[Amended 2-10-2003 by L.L. No. 1-2003; 9-8-2008 by L.L. No. 13-2008; 2-23-2009 by L.L. No. 2-2009; 4-12-2010; 7-13-2015 by L.L. No. 10-2015]
The purpose of these sign regulations is to regulate signs of all types in all districts. In the interest of promoting the general health, safety and welfare of the residents of the Town of Hamburg, these regulations are herein established to provide for the placement, location, type and size of signs in a sensible manner. As more specifically set forth herein, the intent of these sign regulations is:
A. 
To encourage the effective use of signs as a means of identification and communication;
B. 
To maintain an aesthetic environment;
C. 
To strengthen Hamburg's ability to attract sources of economic development and growth;
D. 
To prohibit the erection of signs in such numbers, sizes, designs and/or locations that may create a hazard to pedestrian and vehicular traffic;
E. 
To minimize the possible adverse effect of signs on nearby public and private property;
F. 
To promote and maintain attractive residential, commercial and industrial districts by preventing the blighting influence of excessive signage;
G. 
To provide reasonable, yet appropriate, conditions for identifying residential developments, institutions, businesses and industrial establishments;
H. 
To control the number and size of signs, and to avoid excessive competition for large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness and confusion.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED SIGN
A sign which for period of 90 consecutive days has not correctly exhorted any person or advertised a bona fide business, lessor, owner, product, event or activity conducted or product available on the premises where such sign is displayed.
ANIMATED SIGN
Any sign that uses movement or a change of lighting to depict action or create a special effect or scene.
AWNING/CANOPY 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.
BALLOON/INFLATABLE ADVERTISING SIGN
Any inflatable, self-contained membrane which floats above the ground and possesses an animated shape or character and/or contains any graphics, images and/or displays messages for the purpose of advertising a product, activity or event.
BANNER SIGN
Any sign of light fabric or similar material that is intended to be hung either with or without being mounted to a frame or attached to a pole or building. National flags, or the official flag of any institution or business, shall not be considered banners.
BEACON
Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same parcel or lot as the light source; also, any light with one or more beams that rotate or move, commonly referred to as a search light. These beacons are to be used temporarily (not to exceed three calendar days in duration) exclusively for special events, such as grand openings, concerts and other public assembly venues.
BILLBOARD SIGN
Any sign that attracts attention to an object, product, service, place activity, institution, organization or business that is not available or located on the parcel where the sign is located.
CHANGEABLE LETTER SIGN
A sign where the supporting frame or structure is permanent and only the letters, displays or illustrations are changeable or temporary.
DIGITAL SIGN
An exterior computer programmable sign capable of displaying words, symbols, figures or pictures images that can be altered or rearranged by remote or automatic without altering the face or surface of the sign. Typically, these signs utilize LEDs (or light-emitting diodes), plasma or LCD technology to produce the character and graphic of the display.
FLAG/SAIL SIGN
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, supported by a pole designed to move in the wind.
FREESTANDING SIGN
Any sign, including a monument sign, supported by structures or foundation supports that are placed on, or anchored in, the ground that is independent from any building or other structure. Freestanding signs would include pole and ground signs.
INCIDENTAL SIGN
A sign, generally informational, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
IDENTIFICATION SIGN
A sign intended to identify the principal use of a lot, building or building unit.
INSTITUTION SIGN
A sign displaying the name and/or organization occupying the premises of a public or quasi-public use restricted to churches or other place of religious worship; fire halls; hospitals; cemeteries; governmentally owned and/or operated facilities; and private and publicly operated schools.
INSTRUCTIONAL SIGN
An exterior sign that has a purpose secondary to the use on the lot that is intended to instruct employees, customers, visitors or users as to specific parking requirements; the location or regulations pertaining to specific activities on the site or in the building; security system advisories; specific services offered; or methods of payments accepted. Examples of instructional signs include: "Honk Horn for Service"; "Restrooms Inside"; "Parking for Customers Only"; "Parking for Residents Only"; menu boards; drive-up tellers; and "self-serve." No sign with a commercial message legible from a location off the premises on which the sign is located shall be considered an instructional sign.
