Such sign shall be placed parallel to the street, shall not interfere
with a public highway and shall not exceed seven feet in height. When
an application for a building permit is submitted to the Planning
Board, such sign shall be approved by the Planning Board.
[Amended 1-2-1991]
(2) Resident identification. One nonilluminated sign not
exceeding two square feet in area may identify the residents of a
multiple dwelling. Such sign shall be attached parallel to the multiple
dwelling it serves. No permit shall be required for such signs.
C. Permanent subdivision identification signs. One nonilluminated
sign not exceeding 16 square feet in area may identify a permanent
subdivision. Such signs shall not exceed seven feet in height and
shall not interfere with the visibility from any driveway at its intersection
with a public highway. Such signs shall be approved by the Planning
Board.
[Amended 1-2-1991]
[Amended 7-15-1987]
Signs shall be permitted in business, industrial
or D-R Development and Research Districts, as established by this
chapter, as follows:
A. Building face signs.
(1) Location. Signs shall be permitted on the face of
any building and may be attached to the face of the building or applied
thereto but not painted thereon; provided, however, such signs shall
not project more than 12 inches from the face of the building nor
extend beyond the wall at any corner.
(2) Size. A face sign on the front of a building shall
not exceed 20% of the total surface of such face on one story including
areas occupied by doors and windows. Signs on each additional face
shall not exceed 10% of the total surface of the front of the building,
provided further that no sign shall exceed 20% of the face to which
it is attached.
B. Freestanding signs.
(1) Location. One freestanding sign may be erected, and
no part of such sign shall be set back less than 10 feet from the
right-of-way line. Where a business area abuts a residential area,
any such sign shall be set back at least 15 feet from this side line.
No sign shall interfere with the visibility from any driveway at its
intersection with a public highway.
[Amended 1-2-1991]
(2) Size. There shall be no more than two display surfaces,
each of which shall not exceed 20 square feet.
(3) Erection of a freestanding sign as set forth in this subsection shall preclude erection of a pedestal sign as set forth in Subsection
C.
C. Pedestal signs.
(1) Location. No part of such sign shall be set back less
than 15 feet from the right-of-way. Where a business area abuts a
residential area, any such sign shall be set back at least 15 feet
from this side line. No sign shall interfere with the visibility from
any driveway at its intersection with a public highway.
[Amended 1-2-1991]
(2) Size. One pedestal sign, not exceeding 40 square feet
in total surface area of any one surface or 80 square feet in area
of all surfaces, shall be permitted, or two pedestal signs not attached
to each other and neither of which exceeds 20 square feet in total
area of all sides. The sign area may be increased at the rate of one
square foot for each additional two feet from the required setback
from the road right-of-way and the side property lines (or the required
side line setback) but not to exceed in any event a total area of
180% of the area permitted by this subsection for pedestal signs.
Only one pedestal sign shall be permitted in each shopping center
or plaza, as defined in this chapter. Pedestal signs shall be prohibited
on lots which are less than 100 feet in width measured at the right-of-way
line.
[Amended 2-15-1989]
(3) Erection of pedestal signs as set forth in this subsection shall preclude erection of a freestanding sign as set forth in Subsection
B.
D. Covered walkways. Where a covered walkway extends
across the front of a building or buildings, one sign per business
may be mounted on the roof of the walkway or walkways to a height
of two feet. Signs may also be hung from the underside or ceiling
of the covered walkway related to the entrance of the individual business
establishments, provided that the bottom of such sign is at least
seven feet above the sidewalk.
E. Service or loading dock signs. One sign not exceeding
eight square feet in area is permitted in addition to other permitted
signs.
F. Automotive service stations. Signs may be erected
in the pump areas, but not to extend beyond either side of the row
of pumps or beyond the last pump on each end of the pump row.
G. Additional identification signs. At the entrance of
the buildings with business establishments above the first floor,
nameplates of uniform design and appearance not more than 18 inches
in length and nine inches in height may be mounted at the sides of
such entrance, provided that they are placed flat against the exterior
wall.
[Amended 2-20-2002]
H. Entrance, exit, and on-premises directional guide signs. Entrance, exit, and internal directional guide signs are to be approved, as part of the site plan review process set forth in §
144-44 of this chapter, by the Planning Board as to location and size based upon the recommendation of a professional traffic engineer. The engineer's recommendation shall identify the number, size, height and setbacks necessary for traffic and pedestrian safety taking into account the configuration of the parcel and its relationship to other parcels and the adjoining roads. Entrance, exit and on-premises directional guide signs shall be minimized in number, size and height, and shall only be approved if necessary for traffic or pedestrian safety.
