Town of Henrietta, NY Chapter 224 Signs

[HISTORY: Adopted by the Town Board of the Town of Henrietta 10-20-1976. Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 295.

§ 224-1 Purpose and scope.

A. The purpose of this chapter is to provide standards to safeguard life, health, property and public welfare by controlling the location, construction, installation, illumination and maintenance of all signs and sign structures. It is the further purpose of this chapter on the regulation of signs to control the quality and quantity of signs so as to provide identification of local businesses while giving consideration to the aesthetics of the community.

B. No sign shall be constructed, set or erected on the exterior of any premises, fastened to, erected upon or painted on the exterior of any building or other structure or placed upon the ground, except as provided herein.

C. In the interest of traffic safety and community aesthetics, all signs shall contain the least amount of information possible and should be designed in such a way as to be an asset to the community and not a distraction.

§ 224-2 Definitions.

A. Categories of signs. As used in this chapter, the following terms shall have the meanings indicated:

[Added 5-15-1991; amended 2-18-2015 by L.L. No. 1-2015]]

BUSINESS SIGN

A sign which directs attention to a business or profession conducted, including products or services, etc., offered by or related to such business or profession.

CONSTRUCTION SIGN

A temporary sign erected on the premises on which the construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors and similar artisans and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Such sign may exist for a period no greater than one year, unless an extension is granted by the Code Enforcement Officer after confirming that construction is still ongoing.

DIRECTIONAL SIGN

A sign commonly associated with and limited to information and directions necessary and convenient for persons coming on the property, including signs marking entrances, parking areas, one-way drives, rest rooms, pickup and delivery areas and the like.

GOVERNMENTAL SIGN

A sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.

GRAND OPENING SIGN

A temporary sign on which the copy announces the opening of a store, restaurant or any other new commercial venture.

ILLUMINATED SIGN

Any sign that is illuminated with various forms of light, including, but not limited to, any form of lightbulb, LED, LCD, HDTV or any other form of lighted illumination.

NON-BUSINESS MESSAGE SIGN

A noncommercial advertising sign expressing the position, opinion or philosophy of the owner or occupant at the subject property regarding political, religious, social or economic causes or to announce a coming special event or activity.

OFF-SITE BUSINESS SIGN

A sign, including billboards, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

PRIVATE SALE SIGN

A temporary sign advertising the sale of personal property at house sales, garage sales, rummage sales and the like.

REAL ESTATE SIGN

A temporary sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located, which may exist for as long as the premises is up for sale or lease, excluding, however, "sold by" signs.

SHOPPING PLAZA

Two or more separately owned or operated commercial enterprises which are located in a single building, two or more connected or adjacent buildings, or two or more buildings developed as part of a single integrated shopping development, often sharing common drives and parking lots.

[Added 2-22-2023 by L.L. No. 3-2023]

SIGN

Any structure, painting, drawing, printing or other configuration which is constructed, set or erected upon any premises or is fastened to, erected upon or painted on the exterior of any building or structure which purports to indicate the nature or name of, or to publicize, any service, any organization or any commercial or industrial enterprise.

TEMPORARY SIGN

Any sign (movable or stationary) which has not been approved as a permanent sign and which promotes either an event that occurs at a specified time or a state or event that exists only for a temporary period of time. Such signs may be posted for the period of the event and the preceding 30 days, but may never be posted for a continuous period of greater than 60 days, unless otherwise specified herein. A temporary sign must be removed within 48 hours of the end of the subject event or state.

WARNING SIGN

Signs limited to messages of warning, danger or caution.

B. Structural types. As used in this chapter, the following terms shall have the meanings indicated:

GROUND SIGN

Any sign, other than a pole sign, placed upon or supported by the ground, independent of any other structure, including a monument sign.

[Amended 2-18-2015 by L.L. No. 1-2015]

POLE SIGN or FREESTANDING SIGN

A sign that is mounted on a freestanding pole or other supports, so that the bottom edge of the sign face is nine feet or more above grade.

PROJECTING SIGN

A sign that is wholly or partly dependent upon a building for support and which projects more than 18 inches from such building.

ROOF SIGN

A sign that is mounted upon the roof of a building or which is wholly dependent upon a building for support and which projects more than six inches above the highest point of a building with a flat roof, an eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.

WALL SIGN

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 18 inches from such building or structure.

WINDOW SIGN

A sign which is applied or attached to the interior of a window or located within three feet of the interior of the window and which can be seen from the exterior of the structure.

