No sign (deemed to include any billboards, advertising displays,
structures or similar devices) shall be erected, moved, enlarged or
reconstructed except as expressly permitted in this article.
Applications to erect a sign within the Town shall be made to
the Code Enforcement Officer upon a form provided by the Code Enforcement
Officer and shall be accompanied by such information as may be required
to assure compliance with all applicable federal, state and local
laws and regulations. This information shall include but not be limited
to the following:
A.
The name and address of the owner of the premises on which the sign
is to be located.
B.
A clear and legible drawing, with a description and nominal dimension,
showing the location of the sign which is the subject of the permit.
Typical drawings may be as follows:
(1)
For signs mounted on building facades: building elevation showing
sign location, copy, dimensions and mounting details.
(2)
For freestanding identification or directory signs: a site plan showing
approximate sign locations and setbacks, elevation, copy and dimensions
of the sign and details of the post and base assembly.
A.
The Code Enforcement Officer shall issue a permit for the erection,
alteration or relocation of all signs within the Town, with the exception
of exempt signs as defined herein, when the permit application is
properly made and all appropriate fees have been paid.
B.
No permit for a sign issued hereunder shall be deemed to constitute
permission or authorization to maintain an unlawful sign, nor shall
any permit issued hereunder constitute a defense in an action to abate
an unlawful sign. For purposes of determining the expiration date
of any permit, the date of issuance of the permit shall be deemed
the time at which the sign is erected or installed.
Application for permits shall be filed with the Code Enforcement
Officer, together with the required permit fee. The amount of the
fee shall be in accordance with the Standard Schedule of Fees of the
Town of New Windsor.[1]
When a sign permit application is denied by the Code Enforcement Officer, he shall give written notice of the denial to the applicant, together with a brief written statement of the reason or reasons for denial. Any appeal shall be taken to the Zoning Board of Appeals and shall be made to the Board in accordance with § 300-85.
The following operations shall not be considered as creating
a sign insofar as requiring the issuance of a sign permit, but the
signs must be in conformance with all other codes, electrical laws
and regulations of the Town:
A.
The changing of the advertising copy or message on an existing approved
painted or printed sign, marquee, changeable copy sign or a similar
approved sign, whether electrical, illuminated, variable message display
(i.e., digital or electronic), or nonilluminated painted message,
which are all specifically designed for the use of replaceable copy.
[Amended 5-3-2023 by L.L. No. 4-2023]
B.
The painting, repainting, cleaning or other normal maintenance and
repair of a sign not involving structural changes. Replacement of
the plastic face will be included as an exempt operation, provided
that it is due to a change caused by breakage and/or deterioration
of the face but not for the substitution of a new or different advertiser.
C.
Changes in the content of show window displays and permitted temporary
signs with a valid permit.
D.
No Town-erected
sign shall require a permit for same.
[Added 5-3-2023 by L.L. No. 4-2023]
A.
Each residential and/or commercial building, structure or development
in the Town shall be required to install satisfactory identification
indicating the house (or building) number and, as applicable, name
of the occupant or the location. This requirement shall be deemed
necessary for health, safety and general welfare should an emergency
incident occur. Required signs shall comply with the applicable provisions
of this Code and shall be subject to the guidelines of the Town Emergency
911 Coordinator.
B.
All commercial parks and/or multifamily developments shall provide,
where required by the Code Enforcement Officer, or as required by
the Planning Board, a directory and directional sign intended to assist
(guide) emergency response units to locations within the development.
Such signs shall be subject to review of the Town Emergency 911 Coordinator
and the officer and/or board requiring the installation.
C.
Fire prevention
signage.
(2)
For
firefighting purposes, all existing fire walls that are not identifiable
by the extension of the fire wall through the roof must be marked
by a sign on the exterior wall of the building at each end of the
fire wall, in order to be seen by firelighters. The sign is to read
"fire wall here" and is to be clearly visible and unobstructed from
view on the outside of the building. The sign shall be six inches
in width and two feet in length. The sign is to be affixed to the
exterior building wall under the soffit of the building.
