[Added 6-17-1997 by L.L. No. 4-1997]
The purposes of these sign regulations are to encourage the effective use of signs as a means of communication in the Town; to maintain and enhance the aesthetic environment and the Town's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property: and to enable the fair and consistent enforcement of these sign restrictions. This article is adopted under the zoning authority of the Town in furtherance of the more general purposes set forth in Chapter 235, Zoning.
A sign may be erected, placed, established,
painted, created or maintained in the Town only in conformance with
the standards, procedures, exemptions, and other requirements of this
article. The effect of this article, as more specifically set forth
herein, is:
A.Â
To establish a permit system to allow a variety of
types of signs in commercial and industrial zones and a limited variety
of signs in other zones, subject to the standards and the permit procedures
of this article;
B.Â
To allow certain signs that are small, unobtrusive
and incidental to the principal use of the respective lots on which
they are located, subject to the substantive requirements of this
article, but without a requirement for permits;
C.Â
To provide for temporary signs without commercial
messages in limited circumstances in the public right-of-way;
D.Â
To prohibit all signs not expressly permitted by this
article; and
E.Â
To provide for the enforcement of the provisions of
this article.
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the Zoning Law of the Town shall be given the meanings set forth in such law. Principles for computing sign area and sign height are contained in § 235-108. All other words and phrases shall be given their common, ordinary meanings, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this article.
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or a building by a permanent frame at
one or more edges. National flags, state or municipal flags or the
official flag of any institution or business shall not be considered
banners.
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same zone lot as the
light source; also, any light with one or more beams that rotate or
move.
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry
surface or made of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
Any sign that is a part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a canopy.
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this article. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a time and temperature
portion of a sign and not a changeable copy sign for purposes of this
article.
Any sign wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
The Director of Development Services of the Town or his or
her designee.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity.
Any sign supported by structures or supports that are placed
on or anchored in the ground and that are independent from any building
or other structure.
A sign, generally informational, that has a purpose secondary
to the use of the zone lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone" and other similar directives.
No sign with a commercial message legible from a position off the
zone lot on which the sign is located shall be considered incidental.
Any piece or parcel of land or a portion of a subdivision,
the boundaries of which have been established by some legal instrument
of record, that is recognized and intended as a unit for the purpose
of transfer of ownership.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
Any sign attached to, in any manner, or made a part of a
marquee.
Any sign that does not conform to the requirements of this
article.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
Any association, company, corporation, firm, organization
or partnership, singular or plural, of any kind.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
The building in which is conducted the principal use of the
zone lot on which it is located. Zone lots with multiple principal
uses may have multiple principal buildings, but storage buildings,
garages and other clearly accessory uses shall not be considered principal
buildings.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall.
Any sign located in a district zoned for residential uses
that contains no commercial message except advertising for goods or
services legally offered on the premises where the sign is located,
if offering such service at such location conforms with all requirements
of this chapter.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
to the property line.
Any device, fixture, placard or structure that uses any color,
form, graphic, illumination, symbol or writing to advertise, announce
the purpose of or identify the purpose of a person or entity or to
communicate information of any kind to the public.
A strip of land or way subject to vehicular traffic (as well
as pedestrian traffic) that provides direct or indirect access to
property, including but not limited to alleys, avenues, boulevards,
courts, drives, highways, lanes, places, roads, terraces, trails or
other thoroughfares.
The distance for which a lot line of a zone lot adjoins a
public street, from one lot line intersecting said street to the furthest
distant lot line intersecting the same street.
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Any sign that is used only temporarily and is not permanently
mounted.
Any sign attached parallel to, but within six inches of,
a wall, painted on the wall surface of or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building and which displays only one
sign surface.
Any sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale or service, that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
A parcel of land in single ownership that is of sufficient
size to meet minimum zoning requirements for area, coverage and use
and that can provide such yards and other open spaces as required
by the zoning regulations.
The following principles shall control the computation
of sign area and sign height:
A.Â
Computation of area of individual signs. The area
of a sign face (which is also the sign area of a wall sign or other
sign with only one face) shall be computed by means of the smallest
square, circle, rectangle, triangle or combination thereof that will
encompass the extreme limits of the writing, representation, emblem
or other display, together with any material or color forming an integral
part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is placed, but
not including any supporting framework, bracing or decorative fence
or wall when such fence or wall otherwise meets zoning ordinance regulations
and is clearly incidental to the display itself.