INTERNALLY ILLUMINATED SIGN
Any sign incorporating or electrically supplied light source which illuminates the sign face from within.
MONUMENT SIGN
A freestanding sign having a low profile, supported by a solid masonry, wood (or similar material) constructed base with no open space beneath the sign but limited to no more than two feet of open space between the ground and the bottom of the sign face. Such signs shall be surrounded by landscaping treatment. Commonly referred to as a "ground sign."
[Amended 10-15-2018 by L.L. No. 7-2018]
NEON SIGN
Any sign or design detail which features exposed glass tubing filled with fluorescent gas.
NONCOMMERCIAL MESSAGE SIGN
Any sign which provides any message, opinion, or viewpoint, either political or religious in nature, exercising a person's right to free speech, belief or expression.
NONCONFORMING SIGN
Any sign that does not conform to the requirements of this regulation.
STATIC NUMERIC DISPLAY
A digital sign which singular function is only capable of displaying numbers and letters in static mode only. These signs are restricted in operation, limited only to displaying gas/fuel prices at auto services stations, hotel room rates, time/temperature and can only operate for that specified purpose.
OFF-PREMISES SIGN
A sign which directs attention to a business, product, activity or service which is generally conducted, sold, or offered elsewhere than upon the premises/parcel where such sign is located.
PENNANT/STREAMERS
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, or supported by a pole, usually in series, designed to move in the wind.
POLE SIGN
Any freestanding, elevated sign in which the sign face is supported by one or multiple vertical structural columns, poles or posts.
POLITICAL SIGN
A temporary, noncommercial sign advocating action on a public issue, generally indicating support for a candidate for public office in advance of an upcoming election.
PROJECTING SIGN
Any sign affixed to a building or wall in such matter that its leading edge extends more than 12 inches beyond the surface of such building or wall.
REAL ESTATE SIGN
A temporary sign which directs attention to the rental, sale or lease of the property on which the sign is located.
REQUIRED PUBLIC PURPOSE/SAFETY SIGN
Any sign, including emergency warning signs and street identification signs, erected by a public authority, utility, public service organization or private industry upon the public right-of-way or on private property which is required by law or otherwise intended to control traffic, direct, identify or inform the public, or provide needed public service as determined by the rules and regulations of governmental agencies or though public policy. Public purpose/safety signs include "No Parking Fire Lane."
RESIDENTIAL IDENTIFICATION SIGN
A sign identifying the name and address of a completed residential subdivision, a cluster development, or a multifamily development.
ROOF SIGN
Any sign erected and constructed wholly on and over the roof, gutter, or eave line of a building or structure, and extending vertically above the highest portion of the roof.
SANDWICH BOARD SIGN
Any sign which consists of two message boards joined together at the top (usually a hinged connection), commonly referred to as an "A-frame sign." This type of sign would include any temporary, two-sided sign supported on a base or any temporary sign which functions to display a changeable promotional message for a single business establishment.
SIGN
Any letters, figures, design, symbol, trademark or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and printed or constructed and displayed in any manner whatsoever out of doors for advertising purposes. However, this shall not include any governmental, court or public notices nor the flag, emblem or insignia of a government, school or religious group when displayed for official purposes.
SIGN FACE AREA
The entire area within the single, continuous perimeter enclosing the extreme limits of the written representation, emblem or figure or similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The supports, uprights or structures on which a sign is supported shall not be included in determining the sign area unless such supports, uprights or structures are designed in such a manner as to form an integral part of the display. Where a sign has two or more faces, the area of all faces shall be the area of the sign.
