City of Fulton, NY Supplementary Regulations for Specific Uses

After the effective date of this chapter and except as otherwise provided, it shall be unlawful and a violation of this chapter for any person to erect, construct, paint, alter, display or maintain or cause to be erected, constructed, displayed or maintained within the City of Fulton any sign or signs without first having obtained both written sign approval from the City Planning Commission, a written sign permit from the City Codes Enforcement Officer and a certificate of sign compliance for such sign or signs (except where herein specifically exempted therefrom) and without having complied with the provisions of this chapter.

Before a sign is changed in any way, the property owner or designated person must apply to the Planning Commission prior to receiving a sign permit from the Bureau of Code Enforcement.

(b)

Existing signs which do not comply with current code shall be considered conforming unless the property ownership changes or the building is empty for one year or more.

(c)

Any person who erects, constructs, paints, alters, displays, maintains or causes to be erected, constructed, displayed or maintained within the City of Fulton any sign or signs without first having obtained the proper approvals in accordance with this section shall be in default of this statute and punishable by a penalty not to exceed $250 for every day that the application has not been filed.

(d)

If the provisions of the foregoing sections are not complied with, the City Codes Department shall serve written notice upon the owner, lessee, occupant or any person having the care or control of any lot or land to comply with the provisions of this chapter. If the owner of said lot or land is a nonresident of the City of Fulton, such notice shall be mailed to such owner, addressed to their last known address, and shall be sufficient service thereof. If an address of the owner of said lot or land is not known and if no person can be found in the City of Fulton who is or claims to be the owner of such lot or land, or who either represents or claims to represent such owner, then such notice may be served by posting the same in a conspicuous place upon said lot or land.

(e)

If the person upon whom the notice is served fails to submit a complete and signed application within five days after receipt of such notice or, if such notice was served by posting upon the premises, then within five days after such posting upon the premises, the City, without need of Council resolution, shall present to the Clerk/Chamberlain said penalties, which shall thereupon become a lien upon the property on which such other signs were located and shall be added to become a part of the taxes next to be assessed and levied upon such lot or land, shall bear interest at the same rate as taxes and shall be collected and enforced by the same City official and in the manner as taxes. In no event shall the special assessment levied under this section be less than $250.

(f)

All applications for sign approval and/or sign permit shall include the following:

Location and zoning district of the building, structure or land to which or upon which the sign is to be erected.

[2]

A detailed drawing or blueprint showing description of the construction details, size and color of the sign and showing the lettering style and pictorial matter composing the sign, position of lighting or other devices, a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures, lot lines and to any private or public street or highway. Written consent of the owner of the building, structure or land to which or upon which the sign is to be erected.

[3]

The number, area and dimensions of permitted signage set forth in this article shall be considered the maximum allowable, and the Planning Board shall grant lesser signage wherever necessary to comply with the standards set forth herein.

(g)

The Planning Commission shall grant sign approval for only that signage which complies with each of the following standards, and it shall be the applicant's responsibility to provide all documentation required by the Planning Commission to establish compliance with this article:

The signage shall be specifically compatible with the architectural features of the structures and improvements located on the site.

[2]

The signage shall be generally compatible with the architectural style of the structures and improvements located on the adjacent properties in the surrounding neighborhood and the character thereof.

[3]

The signage shall not impede vehicular or pedestrian safety on or surrounding the site and shall be constructed, located and maintained in a safe manner.

[4]

The signage shall comply with the Code of the City of Fulton.

(h)

The Planning Commission shall consider the following factors in determining whether the signage complies with the above standards:

Sign type, number, size, material, color, location and design.

(i)

The Planning Commission shall impose such conditions on the approval of any sign as, in its opinion, are necessary and reasonable to implement the provisions of this article.

Residential signs. In residence districts, the following nonilluminated, nonadvertising signs shall be permitted:

A nameplate and identification sign indicating the name of the occupant or a permitted home occupation, provided that the size of such sign is not over two square feet in area.

A sale or rental sign (temporary) advertising the sale or rental of the premises on which it is placed, provided that the size of such sign is not in excess of six square feet.

An institutional sign of a school, college, church, hospital or other institution located on the premises is permitted, provided that the size of any such sign is not in excess of 15 square feet and it is not located in any required front yard.

Window signs which advertise a product are not permitted in a residential district.

