It is the finding of the Town Board of the Town
of Lockport that the continued proliferation of signs in the Town
has caused a deterioration of the natural beauty, and the developed
aesthetic beauty of the Town; that the number and size of signs exceeds
that which is appropriate and necessary; that billboards are especially
detrimental to the aesthetic appearance of the Town; that many alternative
means of advertising are economically available so that billboards
need not be used in the Town to advertise, including on-premises signs,
radio and television, advertising, cable television advertising, internet
advertising, fliers, newspaper advertising, direct mailing, among
other forms of advertising; that billboard advertising constitutes
visual pollution, causes dangerous traffic conditions, and increases
the likelihood of accidents, inhibits tourism by causing the Town
to be a less attractive place to visit, and is harmful to the general
welfare of the residents of the Town; that overuse of temporary signs
has further diminished the aesthetic appearance of the Town, and temporary
signs have been overused to increase total signage on properties;
that signs of all types need to be regulated in the Town; and that
the regulation of signs in the Town is necessary for the following
purposes:
A.Â
To improve and preserve the scenery and the natural
beauty of the Town, and its various areas;
B.Â
To prevent cluttering of excessive signs;
C.Â
To protect the Town and its citizens from dangers
caused by distractions and obstructions associated with signs, causing
traffic safety concerns, including accidents;
D.Â
To enhance the appearance of the various neighborhoods
of the Town, including commercial, residential and industrial neighborhoods;
E.Â
To protect property values, create a more attractive,
economic and business climate and protect the physical appearance
of the community from the effects of inharmonious and out-of-scale
signs;
F.Â
To enhance the quality of life of residents of the
Town and to protect the general welfare;
G.Â
To control signs so that their appearance will be
aesthetically harmonious with the overall design of the Town and its
areas;
H.Â
To curb and reverse deterioration of the natural and
developed beauty of the community;
I.Â
To prevent proliferation of the number of signs, the
movement of signs, the flashing of signs, the undue illumination of
signs, and other sight gimmick compilation amongst businesses for
competitive edge, at the expense of the overall aesthetic attractiveness
of the Town and its neighborhoods.
If any definition in the section shall conflict
with any other definition, use or meaning in this chapter, the definition
set forth herein shall control for this article. As used in this article,
the following terms shall have the meanings indicated:
A name, identification, description, display or illustration
which is affixed to, or painted, or represented in any fashion directly
or indirectly upon a building, structure, premises, or piece of land
which directs attention to an object, product, service, place, activity,
person, institution, organization or business and which is visible
outside of a building or structure.
Any sign that attracts attention to an object, product, service,
place, activity, institution, organization or business not available
or located on the lot where the sign is located.
A sign attached to the soffit or under the fascia of a structure,
canopy, covered entrance or walkway, awning or marquee.
Any sign used for the purpose of advertising or identifying
a product, business or commercial service.
The entire area within the single, continuous perimeter enclosing
the extreme limits of writing, representation, emblems or any figure
or similar character, together with any material or color forming
an integral part of the display or used to differentiate such sign
from the background against which it is placed. The supports, uprights,
or structures on which any sign is supported shall not be included
in determining the sign (face) area unless such supports, uprights,
or structures are designed in such a manner as to form an integral
part of the display. Where a sign has two faces, the area of one side
shall be the face area of the sign, where such faces are parallel,
evenly back to back, and within two feet of each other. In all other
cases, the combined area of all faces shall be the face area of the
sign.
A sign attached flat against the fascia.
A sign resting upon or attached to the ground by means of
an integral base or one or more poles or standards. Freestanding signs
include both pole signs and ground signs.
Any sign which is not a commercial sign.
Any portable sign or any sign capable of or intended for
movement from place to place or any sign mounted on wheels or any
frame not permanently affixed, or menu or sandwich board signs or
balloons or banners used as signs or signs displayed on a vehicle
which is not used in the ordinary course of a business other than
for sign display, except that signs authorized without a permit are
not temporary signs for purposes of this chapter.
A sign integral with or attached to and supported by the
exterior wall of a building.
The regulations contained in this section shall
apply to all signs and use districts.
A.Â
No sign shall be constructed, placed, erected or maintained
in the Town of Lockport, unless allowed and in conformance with this
article.