STATIC NUMERIC DISPLAY
A digital sign which singular function is only capable of displaying numbers and letters in static mode only. These signs are restricted in operation, limited only to displaying gas/fuel prices at auto services stations, hotel room rates, and time/temperature and can only operate for that specified purpose.
TEMPORARY PROMOTIONAL SIGN
A temporary sign of any type (other than a construction, political, or real estate sign) intended to announce special events, promotions or sales, including garage and estate sales in residential districts.
TEMPORARY SIGN
Any nonpermanent sign, including a portable sign, which is intended to be displayed for a limited time only. Such signs include construction, political, real estate and temporary promotional signs.
WALL SIGNS
Any sign attached parallel to, but within 12 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.
WINDOW SIGN
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. 
No sign may be erected, placed, established, painted, created, or maintained in the Town of Hamburg except in conformance with the standards, procedures, exemptions, and other requirements of this chapter. (Reference Code § 280-276, Visibility at intersections, and § 280-278D, Sight obstructions.)
B. 
Except as otherwise provided herein, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the Town of Hamburg, or cause the same to be done, without first obtaining a sign permit for each such sign unless otherwise deemed an unregulated sign.
C. 
All signs must be set back so that every part of the sign and any supporting structure is no closer than 10 feet to the road or street right-of-way or property lines.
D. 
All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, in a neat, clean, and attractive condition, and in conformance with this Code, at all times. A sign in good repair shall be free of peeling or faded paint, shall not show uneven soiling or rust streaks; shall not have chipped, cracked, broken or bent letters, panels or framing; shall not otherwise show deterioration.
E. 
No sign may contain or consist of flags, banners, pennants, ribbons, streamers, strings of light bulbs, spinners or other similar moving devices. These devices when not part of any sign are similarly prohibited unless they are permitted specifically by other local law.
F. 
No animated, flashing, rotating, noise-making, reflecting, mirrored or intermittently illuminated signs shall be permitted to be erected, except for required public purpose/safety signs.
G. 
Illuminated signs shall be so designated and arranged that any external illumination is so effectively shielded that no direct rays of light are cast into surrounding residential areas or public streets. No exposed, reflective-type bulb or incandescent lamp which exceeds 50 watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property.
H. 
The following operational restrictions and regulations apply to all digital signs:
(1) 
Digital signs are only permitted in C-2 (General Commercial) and M-1 through M-3 (Industrial) Districts and in all districts as institutional signs as defined in this chapter.
(2) 
Operational limitations. Such displays will be limited to stationary displays. The frequency with which and method by which messages/graphics appear or disappear from the display are to be regulated. Special effects or operational modes such as a scroll, travel and spinning actions or the use of similar transitions and frame effects that have text, graphics or images that appear to move or change in size, or are revealed sequentially rather than all at once, are prohibited.
(3) 
Full animation, flashing or video display is expressly prohibited.
(4) 
Minimum display time. Each message, graphic or image on the sign must be displayed for a minimum of 10 seconds.
(5) 
Existing billboards, posters and bulletins that have been previously approved by the Town are allowed to be converted to a digital messaging, provided they fully comply with requirements as provided in this chapter.
(6) 
All digital signs (except static numeric signs) require an annual license fee to defray the Town's cost to monitor and regulate their operational mode in accordance with the provisions of this chapter. Failure to obtain and maintain such annual permit will constitute a violation and the operation of the sign must be terminated. The cost of this fee shall be established as deemed appropriate through approval of Town Board resolutions. If any digital sign under annual permit is found to be in violation of the operational restrictions/regulations as stipulated in this chapter, the permit will be automatically revoked and new permit must be obtained at the original cost.
I. 
Only two static numeric signs are allowed per parcel. The character height of numbers or letters contained in these sign types cannot exceed 18 inches.
J. 
Nonconforming signs.
