This chapter is enacted pursuant to the provisions of § 10 of the Municipal Home Rule Law.
[HISTORY: Adopted by the Town Board of the Town of Camden 10-14-1996 by L.L. No. 1-1996. Amendments noted where applicable.]
This chapter shall be known as the "Town of Camden Sign Law."
A.
The purpose of this chapter is to provide standards to safeguard life, health, property and public welfare by controlling the number, location, construction, installation, illumination and maintenance of all signs and sign structures in the Town of Camden.
B.
It is further the purpose of this regulation of signs to control the quality and quantity of signs so as to enhance the identification of the various business and professional enterprises in the Town and improve the visual quality of the community.
As used in this chapter, the following terms shall have the following meanings:
That side of a building or structure, which may or may not be facing a road, considered to be the primary entranceway for pedestrian traffic entering or exiting the building or store within the building.
A group of at least three or more nonresidential businesses planned, developed, owned or managed as a unit, whether there are common walls between the various businesses or not, with off-street parking provided on the center's site.
Any advertising medium, structure or device which advertises, directs or calls attention to any business, article, substance or service; and includes residential nameplates and numbers. A sign may be painted, printed, pasted, posted or affixed to any building, billboard, wall, fence, railing, vehicle, natural object or structure of any kind, on real property or on the ground itself. This definition encompasses flags, banners, neon tubes, fluorescent tubes or other artificial lights or strings of lights outlining or hung on any part of a structure, building or lot for the purposes mentioned heretofore, but does not include the flag or insignia of any governmental, civic, professional, religious or other similar organization.
An advertising sign, structure or symbol erected and maintained by an entity who may or may not be engaged in the sale or rental for profit of space to a clientele or manufacturing service or commercial enterprises upon which space there is displayed by means of painting, posting or other method a business, commodity or service not necessarily made, produced, assembled, stored or sold from the lot or premises upon which the advertisement is displayed.
Any sign which directs attention exclusively to a permitted business, profession, or industry conducted upon the premises on which the sign is located or to a primary product, commodity or service sold by such business or industry, and shall be deemed an integral part of such business or industry.
A sign limited to providing information as to the location of an activity, business or event.
A listing of two or more business enterprises, consisting of a matrix and sign components.
A illuminated sign on or in which the artificial lighting is not maintained stationary or constant in intensity or color at all times while in use.
Any sign not attached to or part of any building or structure, separate therefrom and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs, and masonry wall-type signs. Billboards are not included in this definition.
Any sign illuminated by electricity, gas or other artificial light from either the interior or the exterior of the sign and which includes reflective and phosphorescent light, paint or tape.
A 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.
Any sign which is attached to a building or other structure and extends beyond the line of said building or structure or beyond the surface of that portion of the building or structure to which the sign is attached and not parallel to the face of the building.
A three-dimensional sign built so as to physically represent the object advertised.
Any sign erected, constructed and maintained wholly upon or above the roofline of any building, with the principal support on the roof or eaves structure.
The entire area within a perimeter composed of not more than two rectangles, circles, ovals or any other geometric shapes which enclose each element or block of letters or extreme limits of the message or announcement or which form the outside shape (including any frame) or form an integral part of the display. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display.
A sign related to a single activity or having a duration of not more than 30 days.
A sign which is painted on or attached to the outside wall of a building, with the face of the sign in the plane parallel to such wall. A group of individual letters painted on or attached to the wall are considered wall signs.
A 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.
After the effective date of this chapter and except as otherwise herein provided, no person shall erect or enlarge or structurally alter any sign or sign structure, except those exempt under this chapter, without first obtaining a permit from the Enforcement Officer. Application for the permit shall be made according to the following regulations:
A.
Applications for sign permits shall be obtained from the Enforcement Officer by the owner, lessee or erector be and accompanied by a drawing showing dimensions, proposed design, the legend, colors, lighting, materials, structural details and a tape or plot location map delineating the location of buildings, parking areas, other signs on the same property, frontage of each unit and/or any fences or other obstructions in relation to the designated location of the proposed sign. Lessee- or erector-applicants shall evidence approval of owner for such erections.
B.
It shall be the duty of the Enforcement Officer, upon the filing of an application for a permit, to examine such plans, specifications and, if necessary, the building or premises upon which the sign is proposed to be erected. If it shall appear that the proposed sign is in compliance with all the requirements of this chapter and all other laws, the Enforcement Officer shall issue a permit for the proposed sign.
C.
No permit issued under the terms of this section shall be transferable to any person prior to the installation of the sign.
D.
A sign permit shall become null and void if the work for which the permit was issued has not started within a period of six months after the date of issue of the permit.
E.