B.Â
Illumination. Any illuminated sign or lighting device
shall employ only lights emitting a light of constant intensity, and
no sign shall be illuminated by or contain a flashing, intermittent,
rotating or moving light or lights. No illuminated sign or lighting
device shall be placed so as to cause the beams and illumination therefrom
to be directed upon a public street, highway, sidewalk or adjacent
premises so as to cause glare or reflection that may constitute a
traffic hazard or nuisance. The full number of illuminating elements
of a sign shall be kept in working condition. Overhead wire or exposed
wires on a sign are prohibited. Any sign which is capable of changing
the format or message may not change any more than once every 60 seconds.
[Amended 12-30-2015 by L.L. No. 8-2015]
C.Â
No fluorescent or luminescent materials may be utilized.
D.Â
Signs on public property. No sign shall be placed
in any street right-of-way or on other public property, unless erected
by the public entity having control of the property.
E.Â
Roof signs. No signs, except such directional devices
as may be required by the Federal Aviation Agency, shall be placed,
inscribed or supported upon or above the highest part of the roofline.
F.Â
Banners. No banners, posters, pennants, ribbons, streamers, spinners, or other similar moving, fluttering or revolving signs or strings of lights shall be permitted, except that banners and posters may be permitted as set forth in § 200-173E.
G.Â
Obstructions. No sign shall create a traffic hazard
by obstructing the view at any street intersection or by design resemblance
through color, shape or other characteristics common to traffic control
devices. No freestanding sign having the lowest member, excluding
the pole, less than eight feet above the finished grade shall be allowed
on corner lots in a triangle formed between points on the front and
side lot lines 35 feet from the intersection.
H.Â
Setbacks. All signs must be set back so that every
part of the sign and any supporting structure is no closer than 10
feet to the road or street right-of-way or property lines.
I.Â
Maintenance of signs. All signs and sign structures
shall be constructed and maintained in good repair and condition and
in conformance with applicable laws and building codes. Signs and
their supporting structures which no longer serve the purpose for
which they were intended or which have been abandoned or are not maintained
in accordance with this chapter and other applicable regulations of
the Town shall be removed by the owner, lessee or user thereof, the
permit holder or owner, lessee or user of the premises upon which
they are located.
J.Â
Protection of First Amendment rights. Any sign allowed
under this chapter may contain, in lieu of any other copy, any otherwise
lawful noncommercial message.
The following signs are permitted in all districts
as accessory uses or structures, without a use permit:
A.Â
Sale, lease, or rental. One sign for each building
or lot advertising the sale, rental or lease of the premises or part
thereof on which the sign is displayed, not exceeding six square feet
in residential districts and 24 square feet in business and industrial
districts. Illumination shall not be permitted.
B.Â
Address. One sign indicating the name and address
of the occupants of a dwelling, not exceeding two square feet in area.
C.Â
Project name. One sign indicating "project name" and
the names of the architect, engineer, contractor and participating
public and governmental agencies and officials, placed on premises
where construction, repair or renovation is in progress, not exceeding
20 square feet in face area, 15 feet in height or located not less
than 25 feet from the lot line and 75 feet from any dwelling not within
the project. Such sign shall be permitted for a period not to exceed
six months.
D.Â
Signs erected and maintained pursuant to and in discharge
of any governmental function.
E.Â
Signs less than three square feet prohibiting trespassing.
F.Â
Integral, decorative or architectural features of
buildings, except letters or trademarks.
G.Â
Signs not exceeding four feet per face directing and
guiding traffic and parking on private property and bearing no advertising.
H.Â
Signs not exceeding one square foot per face advertising
the cost of gasoline when attached to a gasoline pump or service island
canopy.
I.Â
Signs inside buildings in business, industrial, and
commercial buildings, visible through windows, as window signs, not
exceeding 30% of window area.
J.Â
American and state flags.
A.Â
Residential districts. The following signs shall be
permitted in residential districts (AG, AR, R-1, R-2, ADR and MHP
Districts).
[Amended 1-9-2019 by L.L.
No. 1-2019]
(1)Â
One permanent nonilluminated subdivision or complex
sign not exceeding 24 square feet in area and four feet in height,
indicating the name of the subdivision or residential development.
(2)Â
One sign or bulletin board, which may be illuminated,
not exceeding 20 square feet in face area, located on the premises
of a public, charitable or religious institution, located at least
25 feet from any lot line, and not more than six feet in height.
B.Â
Business and industrial districts. Signs, which may
be illuminated, shall be permitted in business and industrial districts
subject to the following regulations:
(1)Â
The total maximum face area of all signs other than
temporary or portable signs permitted shall be two square feet for
each one foot of street frontage of the lot. Where the lot fronts
on two streets, the total maximum face area shall be two square feet
for the frontage on one street and one square foot for frontage on
the second street.