(1) 
Nonconforming signs existing at the time of the adoption of this article which do not conform to the requirements in this article shall be considered nonconforming signs and shall only be replaced with signs that fully comply with the provisions of this article; provided, however, nonconforming sign panels may be replaced in kind and nonconforming signs may be maintained, repainted or repaired, such repair solely in conjunction with incurrence of damage or deterioration of the sign and provided that such repainting or repairs do not exceed the dimensions of the existing sign. Exception: The compliant replacement sign can be placed in the same exact location as the existing nonconforming sign if it has been determined that it does not create a hazard.
[Amended 10-15-2018 by L.L. No. 7-2018; 4-25-2022 by L.L. No. 1-2022]
(2) 
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign. Any change in use of the business or activity for which the nonconforming sign was intended shall require that the sign be brought into full conformance to this article. The replacement of a sign face will require permit in order to ensure that the entire sign is brought into compliance with the current regulations.
K. 
Any sign that becomes abandoned or is located on a property which becomes vacant or relates to a business no longer operating on the property, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed abandoned (see definitions, "abandoned sign"[1]) and be removed in its entirety, including all sign structure and supporting members, by the owner of the sign or the owner of the premises.
[1]
Editor's Note: See § 280-234, Definitions.
All signs as listed are expressly prohibited and under no circumstances will qualify for a permit in the Town of Hamburg. The following listed signs are considered unlawful and will be considered a violation subject to enforcement action as deemed necessary by the Town. Such signs include, but are not limited to:
A. 
Roof signs.
B. 
Off-premises signs.
C. 
Pole signs.
D. 
Animated or rotating signs, except required public purpose/safety signs.
E. 
Billboard signs.
F. 
Banners, pennant, sail/flag, and/or portable signs, except as temporary signs in accordance with this article.
G. 
Balloon/inflatable advertising signs.
H. 
Any sign or part thereof on a vehicle or trailer parked on a public right-of-way, public property or on private property so as to be intended to be viewed from a motorized vehicular public right-of-way, which has for its basic purpose the providing of an advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This subsection 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, whose primary purpose is not advertising to the public right-of-way.
I. 
Any sign erected or maintained which might be confused with any traffic control device or which might interfere with the vision or discernment of any traffic sign or which might cause danger to public travel, including any sign which make use of works such as "Stop," "Look," "One Way," "Danger," "Yield," or similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead or confuse traffic.
J. 
Strings of lights not permanently mounted to a rigid background, except those exempt under this article.
K. 
Inflatable signs and tethered balloons.
L. 
Abandoned signs.
M. 
Neon signs outside of fiberoptic signage or any use of neon to outline or highlight a structure except within storefront windows.
N. 
Any sign painted on or attached to a fence.
O. 
Any sign attached or installed on a utility pole (including a light pole) or affixed to the existing supporting sign structure (pole or structural support intended for a permitted sign).
P. 
Any sign attached or suspended from a tree.
The following signs shall be exempt from regulation under this chapter and as such do not require a permit.
A. 
Any nonilluminated noncommercial sign placed within the front yard on an occupied property and not exceeding eight square feet in area and not exceeding six feet higher than the surrounding grade.
B. 
Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.
C. 
Any sign inside a building, not attached to a window or door, that is not visible from any exterior perspective.
D. 
Any New York State inspection station identification sign or New York State authorized repair shop identification sign which is at a height which does not exceed 10 feet and is located on an exterior or interior wall of the motor vehicle service station.
E. 
Traffic control signs on private property, such as "Stop," "Yield," and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort.
F. 
Private sale, rental or lease signs, when posted not more than seven days before a sale, and removed within seven days thereafter, and which sales may occur at any particular residence no more than three times a year.
G. 
Open/closed business signs which do not exceed two square feet.
H. 
Official public information signs, memorial signs, building names, erection dates or similar information cut into masonry or other permanent surface or constructed of bronze or other combustible material, not to exceed 16 square feet.
I. 
Signs and markers in cemeteries designating graves and memorials.
J. 
On-site farm stand signs that do not exceed 16 square feet in size, 32 square feet cumulatively for all signs for any one property.
