The regulations contained in this article shall
apply to all signs erected after the effective date of this chapter.
Except as hereinafter provided, no sign shall be erected or structurally
altered except in conformity with the provisions of this section.
A.
Legal nonconforming signs. Signs erected prior to
June 8, 1942, or signs erected prior to the effective date of this
chapter which conform to the 1942 Zoning Ordinance of the Town of
Geddes[1] or were established by special permit or variance thereof
may remain if they do not conform to the provisions of this chapter,
provided that the use and/or occupancy for which they were established
continues to exist in the building and provided that the signs remain
in structurally sound condition. Such signs shall not be changed or
structurally altered in any manner except for routine maintenance.
[1]
Editor's Note: The 1942 Zoning Ordinance comprised
former Ch. 65, Zoning, of the 1974 Code, adopted 6-8-1942, as amended.
B.
Illegal signs. Signs erected after June 8, 1942, which
do not conform to the 1942 Zoning Ordinance of the Town of Geddes
and which do not conform to the provisions of this section shall have
no legal status and shall be removed or altered to conform to the
provisions contained herein within a period of one year from the effective
date of this chapter.
Various terms used in this article shall be
interpreted or defined as follows:
A sign containing only the name of an occupant, a building
number and/or the street address of the property on which the sign
is located.
Any lettering or graphic display located on the front or
side of any awning, canopy or marquee projecting from a building facade.
A sign that advertises a business, industry, service, product
or other activity which is conducted, provided, offered or sold on
a lot other than the lot on which the sign is located.
A sign which directs attention to a business, commodity,
industry, service, entertainment or other activity which is offered,
sold or conducted on the lot upon which the sign is located.
A sign designed to contain information exclusively as a public
service and of a noncommercial nature, such as the location of facilities
designed for the public convenience and accommodation, e.g., rest
rooms, public telephones and bus stops.
A sign with two faces back to back or with two faces at an
angle to one another.
An illuminated sign on which artificial light is not maintained
stationary and constant in intensity and color at all times when in
use.
A sign not attached to or part of a building but separate
by itself and supported by one or more uprights, braces or other structural
elements in or upon the ground; examples are pole signs and masonry
freestanding signs.
A sign that is affixed to the exterior of a building or structure
and extends more than one foot horizontally from the building wall
or vertical face of the structure. The term shall include signs on
awnings, canopies and marquees.
A sign which is either situated entirely above the upper
edge of any building wall or parapet or erected or painted on or above
the roof covering any portion of a building, including signs supported
on the roof or on an independent structural frame or located on any
roof structure, including but not limited to a penthouse, stairwell,
elevator housing, roof shed or other mechanical housing.
Any material, structure, device or other representation,
including any part thereof, which is comprised of lettered or pictorial
material or upon which lettered or pictorial matter is placed and
which is used to advertise or promote the interests of any person
or business. Such signs are intended to be placed in view of the general
public out-of-doors or on the exterior of any structure or building,
including interior and exterior window surfaces. Signs may include
letters, words, symbols, emblems, sign frames, signboards, insignias,
banners, pennants, fluttering devices, models and flags, although
flags and insignias of any nation or state are not considered signs.
The surface area of a sign calculated as follows: the entire
area within a single continuous perimeter enclosing the extreme limits
of writing, representation, emblem or any figure of similar character,
as included within the definition of a sign, together with any frame
or other material or color forming an integral part of the display
or used to differentiate such sign from the background against which
it is placed, excluding the necessary supports or uprights on which
such sign is placed. The total area of all faces of signs designed
to be viewed from more than one direction shall be computed and considered
as one area, such as on double-faced and V- and sandwich-type signs.
The vertical distance from the uppermost point of a sign,
including sign structure or structural trim, to the average ground
level directly below the sign.
A sign which is attached and parallel to an exterior wall
of a building or structure or part thereof, projecting not more than
one foot therefrom. This term shall include a sign painted upon the
exterior building face.
A sign painted or affixed on glass or other window material
or placed within one foot of the window, but not including graphics
used in connection with the customary window display of products or
services rendered on the premises.
A sign situated on the interior of a window which is intended
to be removed after such period of time as set forth in this article.