The Enforcement Officer shall obtain copies of all necessary certificates of compliance from the Uniform Fire and Building Codes Inspector.
The following types of signs may be erected and maintained without permits and fees, provided that such signs comply with the general requirements of the sign regulations and additional regulations listed below:
A.
Historical markers, tablets and statues, memorial signs and plaques names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by government agencies, religious or nonprofit organizations not exceeding six square feet.
B.
Flags and insignia of any government, except when displayed in connection with a commercial promotion.
C.
Directional signs for the convenience of the general public identifying public parking areas, fire zones, entrances and exits and similar signs, internally illuminated or nonilluminated, not exceeding six square feet.
D.
Nonilluminated warning, private drive, posted or no-trespassing signs not exceeding two square feet per face.
E.
Number and nameplates identifying residents, mounted on a house, apartment or mailbox, not exceeding two square feet in area.
F.
Lawn signs identifying residents, not exceeding four square feet per side. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as support, with no advertising message thereon.
G.
Private owner merchandise sale signs for garage sales and auctions not exceeding 14 days. No such sign shall exceed six square feet.
H.
Temporary, nonilluminated "for sale," "for rent," real estate signs and signs of similar nature concerning the premises upon which the sign is located. In a residential zoning district, one sign shall not exceed six square feet per side. In the RUR District, one sign not exceeding 32 square feet on either side, set back at least 15 feet from all side yard property lines and not within the public right-of-way. All such signs shall be moved within 10 days after the sale, lease or rental of the premises. No more than two such signs shall be placed upon the property.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
I.
One temporary sign for a roadside stand selling agricultural produce grown on the premises in season, provided that such sign does not exceed 16 square feet on each side and is set back at least 15 feet from side yard property lines and not within the public right-of-way.
J.
Holiday decorations, including temporary nonilluminated window signs and posters not exceeding 50% of the window surface.
K.
Directional signs for meetings, conventions and other assemblies.
L.
One nonilluminated sign not exceeding 16 square feet on either side in the residential districts nor 32 square feet in the RUR District, listing the architect, engineer, contractor and/or owner, on the premises where construction, renovation, or repair is in progress. Such signs shall be removed within 10 days upon completion of the work.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
M.
Political posters, banners, promotional devices and similar signs not exceeding 32 square feet, provided that:
N.
Temporary signs advertising a special event for a school, charitable or civic organization, provided that such signs shall not exceed 32 square feet on either side and are removed within 48 hours after the event.
O.
Temporary nonilluminated signs, banners or other promotional devices advertising a special price or promotion for a product. Such signs shall not be displayed longer than 28 days.
P.
Any sign advertising the price of fuel placed above a fuel pump at a gasoline or service station. Such signs shall not exceed four square feet on either side.
Q.
Any temporary sign(s) advertising a certain type of crop located upon an agricultural operation. Such temporary sign(s) shall be removed after the crop has been harvested, and such sign shall not be greater than six square feet on either side.
The following regulations shall apply to all signs:
A.
All signs shall be properly maintained. Such signs, together with their supports, shall be kept in good repair. The display surfaces shall be neatly painted at all times. The Enforcement Officer may order the removal of any sign that is not maintained in accordance with the provisions of this chapter.
B.
No sign shall consist of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.
C.
The height of a sign and its structure may not exceed 20 feet. Exceptions to these are billboards and directory signs.
D.
All signs shall have sufficient horizontal and vertical clearance so as to provide clear and unobstructed visibility for vehicles entering and leaving the highway.
E.
All signs shall be securely attached to a building or to other structures which are judged to be structurally sound by the Enforcement Officer.
F.
Permitted signs may be located anywhere on the premises except as restricted herein or by Chapter 220, Zoning.
G.
Illuminated signs or lighting devices may be permitted, provided that such signs employ lighting of constant intensity. No sign shall be illuminated by or contain flashing, intermittent, rotating, or moving lights except to show time and temperature.
H.
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.
I.
No sign shall be erected in such a manner as to confuse or obstruct the view of any traffic sign, signal or device or obstruct the visibility for vehicles entering or exiting highways.
J.
No sign of any size or description, except traffic signs placed by public agencies, may be erected, placed, maintained or extended into the right-of-way of any street or highway.
K.
No sign shall obstruct any fire escape or any door or window leading thereto, nor shall any sign be attached to a fire escape.
L.
No sign shall obstruct the view of any other sign from the roadway.
The following regulations shall apply to wall signs:
A.
Wall signs shall not extend beyond the ends or more than six feet over the top of walls to which attached.
B.
Wall signs shall not extend more than 12 inches from the face of the building to which attached.
C.
Wall signs shall have a total surface area not exceeding 30% of the total area of the wall to which the signs are attached.
D.