K. 
Beacons.
L. 
Historical site markers.
M. 
No-trespassing signs and posted (no hunting, fishing and trapping) signs, provided that the signs do not exceed two square feet in area per sign.
N. 
Street number identification plates.
O. 
Vacancy/no vacancy signs which do not exceed three square feet.
The following temporary signs are not allowed in a right-of-way, but are allowed on private property without a sign permit. All temporary signs not specifically listed in this chapter do require a sign permit.
A. 
Special event sign: A temporary sign not exceeding 40 square feet in area is permitted specifically for the advertisement of special events only on private property locations. Only one such sign is allowed per lot and cannot be placed within any public right-of-way or obstruct visibility. A temporary sign permit is required. The temporary sign permit expires within 45 calendar days and cannot be renewed for another 90 calendar days.
[Added 10-15-2018 by L.L. No. 7-2018[1]]
[1]
Editor's Note: Former Subsections A through F were redesignated as Subsections B through G, respectively, to accommodate the provisions of this local law.
B. 
Construction signs: Signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction and/or the purpose for which the building is intended. One temporary construction sign shall be allowed per lot, and such sign shall not exceed a maximum area of 16 square feet. The sign shall be confined to the site of the construction and shall be removed within 14 days of completion of the project.
C. 
Political signs: Nonilluminated political signs, which shall not be located on any public property, shall not be erected more than 30 calendar days prior to the election (or primary event) and must be removed within five days after the election or primary. Any political election sign attached to a building shall not exceed eight square feet in area and shall be attached only to the front wall of the principal building of an occupied premises. Any detached, freestanding political election sign shall not exceed eight square feet in area, shall be erected only in the front setback area of occupied premises and shall be at least 10 feet from any property line or street line.
D. 
Real estate signs: Signs advertising the sale, rental, or lease of the premises or part of the premises on which the signs are displayed, up to a total area of eight square feet in residential and 16 square feet in commercial and industrial zones. Such signs shall be removed within 14 days of the sale, rental or lease. No off-premises signs advertising the sale, rental or lease of property are permitted in any zone. Directional signs for an open house event occurring for a limited period of time are permitted off-premises provided that maximum sign area shall not exceed eight square feet and not placed within on public property or public right-of-way.
E. 
Business "grand opening" signs (commercial districts only): Signs, which may include fabric banners, temporarily attached to the front wall or windows of a building, announcing the opening of a completely new enterprise or the reopening under new management of the business operating within. Business opening signs may be of any size that does not extend beyond the horizontal or vertical limits of the front wall of the building or, in the case of buildings housing more than one business, of that portion of the building occupied by the new business. Business opening signs shall not be displayed for a period no longer than 30 days.
F. 
Temporary business/identification signs: These signs shall be authorized on individual private commercial properties, when, in the judgment of the Code Enforcement Officer, operation of existing businesses on such properties are temporarily disadvantaged during road construction or sewer and water main installation, and/or public maintenance projects. A business is considered to be temporarily disadvantaged when such construction is taking place at the time of application within 1,000 feet of the lot upon which the business is located. However, no such sign shall be erected until a permit specifying the period of authorization has been obtained from the Code Enforcement Officer. In no case shall a temporary sign exceed a width of three feet and height above ground level of six feet. With reference to businesses located within shopping centers, consisting of eight or more businesses/tenants, one sign directing entrance into the shopping center will be allowed, but an individual sign for each business within the center will not be allowed.
G. 
No temporary signs, as allowed under this section, shall be electrified (i.e., illuminated, etc.).
The following regulations apply to all signage located within residential districts. These districts include: R-A, R-E, R-1, R-2, R-3, R-4, PRD and residential portions of PUD. The following nonilluminated signs are allowed without a permit unless otherwise noted:
A. 
Noncommercial signs, in accordance with the regulations of this article.
B. 
