[HISTORY: Adopted by the Town Board of the Town of Walworth 8-16-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any nongovernmental flag, streamer, spinner, light, balloon,
or similar device or ornamentation used for purposes of attracting
attention for promotion of business use.
Any visual message incorporated into a nonpermanent structure
projecting from a building and providing protection from the elements,
or a marquee.
Any indirect source of light which is located from behind
the sign surface or shielded from the viewer's eyes by a translucent
or opaque material.
A sign listing the name and location of all tenants in a
structure.
The width of a building facing a street or public parking
lot; in the case of a corner lot, it may be either frontage at the
option of the applicant. Where a mall exists, "building frontage"
shall mean that portion of the building perimeter facing a street
or designated parking area; in the case of two such perimeters, it
may be either frontage at the option of the applicant.
A sign which identifies the name of the building and does
not identify any individual business activity.
The width of building face allocated to each individual occupant.
A sign used by or on behalf of a restaurant, retail, commercial,
industrial, service, or other business enterprise.
An announcement sign, bulletin board, or sign which makes
provision for changing letters and other copy.
[1]A dedicated street used to carry traffic from minor streets
to primary or major thoroughfares, including the principal entrance
streets of a development and streets for circulation within a development.
A sign whose display (or any portion thereof) utilizes light
emitting diode (LED) technology or similar technology that permits
a sign face to present different displays by a method other than physically
removing and replacing the sign or its components.
A direct entrance from a public way to a habitable or tenantable
space.
Any state, municipal, county, or national flag. The national flag must be displayed in accordance with the Federal Flag Code (see United States Code Title 4, Chapter 1). No flag pole shall exceed 50 feet for public display, or 25 feet for home use. All flags shall be proportionate to the height of the flag pole as per the Federal Flag Code.
A single or multifaced sign affixed to a supporting structure
or embedded in and extending from the ground or detached from the
building.
Any sign illuminated by electricity, gas, or other artificial
light, including reflective or phosphorescent light.
Any picture, shape, or drawing, with or without letters or
words, used to identify a product, service, business, or organization.
Any sign relating to the use of a building or property by
a government, public agency, or municipal board.
Any sign, other than a sign promoting a business use.
A sign that is not permanently affixed to a building, a structure,
or the ground.
Signs that are necessary and for the benefit of the public
interest which are strictly limited to signs of the following nature:
signs which identify buildings via address, street number, or building
number; signs which direct people in the interest of public safety
(i.e., traffic and directional signs that are nonbusiness in nature);
signs which warn of immediate danger on-site; and signs required by
law.
A right-of-way (such as a roadway, street, highway, etc.)
owned or otherwise under the operation and control of a municipality,
such as a village, town, city, county or state.
Any material, structure, or part thereof, or any device attached
to a structure or painted or represented thereon, composed of or upon
which is placed numbered, and/or lettered, graphical, pictorial, or
other matter for visual communication or display, when used or located
out-of-doors or on the exterior of any building or indoors as a window
sign, to display an advertisement, notice, directional matter, name,
or if otherwise utilized to direct or draw attention to a business
use. The term "sign" does not include signs erected and maintained
pursuant to and in discharge of any governmental function within this
political jurisdiction, or required by any law, ordinance, or governmental
regulation, or the flag or insignia of any nation or of any governmental
agency having jurisdiction over the Town of Walworth.
The square footage of the smallest square or rectangle which
will enclose all elements which form the sign. Supporting structures
will not be considered as part of the sign surface area unless lit
by their own specific external light source. Freestanding signs may
include an identical back without counting the identical area. Any
additional form not integral to the building's architecture will be
considered as part of the sign.
A permit which is issued by a Building Inspector after approval
of a sign permit application.
Any sign (movable or stationary) which has not been approved
as a permanent sign, which is not designed as a permanent sign or
which is not otherwise used as or intended to be a permanent sign,
and which typically promotes an event that occurs at a specified time.
Such signs may be posted for the period of the event and the preceding
30 days. A temporary sign must be removed within 48 hours of the end
of the subject event. A temporary sign which advertises the same or
a substantially similar event in excess of six times within a calendar
year requires a permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Permit required. A sign permit shall be required prior to erecting a new sign or prior to materially altering any existing sign within the Town of Walworth, except as provided in Subsection B of this section.