Such sign shall be lettered, drawn, printed or affixed on paper or
other material before placement on the window or within one foot of
the window.
The purpose of this article of this chapter
is to:
A.
Protect private property values from infringement
by nearby signs.
B.
Reduce sign or advertising distraction and any physical
obstructions that may affect motorists or pedestrians traveling on
public rights-of-way.
C.
Create a more attractive business and economic climate.
D.
Protect the public investment in and the character
and dignity of public buildings, open spaces and thoroughfares.
E.
Protect the overall physical appearance of the community
by lessening the objectionable effects of competition in respect to
the size and placement of signs.
The prohibitions contained in the following
section of this chapter shall apply to all signs in all zoning districts
in the Town of Geddes:
A.
Hazards to public safety. Signs which, by their use
or simulation of colors, design or placement, tend to confuse, detract
from or in any other way obstruct the utilization of traffic regulatory
devices are prohibited. Signs shall not be located in such a manner
as to restrict vision or impair safety.
B.
Obstructions. No sign shall obstruct, by physical
or visual means, any fire escape, window, door or any opening providing
ingress or egress designed for fire or safety equipment, any passageway
from one part of a structure or roof to another portion thereof, any
opening required for ventilation or any opening which is required
to remain unobstructed by any applicable law.
C.
Illumination. Any illuminated sign or lighting device
shall employ only lights emitting constant intensity, and no sign
shall be illuminated by or contain flashing, intermittent, rotating
or moving light or lights. In no event shall an illuminated sign or
lighting device be so placed or so directed as to permit the beams
and illumination therefrom to be directed or beamed upon a public
street, highway, sidewalk or privately owned adjacent premises so
as to cause glare or reflection. Holiday decorations and lights, when
displayed from November 15 to January 6, shall not be considered signs
or parts of signs. No sign in a commercial district erected after
the date of adoption of this chapter shall be illuminated between
the hours of 12:00 midnight and 6:00 a.m. without the written approval
of the Code Enforcement Officer.
D.
Projections. No sign shall be erected on or project
over any public street or public right-of-way unless as hereinafter
provided. No sign shall project over a vehicular driveway on private
property at an elevation of less than 14 feet above grade.
E.
Placement. No sign shall be placed upon or attached
to any public or private utility pole, lamppost, fire hydrant, bus
shelter, sidewalk, bridge, tree or similar installation or improvement,
whether situated upon public or private property.
F.
Public property. No sign shall be placed or erected
on any public property without first obtaining written approval of
the Town Board.
G.
Other prohibited signs. Billboards, roof signs, portable,
mobile or movable signs, and banners, pennants, ribbons, streamers,
spinners or other similar moving, fluttering or revolving devices
are prohibited.
H.
Freestanding. Freestanding signs shall be prohibited
except where expressly permitted by this section.
I.
Sign heights. No shall shall be erected or maintained
on the face of a building so that any portion shall extend above the
base of the roofline.
The provisions of this article shall not apply
to signs established pursuant to governmental authority or used for
the identification of public buildings, facilities and activities
sponsored by or of an official character such as traffic regulation
devices authorized by the Vehicle and Traffic Law of the State of
New York, civil defense warnings, railroad crossing designations,
bus stops and any other signs authorized and required under local,
state or federal law or which contain information required and designed
for the protection and safety of the general public, such as danger
areas, work areas, utility warnings, safety warning devices and similar
notices. The provisions of this article shall also not restrict the
placement of handicapped parking or directional signs on any private
property.
The following signs are permitted in any use
district without a sign permit and shall be limited to one such sign
per lot unless otherwise indicated:
A.
One nonilluminated address sign attached to the building
and not exceeding one square foot in area.
B.
Nonilluminated signs (more than one per lot permitted)
regulating the use of a property, such as "no hunting," "no fishing"
or "posted," each of no more than two square feet in area.
C.
Temporary signs of the following nature:
(1)
One nonilluminated freestanding or wall sign advertising
the sale, lease or rental of the premises upon which the sign is located,
not to exceed four square feet in area in Residential A, Residential
B, Residential C and Residential D Districts or eight square feet
in Commercial A, Commercial B, Commercial C, Industrial A and Industrial
B Districts. Such a sign shall be removed within five days after the
sale of the premises has been agreed upon.