The total area of individual letters printed on or attached to the wall spelling out individual words or sentences shall be the entire area within a perimeter composed of not more than two squares, rectangles, circles, ovals or any other geometrical shapes which enclose each block of letters.
The following regulations shall apply to projecting signs:
A.
No projecting sign may be higher than the roof line.
B.
The exterior edge of a projecting sign shall extend not more than 10 feet from the building face.
C.
No part of a projecting sign shall extend into vehicular traffic areas or over pedestrian areas.
D.
No projecting sign shall be larger than 32 square feet.
E.
No projecting sign shall be closer than 15 feet to the corner of a building located at a street intersection.
F.
No projecting sign shall be closer than 20 feet to any other projecting sign.
G.
In determining the total area of a projecting sign, only the width and length of one side of the sign is used.
The following regulations shall apply to freestanding signs:
A.
No freestanding sign structure shall be located closer than 25 feet to any side property line.
B.
If for any reason the property line is changed at some future date, any freestanding sign made nonconforming thereby must be relocated within 90 days to conform to the minimum setback requirements.
C.
No freestanding sign shall be more than 20 feet in height above the road level or finished grade, whichever is greater. Such height shall be measured vertically from the established average grade directly below the sign to the highest point of the sign, including supporting sign structures.
D.
No freestanding sign shall extend over or into the public right-of-way.
E.
The surface area of a freestanding sign shall not exceed 32 square feet on either side of the sign.
F.
No freestanding sign shall be located closer than 50 feet to any other freestanding sign.
G.
In determining the total area of a freestanding sign, only the length and width of one side of the sign is used.
Portable signs are not allowed, except that a new business or business in a new location awaiting installation of a permanent sign may utilize one portable sign for a period of not more than 60 days or until installation of a permanent sign, whichever occurs first. No portable sign may be larger than 32 square feet.
Roof signs are not permitted.
The following regulations shall apply to billboards:
A.
The size of all billboards shall not exceed 300 square feet and such billboards shall not be higher than 30 feet from the road level or from the finished grade, whichever is greater.
B.
No billboard may be attached to any building or vehicle.
C.
All billboards shall identify the name and address of the owner, person or corporation responsible for the general requirements and maintenance of such sign as outlined in this chapter.
D.
No billboard may be located closer than 200 feet to any other billboard.
E.
In determining the total area of a billboard, only the width and length of one side of the billboard is used.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Signs permitted in the RES District are as follows: those signs listed under § 160-6, Permit-exempt signs, and the following signs, which do require a permit:
A.
Where home occupation is permitted by Chapter 220, Zoning, nameplate or professional signs may be used to identify the home occupation. Such signs shall not exceed nine square feet (each side) in area and may be building-mounted or ground-mounted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B.
Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs, or societies may be erected on the premises of such institutions. One such sign or bulletin board not exceeding 32 square feet (each side) may be erected for each entrance on a different street or highway.
C.
For subdivisions, multiple dwellings or apartment developments, signs advertising availability of several dwelling units, not exceeding 32 square feet (each side), may be erected. One such sign shall be permitted for each entrance on a different street or highway.
D.
Signs for recreational areas, day camps, golf clubs, ski areas and other similar facilities permitted by Chapter 220, Zoning, shall be permitted, not to exceed 32 square feet (each side). One such sign shall be permitted for each entrance on a different street or highway.
E.
Signs necessary for the identification, operation or production of a public utility, not exceeding 32 square feet (each side), may be erected on the premises of such public utility.
F.
A sign stating the name of an agricultural operation or the owners of the same located upon the premises. Such sign shall not exceed 32 square feet each side.
G.
For multiple dwellings or apartment developments, signs stating the name of the dwelling or development, not to exceed 32 square feet each side. One such sign shall be permitted for each entrance on a different street or highway.
H.
A sign necessary for identification of a nonconforming business located in a residential district. Such sign may not exceed 32 square feet in area.
I.
A sign stating the name of a religious, social, or civic building or structure and giving directions to such building or structure, not exceeding 32 square feet in size.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Signs permitted in the RUR District are as follows:
A.
All applicable signs allowed in residential districts are permitted in RUR District.
B.
Business signs. Business sign(s) shall be located on the same premises as the business or profession to which they refer and shall not be located closer to a street than the street right-of-way.
(1)
The total cumulative area of all signs permitted on a single business or commercial lot shall be no more than three square feet of sign area per linear feet of building frontage, or 300 square feet, whichever is less.
(2)
A minimum total cumulative sign area of 32 square feet shall be permitted regardless of building frontage for a single lot.
(3)
A business located on a single lot may erect or install any type of sign allowed under these regulations (e.g., wall sign, freestanding sign, projecting sign), provided that they comply with the requirements of this chapter.