B.
Exceptions. Permit not required. The following signs shall not require
a permit:
(1)
Nonbusiness signs, as defined and regulated in this chapter.
(2)
Municipal signs, including signs owned by or under the operation
and control of the Town of Walworth.
(3)
Repair and replacement, in kind, of signs that conform with this
chapter.
(4)
Temporary signs.
(5)
Traffic control signs.
(6)
Window or wall signs no greater than two square feet in area that
are public interest signs. In no event may a sign within a window
cover more than 30% of the total aggregate area of the particular
window's total area (i.e., 70% of the window must remain free of any
signs).
(7)
Signs required by law.
C.
Sign permits generally.
(1)
Sign permits for any business use in any zoning district shall be
issued by the Building Inspector after approval of a sign permit application
pursuant to the procedure set forth in this section.
(2)
Where a sign permit is sought in connection with a site plan application,
information relating to the issuance of a sign permit shall be included
with the site plan application. The Planning Board shall issue an
advisory opinion relating to the issuance of any sign permit(s) to
the Building Inspector as part of its site plan review.
(3)
Completed subdivision signs. A completed subdivision project greater
than five lots in the aggregate may maintain one additional sign in
addition to any other signs allowed by this section. Monumental, sculpted,
or related signs shall constitute a sign addressed by this subsection.
Said additional sign shall be for the purposes of generally identifying
the subdivision project. This sign shall be installed at an entryway
or at primary frontage. Said sign shall not be constructed until removal
of any temporary subdivision sign. This sign may only be constructed
after approval by the Planning Board of a sign permit application
(pursuant to the procedures set forth herein) and issuance of a sign
permit by a Building Inspector. The sign shall not be located closer
to any street or road than the right-of-way boundary.
D.
Sign permit application.
(1)
All applications for a sign permit shall be made in writing to the
Building Inspector. Upon receipt of the application, at his/her sole
discretion, the Building Inspector may refer the application to the
Planning Board. Should the Building Inspector refer the application
to the Planning Board, a sign permit may only be issued after approval
of the proposed sign(s) by resolution of the Planning Board.
(2)
The application shall provide the following information:
(a)
The name, address, and telephone number of the applicant, and,
if different, the name, address, and telephone number of the owner
of the land where the sign is to be erected.
(b)
The location of the building, structure, or land to which or
upon which the sign is to be erected.
(c)
A detailed drawing or blueprint to scale not exceeding one inch
equals one foot illustrating the construction detail of the sign,
the lettering and/or the pictorial message of the sign, the color
and positioning of the sign, the position and height of other devices
relating to the erection of the sign, a location plan drawn to scale
not to exceed one inch equals 20 feet showing the position of the
sign on any buildings or structures, including building elevation,
and any private or public right-of-way.
(d)
The zoning district in which the sign is to be placed.
(e)
For freestanding signs, a tape location or survey indicating
the position of setbacks relative to the position of any freestanding
sign, including the location and setbacks of all buildings on the
property.
(f)
Identification of all other signs existing on the land, and
whether those signs conform with this section.
(g)
Written consent of the owner of the property on which the sign
is to be erected.
(h)
The signature of the applicant attesting to the accuracy of
the petition.
(i)
The applicant shall provide a copy of any site plan applicable
to the parcel upon which the sign is proposed.
(3)
All applications for a sign permit shall be reviewed by the Building
Inspector within 30 days of submission of a complete application,
other than sign permit applications which are part of the site plan
review process.
(4)
Where a referral has been made to the Planning Board, the Building
Inspector may not move forward with issuance of a sign permit until
the Planning Board has approved the proposed sign by resolution. Should
the Planning Board issue an approval resolution, the Building Inspector
must issue a sign permit consistent with the Planning Board's approval
resolution.
(5)
Any denial of a sign permit shall be in writing to the applicant.
(6)
Where the Building Inspector approves a sign permit application,
the Building Inspector shall issue a sign permit. Said sign permit
will be valid for six months from the date of issuance. The Building
Inspector shall be responsible for inspecting the installed sign for
compliance with the sign permit and any existing site plan, and, if
compliant, shall issue a certificate of compliance.
