[HISTORY: Adopted by the Town Board of the
Town of Catskill 12-19-2018 by L.L. No. 5-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 160.
[1]
Editor's Note: This local law also provided for the repeal
of former Ch. 134, Signs, adopted 10-3-2017 by L.L. No. 4-2017.
The purpose of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
signs and certain indoor signs of all types. It is intended to protect
property values, create a more attractive economic and business climate,
enhance and protect the physical appearance of the community, preserve
the scenic and natural beauty and provide a more enjoyable and pleasing
community.
This chapter shall be known as the "Local Law Regulating the
Erection, Maintenance and Prohibitions Related To Signs Within the
Town of Catskill."
As used in this chapter, the following terms shall have the
meanings indicated:
A structure for the display of an advertisement in public
places or alongside highways that is larger than any sign otherwise
permitted under this chapter.
[Added 4-20-2022 by L.L.
No. 1-2022]
Any material, structure or device, or part thereof, of any
size, composed of lettered or pictorial matter which is located outdoors,
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, representation, illustration
or insignia used to advertise an activity, business, event, service
or community facility when such is placed in view of the general public.
AWNING SIGNAny visual message incorporated into an awning attached to a building.
COPY-CHANGE SIGNA sign on which the visual message may be periodically changed. Such a sign is most commonly referred to as a billboard and its purpose is for displaying advertisements.
DIGITAL SIGNA sign that displays digital images and/or text that may change on a prescribed time schedule.
DIRECTIONAL SIGNA sign limited to providing information on the location of an activity, business, event, service, or community facility. The sign's message shall be limited to the name or identification of the activity, business, event, service or facility, an arrow and distance. Advertising messages shall be prohibited.
FREESTANDING SIGNAny sign not attached to or part of any building but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs, pylon signs and masonry wall-types signs.
ILLUMINATED SIGNA sign illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign, and including reflective and phosphorescent light.
DIRECTLY ILLUMINATEDIncorporating artificial lighting as an inherent part or feature of the sign.
INDIRECTLY ILLUMINATEDIncorporating artificial lighting which is either separated from or not an inherent part or feature of the sign itself.
OFF-PREMISES SIGNA sign unrelated to the building where such sign is located.
PORTABLE SIGNA 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.
PROJECTION SIGNA sign which is attached to the building wall or structure and which extends horizontally more than 15 inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.
REPRESENTATIONAL SIGNA three-dimensional sign built so as to physically represent the object advertised.
TEMPORARY SIGNA sign related to an activity, business, event, service or community facility erected for a duration of no more than 52 days except as otherwise provided by this chapter.
WALL SIGNA sign which is painted on or attached to the outside wall of a building or structure with the face of the sign in the plane parallel to such wall or structure and not extending more than 15 inches from the face of such wall or structure.
WINDOW SIGNA 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.
A sign listing two or more businesses located on the same
parcel.
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 the projections thereof
exceeds 30°, each side shall be considered a separate sign structure.
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 for the display. Both faces
of a double-faced sign shall be included as surface or area of such
a sign.
A.
Except as provided in § 134-6, an applicant shall apply to the Code Enforcement Officer for a sign permit for any sign to be located in the Town of Catskill. The issuance of a sign permit is required for, but not limited to, the erection, alteration or relocation of a sign.
B.
Application procedure. Application shall be made in writing to the
Code Enforcement Officer on prescribed forms and shall contain the
following information:
(2)
Location of the building, structure or land upon which the sign now
exists or is to be erected or placed.
(3)
If a new sign is to be erected, elevation view and site plan drawings
to scale shall be included. In addition, a full description of the
placement and appearance of the proposed sign shall be included and
should cover the following:
(a)
Location on the premises; specifically, its position in relation
to adjacent buildings, structures and property lines.
(b)
The method of illumination, if any, and the position of lighting
or other extraneous devices, and the name, address and contact information
of the licensed electrician who will perform any electrical wiring
work involved.
(c)
Graphic design of the sign, including symbols, letters, materials
and colors.
(d)
The visual message, text, copy or content of the sign.
(4)
Written consent, or a copy of the contract made with the owner of
the property upon which the sign is to be erected, if the applicant
is not the property owner.
(5)
Written consent of the owner of the property upon which the sign
is to be erected for the Town of Catskill employees and its agents,
to enter and inspect the property to effectuate and enforce this chapter.
C.
Permit.
(1)
Upon the filing of a completed application for a sign permit and the payment of the required fee as set forth in Subsection D below, the Code Enforcement Officer shall examine the plans, specifications and other data submitted and then inspect the property on which the new sign is to be erected or an existing sign is to be altered or relocated. If it shall appear that the proposed sign is in compliance with all the requirements of this chapter, the Code Enforcement Officer shall issue a permit for the erection of the proposed sign or the alteration or relocation of an existing sign. The issuance of a sign permit shall not excuse the applicant from conforming to the other laws and ordinances of the Town of Catskill.
(2)
If the erection of the sign authorized under any such permit has
not commenced within six months from the date of the issuance of said
permit, the permit shall become null and void, but may be renewed
within 30 days prior to the expiration, for good cause shown, for
an additional six months, upon payment of 1/2 of the original fee.