B.Â
Computation of area of multifaced signs. The sign
area for a sign with more than one face shall be computed by adding
together the area of all sign faces visible from any one point. When
two identical sign faces are placed back to back, so that both faces
cannot be viewed from any point at the same time and when such sign
faces are part of the same sign structure and are not more than 24
inches apart, the sign area shall be computed by the measurement of
one of the faces.
C.Â
Computation of height. The height of a sign shall
be computed as the distance from the base of the sign at normal grade
to the top of the highest attached component of the sign. Normal grade
shall be construed to be the lower of existing grade prior to construction
or the newly established grade after construction, exclusive of any
filling, berming, mounding or excavating solely for the purpose of
locating the sign.
D.Â
Computation of maximum total permitted sign area for
a zone lot. The permitted sum of the area of all individual signs
on a zone lot shall be computed by applying the formula contained
in Table A,[1] regarding maximum total sign area, to the lot frontage,
building frontage or wall area, as appropriate, for the zoning district
in which the lot is located. Lots fronting on two or more streets
are allowed the permitted sign area for each street frontage. However,
the total sign area that is oriented toward a particular street may
not exceed the portion of the lot's total sign area allocation that
is derived from the lot, building or wall area frontage on that street.
[1]
Editor's Note: The tables are located at the
end of this chapter.
A.Â
Signs shall be allowed on private property in the
Town in accordance with, and only in accordance with, Table A.[1] If the letter "P" appears for a sign type in a column,
such sign is allowed without prior permit approval in the zoning districts
represented by that column. If the letter "S" appears for a sign in
a column, such sign is allowed only with prior permit approval in
the zoning districts represented by that column. Special conditions
may apply in some cases. If the letter "N" appears for a sign type
in a column, such a sign is not allowed in the zoning districts represented
by that column under any circumstances.
[1]
Editor's Note: The tables are located at the
end of this chapter.
B.Â
Although permitted under the previous subsection,
a sign designated by an "S" or "P" in Table A shall be allowed only
if:
(1)Â
The size, location and number of signs on the lot
conform with the requirements of Tables B and C which establish permitted
sign dimensions by sign type, and with any additional limitations
listed in Table A.
(2)Â
The characteristics of the sign conform with the limitations
of Table D, Permitted Sign Characteristics, and with any additional
limitations on characteristics listed in Table A.
A.Â
If a sign requiring a permit under the provision of this article is to be placed, constructed, erected or modified on a zone lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection or modification of such a sign in accordance with the requirements of § 235-116.
B.Â
Furthermore, the property owner shall maintain in force, at all times, a sign permit for such sign in accordance with § 235-116.
D.Â
No sign permit of any kind shall be issued for an
existing or proposed sign unless such sign is consistent with the
requirements of this article (including those protecting existing
signs) in every respect and with the Master Signage Plan or Common
Signage Plan in effect for the property.
All signs shall be designed, constructed and
maintained in accordance with the following standards:
A.Â
All signs shall comply with applicable provisions
of New York State Uniform Building Code and the electrical code of
the Town at all times.
B.Â
Except for banners, flags, temporary signs and window
signs conforming in all respects with the requirements of this article,
all signs shall be constructed of permanent materials and shall be
permanently attached to the ground, a building or another structure
by direct attachment to a rigid wall, frame or structure.
C.Â
All signs shall be maintained in good structural condition,
in compliance with all building and electrical codes and in conformance
with this code, at all times.
No signs shall be allowed in the public right-of-way,
except for the following:
A.Â
Permanent signs. Permanent signs, including:
(1)Â
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;
(2)Â
Bus stop signs erected by a public transit company;
(3)Â
Informational signs of a public utility regarding
its poles, lines, pipes or facilities; and
C.Â
Emergency signs. Emergency warning signs erected by
a governmental agency, a public utility company or a contractor doing
authorized or permitted work within the public right-of-way.
D.Â
Other signs forfeited. Any sign installed or placed
on public property, except in conformance with the requirements of
this article, shall be forfeited to the public and subject to confiscation.
