[HISTORY: Adopted by the Town Board of the
Town of Henrietta 10-20-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 295.
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.
A.
BUSINESS SIGN
CONSTRUCTION SIGN
DIRECTIONAL SIGN
GOVERNMENTAL SIGN
GRAND OPENING SIGN
ILLUMINATED SIGN
NON-BUSINESS MESSAGE SIGN
OFF-SITE BUSINESS SIGN
PRIVATE SALE SIGN
REAL ESTATE SIGN
SHOPPING PLAZA
SIGN
TEMPORARY SIGN
WARNING SIGN
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]]
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.
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.
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.
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law, ordinance or
governmental regulation.
A temporary sign on which the copy announces the opening
of a store, restaurant or any other new commercial venture.
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.
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.
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.
A temporary sign advertising the sale of personal property
at house sales, garage sales, rummage sales and the like.
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.
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]
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.
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.
Signs limited to messages of warning, danger or caution.
B.
GROUND SIGN
POLE SIGN or FREESTANDING SIGN
PROJECTING SIGN
ROOF SIGN
WALL SIGN
WINDOW SIGN
Structural types. As used in this chapter, the following
terms shall have the meanings indicated:
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]
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.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 18 inches from such building.
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.
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.
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.
SHOPPING PLAZA
Other definitions. As used in this chapter, the following
terms shall have the meanings indicated:
[Added 5-15-1991]
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.
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:
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]
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]
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.
[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.
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]
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]
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.
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.
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.
Street banners shall not be permitted unless
specifically approved for civic affairs by the Zoning Board of Appeals.
[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.
[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.
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]