D.
Permit period and fees. The permit fee for a sign of less than 300
square feet in area and less than 25 feet in height above the adjacent
road shall be $100. The permit fee for a sign exceeding 300 square
feet in area or exceeding 25 feet in height above the road shall be
$300.
A.
Erection or maintenance of the following signs is prohibited within
the Town of Catskill:
(1)
Obsolete, abandoned or discontinued signs.
(2)
Signs that attempt or appear to attempt to direct the movement of
traffic or which interfere with, imitate or resemble any official
traffic sign, signal or device.
(3)
Signs which prevent the driver of a vehicle from having a clear and
unobstructed view of official signs and approaching or merging traffic.
No sign shall impair visibility for a motorist at a street corner
or intersection by placement and location of same within 25 feet of
the intersection of the street or highway lines.
(4)
Signs which physically move or which have physically moving parts.
(5)
Digital signs where the image and/or text (except for public service
information such as time, date, temperature, or similar information)
changes more frequently than once every eight seconds.
(6)
Signs erected or maintained upon trees or painted or drawn on rocks
or other natural features.
(7)
Signs that are not consistent with the provisions of this chapter.
(8)
No new billboards are permitted in Moderate Density Residential,
High Density Residential and Conservation Zones.
[Added 4-20-2022 by L.L.
No. 1-2022]
(9)
Billboards which have no signage for three or more years shall be
deemed abandoned and shall be removed by the landowner.
[Added 4-20-2022 by L.L.
No. 1-2022]
B.
No signs or sign supports shall be placed upon the roof of any building
unless the placement and attachment of said sign is designed and certified
by a New York State licensed professional engineer or architect.
The following signs are exempt from the requirements of this
chapter:
A.
With the consent of the property owner (including vacant properties
abutting Town of Catskill Roads) and that the placement does not exceed
42 days prior to the relevant election and no later than 10 days after
said election: political posters, banners and similar signs.
B.
With consent of the property owner: signs or other promotional devices
relating to a special event, festival or similar activity sponsored
by public or nonprofit agencies.
C.
Safety, directional, historical markers or other types of signs erected
and maintained by a public agency.
D.
When not associated with a commercial activity, all historical or
memorial markers as well as flags, insignia or emblems of any government
or religious organization and any religious holiday decorations.
E.
Signs advertising the sale, lease or rental of the building upon
which the sign is located, which sign shall not exceed 16 square feet
in area.
F.
Signs denoting the name and address of the occupants of the building,
which signs shall not exceed eight square feet in area.
G.
Temporary signs denoting the design professional (e.g., architect
or engineer), general contractor or subcontractor, or other pertinent
project participant, placed on a building where construction, repairs,
or renovations are in progress, which signs shall not exceed 36 square
feet in area or be erected for a period exceeding the duration of
the project or one year, whichever is less.
H.
Signs placed in windows.
I.
Signs used to post lands in accordance with New York State Environmental
Conservation Law.
J.
No trespassing signs placed in accordance with New York State Penal
Law § 140-05.
K.
Holiday decorations.
L.
Signs used for a roadside stand selling agricultural products grown
on the premises during the season in which they were grown, provided
that such sign not exceed 24 square feet in area and be set back at
least 10 feet from the public right-of-way.
M.
Private-owner merchandise sale signs for garage sales and auctions,
not exceeding nine square feet in area erected for a period not exceeding
seven days.
A.
Temporary signs.
(1)
All signs of a temporary nature, except as otherwise provided by
this chapter, shall be permitted for a period not exceeding six weeks
prior to the activity or event nor exceeding 10 days after the activity
or event. Such signs will not exceed 16 square feet in area in commercial
or industrial districts or eight square feet in area in residential
districts.
(2)
A refundable deposit equal to twice the permit fee shall be submitted
to the Code Enforcement Officer to insure removal of such signs upon
expiration of the permit period. The permit holder shall be liable
to pay for the removal of the signs. The Code Enforcement Officer,
after seven days' written notice to the permit holder to remove such
signs, and after the failure of the permit holder to do so, shall
cause said signs to be removed, and the cash deposit shall be applied
to the cost of removal. The seven days' written notice provided herein
shall be computed from the date of mailing of such notice. Said notice
shall be directed to the permit holder at the address provided to
the Code Enforcement Officer on the permit application.
B.
Permanent Signs.
(1)
Within any zoning district, up to two off-premises directional signs for the convenience of the general public and for the purpose of directing persons to a business, activity, event, service or community facility may be erected; provided, however, that this subsection shall not serve to expand the number of signs allowed on commercial and industrial districts, pursuant to Subsection B(2) below; and further provided such signs do not exceed five square feet. The sign's message shall be limited to the name or identification of the activity, business, event, service or facility, arrow or direction, and distance. Advertising messages shall be prohibited.