D.
Installation
of required signs under this section shall be exempt from permitting
requirements.
A.
Nonresidential
zoning districts (AP, NC, HC, LC OLI, and PI).
(1)
Freestanding
signs.
(a)
For any nonresidential business site, permitted by right, by special
permit or by variance, one freestanding, indirectly illuminated sign
supported by an ornamental post or base set in the ground behind the
property line or sidewalk line so as to be free of pedestrian traffic,
not obstruct sight distance or otherwise pose a hazard or be a nuisance,
or one similarly freestanding variable message display, shall be permitted.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
Such signs shall not exceed 64 square feet, total all faces, nor
be more than 15 feet above ground level, measured from the top of
the sign to the average ground level at the sign base.
[Amended 5-3-2023 by L.L. No. 4-2023]
(c)
Such sign shall not be illuminated in a manner so as to create a
hazard or nuisance to traffic or adjoining properties.
(d)
If the site has two main vehicular entrances, the Planning Board
may approve, at its discretion, one additional full-size freestanding
sign, or freestanding variable message display, at the second entrance,
but in no case shall the signs be spaced closer than 300 feet (measured
along the road frontage).
[Amended 5-3-2023 by L.L. No. 4-2023]
(e)
Variable message displays within the Town of New Windsor shall, with
regard to issues concerning display timing, placement, visibility
and legibility, be guided by applicable state and federal guidance
in effect at time of installation, including but not limited to that
contained within the Manual on Uniform Traffic Control Devices (MUTCD)
and that issued by the NYS Office of Traffic Safety and Mobility and
Federal Highway Administration.
[Added 5-3-2023 by L.L.
No. 4-2023]
[1]
Display visibility: Visibility is the distance at which a motorist
can first detect a sign on the roadway. Components of visibility include
the ease in which a sign can be detected and how well it attracts
the driver's attention (target value); the ease in which the message
can be seen (brightness); the ease in which the message can be read
(legibility); and the ease in which it can be read from the side (cone
of visibility). To the extent any specific values are required to
meet these components of visibility, they are set forth elsewhere
within this article, except for brightness, which is discussed here.
Brightness (or luminance) is the amount of light that is coming from
a variable message display. All variable message displays must include
technology that automatically and continuously monitors ambient light
levels and adjusts the brightness of the display so that any such
display is legible at all times during daylight or nighttime, unless
impracticable given various weather conditions that are understood
to affect brightness. No such display shall allow for manual overriding
of light intensity. Certification must be provided to the Town Building
Department demonstrating that any such display has been preset to
automatically adjust the brightness to allow for continuous visibility,
and that the preset intensity level is protected from end user manipulation
by password protected software or other approved method. In the event
of a complaint, Code Enforcement may require reinspection and recalibration
in its reasonable discretion, at the owner's expense, to ensure that
proper brightness levels are maintained at all times.
[2]
Display placement: Variable message displays shall be plainly visible
to motorists traversing the roadways upon which they face; they shall
not impede the path of traffic or emergency vehicles; they shall be
raised so that the bottom of the display is at a minimum height of
five feet off the surface, which shall be level; they shall be turned
towards the view of oncoming motorists, at an approximate five to
10 degree angle perpendicular from the road's centerline; and if more
than one such display is visible to a driver at the same time on either
side of the roadway, the displays must be spaced at least 2,500 feet
apart on controlled access highways and at least 300 feet apart on
all other types of roadways.
[3]
Display legibility: Variable message displays must be legible from
a minimum of 650 feet from all lanes within roadways less than 45
mph, and 1,000 feet from all lanes for roadways with speed limits
45 mph or more. Messages on such displays may not contain the appearance
of motion or animation, though transitions between messages may contain
the appearance of motion or animation.