(2)
One nonilluminated freestanding sign announcing a
real estate open house or a garage or estate sale to be erected or
placed on the property where such event will take place, not to exceed
four square feet in area. Such sign shall be removed within one day
after the event has been held, and in no instance may the sign be
maintained on the property for a period exceeding one week.
(3)
One nonilluminated wall or freestanding sign denoting
the architect and firm, engineering firm or contractor placed on the
premises where construction, repair or renovation is in progress,
but expressly excluding products, services or other forms of advertising,
not exceeding 12 square feet in area in Residential A, Residential
B, Residential C and Residential D Districts or 32 square feet for
lots in Commercial A, Commercial B, Commercial C, Industrial A and
Industrial B Districts. Such sign shall be removed within 10 days
after completion of the project.
(4)
Signs which are designed exclusively to inform the
general public of a fund-raising campaign, political campaign, social
event, civic undertaking, annual festivity or related enterprise of
a temporary nature sponsored by a nonprofit organization or governmental
unit. No more than two such signs shall be permitted per lot, and
they shall not exceed a total of 12 square feet. Such signs shall
be removed within three days after the event and may not be placed
on public property except by written permission of the Town Board.
(5)
Temporary window signs (no limit on the number) in
Commercial A, Commercial B, Commercial C and Industrial A Districts
calling attention to a promotional sale or similar event for a period
not to exceed three weeks, provided that said signs shall not exceed
50% of the area of the window (glass surface) on which they appear.
Such signs shall be removed within three days following the event
advertised.
[Amended 9-13-2022 by L.L. No. 5-2022]
The following signs shall require a sign permit:
A.
Signs permitted for nonresidential uses in any use district: no more
than two signs, illuminated or nonilluminated, per curb cut solely
for the purpose of traffic control on private property, each not exceeding
two square feet in area.
B.
Signs in residential districts.
(1)
For any nonresidential use or building permitted in residential districts:
one wall or freestanding sign for each street frontage not to exceed
20 square feet in area. The sign(s) may either be nonilluminated or
internally illuminated. No wall sign or portion thereof shall extend
above the first story of the building wall to which it is attached,
and no freestanding sign shall exceed a height of six feet measured
to the top of the sign or be closer than five feet to a public sidewalk
or property line.
(2)
For multiple-family dwellings with over six units in a Residential
B District: one wall or freestanding sign for each street frontage
which may either be nonilluminated or internally illuminated and may
not exceed 16 square feet in area. No wall sign or portion thereof
shall extend above the first story of the building wall to which it
is attached, and no freestanding sign shall exceed a height of six
feet measured to the top of the sign.
(3)
For each home occupation allowed by special permit: one nonilluminated
professional identification sign no larger than four square feet in
size. The exact size, design and placement shall be approved by the
Board of Appeals upon consideration of such factors as the size of
the dwelling unit and its setback from the street, the amount of adjacent
vehicular traffic and the character of the neighborhood.
(4)
For a mobile home park in a Residential D District: one freestanding
sign for each street frontage which may either be nonilluminated or
internally illuminated and each may not exceed 16 square feet in area.
Each freestanding sign shall not exceed six feet in height measured
to the top of the sign. In addition, two wall signs to designate the
sales office or the location of the model mobile home shall be permitted,
each not to exceed two square feet in size.
C.
Signs in commercial districts.
(1)
Commercial buildings containing fewer than four business establishments.
One permanent freestanding sign for the building and/or one wall sign
for the identification of each commercial establishment by trade name
only shall be allowed.
(a)
Freestanding sign. This may be nonilluminated or internally
illuminated. The freestanding sign may not be a rotating sign and
may identify only the commercial trade, not the products sold or the
price of the products sold. Such a freestanding sign shall not exceed
25 square feet of area per side or a total sign area of 50 square
feet. The height of such sign shall not exceed 15 feet, and the minimum
height to the bottom of the sign shall be eight feet.
(b)
Wall sign. This may be nonilluminated or internally illuminated.
The wall sign shall not exceed one square foot per linear foot of
the building frontage measured at the user's main entrance, but
in no event shall the total of the freestanding sign and the wall
sign exceed 100 square feet.