(2)
Within commercial and industrial districts, the following permanent
sign provisions shall apply:
(a)
The total number of permitted signs on a single parcel shall
be calculated as follows: For each building frontage on a public or
approved private road (e.g., corner lots may have building frontage
on two roads), one sign for each separate business entity having its
own entrance from the outdoors facing said road (such a sign being
typically placed directly above or to the side of the business entity's
access door) plus one sign for the parcel itself, which sign may be
a sign directory as herein defined. Only one sign on a commercial
parcel or industrial parcel for each building frontage on a public
or approved private road may be freestanding.
(b)
The total cumulative area of all signs permitted on a single
parcel shall be calculated at the rate of one square foot of sign
area per lineal foot of building frontage on a public or approved
private road, plus 1/4 square foot per lineal foot of setback of the
principal building on the property to the edge of the public or approved
private roadway, but in no case shall the total cumulative area of
all signs facing or along the road frontage exceed 300 square feet.
(c)
A minimum total sign area of 32 square feet shall be permitted
any use, regardless of building frontage.
(d)
Signs shall not exceed 300 square feet in area or 25 feet in
height (above the grade of the road that the sign faces) and require
Zoning Board approval.
A.
Illuminated signs, either directly illuminated or indirectly illuminated,
or lighting devices may be permitted, provided that such signs employ
only lights emitting a constant intensity, and no sign shall be illuminated
by or contain a flashing or moving light or lights. In no event shall
an illuminated sign or lighting device be so placed or directed as
to permit beams and illumination therefrom to be directed or beamed
upon a public street, highway, sidewalk or adjacent premises so as
to cause glare or reflection that may constitute a traffic hazard
or nuisance to adjoining properties. All illuminated signs shall bear
the Underwriters Laboratories, Inc. seal or be inspected and certified
by a Town-authorized electrical inspection company. All illuminated
signs or lighting devices shall be turned on no sooner than 1/2 hour
before the premises and/or business is open to the public and shall
extinguished no more than 1/2 hour after the premises and/or business
is closed to the public.
B.
An illuminated sign's lighting shall not make or cause to be made
an intensity of brightness that unreasonably annoys, disturbs, injures,
endangers or affects the comfort, repose, health, peace, safety or
welfare of any reasonable person of ordinary sensibilities or precludes
the enjoyment of property or affects the property's value.
A.
A nonconforming sign lawfully existing at the time of the effective
date of this chapter may continue to exist in its current state except
that existing illuminated signs or sign lighting devices must be made
to tum on no sooner than 1/2 hour before the premises and/or business
is open to the public and to turn off no more than 1/2 hour after
the premises and/or business is closed to the public.
B.
A nonconforming sign may not be changed with regard to its content,
size, shape, location, appearance, or method of illumination without
first applying for and receiving a sign permit.
A.
The Zoning Board of Appeals shall have all the powers and duties
prescribed by this chapter which are more particularly specified as
follows:
(1)
Interpretation. Upon appeal from a decision by an administrative
official, to decide any question involving the interpretation of any
provision of this chapter.
(2)
Variances.
(a)
Upon appeal from a decision by an administrative official, to
issue a variance of any provision of this chapter. A "variance" shall
mean the authorization by the Zoning Board of Appeals to vary from
the specific limits and/or regulations as may be delineated herein.
(b)
In deciding whether to grant a variance, the Zoning Board of
Appeals shall balance the interests of the applicant and those of
the neighborhood or community. The Zoning Board of Appeals must consider
the following five factors:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the variance;
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than a
variance;
[3]
Whether the requested variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
[5]
Whether any alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals but
shall not necessarily preclude the granting of the variance.
(c)
In granting a variance, the Zoning Board of Appeals shall grant
the minimum variance that it shall deem necessary and adequate while
at the same time protect the character of the neighborhood and the
health, safety and welfare of the community.
(d)
Imposition of conditions. The Zoning Board of Appeals shall,
in granting a variance, have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property. Such conditions shall be consistent
with the spirit and intent of this chapter, and shall be imposed for
the purpose of minimizing any adverse impact such variance may have
on the neighborhood or community.
A.
Any property owner who violates, or has a sign erected on the subject
property that violates, the provisions of this chapter, shall be guilty
of a violation, punishable by a fine of not more than $250 per day
or by imprisonment for not more than 15 days, or both. Each separate
sign shall constitute a separate violation. Each day the sign violates
the provisions of this chapter shall constitute a separate offense.
B.
If a fine is imposed and is not paid within 30 days or such other
time period established by a court of competent jurisdiction, then
following mailing of the notice described herein, the unpaid fines
shall be doubled and shall be assessed by the Town of Catskill as
a lien against the fine debtor's real property in the Town of Catskill
and added to the current tax roll by the Town of Catskill as an unpaid
charge attributable to the real property. Prior to assessing this
lien for unpaid fines, the Code Enforcement Officer shall mail a notice
to the fine debtor at his/her last known address (as per the Town
Assessor's records) by certified mail, return receipt requested, and
regular first-class mail stating that unless the fines are paid within
15 days of the notice date, they shall be assessed and collected as
an unpaid charge attributable to the real property.
This chapter shall be enforced by the Code Enforcement Officer.