[4]
Display timing: Motorists' exposure time to a variable message display
message must always be equal to or greater than the message display
time. Depending upon the speed of the roadway, message length must
be adjusted to ensure the display time fits within the exposure time
and affords motorists time to read the complete message twice. The
minimum display time for a variable message display panel is 1.5 seconds,
with a customary time interval of 2.0 seconds or longer per panel,
as per the MUTCD.
[5]
Other requirements: The use, size and location of electronic variable
message displays must comply with all other relevant regulations and
laws of the Town and may only display messages about goods, services
or events that are sold by or sponsored by the owner/occupant of the
property where the display is located, with exceptions made only for
the display of messages about public emergencies, public events and
the recruitment for volunteer public emergency and fire services.
Variable message displays may not be used to display messages that
would be considered obscene, per NYS Penal Law Article 235, or messages
containing any offensive sexual material, per NYS Penal Law § 245.10,
245.11 and 245.15.
(2)
Facade
signs.
(a)
For any nonresidential business site, in addition to any permitted freestanding signs, one sign for each permitted business, whether static or variable message display type, may be located on the building facade, with the sign face not to exceed 3.5 feet in height and 12 feet in width, or 42 square feet of total surface area, whichever is greater. Any such variable message display must comply with all the same regulations discussed above in § 300-45A(1), Freestanding signs.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
If the building face (at the location where the facade sign
is to be mounted) is greater than 300 feet from the street (property)
line which it fronts, the maximum permitted height of the facade sign
can be increased to 4.5 feet.
(c)
If a permitted business or establishment has more than one main
building entrance, one additional full-size facade sign will be permitted,
but in no case shall the additional sign be located on the same building
face as the other permitted sign.
(3)
Temporary signs.
(a)
Temporary signs, whether static or variable message display type, shall not exceed 64 square feet, total all faces (unless otherwise specifically noted), and may be displayed for not more than 45 consecutive days in any consecutive twelve-month period, except as permitted under Subsection A(3)(c) and (d) below. Any such variable message display must comply with all the same regulations discussed above in § 300-45A(1), Freestanding signs.
[Amended 5-3-2023 by L.L.
No. 4-2023]
(b)
One real-estate-type temporary sign, whether static or variable message display type, shall be permitted for any structure for sale, lease or for rent, provided that such sign is located entirely on the property to which the sign applies, with such sign not to exceed six square feet, total all faces, and not to exceed six feet in height. Such use shall cease within 30 days after sale or rental is consummated and any such variable message display must comply with all the same regulations discussed above in § 300-45A(1), Freestanding signs.
[Amended 5-3-2023 by L.L.
No. 4-2023]
(c)
One temporary subdivision or site plan development sign in connection
with the marketing of lots or structures in a subdivision or site
plan application shall be permitted, whether static or variable message
display type, subject to the following conditions:
[Amended 5-3-2023 by L.L.
No. 4-2023]
[1]
Such permits may be issued for a period not to exceed one year for
each permit, upon written application at least 30 days prior to its
expiration.
[2]
Legend. The sign may contain advertising in connection with the name
of the subdivision, development, firm, building contractor or real
estate sales firm and may refer to materials, appliances, supplies
and building trades used in the construction of the dwelling units
or services provided by the developer.
[3]
No such sign shall be permitted to remain in one subdivision for
the purpose of advertising the sale of lots or structures in another
subdivision.
[4]
Such signs are not to exceed 64 square feet, total all faces, nor
be more than 15 feet above ground level, measured from the top of
the sign to the average ground level at the sign base.
[5]
The temporary development sign use shall cease within 30 days after
the sale of the last subdivision lot or rental/sale of the last site
plan structure/occupancy.
[6]
Any such variable message display must comply with all the same regulations discussed above in § 300-45A(1), Freestanding signs.
(d)
Temporary signs shall be placed on the property so as not to
obstruct any pedestrian traffic, not obstruct sight distance nor otherwise
pose a hazard or be a nuisance.