(2)Â
The area of a pictorial design, illustration, and
forms of humans, animals, products and trademarks shall be charged
against the maximum sign face area permitted.
(3)Â
Types and numbers of signs permitted within total
maximum face area; design requirements:
(a)Â
Wall signs. Wall signs shall be permitted for
each separate establishment or enterprise occupying a building or
unit thereof, but shall not project beyond the ends of the building
or its parapet or the highest point of the roof, whichever is higher.
(b)Â
Freestanding. One freestanding sign for each
individual building not a part of a multiple development as hereinafter
defined and regulated shall be permitted.
[1]Â
Such signs shall not exceed 25 feet in height.
Such signs shall not be pole signs. Such signs shall be constructed
on a solid base consisting of brick or decorative building material,
excluding concrete block, and shall be landscaped with a landscaped
area of not less than 2.5 feet on each side and front and rear of
the sign which shall contain plantings as approved by the Planning
Board.
[Amended 5-5-2010 by L.L. No. 2-2010]
[2]Â
Such signs shall be located not less than 50
feet from an adjacent residential lot.
[3]Â
The maximum total face area shall be determined by the street frontage of the lot as indicated in the following table. Where the lot fronts on more than one street, the frontage shall be the length of the longest side. Total freestanding sign area shall be charged against the maximum face area indicated in Subsection B(1) above.
[Amended 5-5-2010 by L.L. No. 2-2010]
|
Street Frontage
(feet)
|
Under 500 Feet
|
Over 500 Feet
| |
|---|---|---|---|
|
Maximum sign surface area
(square feet)
|
96
|
160
|
(c)Â
Under-canopy/fascia signs. Not more than two
signs for each establishment or enterprise shall be permitted. However,
a fascia sign and an under-canopy sign suspended from and parallel
to the fascia shall not be permitted. Such signs:
[1]Â
Shall identify only the name and/or type of
establishment and/or address.
[2]Â
Shall have a vertical dimension not exceeding
18 inches.
[3]Â
Shall not have a member less than eight feet
above the finished grade, nor more than 25 feet above the finished
grade.
[4]Â
Shall not exceed nine square feet in face area
for a single face.
(d)Â
Multiple development.
[1]Â
For the purposes of this subsection, a "multiple
development" shall be defined as two or more offices or commercial
or industrial establishments or enterprises, or combinations thereof,
which are located in a single building or in two or more buildings
developed as part of a single integrated development.
[2]Â
Signs in multiple developments; total square
footage.
[a]Â
Each individual establishment or enterprise shall be permitted to have wall, under-canopy or fascia signs. The total square footage of all individual enterprises may exceed that allowed by Subsection B(1), provided that the total square footage, exclusive of the freestanding sign, shall not exceed two square feet per lineal foot of the longest facade of the unit in which the enterprise is located.
[b]Â
One freestanding sign per multiple
development advertising the name of the development and any establishment
in the development. The face area of the freestanding sign may be
at a maximum of 96 square feet up to 400 feet of street frontage,
and is 150 square feet over 400 feet of street frontage, and shall
be in addition to the maximum face area otherwise allowed.
[3]Â
Comprehensive design program.
[a]Â
In multiple developments, a sign
plan shall be presented as part of the Planning Board's site plan
review showing specifications to which all signs within the development
area shall conform, including but not limited to the following: sign
type, lettering or graphic style, size, shape, scale, colors, lighting,
materials, installation, and position on the site plan. This includes
directional and identification signage. Future tenants or owners in
the development shall conform to the approved sign plan.
[b]Â
In reviewing a comprehensive design
program during the site plan review process, the Planning Board shall
require that the signs will meet the following general design criteria
to the maximum extent practicable:
[i]Â
Be in scale with the building or
group of buildings and the overall site;
[ii]Â
When part of a shopping center
or plaza, promote a unified look for the development that is coordinated
with other design elements such as lighting;
[iii]Â
Be harmonious with the architectural
character of the building on which they are placed and its immediate
surroundings;
[iv]Â
Minimize coverage of any notable
architectural features on the building(s);
[v]Â
Groups of related signs (e.g.,
signs on the same building) should express uniformity and create a
sense of harmonious appearance;
[vi]Â
Landscaping. The Planning Board
may require that landscaping be used at the base of a freestanding
sign if such landscaping will make the sign more compatible with the
surrounding area. Required landscaping may include one or more of
the following types of vegetation: ivies, grasses, flowers, bushes,
and small trees;
[vii]Â
Supporting framework. The supporting
framework of all projecting, awning, or freestanding signs shall be
in proportion to the size of such sign. Materials shall be compatible
with the sign itself and other design elements such as lighting, fences,
etc.