Commercial signs. In commercial districts, business sign(s), which pertain only to a permitted use on the premises, shall be permitted when in compliance with the following:

Wall/lowroof/awning/marquee/projecting/representational signs. The total aggregate square feet area of all signage placed on any side or roof of a building facing a street and within 125 feet from the center line of the street shall not exceed 1.0 square foot in area for each linear foot of frontage actually occupied by such use, but not exceeding 150 square feet of sign area. The total aggregate square feet area of all signage placed on any side or roof of a building facing a street which is located over 125 feet from the center line of the street shall not exceed 1.5 square feet in area for each linear foot of frontage actually occupied by such use, but not exceeding 175 square feet of sign area. Where the front entrance to a building is located on a side of a building not facing a street, such a side shall be considered as facing a street for the purposes of this section. At no time shall roof signs be installed above the peaks of the roof. Projecting signs shall be limited to a total gross square foot area of six square feet in area, not project more than four feet beyond the building line or across a property line and be a minimum of eight feet above grade.

Ground or post signs. In addition to signage on the building, the total aggregate square feet face area of ground or post signs in any yard adjacent to a street shall not exceed 1/2 the area allowed for wall signs with a maximum of 40 square feet as stated in Subsection D(1) of this section. The top of the sign(s) shall not exceed the height of the principal building with a maximum height being no more than 15 feet above the average grade abutting the principal building. The supports for such signs shall not exceed a two-post construction (nonlattice type) so as to afford a clear unobstructed vision of any sidewalk(s) and street(s) adjacent thereto. Plans for ground signs exceeding 12 feet in height shall be stamped by a New York State registered professional engineer and shall be in compliance with the New York State Uniform Fire Prevention and Building Code.

Window signs. In addition to the requirements of Subsections D(1) and (2) of this section, window signs shall be permitted in commercial districts, provided that such signs do not cover more than 1/3 the area of each pane of window glass.

Manufacturing signs. In manufacturing districts, business and advertising sign(s), which pertain only to a permitted use on the premises, shall be permitted when in compliance with the following:

Outdoor advertising signs and structures are permitted and shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal building in such district. If illuminated, the source of light shall not be visible, and flashing or intermittent lighting shall be prohibited.

No billboard sign or advertising structure shall be permitted which faces the front or side lot line of any lot in any residence district within 100 feet of such lot line or which faces any public square or entrance to any public park, public or parochial school, library, church or similar institution within 300 feet thereof.

Nonilluminated real estate signs advertising the sale, rental or lease of the premises on which they are maintained and not over 12 square feet in aggregate area shall be permitted. Such signs shall be set back from every street lot line at least a distance in feet equal to the number of square feet in area of the sign, but such setback shall not be less than the depth of the required front yard and need not be more than 100 feet.

Wall/high and low roof/marquee/projecting/representational signs. The total aggregate square feet area of all signage placed on any side or roof of a building facing a street and within 125 feet from the center line of the street shall not exceed 1.25 square feet in area for each linear foot of frontage actually occupied by such use but not exceeding 150 square feet of sign area. The total aggregate square foot area of all signage placed on any side or roof of a building facing a street which is located over 125 feet from the center line of the street shall not exceed 1.5 square feet in area for each linear foot of frontage actually occupied by such use but not exceeding 175 square feet of sign area. Where the front entrance to a building is located on a side of a building not facing a street, such a side shall be considered as facing a street for the purposes of this section. In addition to signage provided above, high roof signs shall be permitted, provided that the total aggregate square foot area of the signs on any building roof facing a street shall not exceed one square foot in area for each linear foot of frontage actually occupied by such use, but not to exceed 250 square feet of sign area, except as prohibited in Subsection E(2) of this section. Projecting signs shall be limited to a total gross square foot area of six square feet in area, not project more than four feet beyond the building line or across a property line and be a minimum of eight feet above grade.

Ground or post signs. In addition to signage on the building, the total aggregate square foot face area of ground or post signs in any yard adjacent to a street shall not exceed 1/2 the area allowed wall signs as stated in Subsection E(4) of this section. The top of the sign(s) shall not exceed the height of the principal building with a maximum height being no more than 24 feet above the average grade abutting the principal building. The bottommost part of a ground sign shall not be less than eight feet above the crown of the adjacent road. The supports for such signs shall not exceed a two-post construction (nonlattice type) so as to afford a clear unobstructed vision of any sidewalk(s) and street(s) adjacent thereto. Plans for ground signs exceeding 12 feet in height shall be stamped by a New York State registered professional engineer and shall be in compliance with the New York State Uniform Fire Prevention and Building Code.