(e)
If illuminated, temporary signs shall be internally illuminated
or, if directly illuminated, shielded to prevent glare or a nuisance
and shall not include any flashing-type lights.
(4)
Portable signs.
(a)
A new business, or a business in a new location, awaiting installation
of a permanent sign may utilize a portable sign, whether static or
variable message display type, for a period of not more than 60 consecutive
days or within 30 days from installation of a permanent sign, whichever
occurs first. One thirty-day extension will be permissible, if approved
by the Code Enforcement Officer.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
A portable sign is hereby defined as 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.
(c)
Portable signs shall be placed on the property so as not to
obstruct any pedestrian traffic, not obstruct sight distance nor otherwise
pose a hazard or be a nuisance.
(d)
If illuminated, portable signs shall be internally illuminated
and shall not include any flashing-type lights.
(e)
Any portable variable message display must comply with all the same regulations discussed above in § 300-45A(1), Freestanding signs.
[Amended 5-3-2023 by L.L. No. 4-2023[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
A(4)(e) as Subsection A(4)(f).
B.
Residential zoning districts (R-1, R-2, R-3, R-4, R-5 and the CL-1
Zones).
(1)
Freestanding signs.
(a)
For any nonresidential business site permitted in a residential
zoning district, or multiple-residence development permitted by right,
by special permit or by variance, one freestanding, illuminated sign
supported by an ornamental post or base set in the ground behind the
property line or sidewalk line, so as to be free of pedestrian traffic,
not obstruct sight distance, or otherwise pose a hazard or be a nuisance,
shall be permitted. No variable message displays shall be permitted,
unless express written approval is granted by the Town's Zoning Board
of Appeals.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
For uses other than multiple-residence developments, such signs
shall not exceed 20 square feet, total all faces, nor be more than
six feet above ground level, measured from the top of the sign to
the average ground level at the sign base. For multiple-residence
developments, such signs shall not exceed 40 square feet, total all
faces, nor be more than six feet above average ground level.
(c)
Such signs shall not be illuminated in a manner so as to create
glare, a hazard or a nuisance to traffic or adjoining properties.
(d)
Accessory to permitted residences, one nonilluminated occupation
or professional sign shall be permitted with an area not to exceed
six square feet, total all faces, and not to exceed six feet above
ground level.
(e)
If a multiple-residence development has more than one main vehicular
entrance, the Planning Board may approve, at its discretion, additional
full-size freestanding signs at the additional entrances, but in no
case shall the signs be spaced closer than 300 feet (measured along
the road frontage), nor shall any such sign be of the variable message
display type.
[Amended 5-3-2023 by L.L. No. 4-2023]
(2)
Facade signs. For any nonresidential business site, in addition to
any permitted freestanding signs, one sign for each permitted business
may be located on the building facade, with the sign face not to exceed
four square feet. No variable message displays shall be permitted,
unless express written approval is granted by the Town's Zoning Board
of Appeals.
[Amended 5-3-2023 by L.L. No. 4-2023]
(4)
Portable signs. Portable signs are not permitted in residential zoning
districts.
The following types of signs or artificial lighting is prohibited:
B.
Flashing signs, including any sign or device on which the artificial
light is not maintained stationary and constant in intensity and color
at all times when in use, or signs including materials which move
or appear to move, unless such signs are deemed variable message displays
permitted by the article.
[Amended 5-3-2023 by L.L. No. 4-2023]
C.
Signs which project over a public street or right-of-way.
D.
Signs which compete for attention with or may be mistaken for a traffic
signal, or signs which purport to be or are an imitation of or resemble
an official traffic sign or signal or which bear the words "stop,"
"go slow," "caution," "warning" or words to this effect.
[Amended 5-3-2023 by L.L. No. 4-2023]
E.
The outlining by direct illumination of all or any part of a building,
such as a gable, roof, side, wall or corner, except for temporary
holiday lighting.