(c)
Commercial buildings located on a corner lot. In addition to
the one freestanding and/or one wall sign allowed for a commercial
building, such a building located on a corner lot shall be permitted
one additional wall sign facing the secondary street, provided that
the wall signs do not exceed one square foot of sign area per linear
foot of the building frontages on both the primary and secondary streets,
and provided that the total area of the signs on the property (freestanding
and/or wall) does not exceed 125 square feet.
(2)
Buildings, shopping centers or malls containing groups of four or
more stores:
(a)
Freestanding sign(s):
[1]
Illuminated or nonilluminated.
[2]
Maximum height: 25 feet.
[3]
Minimum height to the bottom of sign face: eight feet.
[4]
The number and size of these signs are indicated below:
|
Size of Center
(square feet)
|
Number of Freestanding Signs
|
Allowed Size of Each Sign
(square feet)
|
|---|---|---|
|
Under 50,000
|
1
|
50
|
|
50,000 to 500,000
|
1
|
100
|
|
Over 500,000
|
2
|
120
|
|
*
|
NOTE: Gross square footage of floor area.
|
(b)
Wall sign(s). There may be one sign, nonilluminated or internally
illuminated for each business. The wall sign for each business shall
be one square foot for each front linear foot of the business establishment,
but in no case over 150 square feet.
(3)
In addition to the wall and freestanding signs permitted in commercial
districts, one permanent window sign per window is allowed, except
that no more than two window signs for each ground floor business
establishment are permitted. The area of each window sign shall not
exceed 25% of the area of the windowpane to which it is attached or
no more than four square feet, whichever is less. No window signs
shall be allowed in windows above the first story. Also, no awning
signs shall be permitted, unless by special permit from the Board
of Appeals, and any such awning sign shall be in lieu of window signs,
shall only be on the first-floor awnings and may not exceed a total
sign area of 10 square feet per business establishment. Also, no sign
shall project from an awning or be hazardous to pedestrian traffic.
D.
Signs in industrial districts.
(1)
For uses permitted in both the industrial district and commercial districts, the sign regulations from Subsection C above shall apply.
(2)
For uses permitted only in the industrial districts, the following
sign regulations will apply:
(a)
Property address numbers shall not exceed four square feet with
a maximum one foot in height and shall be prominently placed on the
face of each structure to facilitate the ease of recognition of addresses.
(b)
One wall sign for identification shall be permitted not exceeding
1 1/2 square feet of sign area per linear foot of building frontage
measured at the user's main entrance, but not to exceed 100 square
feet. The sign may be nonilluminated or internally illuminated.
(c)
In addition to the one wall sign allowed for an industrial building,
such a building located on a corner lot shall be permitted one additional
wall sign facing the secondary street, provided that the wall signs
do not exceed 1 1/2 square feet of sign area per linear foot
of the building frontages on both the primary and secondary streets,
and provided that the total area of the signs on the property does
not exceed 125 square feet.
E.
Signs in gasoline stations:
(1)
No more than three business signs not to exceed a maximum of 40 square
feet or no more than four signs if located on a corner lot and not
to exceed 50 square feet. These business signs shall be wall signs
affixed to the principal building and/or to the pump island canopy.
(2)
One proprietor identification sign not exceeding two square feet
shall be allowed.
(3)
Price and/or type of service signs located on the pumps or pump island
shall be allowed. Such signs shall be limited to a total of six square
feet for each pump island.
F.
Signs for drive-in service facilities. For commercial establishments with drive-in service facilities, the following requirements shall be used rather than those of Subsection C(1):
(1)
No more than two wall signs, the combined area of which shall not
exceed one square foot for each one foot of linear frontage of the
building along the street up to a maximum of 40 square feet or no
more than three signs if located on a corner lot and the combined
area of which signs shall not exceed one square foot for each one
foot of linear frontage of the building along the primary and secondary
streets up to a maximum of 50 square feet.
(2)
Subject to Board of Appeals approval, one freestanding sign on private
property only and not to exceed 30 square feet in total area. This
sign shall have a minimum ground clearance of five feet and a maximum
height of 12 feet and shall be set back at least 10 feet from any
lot line.