Signs in the public right-of-way. No signs shall be allowed in the public right-of-way except the following:

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic.

Bus stop signs erected by a public transit company.

Informational signs erected by a public transit company.

Awning/projecting/suspended signs projecting over a public right-of-way in conformity with Subsections B(8), D(1) and E(4) of this section.

Other signs in the right-of-way not addressed herein shall require approval by the Common Council.

(6)

Portable signs.

Portable signs shall not be allowed in any public right-of-way except as follows:

On that portion of property owned by the City of Fulton and located on the southeast corner of West Broadway and West First Street and on the southeast corner of South Second Street and Oneida Street, except that no more than two signs shall be placed at each of these locations at any given time and that a permit be issued by the Bureau of Code Enforcement for each sign. The duration of this permit shall not exceed two weeks.

[2]

Signs shall not exceed 12 square feet per side.

[3]

Signs shall only advertise events sponsored by not-for-profit organizations (e.g., service clubs, churches, schools).

(b)

Any signs placed in violation of this section shall be confiscated and then destroyed, if not claimed within 30 days.

Off-premises signs and billboards:

Shall not be allowed on any residential zoned property.

Shall only be allowed on vacant lots in commercial and manufacturing zoned districts.

The height of such signs shall not exceed 24 feet in height above the average grade within six feet of the base of such signs.

The bottommost part of such signs shall not be less than eight feet above the crown of adjacent streets.

Construction plans for such signs exceeding 12 feet in height shall require the stamp of a New York State registered engineer and shall comply with the structural requirements of the New York State Uniform Fire Prevention and Building Code.

(6)

The size of off-premises or billboard signs shall be as follows:

Height of Sign (feet)	Maximum Allowable Square Feet Area for a Single-Sided Sign or Billboard
12	32
13	40
14	48
15	56
16	64
17	72
18	80
19	96
20	104
21	112
22	120
23	128
24	136

NOTE: The square foot area stated above may be doubled for a two-sided sign.

(7)

At no time shall the ends or face surface of such signs be less than the height in feet of such signs from any adjacent property line.

Banners, signs across public streets, sidewalks and rights-of-way.

Where permitted. No person shall suspend any banner or sign across any street, sidewalk or public right-of-way from any utility poles in the City of Fulton except from poles designated and approved by the City for such use.

Permit required. No person shall suspend any banner or sign across any street, sidewalk or public right-of-way from poles designated and approved by the City without first obtaining a permit from the Bureau of Code Enforcement.

Insurance required. When a banner or sign is suspended or situated over a public street, sidewalk or public right-of-way, the permittee must furnish to the City of Fulton a certificate from an insurance company duly authorized to conduct business in the State of New York, certifying that the permittee has in force and effect a policy of general liability insurance in a minimum amount of $100,000/$300,000 coverage for bodily injury and $50,000 for property damages.

Length of permits; who may apply. No political parties or candidates shall be allowed to use these poles. The permit period should not exceed two weeks without the consent of the Common Council. Not-for-profit organizations shall not have to pay a permit fee. Profit-making organizations shall pay a fee of $100 for the first week and $75 for the second week. All organizations shall pay a security deposit of $100, to be returned when the banner is removed according to the terms of the permit.

Erection and maintenance of banner; approval. The banner or sign should be erected only by an experienced person knowledgeable in safe, effective methods of displaying banners. The person erecting the sign or banner must be approved by the City. Furthermore, the permittee must list at least two persons who may be contacted if there are any problems with the banner. Before any permit may be issued, the City of Fulton Police Department and the New York State Department of Transportation, in that order, must grant their approval.

(6)

Further conditions of permit.

The banner will be affixed securely to both poles.

(b)

The lowest point on the banner shall be at least 15 feet above the road.

(c)

The banner will be attached by use of cable not less than 1/4 inch in diameter.

(d)

The banner will be constructed of a flexible type material which will not tear but will flex with the wind.

(e)

If at any time a problem exists and the designees set forth above cannot be contacted, the City shall remove the banner and bill the permittee for the cost of removal. The City shall retain the banner until this is paid. Until this charge is paid, the permittee shall not be allowed another permit for the erection of a banner.