(4)
Any business located in a shopping center may erect wall signs, roof signs, freestanding signs and projecting signs, provided that permission is obtained by the owner and/or manager of the center and that the individual regulations for each type of sign as stated in this chapter are met.
(5)
A shopping center may erect directory signs. The total areas of each sign shall not exceed 180 square feet. One directory sign shall be permitted on any street accessing the shopping center.
(6)
The total cumulative area of all signs permitted for a single business in a shopping center shall be no more than three square feet of sign area per linear foot of building frontage that such business occupies or 300 square feet, whichever is less.
C.
Billboards. Billboards include all signs advertising a business, service or commodity located other than upon the premises where the sign is located.
A.
Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed. Sign panels and graphics should relate with and not cover architectural features and should be in proportion to them.
B.
Signs should be appropriate to the types of activities they represent.
C.
Layout should be orderly and graphics should be of simple shape, such as rectangle, circle, or oval.
D.
The number of colors used should be the minimum consistent with the design.
E.
Illumination should be appropriate to the character of the sign and surroundings.
F.
Groups of related signs should express uniformity and create a sense of harmonious appearance.
G.
Sign panels and graphics should be tasteful and conform to generally accepted standards of the community.
In the event that a sign lawfully erected prior to the effective date of this chapter does not conform to the provisions and standards of this chapter, then such sign should be modified to conform or be removed according to the following regulations:
A.
If a sign includes such features prohibited under this chapter, then such sign shall be modified by its owner to comply or be removed within 30 days after the owner received written notice from the Enforcement Officer to so comply.
B.
If an owner has not complied, as necessary, with the above provision and such sign remains in nonconformity, he may apply for a permit to maintain the nonconforming sign for a fixed period based on the remaining undepreciated useful life of such sign, as determined by the appropriate depreciation formula (e.g., value standards in use by New York State Department of Transportation). Application for such permit shall be filed with the Enforcement Officer within six months of the effective date of this chapter and shall include satisfactory proof of the date of the erection of said sign. A permit to continue a nonconforming sign shall in no case exceed five years.
C.
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign. Any maintenance, repair, or alteration of a nonconforming sign shall not cost more than 50% of the current depreciated value of the sign as of the date of alteration or repair.
A.
Any sign existing on or after the effective date of this chapter which advertises a no longer existing business or product shall be removed.
B.
If the Enforcement Officer shall find that any sign regulated in this chapter is not used, coded in advertising, is abandoned, unsafe, or insecure, or is a menace to the public, the Enforcement Officer shall give written notice to the named owner of the land upon which it is located, who shall remove or repair the sign within 30 days from the date of notice. If the sign is not removed or repaired within said time period, the Enforcement Officer shall revoke the permit issued for such sign. The Enforcement Officer may order the removal of the sign and assess the owner for all costs incurred for such service.
C.
The Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed immediately and without notice.
A.
The Town Board hereby grants authority to the Zoning Board of Appeals to hear complaints of any person aggrieved by a decision of the Enforcement Officer relative to the provisions of this chapter. The appeal shall be in writing to the Zoning Board of Appeals and shall comply with all procedural requirements prescribed by such board, as outlined in Chapter 220, Zoning.
B.
In granting a variance from the provisions of this chapter, the Board of Appeals must find that the variance is necessary for the reasonable use of the land or buildings, that granting the variance is in harmony with the general purposes and intent of this chapter, that such will not be injurious to the neighborhood character or otherwise detrimental to the public welfare, that denial of the variance would result in practical difficulty or unnecessary hardship to the applicant and that the proposed sign does not interfere with the lawful use and aesthetic enjoyment of the public highway or of adjacent property.
A.
Any person, firm, or corporation, whether as owner, lessee, agent, or employee, who proceeds to erect, reerect, construct, or structurally alter any sign without first applying for and obtaining the necessary permit, or who in any other way violates any provision of this chapter, shall be guilty of a violation, and, upon conviction, shall be subject to fine not exceeding $250 and/or a jail term not to exceed 15 days. Each week's continuous violation shall constitute a separate, additional violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B.
In case of a violation of this chapter, the Town and its officers may, in addition to other remedies specifically conferred by law or ordinance, institute any appropriate proceedings to prevent unlawful erection, construction, reconstruction, alteration, or use of any sign not in compliance with this chapter.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety, or the general welfare. It is not intended to interfere with, abrogate, or annul other rules, regulations, ordinances or laws, provided that whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted regulations, rules, ordinances or laws, the most restrictive or those which impose the higher standards shall govern.
This chapter supersedes any previous existing regulations in Chapter 220, Zoning, or any other regulations relating to signs in the Town of Camden.
This chapter shall be effective upon filing with the Secretary of State.