(3)
Subject to Board of Appeals approval, a drive-in restaurant may substitute
a freestanding menu sign for one of the permitted wall signs. This
menu sign may be internally illuminated, may be no greater than 16
square feet in area and may not be greater than five feet in height.
The allowable square footage for the menu sign may also include a
small one-square-foot sign for the order microphone post.
A.
Sign permit. As of the effective date of this chapter, a sign permit issued by the Code Enforcement Officer shall be required prior to undertaking any sign work as defined herein. No sign permit shall be required for sign maintenance as defined herein or for those signs described in § 240-37.
(1)
Sign work: the construction, placement, replacement,
relocation, major repair, alteration or modification of a sign or
its structural appurtenances.
(2)
Sign maintenance: routine repairs, including repainting,
bulb replacement or repair of electrical or mechanical parts. Repainting
shall not be considered routine maintenance if undertaken to advertise
a new occupant of the property or business.
B.
Application for a sign permit. Any application for
a sign permit shall be made in writing to the Code Enforcement Officer
upon forms provided by such official. These forms shall be created
by the Code Enforcement Officer and shall designate sign permit fees
as approved by the Town Board. A sign permit is required in addition
to any building permit issued for the erection or alteration of a
building or structure; issuance of a building permit shall not constitute
approval for the signage of a building.
C.
Issuance of a sign permit. Upon the filing of an application
for a sign permit, the Code Enforcement Officer shall determine whether
the proposed sign is in compliance with the requirements of this chapter
and other laws of the Town. The Code Enforcement Officer shall examine
the plans, specifications and other data submitted to him or her with
the application and shall also view the premises on which the sign
is to be constructed or now exists. If the proposed sign is in compliance
with this chapter and other laws of the Town, the Code Enforcement
Officer shall, within 10 working days from the filing of the completed
application, issue a sign permit for the erection of the proposed
sign. If the authorized sign has not been installed within 180 days
from the date of issuance of the permit, then the permit shall expire,
and a new application must be made for any sign work.
D.
Revocation of a sign permit.
(1)
Any sign work not performed in conformance with the
provisions of this chapter, including sign work performed without
a permit and any sign maintained in an unsafe condition so as to be
a potential detriment to the public health and safety, shall constitute
a violation of the provisions of this chapter.
(2)
In the event of such a violation, the Code Enforcement
Officer shall give written notice specifying the violation to the
owner of the sign, if known, and to the owner of the land on which
the sign is located to conform to the provisions of this chapter or
other Town laws or to remove such sign. The sign shall be brought
into conformance within 15 days of the date of said notice. If the
violation is not corrected within the specified time, the Code Enforcement
Officer shall revoke any existing sign permit, may cause the sign
to be removed and may subject the owner to any such penalties as such
be applicable under this chapter.
E.
Removal of certain signs.
(1)
If the Code Enforcement Officer shall find that any sign regulated by this chapter is unsafe, not secure or is a potential menace to the public, he or she shall give written notice to the owner of the sign, if known, and also to the owner of the land upon which the sign is located, who shall remove or repair said sign within 10 days from the date of said notice. If the unsafe sign is not removed or repaired, the Code Enforcement Officer shall revoke the sign permit issued, if any, for such sign as herein provided and/or may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign is (was) located. The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property or any temporary sign not removed at the expiration of its permitted time period (§ 240-37C) to be removed summarily and without notice.
(2)
Abandoned signs.
(a)
Any sign which, in the determination of the
Code Enforcement Officer, is abandoned or no longer advertises a bona
fide business conducted or a product sold on the premises shall be
taken down and removed by the owner, agent or person having the beneficial
use of the building, structure or land upon which said sign shall
be found within 30 days after written notification from the Code Enforcement
Officer. Where a business activity has been discontinued for a period
of 90 days, the related sign(s) shall be presumed to be abandoned
unless the owner, beneficial user or other party in interest files
a written certification with the Code Enforcement Officer that such
sign is to be utilized within 30 days following such ninety-day period.
(b)
Abandoned signs not removed by the owner within
30 days after notice to remove such signs may be removed by the Town,
with all incurred costs and expenses assessed against the property
on which such sign is located.