In addition to other remedies hereunder, the Town shall have the right
to recover from the owner or person placing such a sign the full costs
of removal and disposal of such sign.
[Amended 8-18-1998 by L.L. No. 1-1998]
A.Â
Political signs. Temporary political signs shall be
permitted without a building permit subject to the following conditions
and restrictions:
(1)Â
Only one nonilluminated, nonmoving sign per zoning
lot shall be permitted per candidate.
(2)Â
Maximum total area of all signs on a zoning lot shall
not exceed eight square feet; however, there shall be no area limitation
on window signs.
(3)Â
No sign shall be permitted on fences, trees or utility
poles.
(4)Â
Political signs shall only be permitted during the
time period 45 days prior and five days after an election.
B.Â
Real estate signs.
(1)Â
Residential uses. One nonilluminated, nonflashing
sign not exceeding six square feet in area and advertising only the
prospective sale or rental of the premises on which the sign is located
shall be permitted. The sign can not be located within four feet of
a property line(s).
(2)Â
Nonresidential uses. One nonilluminated, non-flashing
sign not exceeding 32 square feet advertising only the prospective
sale or rental of the premises on which the sign is located shall
be permitted. The sign can not be located within 10 feet of a property
line(s).
(3)Â
Development. One nonilluminated, non-flashing sign
not exceeding 50 square feet in area advertising the approved development
of the premises on which the sign is located shall be permitted. The
sign can not be located within 10 feet of a property line(s).
The following signs shall be exempt from regulation
under this article:
A.Â
Any public notice or warning required by a valid and
applicable federal, state or local law, regulation or ordinance;
B.Â
Any sign inside a building, not attached to a window
or door, that is not legible from a distance of more than three feet
beyond the lot line of the zone lot or parcel on which such sign is
located;
C.Â
Works of art that do not include a commercial message;
D.Â
Holiday lights and decorations with no commercial
message, but only between November 15 and January 15; and
E.Â
Traffic control signs on private property, such as
"stop," "yield" and similar signs, the face of which meets Department
of Transportation standards and which contains no commercial message
of any sort.
All signs not expressly permitted under this
article or exempt from regulation hereunder in accordance with the
previous section are prohibited in the Town. Such signs include, but
are not limited to:
The following procedures shall govern the application
for and issuance of all sign permits under this article:
A.Â
Applications. All applications for sign permits shall
be submitted to the Director on an application form or in accordance
with application specifications published by the Director.
B.Â
Fees. Each application for a sign permit shall be
accompanied by the applicable fees, which shall be established by
the governing body of the Town from time to time by resolution.
C.Â
Completeness. Within five days of receiving an application
for a sign permit, the Director shall review it for completeness.
If the Director finds that it is complete, the application shall then
be processed. If the Director finds that it is incomplete, the Director
shall, within such five-day period, send to the applicant a notice
of the specific ways in which the application is deficient, with appropriate
references to the applicable sections of this article.
D.Â
Action. Within seven days of the submission of a complete
application for a sign permit, the Director shall either:
(1)Â
Issue the sign permit, if the sign(s) that is the
subject of the application conforms in every respect to the requirements
of this article; or
(2)Â
Reject the sign permit if the sign(s) that is the
subject of the application fails in any way to conform with the requirements
of this article. In case of a rejection, the Director shall specify
in the rejection the section or sections of the local law or applicable
plan with which the sign(s) is inconsistent.
Signs identified as "P" or "S" on Table A[1] shall be erected, installed or created only in accordance
with a duly issued and valid sign construction permit from the Director.
Such permits shall be issued only in accordance with the following
requirements and procedures.
A.Â
Permit for new sign or for sign modification. An application
for construction, creation or installation of a new sign or for modification
of an existing sign shall be accompanied by detailed drawings to show
the dimensions, design, structure and location of each particular
sign. One application and permit may include multiple signs on the
same zone lot.