Temporary signs, in accordance with the regulations of this article. Temporary signs located in residential districts shall be no larger than eight square feet and not exceed four feet in height.
[Amended 10-15-2018 by L.L. No. 7-2018]
C. 
Nameplate signs for professional occupations not exceeding four square feet.
D. 
House number signs in accordance with New York codes of sufficient size to allow identification from the street (and which may be illuminated by customary outdoor household illumination), which are on the dwelling, a sign post not exceeding five feet in height, or mailbox, but no numbers painted on rocks shall be allowed.
E. 
Residential subdivision identification (temporary): A freestanding sign to be temporary in nature, to be removed within 14 days after the last lot in a subdivision is sold, no larger than 16 square feet, one per subdivision entrance, not exceeding six feet in height for freestanding. Wall signs are not allowed for this type of sign.
F. 
Residential subdivision identification (permanent): A landscaped, permanent monument sign no greater than six feet in height, no larger than 16 square feet, to be approved by the Planning Board, one sign per subdivision entrance (a permit is required). Wall signs are not allowed for this type of sign. No permanent residential subdivision identification sign shall be built unless the applicant provides to the Town proof that said sign will maintained in perpetuity by a homeowners' association, and which maintenance requirement shall be evidenced by a recorded restrictive covenant granting the Town the power to assess the property owners in the subdivision for any maintenance costs incurred if the association, after it has been verified, does not maintain said sign in good repair.
G. 
Institutional signs: A landscaped, permanent monument sign no greater than six feet, no larger than 40 square feet, on properties is permitted on a lot with a minimum of 200 feet of frontage on a public right-of-way. (A permit is required.)
[Added 10-15-2018 by L.L. No. 7-2018]
H. 
Institutional wall sign requirements:
[Added 10-15-2018 by L.L. No. 7-2018]
(1) 
Wall signs shall be attached to or incorporated in the building wall. Such signs shall have:
(a) 
An aggregate area not in excess of 5% of the area of the building front to which such signs are affixed, not to exceed 50 square feet in area.
The following regulations apply to business signs in C or M Districts. These districts include NC, C-1, C-2, C-3, HC, WC, M-1, M-2, M-3 and commercial signs in PUD. Unless otherwise noted all signs listed in this chapter require a sign permit.
A. 
A wall sign is permitted for each establishment on each side of a building fronting a public street or containing a public entrance, except on a side facing onto a contiguous R District.
B. 
Wall sign requirements.
(1) 
Wall signs shall be attached to or incorporated in the building wall. Such signs shall have:
(a) 
An aggregate area not in excess of 10% of the area of the building front to which such signs are affixed, not to exceed 120 square feet in area.
(b) 
A maximum width of 75% of the building wall's horizontal measurement, except that, where such horizontal measurement is 20 feet or less, the maximum width may be 90% of such measurement.
(2) 
Wall signs shall not:
(a) 
Extend more than two feet above top of the parapet or eave of building.
(b) 
Extend more than one foot beyond the wall to which it is attached.
C. 
Projecting signs. Projecting signs shall not:
(1) 
Exceed 20 square feet in area.
(2) 
Project into a pubic right-of-way.
(3) 
Extend more than five feet from a building wall.
(4) 
Extend more than 18 feet above ground level.
(5) 
Be less than nine feet above ground level.
D. 
At the entrance to business establishments above the first floor, the nameplates of such establishments may be mounted flat at the side of such entrances, and the size shall not exceed two square feet in area.
E. 
A monument sign may be permitted where it has been confirmed that the following conditions are met:
(1) 
The principal building to which said monument sign is accessory thereto is set back from the street line a distance in excess of 40 feet.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E(2), which specified a minimum length requirement for property frontage along a public right-of-way, as amended, was repealed 4-25-2022 by L.L. No. 1-2022.
F. 
Such monument signs shall:
(1) 
Be located no closer than 10 feet from the front property line and be no less than 20 feet from any other property line.