(7)
Where the Building Inspector finds that a sign does not conform with
the sign permit, the applicant shall be notified in writing and shall
have 30 days to correct the cited deficiencies.
(8)
Where the applicant does not obtain a certificate of compliance within
six months, any existing sign permit shall expire, any sign or part
of a sign shall be removed in accordance with this section, and the
applicant will be required to make a new sign permit application.
(9)
Nothing in this section shall alleviate the need for a variance in
the case of a sign that does not conform to the requirements of this
section.
(10)
The following shall be considered when reviewing a sign permit
application:
(a)
Compliance with all provisions and requirements set forth in
this section, including, but not limited to, design and appearance,
etc.
(b)
Compliance with the NY State Building Code and any other applicable
laws.
(c)
Sign placement in relation to other structures on the site,
traffic patterns on the site, parking, etc.
(d)
Safety of sign.
(e)
Visibility of sign.
(f)
Landscaping around the sign.
(g)
Consistency of sign within the subject property, including size,
architectural features, color, font, etc.
(h)
Consistency of sign within the surrounding neighborhood, including
the character and orderly development of the neighborhood.
(i)
Any additional factors which may be relevant.
A.
Design and appearance.
(1)
All signs and supporting structures must be in harmony with the style
and scale of the architectural features of the buildings on which
they are placed or to which they relate.
(2)
All signs must be appropriate to the type of activities they represent.
(3)
Layout of all signs and their messages must be orderly and of simple
shapes.
(4)
No more than two typeface fonts may be used on any one sign or group
of signs indicating one message.
(5)
The number of different colors or shades of colors used on one sign
or group of signs shall be of a consistent theme.
(6)
All signs that are lit must be so designed as to reflect light and
glare away from surrounding properties and the right-of-way, and not
be greater than necessary to make the sign legible at night from the
right-of-way. Lighting among signs shall be consistent with surrounding
signs.
(7)
Lighted signs. All sources of illumination shall be shielded or directed
in such a manner that the light is not cast on any property other
than the lot on which the sign is located. For businesses open past
12:00 midnight, illumination may continue until closing, provided
that lighting intensity is reduced by 50% after midnight until closing.
Otherwise, the period of illumination must be extinguished no later
than 12:00 midnight and shall remain extinguished until 7:00 a.m.
the following day.
(8)
No sign within a residential district may be lit unless it is a permitted
sign for a permitted or special permitted business use or permitted
by the Zoning Board of Appeals.
(9)
Groups of related signs must express uniformity and create a sense
of harmony in appearance.
(10)
Freestanding signs may be monument style or pylon style.
B.
Construction and installation.
(1)
All signs and supporting structures must be in harmony with the style
and scale of the architectural features of the buildings on which
they are placed or to which they relate.
(2)
Signs shall comply with all applicable building and fire codes.
(3)
No sign shall interfere with utility line clearance.
(4)
No sign shall interfere with the use of any fire exit, door, or window,
or other access to a building. No sign shall obstruct the vision of
any access or be designed in such a way as to confuse access to a
fire escape route.
(5)
No sign shall interfere with sight distances or otherwise interfere
with the ability of motor vehicle traffic to make safe movements.
(6)
No sign shall project into a public right-of-way.
(7)
No freestanding sign requiring a permit shall be closer than 35 feet
from the pavement of the public right-of-way and in all circumstances
shall be further from the edge of pavement than the height of the
sign.
A.
Temporary signs must be at least six feet from the edge of pavement
of the public right-of-way, such pavement including sidewalks, curbing
and gutters. In any event, such signs shall be placed on the side
of curbing, gutters, sidewalks, etc. farthest from the center of the
right-of-way. In no event shall a sign be placed within drainage infrastructure,
including but not limited to gutters, swales, etc. Further, in no
event may a sign reduce the line of sight for ingress or egress from
a property. They shall be limited to eight square feet in area and
may reach a height of no greater than four feet from the ground. Nonbusiness
use temporary signs are limited to three per property.
B.
Business use temporary signs are limited to one per property. Multiple
business use temporary signs may be placed no closer to each other
than 500 feet from the nearest sign advertising the same event.