B.Â
Inspection. The Director shall cause an inspection
of the zone lot for which each permit for a new sign or for modification
of an existing sign is issued during the sixth month after the issuance
of such permit or at such earlier date as the owner may request. If
the construction is not substantially complete at the time of inspection,
the permit shall lapse and become void. If the construction is complete
and in full compliance with this article and with the building and
electrical codes, the Director shall affix to the premises a permanent
symbol identifying the sign(s) and the applicable permit by number
or other reference. If the construction is substantially complete
but not in full compliance with this article and applicable codes,
the Director shall give the owner or applicant notice of the deficiencies
and shall allow an additional 30 days from the date of inspection
for the deficiencies to be corrected. If the deficiencies are not
corrected by such date, the permit shall lapse. If the construction
is then complete, the Director shall affix to the premises the permanent
symbol described above.
[1]
Editor's Note: The tables are located at the
end of this chapter.
The owner of a zone lot containing signs requiring
a permit under this article shall at all times maintain in force a
sign permit for such property. Sign permits shall be issued for individual
zone lots.
A.Â
Lapse of sign permit. A sign permit shall lapse automatically
if the business license for the premises lapses, is revoked or is
not renewed. A sign permit shall also lapse if the business activity
on the premises is discontinued for a period of 60 days or more and
is not renewed within 30 days of a notice from the Town to the last
permittee, sent to the premises, that the sign permit will lapse if
such activity is not renewed.
B.Â
Assignment of sign permits. A current and valid sign
permit shall be freely assignable to a successor as owner of the property
or holder of a business license for the same premises, subject only
to filing such application as the Director may require and paying
any applicable fee. The assignment shall be accomplished by filing
and shall not require approval.
[Amended 12-21-2004 by L.L. No. 14-2004; 12-18-2014 by L.L. No. 4-2014]
A permit is required for portable, temporary, and special event
signs on private property and subject to review and approval by the
Director of Development Services.
A.Â
General requirements.
(1)Â
Portable/temporary signs shall not be attached to fences, trees,
or light/utility poles, nor shall signs be placed within public rights-of-way
or be placed so as to obstruct or impair the vision of motorists.
(2)Â
Portable/temporary signs shall be placed so as to permit an
unimpeded pedestrianway.
(3)Â
Portable/temporary signs shall be professional in appearance
and/or commercially manufactured (including lettering surface and
frame).
(4)Â
Portable/temporary signs shall not be illuminated or have motion
(i.e., oscillate, spin).
(5)Â
Pennants, inflatable signs, whipsails/windsails, and tethered balloons are prohibited (§ 235-115).
(6)Â
Banner signs, unless attached to the principal building, are
not permitted.
(7)Â
Signs designed to be transported by means of wheels are not
permitted.
(8)Â
Maintenance. All portable/temporary signs shall be maintained
in a safe condition at all times so as not to be detrimental to the
public health and safety. All signs shall be kept upright, level,
taut, clean, and unfaded and be maintained in overall good appearance.
(9)Â
Portable/temporary signs are permitted within Town, county and
state rights-of-ways during road construction to notify and direct
motorists and pedestrians safely to temporary entrances to properties.
Sign location and size to be determined by Commissioner of Public
Works to ensure signage will not obstruct or impede visual or physical
access of motorists and pedestrians.
B.Â
Business and multiresidential portable/temporary signs.
(1)Â
Perimeter portable/temporary (freestanding) signs.
(a)Â
One perimeter portable/temporary sign per business or apartment
complex.
(b)Â
Maximum size of lettering surface area is 42 inches by 30 inches
(8.75 square feet) and a frame of one inch by one inch.
(c)Â
Maximum height is 42 inches as measured from ground level to
top of the sign.
(d)Â
Front setback shall not be closer than 10 feet from the paved
surface and/or the back edge of the road gutter of any roadway. Signs
may not be located within the right-of-way. Side and rear setbacks
shall be a minimum of 10 feet from property lines. However, if the
constraints of the site make the ten-foot side setback impractical,
then the minimum setback may be reduced to five feet, provided that
the temporary sign will not impede the vision or access of motorists
and/or pedestrians.
(2)Â
Nonperimeter portable/temporary signs (signs located near entry
of building).
(a)Â
One nonperimeter portable/temporary sign per business or apartment
complex entrance.
(b)Â
Maximum size of lettering surface area is 42 inches by 36 inches
(10.5 square feet) and a frame of one inch by one inch.