F.
Unless expressly allowed for elsewhere in this section, signs made
of cardboard, paper, canvas or similar impermanent materials.
[Amended 5-3-2023 by L.L. No. 4-2023]
G.
Outdoor advertising boards that either have a custom printed graphic
panel or poster holder attached to hinges on the frame that allow
the "sign" to swing with the wind.
[Amended 5-3-2023 by L.L. No. 4-2023]
H.
A-frame or sandwich board, sidewalk or curb signs, except as set forth in § 300-50Q of this article.
I.
Signs which bear or contain statements, words or pictures of an obscene,
pornographic or immoral character, as defined and prohibited in NYS
Penal Law Article 235 or §§ 245.10, 245.11 and 245.15, or
which contain false advertising, as defined in NYS General Business
Law § 350-a.
[Amended 5-3-2023 by L.L. No. 4-2023]
J.
Inflatable
signs, figures or objects which compete for motorist attention.
[Added 5-3-2023 by L.L. No. 4-2023]
Such business signs that advertise an activity, business, product
or service which is no longer conducted or available on the premises
on which the sign is located shall be prohibited.
No person shall park any vehicle or trailer on a public right-of-way,
public property or on private property so as to be visible from a
public right-of-way if said vehicle or trailer has attached thereto,
or located thereon, any sign or advertising device for the basic purpose
of providing advertisement of products or directing people to a business
or activity located on the same premises. This section is not intended
to prohibit any form of vehicular signage, such as a sign attached
to a bus or lettered on a motor vehicle, provided that such vehicles
have current year registrations.
[Amended 5-3-2023 by L.L. No. 4-2023]
No sign shall be permitted which is placed on public property
or over or across any street or public thoroughfare, except by the
Town of New Windsor or as may otherwise expressly be authorized by
this article.
[Amended 4-7-2021 by L.L. No. 3-2021; 5-3-2023 by L.L. No. 4-2023]
The following signs are exempt from the permit requirements
set forth by this article, except that, where noted, size, quantity
and other indicated limitations shall apply for the specific type
of sign, and maintenance of all signs, as described elsewhere in this
article, shall be required:
A.
One construction sign per construction project, not exceeding 10
square feet in area in residential zones and 30 square feet in area
in nonresidential zones, provided that such signs shall be erected
no more than 30 days prior to the beginning of construction for which
a valid building permit has been issued, shall be confined to the
site of construction and shall be removed no later than 30 days after
completion of construction and/or prior to occupancy.
B.
Nonelectrical, nonilluminated, directional or instructional signs
as reasonably necessary to provide direction or instruction and located
entirely on the property to which they pertain; signs identifying
restrooms, public telephones or walkways; or signs providing direction,
such as parking lot entrances and exits; except that, where a project
is subject to site plan review, at the sole discretion of the Code
Enforcement Officer, these type signs may require application to the
Planning Board for approval.
C.
Flags, emblems or insignia-type signs of any nation, state, political
subdivision, or corporation. The maximum permitted height for these
type signs shall be 25 feet in residential zones and 35 feet in nonresidential
zones. No more than three such signs (flags, emblems or insignia)
in total shall be installed (displayed), unless the additional signs
are approved by the Planning Board as an element of a site plan.
D.
Governmental signs for control of traffic and other regulatory purposes,
street signs, danger signs, railroad crossing signs and signs of public
service companies indicating danger and aids to service or safety
which are erected by or on the order of a public officer in the performance
of his public duty.
E.
Temporary holiday decoration signs of a primarily decorative nature,
customary and commonly associated with a national, local or religious
holiday.
F.
House numbers and nameplates (nonilluminated) for each residential
dwelling unit, not to exceed two square feet, total all faces, indicating
the name of the occupant and/or the location.
G.
Interior signs located within a building or stadium or within an
enclosed lobby or court of any building and signs for and located
within the inner or outer lobby, court or entrance of any theater.