[Amended 1-2-1991; 2-18-2009 by L.L. No. 3-2009]
I. Off-premises identification signs. Where it is not
practical to obtain the necessary visibility from an identification
sign on the premises, the Zoning Officer shall grant the applicant
a permit to erect an off-premises identification sign, provided that
the applicant has demonstrated the following:
[Amended 4-7-2004 by L.L. No. 4-2004; 2-1-2006 by L.L. No. 1-2006]
(1) The applicant has submitted an application providing the information required by §
144-34B of this chapter and has demonstrated a need for such off-premises identification sign(s) in order to alleviate a practical difficulty for the general public to locate and identify the applicant's place of business.
(2) The applicant demonstrates that the proposed off-premises
identification sign(s) represents the most efficient use of signage
under the circumstances. For any group of businesses or organizations
similarly disadvantaged by a difficulty of the general public to locate
and identify their premises, a single off-premises identification
sign common to all such businesses or organizations shall be deemed
the most efficient use of such signage as opposed to separate off-premises
identification signs for each such business or organization.
(3) The proposed identification sign(s) is harmonious
with its surroundings under the circumstances presented.
(4) Notwithstanding any other provisions stated in this
subsection:
(a)
The text of all such off-premises identification
sign(s) shall be permanent in nature.
(b)
The primary purpose of such off-premises identification
sign(s) shall be to assist the general public in locating and identifying
such businesses or organizations as opposed to advertising the nature
of such entities' goods, wares, merchandise or services.
(c)
The proposed off-premises identification sign(s)
is otherwise permitted by this chapter.
(d)
The proposed off-premises identification sign
shall not have a surface area of greater than 20 square feet and shall
not have an overall height greater than nine feet.
(5) Should it be determined that an application is prompted
by economic factors rather than a difficulty of the general public
to locate and identify the applicant's place of business or that any
hardship is self-inflicted, the application shall be denied.
(6) The provisions of this subsection shall be strictly
construed.
J. Signs otherwise authorized under §§ 144
34D, 144 35D, E, F, I and J, and 144-40B, C, D, E, and F.
[Added 2-1-2006 by L.L. No. 1-2006]
In any industrial park which exceeds 60 acres,
the following signs shall be permitted:
A. Freestanding entrance signs.
(1)
Location. One freestanding sign may be erected
at the main entrance of an industrial park, and no part of such sign
shall be set back less than 15 feet from the right-of-way line or
public walkway. No sign shall interfere with the visibility from any
driveway or its intersection with a public highway.
[Amended 1-2-1991]
(2)
Sizes. There shall be no more than two sign
sides, the exterior dimensions of which shall not exceed 80 square
feet per side. The total area on which printing appears shall not
exceed 48 square feet.
B. Other freestanding signs.
[Amended 1-2-1991; 2-20-2002]
(1)
Location. One freestanding sign may be erected
at the main entrance of any business or entity in an industrial park,
and no part of such sign shall be set back less than 15 feet from
the right-of-way line or public walkway. No sign shall interfere with
the visibility from any driveway at its intersection with a public
highway.
[Amended 4-7-2004 by L.L. No. 4-2004]
(2)
Sizes. There shall be no more than two sign
sides, the exterior dimensions of which shall not exceed 30 square
feet per side. The total area on which printing appears shall not
exceed 20 square feet.
[Added 2-1-2006 by L.L. No. 1-2006]
A. Generally. If any part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word of this chapter
is declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, the declaration of such unconstitutionality
shall not affect any other part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term or word of this chapter.
B. Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in §
144-42.1A, or elsewhere in this chapter or in this Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
C. Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in §
144-42.1A, or elsewhere in this chapter or in this Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article or any other laws declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under §
144-36 of this chapter. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of §
144-36 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of §
144-36.
D. Severability of prohibition on billboards. If any
part, section, subsection, paragraph, subparagraph, sentence, phrase,
clause, term or word of this chapter and/or any other provisions of
the Zoning Ordinance or this Code are declared invalid or unconstitutional
by the valid judgment or decree of any court of competent jurisdiction,
the declaration of such unconstitutionality shall not affect the prohibition
on billboards as contained herein.