C.
A temporary sign may only advertise the same or substantially similar
event four times in the same calendar year, may be placed up to 30
days prior to any event related to the temporary sign, and must be
removed within two days after the event for which it is advertising
has ended. Additional specifications follow:
(1)
Sale, lease, or open for inspection temporary signs relating to the
real property transfers no greater than eight square feet in area.
Such signs are limited to one per property, except that an additional
two signs advertising that the premises is "open" are permissible
only during the period that the property is open for inspection. All
signs under this subsection may be placed no further from the subject
property than the nearest collector street.
(2)
Sale, lease, or open for inspection temporary signs larger than eight
square feet will require a sign permit which shall expire after six
months. These larger signs shall not exceed 20 square feet, nor shall
they be closer than 35 feet from the pavement edge. Signs of six square
feet or less shall be limited to one on the property and up to two
additional displayed only while the property is open for inspection
no further from the property than the nearest collector street.
(3)
Under construction. One temporary sign may be installed at an entryway
or on primary frontage during construction of a building or buildings.
Said sign may have a maximum area of 32 square feet. The owner may
attach to said sign up to four additional nameplates to identify certain
subcontractors, financiers, etc., related to the project, which nameplates
may be no greater in size than four square feet each. This sign shall
remain at least 35 feet from any road or shoulder pavement. Said sign
shall be removed upon substantial completion of construction.
(4)
Election signs. Signs advertising candidates in relation to an election,
where the event advertised involves an election, are temporary signs.
In the case that the sign is related to a primary race, said sign
may be displayed between the beginning of the primary and the end
of the general election (i.e., the primary and the general election
shall be considered one event).
A.
Business use signs are permitted to identify a permitted business.
Such permitted businesses may include businesses subject to special
use permits as well as home occupations.
B.
Business use signs are subject to the following additional requirements:
(1)
Building or plaza identification. One freestanding building identification
sign may be installed which identifies the name of the building or
plaza. A building/plaza identification sign may be freestanding, not
to exceed one square foot per one foot of linear building frontage,
but shall in no event exceed a height of 25 feet.
(2)
Multiple tenant structure or plaza. A multiple-use development, such
as a building, plaza, or mall, may have a directory sign not exceeding
10 square feet in total area.
(3)
Number and size of business use signs.
(a)
In addition to any building identification sign and directory sign, each tenant of a building or plaza with a separate entrance for patrons shall be entitled to not more than one business use sign, except per Subsection B(3)(e) below.
(b)
The total sign area for business use signs shall not exceed
1.5 square feet for each linear foot of building frontage belonging
to the particular tenant.
(c)
Any subtenant of a principal tenant is limited to the sign area
of the principal tenant as described within this section.
(d)
Sign face. A business use sign may have two sign faces, subject
to the total sign area restriction within this section, when the tenant's
space within the building has frontage on two public rights-of-way.
(e)
Additional sign. An additional tenant identification sign affixed to the building to be no greater in sign area than 1/2 of one square foot for each foot of linear building frontage belonging to the particular tenant shall be permitted only when the primary entrance or primary parking to the building are at the rear of the building with respect to the public right-of-way, and no parking exists at the portion of the building which abuts the public right-of-way. This shall not count against the square footage permitted in Subsection B(3)(b) above.
(f)
A business use sign must be mounted to the building. Freestanding
business use signs are not permitted.
(g)
Public interest signs, such as those displaying assigned street
numbers, must be displayed and shall not be counted against the business
use sign area.
(4)
The provisions in this section shall not act to prevent nonbusiness
entities from the use of signs as allowed herein for nonbusiness purposes.
Individuals or entities which are not businesses may make use of these
provisions for the purposes set forth herein.
A.
Electronic signs are permitted only in the B District.
B.
Electronic signs shall be erected perpendicular to the street and
shall not be mounted on any building.
C.
Electronic signs shall be permitted only on monument signs.
D.
Electronic signs shall employ only light emitting a light of constant
intensity.
E.
Electronic signs shall display only static messages, and shall have no movement, or the appearance of movement, fade or transition effects, flashing, scrolling or other animation in displayed messages, except per Subsection F. below.