H.
Memorial signs, tablets or plaques or names of buildings and dates
of erection when cut into any masonry surface, inlaid or otherwise
directly fastened to the building so as to be part of the building
or when constructed of bronze or other noncombustible material.
I.
Notice bulletin boards not over 20 nominal square feet in area for
medical, public, charitable, civil or religious institutions, where
the same are located on the premises of said institutions.
J.
"No Trespassing" or "No Dumping" signs (or similar such signs) not
to exceed 1 1/2 square feet in area per sign, spaced evenly along
the property, spaced no closer than 250 linear feet, measured along
the property line; however, in each case, one such sign will be permitted
on each side of the property, regardless of spacing (separation).
K.
Public notices. Official notices posted by public officers or employees
in the performance of their duties.
L.
Public signs (temporary or permanent) required or specifically authorized
by any law, statute or ordinance, which signs may be of any type,
number, area, height above grade, location, illumination or animation
required by the law, statute or ordinance under which the signs are
erected.
M.
Religious symbols, commemorative plaques of recognized historical
agencies or identification emblems of religious orders or historical
agencies, provided that no such symbol, plaque or identification emblem
shall exceed four square feet in area, and provided further that all
such symbols, plaques and identification emblems shall be placed flat
against a building.
N.
Warning signs, alerting the public to the existence of danger but
containing no advertising material, of a size as may be necessary,
to be removed upon subsidence of danger.
O.
At gasoline stations and repair garages:
(1)
Integral graphics or attached price signs on gasoline pumps, and
graphics or company identification on island canopies; however, the
size or shape of the canopy shall not be modified to expand the same
for purposes of additional signage use. This does not exempt canopies
from the required reviews and approvals of the Code Enforcement Officer
and Planning Board.
(2)
Two price, product or promotional signs, each not exceeding 12 square
feet (total all faces) or six square feet per side, if located on
the pump island, or set not closer than 10 feet from the edge of the
roadway pavement, nor exceeding eight feet above grade, nor situated
so as to impair visibility for pedestrians or motorists.
P.
Signs of a temporary nature erected as participation in approved
public parades, public events or public celebrations. Such signs shall
not be erected or otherwise displayed for more than a total of 10
days, nor three days after the event. Such signs shall not obstruct
vehicular or pedestrian sight distance or movement nor otherwise create
a nuisance.
Q.
Banners and related signs. In nonresidential districts, banners,
flags, streamers, pennants and the like will be permitted as a special
business opening promotion for a total period of 30 days on a one-time
basis only. In residential districts in connection with an open house
or model home demonstration for a new project, such banners, flags,
streamers, pennants and the like shall be permitted for a total period
of 15 days on a one-time basis per project or section of a project.
R.
Political
campaign signs announcing the candidates seeking public office and
other data pertinent thereto, up to an area of 32 square feet for
each lot. All such signs shall be confined to private property and
removed within 14 days after the election for which they were displayed.
S.
All governmental
signs and variable message displays designed and used to advertise
or announce any governmental sponsored events, functions and/ or services.
[Amended 5-3-2023 by L.L. No. 4-2023]
All signs shall comply with applicable provisions of the New
York State Uniform Fire Prevention and Building Code and the National
Electrical Code, year of latest revision, and the additional construction
standards hereinafter set forth in this section.
A.
Obstruction to exits. No signs shall be erected, constructed or maintained
so as to obstruct any fire escape, required exit, window or door opening
used as a means of egress.
B.
Obstruction to ventilation. No sign shall be attached in any form,
shape or manner which will interfere with any opening required for
ventilation, except that such signs may be erected in front of and
may cover a transom when not in violation of the provisions of the
Uniform Fire Prevention and Building Code.
C.
Clearance from high-voltage power lines. Signs shall be located in
such a way that they maintain horizontal and vertical clearance of
all overhead electrical conductors in accordance with National Electrical
Code specifications, depending on voltages concerned. However, in
no case shall a sign be installed closer than 24 inches horizontally
or vertically to any conductor or public utility guy wire.