C. Other definitions. As used in this chapter, the following terms shall have the meanings indicated:

[Added 5-15-1991]

SHOPPING PLAZA

Two or more separately owned commercial enterprises which are located in a single building, two or more connected or adjacent buildings or two or more buildings developed as part of a single integrated development.

§ 224-3 Permit required; application; expiration and renewal.

A. No sign shall be hereafter erected, placed or maintained at any place in the Town of Henrietta except as provided by this chapter and only after a permit therefor has been obtained in compliance with the provisions of this chapter, unless stated otherwise.

B. Application for a sign permit shall be made in writing by the owner, lessee or occupant for whom the sign is intended and shall be accompanied by a scale drawing showing dimensions, proposed design, the legend, colors, materials, structural details and, in the case of ground signs, pole signs or freestanding signs, a location map or plot plan delineating the location of building and parking areas and other signs in the same property or other obstructions in relation to the designated location of the proposed sign. The application shall be made on forms prescribed and provided by the Building Inspector or designee. At the time of filing the application, the applicant shall pay the required fee in accordance with the fee schedule then in effect.

[Amended 5-15-1991; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]

C. No sign for which a permit has been granted hereunder shall be moved, altered, changed, enlarged or reconstructed without a new permit being issued therefor in accordance with the provisions hereof.

D. Whenever application is required to be made or is made to the Zoning Board of Appeals for a permit to erect a sign, said application and the hearing thereof will be made and conducted in accordance with the provisions of Chapter 295, Zoning. Before granting the permit, the Zoning Board of Appeals (in addition to consideration of the standards set forth in Chapter 295, Zoning) shall consider and determine that the proposed sign:

(1) Will not be detrimental to other property.

(2) Will not create a hazard or a nuisance.

(3) Will not interfere with the use of public lands or highways.

(4) Is in harmony with the purpose of this chapter contained in § 224-1A above.

E. Except as otherwise provided herein, a permit required by and issued pursuant to any of the provisions herein shall be valid for a period of five years from the date of such permit. Prior to the expiration of the five-year period, the owner of such sign shall apply to the Building Inspector or designee for a renewal of the permit. If the Building Inspector or designee, after inspection, finds that the sign is kept in good repair and in accordance with the original permit, he shall issue a renewal of such permit which shall again be valid for a period of five years. If the Building Inspector or designee finds that such sign is not in good repair or not in accordance with the original permit or if a modification of such sign is sought, application shall be made for a permit in accordance with the provisions of this chapter as will then be in effect. Application for renewal may be made every five years in accordance with these provisions. A renewal fee must be paid before issuance of the permit. The required fee will be in accordance with the fee schedule then in effect.

[Amended 5-15-1991; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]

F. After the issuance of any permit for a sign under the provisions of this chapter and within 10 business days after the installation of such sign, the applicant shall file with the Department of Building and Fire Prevention a photographic print of the sign as completely installed.

[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]

§ 224-4 Use, height and design of signs.

A. No advertising sign shall be erected on any property unless a permit therefor shall have been granted by the Zoning Board of Appeals after public hearing thereon.

B. No sign shall hereafter be constructed in any district the top of which shall be higher than allowed by Table 1.[1]

[1] Editor's Note: Table 1 is included as an attachment to this chapter.

C. No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering, revolving, flashing or animated devices, nor shall any of the aforesaid devices or strings of lights be used for the purposes of advertising, illumination or attracting attention.

D. The illumination of any sign which is not prohibited by these provisions shall be arranged so as to protect roads and highways, adjoining or on nearby property, from direct glare, nuisance or hazardous interference of any kind. All illuminated signs shall bear the Underwriters' label.

E. All A-frame, sandwich board and/or push-in signs are prohibited within the Town of Henrietta.

[Added 2-18-2015 by L.L. No. 1-2015]

§ 224-5 Exceptions.

A. The provisions of the chapter shall not apply to safety signs, road signs, historical markers or highway directional signs erected by municipal or public agencies.

B. Traffic directional signs not exceeding three square feet in size shall be permitted on private property without a permit, provided that such signs shall conform to the provisions of these regulations relating to illumination and shall not cause interference with traffic on public highways.

§ 224-6 Street addresses.

[Amended 5-15-1991]

All buildings shall have an address number which is easily identified from the street. See Chapter 52, Buildings, Numbering of, of this Code.

§ 224-7 Nonconforming signs.