(f)

The banner must be removed by approved personnel within 72 hours after the completion of the event being advertised or a shorter time thereafter as designated in the permit if another organization is scheduled to erect a banner within that time period.

(g)

The application and acceptance of a permit by an organization shall constitute an agreement by that organization to comply with all of the requirements set forth in this subsection.

(h)

Application to Zoning Board of Appeals.

Where strict compliance with the provisions of this section may create practical difficulties or unnecessary hardship on the part of the applicant, a notice of appeal for relief may be submitted to the Zoning Board of Appeals, provided that such relief is taken within 30 days from the time of the denial of the Code Enforcement Officer.

The regulations set forth in this section are not inclusive and shall be subject to such special conditions as may be imposed by the Board of Zoning Appeals or the City Planning Commission in the exercise of their respective functions as set forth elsewhere in this chapter and shall also be subject to regulations applying to specific uses. These regulations shall not be deemed to supersede any other laws applicable to the City of Fulton which may provide other or more stringent controls and are intended to supplement the same with reference to the scope of regulations encompassed herein. Any conflict in the provisions of any other section of this chapter and this section shall be controlled by the language in such other section.

For the purposes of this section, a "screening device" shall be defined as any man-made barrier, except as provided in Subsection D of this section, including walls, fences or similar structures, which is or could be installed on a permanent basis and which is intended to block or restrict sight or view.

Height and location.

Front yard. No screening device shall exceed four feet in height if placed within a required front yard. [See special requirements in Subsections C(3)(a), D(1) and (2) and E.]

Side and rear yards. No screening device shall exceed six feet in height within required side and/or rear yards.

Corner lots. On corner lots, that portion of lot contiguous to a public right-of-way shall be considered as a front yard area for the purpose of applying the regulations herein.

Visibility at street corners. On a corner lot in any district where a front yard is required, no fence, wall, hedge or other structure or planting more than three feet in height above street grade shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 20 feet distant from the point of intersection, measured along said lines.

Special height allowance. Within commercial or manufacturing zoning districts only, screening devices may attain a height of eight feet within any yard, required or otherwise.

Waivers. The Zoning Board of Appeals may approve the location or height of a screening device otherwise prohibited by this subsection upon a showing by the applicant that such fence will not be detrimental to the interests of adjoining uses, whether existing or permitted, or the general health, safety or welfare of the community, with particular attention to vehicular or pedestrian traffic. No application shall be decided until after a hearing with the applicant in accordance with the procedure entitled "Zoning Board of Appeals."[1]

Editor's Note: See Art. IX, Board of Appeals.

Plantings.

Plantings, except trees, shall not exceed three feet in height if placed within 10 feet of the front property line.

Any trees situated within the required front yard which are located within three feet of a sidewalk and whose branches overhang the sidewalk shall have all branches which overhang such sidewalk trimmed up to a height of seven feet above the ground.

Type.

Fencing permitted within required front yards shall be of an open design such as chain link, ornamental iron, rail and picket where the ratio between space and fence material is at least 50:50 or its equivalent. Opaque fences such as basket-weave and stockade are not permitted within the required front yards.

Barbed wire, wire or electrical screening devices shall not be used. Exception to this prohibition shall apply to properties zoned Manufacturing M-1 which are located farther than 500 feet from property zoned residential or used for residential purposes.

Any fence shall have its most pleasant or decorative side facing the adjacent properties. Fence posts will be placed on the inside of the fence.

Maintenance. All screening devices and plantings shall be maintained in a sound and safe condition at all times.

Nonconforming screening devices. Where a lawful screening device exists at the effective date of adoption or amendment of this article that could not be constructed under the terms contained herein by reasons of restrictions on height, visibility characteristics, location or any other requirement concerning said screening device, such screening device may be continued so long as it remains otherwise lawful, subject to the following provisions:

No such screening device may be enlarged or altered in a way which increases its nonconformity, but any such screening device or portion thereof may be altered to decrease its nonconformity.

Where a screening device is damaged due to any cause, including deterioration due to the elements, or is declared unsafe, and the cost of restoration or correction exceeds 50% of the replacement cost of the entire screening device, the same shall not be so corrected or restored except in compliance with the provisions of this article.