D.
Drainage. The roofs of all marquees shall be properly guttered and
drained.
All freestanding sign structures or poles shall be self-supporting
structures erected on or permanently attached to concrete foundations.
A.
Wind loads. All signs except those attached flat against the wall
of a building shall be constructed to withstand wind loads as follows.
(Note: The wind loads quoted below are normal averages and must be
adjusted for areas subjected to unusually high-velocity winds, for
signs of extraordinary height or for certain wind tunneling effects
created by large buildings).
(1)
For solid signs: 30 pounds per square foot of the total face area
of the letters and other sign surfaces.
[Amended 5-3-2023 by L.L. No. 4-2023]
No sign shall be suspended by chains or other devices that will
allow the sign to swing due to wind action. All signs shall be anchored
to prevent any lateral movement that would cause wear on supporting
members or connections.
A.
Maintenance and repair. Every sign, including but not limited to
those signs for which permits or for which no permits or permit fees
are required, shall be maintained in a safe, presentable and good
structural, material condition at all times, including the replacement
of defective parts, painting, repainting, cleaning and other acts
required for the maintenance of said sign. The Code Enforcement Officer
shall require compliance with all standards of this article. If the
sign is not made to comply with adequate safety standards, the Code
Enforcement Officer shall require its removal in accordance with this
section.
B.
Abandoned signs. Except as otherwise provided in this article, any
sign which is located on property which becomes vacant and unoccupied
for a period of three months or any sign which pertains to a time,
event or purpose which no longer applies shall be deemed to have been
abandoned. Permanent signs applicable to a business temporarily suspended
because of a change of ownership or management of such business shall
not be deemed abandoned unless the property remains vacant for a period
of six months or more. An abandoned sign is prohibited and shall be
removed by the owner of the premises.
C.
Dangerous or defective signs. No person shall maintain or permit
to be maintained on any premises owned or controlled by him any sign
which is in a dangerous or defective condition. Any such sign shall
be removed or repaired by the owner of the premises.
D.
Unlawful signs. No person shall erect, or permit to be erected on
any premises owned or controlled by him, any sign which does not comply
with the provisions of this article.
E.
Street improvement projects. Any sign projecting over a public right-of-way
at the time of the effective date of this article (which sign was
subject to removal or relocation at the owner's expense pursuant to
a permit or other local law of the Town) shall be removed by the owner
or altered at the owner's expense to comply with the regulations of
this article if, as the result of or after completion of a street
improvement project, said sign does not or would not comply with the
provisions of this article.
A.
The Code Enforcement Officer shall cause to be removed any sign that,
in the Officer's sole discretion, endangers the public safety: this
shall include, but not be limited to, signs that are abandoned; dangerous;
materially, electrically or structurally defective; and those for
which no permit has been issued.
[Amended 5-3-2023 by L.L. No. 4-2023]
B.
The Code Enforcement Officer shall prepare a notice, which shall
describe the sign, specify the violation involved, and state that
if the sign is not removed or the violation is not corrected within
30 days, it shall be removed in accordance with the provisions of
this section. All notices mailed by the Code Enforcement Officer shall
be sent by certified mail, return receipt requested to the last known
address of the property owner or occupant. Any time periods provided
in this section shall be deemed to commence on the date of the mailing
of the certified mail.
[Amended 5-3-2023 by L.L. No. 4-2023]
(1)
For all signs, the aforementioned notice shall be mailed to the address
where the sign is located and/or believed to be associated, and to
the owner of the property on which the sign is located as shown on
the last equalized assessment roll. Any person having an interest
in the property on which the sign is located may appeal the determination
of the Code Enforcement Officer. For all signs, the notice shall be
mailed to the owner of the property on which the sign is located as
shown on the last equalized assessment roll. Any person having an
interest in the property on which the sign is located may appeal the
determination of the Code Enforcement Officer ordering removal or
compliance by filing a written notice of appeal with the Zoning Board
of Appeals within 30 days after receipt of the notice.