F.
Electronic signs are limited in message changes to one change every
half hour, with changes in message occurring immediately.
G.
Electronic signs may be in operation only from one hour before opening
to one hour after closing of the business to which the sign relates.
H.
Electronic signs must comply with all other applicable regulations
pertaining to use, size, location, and design standards as set forth
in this chapter, except that where this section conflicts with other
provisions in this chapter, this section shall govern.
A.
Posted fliers are not allowed in residential districts or in a public
right-of-way in any district, and may be removed by the Code Enforcement
Officer without notice.
B.
Moving signs, including flashing, blinking, animated, rotating, or
projected surfaces that change with time, except for electronic signs
as defined and limited in this chapter. Time and temperature displays
are not prohibited by this section. Further, changeable-copy signs
are permitted provided that message is not changed more than once
per minute.
C.
Off-premises business use signs. Unless otherwise set forth herein,
business use signs must advertise a bona fide business conducted on
the premises where the sign is located.
D.
Roof signs that extend beyond the peak of the roof or face of the
building.
E.
Temporary signs, except as allowed at § 143-4. A temporary sign may only advertise the same type of event six times in the same calendar year, and shall not require a permit. Temporary signs shall be limited to six square feet in size.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Attention-getting devices such as balloons, nongovernmental flags,
streamers, and the like may be used to advertise an event for no more
the three consecutive days, and not more than 10 times in a calendar
year.
G.
A flag indicating that a business is open may be flown only during
business hours. No more than one such flag per building if attached
to a building, and no more than one such flag per site entrance if
detached from a building. The Code Enforcement Officer may remove
a flag in violation without notice.
H.
Price signs are prohibited except for gas stations within 100 feet
of the closest gas pump, and where required by county, state, or federal
law.
I.
Signs that cause a traffic hazard by obstruction, position, shape,
or wording, or symbols that confuse vehicle traffic, and may be removed
by the Code Enforcement Officer without notice.
J.
Sandwich board and portable signs may be used, provided such signs are displayed only during the businesses hours of the business advertised, and no more than one such sign is displayed per business entrance, and no more than one such sign is displayed at a site entrance. Sandwich board and portable signs must be displayed within 25 feet from the business entrance, and not conflict with pedestrian or vehicular traffic. Such sign must comply with the regulations concerning temporary signs and attention-getting devices above. Further, such signs must be of property workmanship and construction so as to withstand reasonable weather conditions. Additionally, such signs shall be in compliance with § 143-3 of this chapter, entitled "Design and Appearance." Noncompliant sandwich board signs may be removed by the Code Enforcement Officer without notice.
K.
Billboards or other structures designed for the purpose of renting
or leasing space or for the purpose of displaying advertisements toward
vehicular traffic, except for billboards in the B District with site
plan review and a special use permit.
L.
Signs that produce vapors, smoke, particles, or noise may be removed
by the Code Enforcement Officer without notice.
M.
Illegible signs and signs in disrepair may be removed by the Code
Enforcement Officer without notice.
N.
Signs may not be placed on Town of Walworth property (other than
by the Town itself), including in Town right-of-ways.
All signs not in compliance with any provision of this chapter,
upon the effective date specified herein, shall be deemed nonconforming.
A.
A nonconforming sign shall be removed or brought into conformity
with the requirements of this chapter upon a change in message upon
the sign, or a change in use of the property it is located on.
B.
A nonconforming sign related to an existing use shall be removed
or made conforming prior to the issuance of any subsequent sign permit
for such use.
C.
Applications for sign approval and sign permit for the replacement
of an existing nonconforming sign to a legal conforming sign which
are submitted before two years from the effective date of this chapter
shall be exempt from all applicable fees required by this chapter,
but not from any subsequent fees.
A.
It shall be the duty of the Code Enforcement Officer or his/her delegate
to administer and enforce the provisions of this subsection.
B.