Temporary signs shall not be erected, used or
maintained without a permit issued by the Building Inspector, and
shall not exceed 32 square feet. Temporary signs shall be permitted
only for the following purposes and durations:
A.Â
New business enterprises, for a period not exceeding
30 days from opening.
B.Â
Business enterprises which have lost the use of an
existing sign by reason of fire or other catastrophe, for a period
not exceeding 30 days.
C.Â
Special activities in connection with the principal
uses or activity on the premises, for a period not exceeding 15 days
per permit. No more than three permits shall be given in any calendar
year for any business on the premises. Except in multiple developments,
permits may run consecutively.
D.Â
No more than one temporary sign shall be permitted
in a multiple development at any one time.
E.Â
Posters and banners may be erected as temporary signs,
if they are attached to buildings at all corners.
F.Â
All temporary signs shall be removed by the expiration
of the permit.
Billboards are not permitted in any district
in the Town of Lockport. Any billboard existing as of the date of
enactment of this chapter shall be removed on or before October 14,
2009. Until such removal date, billboards shall be nonconforming signs.
No sign for which a permit is required shall
be erected or maintained until a permit has been issued therefor by
the Building Inspector. The permit application shall, in addition
to such other required, be accompanied by a site plan showing all
structures and existing signage on the premises and the proposed signage.
Sufficient detail shall be submitted to demonstrate compliance with
the provisions of this chapter.
A.Â
Except as otherwise provided herein, a use permit
required by and issued pursuant to the provisions herein shall be
valid for a period of five years from the date thereof. Prior to the
expiration of the five-year period, the owner of such sign shall apply
to the Building Inspector for renewal of the use permit. If the Building
Inspector, after inspection, finds that the sign is in good repair
and conforms to the original permit, he shall issue a renewal permit,
which shall be valid for a further period of five years. Application
for further renewals shall be made every five years in accordance
with these provisions. Any sign for which a use permit has expired
shall be removed.
B.Â
No sign erected and permitted pursuant to a use permit
as required or any sign erected and existing prior thereto shall be
altered, rebuilt or modified unless it conforms to the requirements
of this chapter and a new use permit therefor is issued.
C.Â
Any violation of this article shall constitute a violation
of this chapter. Any person or entity having an interest in a premises
in violation, either as a tenant or owner, shall be subject to the
provisions of this article, and any person or entity owning, allowing,
erecting, or otherwise controlling signs shall be subject to the provisions
of this chapter shall be subject to the penalty provisions of this
chapter.
D.Â
Sign permits shall be a separate permit and shall
be required in addition to building permits.
E.Â
Upon application for a sign permit or renewal thereof,
a fee shall be paid in addition to all fees required under the Building
Code, established and changed from time to time by the Town Board
by resolution.
Signs, conforming to the regulations prevailing
prior to the effective date of this amendment, but which do not conform
with the regulations herein or subsequent amendments, shall be nonconforming
signs. Any sign or part thereof which has been blown down, destroyed,
damaged in excess of 50% of the value of the sign, or otherwise taken
down for any purpose other than repair, shall not be rebuilt, re-erected
or relocated unless it complies with the provisions of this article
and other applicable regulations.
A.Â
Severability. This article, and its various parts,
are hereby declared to be severable. If any section, clause, provision
or portion of this article is declared invalid or unconstitutional
by a court of competent jurisdiction, such decision shall not affect
the validity of this article as a whole. All parts not declared invalid
or unconstitutional shall remain in full force and effect.
B.Â
Conflict. If any part of this article is found to
be in conflict with any other law or any other part of this chapter,
the most restrictive or highest standard shall prevail. If any part
of this article is more stringent or in conflict with any federal
or state law, this article shall prevail unless the federal or state
law explicitly preempts local regulation.
C.Â
This article shall not be interpreted to regulate
the display of United States or New York State flags, unless such
interpretation is held to be necessary to cause this article to be
upheld pursuant to the provisions of the United States or New York
State Constitution.
D.Â
This article shall be interpreted so as to comply
with constitutional protections.