(2)
In case of nuisance signs, which Code Enforcement deems a temporary
and insubstantial value, including but not limited to paper, cloth,
flags or cardboard signs affixed to telephone poles or stuck in the
ground, the Code Enforcement Officer may remove such signs on the
spot or direct the immediate removal of same without notice.
C.
In cases of emergency, the Code Enforcement Officer may cause the
immediate removal of a dangerous or defective sign without notice.
D.
Any sign removed by the Code Enforcement Officer shall become the
property of the Town and may be disposed of in any manner deemed appropriate
by the Town. The cost of removal by the Town shall be considered a
debt owed to the Town by the owner of the property and/or sign, and
may be recovered in an appropriate court action by the Town or by
assessment against the owner of the property with which it was associated.
The cost of removal shall include any and all related expenses incurred
by the Town in connection therewith..
[Amended 4-7-2021 by L.L. No. 3-2021; 5-3-2023 by L.L. No. 4-2023]
A.
Notification of nonconformance. After the enactment of this article,
the Code Enforcement Officer shall, as soon as practical, survey the
Town for signs which do not conform to the requirements of this article.
Upon determination that a sign is nonconforming, the Code Enforcement
Officer shall use reasonable efforts to so notify, either personally
or in writing, the owner of the property on which the sign is located
of the following:
[Amended 5-3-2023 by L.L. No. 4-2023]
B.
Signs eligible for characterization as legal nonconforming. Any sign
located within the Town limits on the date of adoption of this article
or located in an area annexed to the Town thereafter which does not
conform to the provisions of this article is eligible for characterization
as a legal nonconforming sign and is permitted, provided that it also
meets the following requirements:
[Amended 5-3-2023 by L.L. No. 4-2023]
(1)
The sign was covered by the permit issued or variance provided on
the date of adoption of this article, if one was required under applicable
law.
(2)
If no permit was required under applicable laws, the sign was, in
all respects, in compliance with applicable law on the date of adoption
of this article.
C.
Loss of legal nonconforming status.
(1)
A legal nonconforming designation may be lost in the event that:
(a)
The sign is altered in any way in structure or copy (except
for changeable copy signs or normal maintenance replacement due to
damage, provided that the replaced portion is a duplicate of the original),
which tends to or makes it less in compliance with the requirements
of this article than it was before the alteration.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
The sign is relocated to a position making it less in compliance
with the requirements of this article.
(c)
The sign is replaced.
D.
Legal nonconforming sign maintenance and repair. Nothing in this
section shall relieve the owner or user of a legal nonconforming sign,
or the owner of the property on which the legal nonconforming sign
is located, from complying with the provisions of this article regarding
the safety, maintenance and repair of signs; provided, however, that
any repainting, cleaning and other normal maintenance or repair of
the sign or sign structure shall not modify its structure or copy
in any way which makes it more nonconforming or the sign may lose
its legal nonconforming status.
[Amended 5-3-2023 by L.L. No. 4-2023]
A.
The intent of this section is to allow certain provisions of this
article to be modified, where such modification will encourage excellence
in the planning and design of signs. Nothing in this section, however,
is intended to permit the erection or maintenance of signs which are
prohibited by this article.
B.
In the event that any party wishes to construct or install a sign
or signs other than as permitted in this article, that party shall
be entitled to a hearing before the Zoning Board of Appeals. Governing
rules for appeals and variances required by the Zoning Board of Appeals
shall apply.
[Amended 5-3-2023 by L.L. No. 4-2023]
Failure to comply with any provision of this article shall be punishable as provided in § 300-81 of this chapter. Noncompliance shall be deemed to have commenced the day after the final date of compliance set forth in an order from the Code Enforcement Officer.