When violations occur under this section, the Code, Enforcement Officer
shall cause notice to be given to the owner of the premises on which
the sign is located, or to the agent thereof (or to that person who
erected the sign, where the sign is on public property). Said notice
may be given by first class mail, or by issuance and service of a
notice of violation. If any of said persons fail to abate said violation
within 10 days after such notice has been personally served upon them,
or within 20 days after such notice has been sent to said persons
by first class mail at their home or business address, said persons
shall be subject to a civil penalty of $100 for each and every day
that said violation continues, recoverable by suit brought by the
Code Enforcement Officer in the name of the Town of Walworth.
C.
Each individual sign will constitute a separate violation.
D.
The Code Enforcement Officer is hereby empowered to issue appearance
tickets for violations of this chapter.
E.
The Code Enforcement Officer or authorized representative may serve
a written stop-work order upon the applicant or other person who commits
or assists in any such violation requiring the correction of any violation
of this chapter.[1]
F.
Temporary Signs not removed within 48 hours after the
end of the pertinent event will be removed immediately by the Town
of Walworth. Where removed from private property, notice will be sent
to the property owner advising of the removal.
G.
Should the property owner wish to recover the sign,
such property owner will be required to pay over to the Town of Walworth
the sum as set forth from time to time by Town Board resolution and
on file in the office of the Town Clerk to cover the costs of detecting,
removing, transporting, and storing the temporary sign. Temporary
signs which are removed will be held for a period of seven days from
the date of removal and then will be destroyed.
H.
Temporary signs placed on Town property (including the Town's rights-of-way/highways or any other rights-of-way owned, controlled or maintained by the Town) may
be removed without notice immediately. Should the owner of the sign
be reasonably identifiable, notice will be sent to such owner regarding
removal. Should the sign owner wish to recover the sign, such sign
owner will be required to pay over to the Town of Walworth the recovery
fee, which shall be set forth from time to time by Town Board resolution
and kept on file in the office of the Town Clerk all to cover the
costs of detecting, removing, transporting, and storing the temporary
sign. Temporary signs which are removed will be held for a period
of seven days from date of removal and then will be destroyed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
The Code Enforcement Officer, on behalf of the Town of Walworth,
may maintain an action for an injunction to enjoin violations of this
chapter.
J.
A permit issued pursuant to this chapter may be revoked by the Code
Enforcement Officer if it appears that the sign erected pursuant to
the permit no longer conforms to the provisions of this chapter. Notice
of revocation may be delivered personally or by first-class mail;
revocation shall occur immediately in the case personal delivery and
after 10 days when delivery is by regular first-class mail.
K.
The remedies provided herein shall be cumulative and shall be in
addition to any other remedies provided by law.
All fees associated with this chapter shall be charged to applicant
pursuant to the Town of Walworth Fee Schedule.
Signs owned by and/or under the operation and control of the
Town of Walworth are exempt from the requirements of this chapter.
All signs in the Town of Walworth shall be properly maintained
at all times. The Code Enforcement Officer shall have the authority
to order the painting, repair, or removal of a sign and accompanying
landscaping which constitutes a hazard to safety, health, or public
welfare by reason of inadequate maintenance, dilapidation, obsolescence,
or abandonment. Notification shall be by personal delivery or by certified
mail. If personal delivery or certified mail is not possible, notice
will be posted at the location of the sign. If the maintenance notice
is not complied with within 15 days, it shall become an order to abate
the sign or perform the maintenance or repair specified therein.
A.
All approvals made in accordance with this section shall be filed
by the Building Department with the Town Clerk as the Records Management
Official of the Town.
B.
Every request for a variance from the provisions hereof shall be
taken before the Zoning Board of Appeals.
C.
Where a sign permit is denied by the Code Enforcement Officer, it
may be appealed for a de novo review to the Zoning Board of Appeals.
Such appeal must be made in writing within 30 days of denial.
D.
Review of determinations made hereunder by the Zoning Board of Appeals
shall be governed by Article 78 of the New York Civil Practice Law
and Rules and the Town Law. Any such proceeding shall be commenced
within 30 days of the filing of the decision sought to be reviewed
and served upon the Code Enforcement Officer and the Town Clerk.
E.
Abandonment of variance. If a sign for which a variance has been
granted hereunder is not erected within one year from the date of
the variance, or if a sign for which a variance has been granted hereunder
is removed for a continuous period of one year, the variance for said
sign shall be deemed abandoned and of no effect.