All nonconforming signs existing at the time of the adoption of these regulations shall be discontinued, and the signs and their structural components shall be removed within the times from the effective date hereof as hereinafter set forth:

A. If such sign was in violation of the sign regulations then in effect, within 90 days.

B. If such sign was in conformity with the sign regulations then in effect, within three years; provided, however, that if the nonconformity consists merely of the sign being in excess of the size permitted by these regulations and if the Building Inspector or designee, upon inspection, finds that the sign is otherwise in good repair, the Town Board may, upon application by the sign owner, waive the removal of such sign. In considering the application for such waiver, the Town Board shall take into consideration the size of the sign, its age, its location and nearness of a major highway and its potential hazard to traffic.

[Amended 11-7-1979; 5-15-1991; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]

§ 224-8 Location and size of signs.

A. Residential districts. Signs are permitted in residential districts as follow:

(1) For single-family or two-family dwellings, one sign not exceeding two square feet in area, or two square feet per side if a double-faced sign, and indicating only the name and address of the occupant and a permitted accessory use. Such sign may be attached to a principal building or may be a ground sign, but in either case shall not project more than four feet in height above grade, shall not be nearer than 10 feet to any lot line and shall not be illuminated except indirectly. A permit is not required.

(2) For multiple dwellings, one sign for each building not exceeding two square feet in area and indicating only the street address. Such sign shall not project more than six feet in height above grade and shall not be illuminated except indirectly. No permit is required.

(3) For multiple dwellings, projects and/or other residential developments, one sign, building sign or ground sign, 32 square feet in area or per side if a double-faced sign, indicating only the name of the project or development, shall be permitted for each development. Such sign shall not be closer than 10 feet to any lot line, shall not project more than six feet in height above grade and shall not be illuminated except indirectly. A permit is required.

[Amended 5-15-1991]

(4) For a church or other permitted institution, club or permitted principal use other than dwellings, one sign not exceeding 32 square feet in area or per side if a double-faced sign. Such sign shall not be nearer to any lot line than 1/2 the required building front setback or 20 feet, whichever is greater, shall not project more than six feet in height above grade and shall not be illuminated except indirectly. A permit is required, but fees will be waived.

[Amended 5-15-1991]

(5) One nonilluminated real estate sign, not exceeding three square feet in area or per side if a double-faced sign, advertising only the prospective sale of a single residence. Such sign must be located on the premises to be sold, shall not be closer than 10 feet to any lot line, shall not project more than four feet in height above grade and shall be removed within 24 hours after the time of the sale or rental. No permit is required.

[Amended 2-18-2015 by L.L. No. 1-2015]

(6) Temporary real estate signs in connection with the sale, rental or improvement of real property, except single residences; provided, however, that such signs shall be located on the premises to be sold, rented or improved. Said signs shall not exceed one sign of 32 square feet in area or per side, if a double-faced sign, or two signs of 16 square feet each in area or per side, if a double-faced sign, for each development. For the purpose thereof, a residential subdivision shall be considered a single development. Such signs shall be nonilluminated and shall be erected or installed only after a permit for the same shall have been obtained. Said permit shall be valid for a period of 12 months and may be renewed.

[Amended 5-15-1991; 2-18-2015 by L.L. No. 1-2015]

(7) Any signs erected, placed or constructed in connection with a commercial or industrial use, including the sale of farm products, conducted in a residential district shall be by special use permit only.

[Amended 4-12-2022 by L.L. No. 8-2022]

(8) Private sale signs may be displayed for a duration of three days or less. No permit is required.

(9) Governmental signs are allowed without permit.

(10) Warning signs over 16 square feet in area shall require a permit.

[Amended 5-15-1991]

(11) Non-business message signs and temporary non-business message signs.

[Added 5-15-1991; amended 2-18-2015 by L.L. No. 1-2015]

(a) Non-business message signs and temporary non-business message signs not otherwise addressed in this Subsection A shall be nonilluminated signs which shall not exceed six square feet in area, shall not be closer than 20 feet to any lot line and shall not project more than six feet in height above grade.

(b) Non-business message signs and non-business temporary message signs, including political signs, shall be permitted, subject to the following requirements:

[1] They shall not, in the aggregate, number more than three per tax account number lot.

[2] The owner or occupant of the property on which such signs are to be posted shall consent to the erection of such signs and shall be responsible for their removal.

[3] Such signs shall not require a permit, but signs erected on vacant land shall be registered with the Town by the owner of the property in person or by mail. Said registration is solely to assure the property owner's knowledge of the existence of said sign(s).