(c)Â
Maximum height is 42 inches as measured from ground level to
top of the sign.
(d)Â
Such sign shall have a minimum front setback of 30 feet from
the front property line or be located within 10 feet of the building
as long as the minimum side and rear setbacks from property lines
are 10 feet.
(3)Â
Banner signs: one banner sign attached to the principal building
per business or apartment complex. Maximum size of banner: three feet
high by eight feet wide.
C.Â
Grand openings portable/temporary signs.
E.Â
Other portable/temporary signs.
(1)Â
Contractor signs (siding, roofing, painting, construction, landscaping,
etc.).
(a)Â
Shall not be permitted within rights-of-way.
(b)Â
Location permitted on the property where work is currently being
performed. Signs shall not be closer than 10 feet from the paved surface
and/or the back edge of the road gutter of any roadway. Side and rear
setback shall be a minimum of 10 feet from property lines. In all
cases, signs shall not obstruct or impede the vision of motorists.
(c)Â
Signs shall be removed upon the completion of the work to be
performed or 30 days, whichever comes first. In the case of landscaping,
the signs shall be removed within three days of completion of work,
with a minimum distance between such signs of 1,000 feet.
(d)Â
There shall be a maximum of one sign per contractor working
on property per year.
Permits for temporary private signs in the public
right-of-way shall be issued in accordance with the following conditions:
Except as otherwise provided herein, the owner
of any zone lot or other premises on which exists a sign that does
not conform to the requirements of this article or for which there
is no current and valid sign permit shall be obligated to remove such
sign or, in the case of a nonconforming sign, to bring it into conformity
with the requirements of this article.
A.Â
Lapse of nonconforming sign permit. A nonconforming
sign permit shall lapse and become void under the same circumstances
as those under which any other sign permit may lapse and become void.
B.Â
Sign removal required. A sign that was constructed,
painted, installed or maintained in conformance with a permit under
this article but for which the permit has lapsed or not been renewed
or for which the time allowed for the continuance of a nonconforming
sign has expired shall be forthwith removed without notice or action
from the Town.
A.Â
Any of the following shall be a violation of this
article and shall be subject to the enforcement remedies and penalties
provided by this article and by state law:
(1)Â
To install, create, erect or maintain any sign in
a way that is inconsistent with any plan or permit governing such
or the zone lot on which the sign is located;
(2)Â
To install create, erect or maintain any sign requiring
a permit without such a permit;
(3)Â
To install, create, erect or maintain any sign in
a way that is inconsistent with any plan or permit governing such
or the zone lot on which sign is located;
(4)Â
To fail to remove any sign that is installed, created,
erected or maintained in violation of this article or for which the
sign permit has lapsed; or
(5)Â
To continue any such violation. Each such day of a
continued violation shall be considered a separate violation when
applying the penalty portions of this article.
B.Â
Each sign installed, created, erected or maintained
in violation of this article shall be considered a separate violation
when applying the penalty portions of this article.
A.Â
Any violation or attempted violation of this article
or of any condition or requirement adopted pursuant hereto may be
restrained, corrected or abated, as the case may be, by injunction
or offer appropriate proceedings pursuant to state law. A violation
of this article shall be considered a violation of the zoning law
of the Town. The remedies of the Town shall include the following:
(1)Â
Issuing a stop-work order for any and all work on
any signs on the same zone lot;
(2)Â
Seeking an injunction or other order of restraint
or abatement that requires the removal of the sign(s) or the correction
of the nonconformity;
(3)Â
Imposing any penalties that can be imposed directly
by the Town under the zoning law;
(4)Â
Seeking in court the imposition of any penalties that
can be imposed by such court under the zoning law; and
(5)Â
In the case of a sign that poses an immediate danger
to the public health or safety, taking such measures as are available
to the Town under the applicable provisions of the zoning law and
building code for such circumstances.
B.Â
The Town shall have such other remedies as are and
as may from time to time be provided for or allowed by state law for
the violation of the zoning law.
C.Â
All such remedies provided herein shall be cumulative.
To the extent that state law may limit the availability of a particular
remedy set forth herein for a certain violation or a part thereof.
Such remedy shall remain available for other violations or other parts
of the same violation.