[4] Such signs shall not be affixed to fences, trees, utility poles, bridges or traffic signs and shall in no way obstruct or impair vision or traffic in any manner or create a hazard or disturbance to the health and welfare of the general public.

[5] Such signs shall not be located within rights-of-way of public streets.

[6] Political signs advertising candidates for an upcoming election are temporary message signs, where the "event" advertised involves an election. In the case that the sign is related to a primary race, said sign may be displayed between the end of the primary and the end of the general election (i.e., the primary and the general election shall be considered one event). As set forth above, temporary signs must be removed within 48 hours of the end of the subject event or state.

B. Commercial and industrial districts.

(1) Upon obtaining a permit, each separate commercial or industrial enterprise shall be permitted to erect (a) a simple wall sign attached to the front of the building, or a roof sign, and (b) one of either a pole sign or a ground sign, subject to the following regulations:

[Amended 5-15-1991; 2-18-2015 by L.L. No. 1-2015]

(a) The total square footage for all signs on the property shall not exceed four square feet per linear foot of building frontage. "Building frontage" is defined as the widest part of the building facing the road. See Tables 1 and 2 for square footage maximum for all signs.[1]

[1] Editor's Note: Tables 1 and 2 are included as attachments to this chapter.

(b) A roof sign shall not exceed three feet in height or, in width, 3/4 of the width of said building; provided, however, that the top of said sign shall not be higher than 35 feet above grade and the bottom of the sign shall not be higher than three feet above the roof. All structural frames must be screened from view.

(c) A pole sign shall have a minimum setback of 20 feet.

(d) A second wall or roof sign is allowed in lieu of a pole or ground sign.

(2) Shopping plaza signs. In shopping plazas, each individual store or other enterprise shall be permitted to have one wall or roof sign of the type permitted under Subsection B(1). The design and style of such individual signs shall be coordinated so as to create aesthetic uniformity within the plaza. In addition, the shopping plaza may erect a single pole sign advertising the name of the shopping plaza. A plaza pole sign used as a directory which lists the tenants of the plaza is an appropriate use. These permitted plaza pole signs do not count as part of the signage permitted by Subsection B(1) above. Such signs shall be erected only after a special use permit therefor shall have been obtained from the Town Board. (For size, see Table 2.) With the approval of the plaza property owner, in lieu of a pole sign advertising the plaza, an individual tenant may erect a pole sign. Only one pole sign in total will be permitted for the shopping plaza.

[Amended 5-15-1991; 2-18-2015 by L.L. No. 1-2015; 4-12-2022 by L.L. No. 8-2022]

(3) Accessory signs. Each of the foregoing businesses or enterprises may have the following accessory signs:

(a) Two signs, each not exceeding six square feet in area, indicating or calling attention to traffic entrances and exits, provided that, if illuminated, such illumination shall cease at the close of business hours or 2:00 a.m., whichever is earlier. Such signs shall not carry any advertisement, shall not be nearer than six feet to any lot line and shall not project more than four feet in height above grade. All such signs shall be approved by the Building Inspector or designee and require a permit.

[Amended 5-15-1991; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]

(b) One sign, not exceeding two square feet in area, indicating only the street number of the property. Such sign shall not project more than four feet in height above grade and shall not be nearer than 10 feet to any lot line. No permit is required.

(4) Temporary signs used in connection with the sale, rental or improvement of real property shall be located on the premises to be so sold, rented or improved. Such signs shall not exceed two signs of 64 square feet maximum size each, shall not be closer than 20 feet to any lot line and shall be removed within 24 hours after the time of the sale or rental. No such sign shall be erected unless a permit has first been obtained therefor. Such permit shall be valid for a period of 12 months and may thereafter be renewed.

[Amended 5-15-1991]

(5) One nonilluminated sign, not to exceed 32 square feet in area, denoting the architect, engineer or contractor may be placed on the premises where construction, repair or renovation is in progress. Such sign shall not project more than eight feet in height above grade and shall not be nearer than 20 feet to any lot line. Such sign shall be subject to approval of the Building Inspector or designee and shall require a permit, which permit shall be valid for a period of not more than 12 months and may thereafter be removed.

[Amended 5-15-1991; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]

(6) Illuminated signs.

[Added 2-18-2015 by L.L. No. 1-2015]

(a) Illuminated signs are only allowed in nonresidential zoning districts.

(b) Illuminated signs must comply with the Town of Henrietta Code regulations regarding nonilluminated signs, including but not limited to size, height and location.

(c) Illuminated signs shall have no flashing, scrolling or other animation in the message.

(d) Illuminated signs may not change message content more than once per hour.

(e) Building-mounted illuminated signs may not change their messages at any time.

(7) Temporary business signs advertising or calling attention to coming events, special sales, contests, civic activities, promotional activities and devices, posters, banners, decals, etc., calling attention to association with credit groups, compliance with standards, affiliation with a premium stamp promotion, etc., may be exhibited only if inside any window area of a building, provided that the aggregate area of such signs, posters, banners, etc., does not exceed 40% of the area of the window in which they are exhibited. Neither Board approval nor the obtaining of a building permit is required.

[Amended 2-18-2015 by L.L. No. 1-2015]

(8) A temporary non-business sign or a message sign is permitted under the same conditions as detailed in Subsection A(11)(b)[1] through [6].

[Added 5-15-1991; amended 2-18-2015 by L.L. No. 1-2015]]

(9) Temporary grand opening signs advertising or calling attention to coming special store opening activities, special sales or other activities shall require a permit. Size and location of such a sign shall be individually evaluated by the Building Inspector or designee before a permit is issued.

[Added 5-15-1991; amended 6-20-2001 by L.L. No. 3-2001; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]

§ 224-9 Abandoned signs.

Signs or any structure or portion thereof which advertises an activity, business, product or service no longer conducted or available on the premises on which the sign is located shall be prohibited and shall be removed within 30 days.

§ 224-10 Signs or advertising devices on motor vehicles.

A. No person shall park any vehicle on a public right-of-way or public property or on private property so as to be intended to be viewed from a motorized vehicular public right-of-way, which 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 or nearby property or any other premises.

B. 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 or signs that are part of a vehicle, such as a construction trailer, which vehicle's primary purpose is not advertising to the public right-of-way.

§ 224-11 Public areas.

The placing of any sign other than a "for sale" sign for residential property on any curb, sidewalk, post, pole, hydrant, bridge or tree is prohibited.

§ 224-12 Street banners.

Street banners shall not be permitted unless specifically approved for civic affairs by the Zoning Board of Appeals.

§ 224-13 Electronic reader board signs.

[Added 2-18-2015 by L.L. No. 1-2015]

An electronic reader board sign is an illuminated sign with a changeable message. Electronic reader board signs are permitted in the Town of Henrietta subject to the following restrictions:

A. They are only permitted in commercial/retail districts. They are not permitted in residential districts.

B. They shall be erected perpendicular to the street. They shall not be mounted on any building.

C. They shall only be permitted on pole or monument signs.

D. They shall have no flashing, scrolling or other animation in displayed messages.

E. They are limited in content changes to one change every hour.

F. They may be in operation only from one hour before opening to one hour after closing of the commercial/retail business to which the sign relates.

G. They may be permitted for plaza directory sign purposes.

§ 224-14 Maintenance.

[Amended 5-15-1991; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]

The Building Inspector or designee shall require the proper maintenance of all signs, and such signs, together with their supports, shall be kept in good repair and free from all hazards, such as but not limited to faulty wiring and loose fastenings. The display surfaces and structures shall be kept neatly maintained at all times. The Building Inspector or designee may order the removal of any sign that is not maintained in accordance with the provisions of this chapter.

§ 224-15 Penalties for offenses.

A. Failure to comply with this chapter shall constitute a violation. The owner or general agent of a building or premises or land where violation of any provision of this chapter has been committed or shall exist; or the lessee or tenant of any entire building or entire premises or land where such violation has been committed or shall exist; or the owner/general agent, lessee or tenant of any part of the building or premises or land in which such violation has been committed or shall exist; or the general agent, lessee or tenant of any part of the building or premises or land in which such violation has been committed or shall exist; or the general agent, architect, builder, contractor or any other or person or entity who commits, takes part or assists in any property or part thereof in which any violation shall exist shall be in violation of this chapter. Conviction of a violation shall be subject to a fine in a minimum amount of $100 up to a maximum fine of $250. Each day's continued violation after notice of violation from the Town shall constitute a separate and additional violation.

[Amended 4-6-1988; 6-20-2001 by L.L. No. 3-2001; 9-27-2023 by L.L. No. 9-2023]

B. The Building Inspector or his assistants are hereby authorized to remove or cause to be removed any sign which does not conform to the provisions of this chapter, and all costs and expenses incurred in such removal shall be assessed against the land or buildings upon which the sign is located.

[Amended 8-20-1986; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]