[Amended 8-3-2020 by L.L. No. 3-2020]
(2) 
Have a maximum area of 40 square feet.
(3) 
Have a height no greater than eight feet measured from the top of the sign to the highest grade surrounding the sign.
(4) 
Have landscaping treatment immediately surrounding the sign subject to Town review and approval.
[Added 10-15-2018 by L.L. No. 7-2018]
G. 
No commercial sign within 100 feet of any R District boundary shall have a surface area larger than 20 square feet.
H. 
In community and regional shopping centers, monument signs shall be permitted at the entrance or entrances to such shopping center and shall not be larger than 100 square feet of total area or exceed 12 feet in height. Such monument signs shall designate only the name of the shopping center and may include a theater panel listing current attractions and advertising of public affairs or public events in the community.
[Amended 10-15-2018 by L.L. No. 7-2018]
I. 
Sandwich board signs shall not be greater than nine square feet, shall not be taller than three feet from the ground to the top of the sign and shall not be wider than three feet. Only one such sign shall be allowed per business or enterprise. No such sign shall be permitted in a public right-of-way area unless the applicant seeking to display the sign has filed with the Town of Hamburg Code Enforcement Department an indemnification and hold-harmless agreement in a form acceptable to the Town. All existing and new sandwich board signs require an annual license fee to defray the Town's cost to monitor and regulate their use in accordance with the provisions of this chapter. The cost of this fee shall be established as deemed appropriate through approval of Town Board resolution.
J. 
Institutional sign: A landscaped, permanent monument sign no greater than eight feet in height, no larger than 40 square feet, is permitted on a lot with a minimum of 200 feet of frontage on a public right-of-way.
[Added 10-15-2018 by L.L. No. 7-2018]
A. 
Application. An application for a sign permit shall be made to the Code Enforcement Department upon prescribed forms and shall contain the following:
(1) 
The name, address and telephone number of the applicant including the name and contact information of the contractor installing the sign.
(2) 
The location of the building, structure or land to which or upon which the sign is to be erected.
(3) 
The application shall be accompanied by two sets of plans of the sign, drawn to scale on sheets of a minimum of 8 1/2 inches by 11 inches. Sign plans shall include dimensions, proposed design, colors, materials, details of any illumination source, wiring and other electrical details and structural details, including fastening and joining methods and materials. Upon receiving an application, the Code Enforcement Official may determine, depending of the specific circumstances regarding the sign and its installation, that additional engineering may be required and that the sign shall be designed and constructed under the supervision of a structural engineer.
(4) 
A survey of the parcel on which the sign is to be placed shall also be submitted, delineating property lines, street lines, building locations and dimensions, parking areas, location and dimensions of all other signs on the premises.
B. 
All permits shall be securely fastened to the authorized sign(s). Upon expiration of a permit, the authorized sign shall be removed within 24 hours after expiration.
A. 
Computation of height.
(1) 
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 portion of the actual sign. Normal grade shall be constructed to be the lower of the following two conditions:
(a) 
Existing grade prior to construction; or
(b) 
Newly established grade after construction, exclusive of any filing, berms, mounding, or excavating solely for the purpose of locating the sign.
(2) 
In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.
B. 
Computation of area of multifaceted signs: When computing the area of any monument, detached, or projecting sign, only one face of the two sides is used in the computation.
[Amended 10-15-2018 by L.L. No. 7-2018]
C. 
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.
A. 
The Town Code Enforcement Department shall have the jurisdiction and authority to inspect, verify and determine and cite any noted violation of the provisions of this chapter.
B. 
Any owner, tenant, lessee or person otherwise in charge or control of any sign found to be in violation of any regulation as defined herein shall be jointly and individually responsible for not complying with the provisions of this chapter.
C. 
The Zoning Board of Appeals upon hearing an application for a use or area variance involving signs shall not grant any variance unless the applicant can absolutely establish without a question of doubt that he or she meets all the criteria necessary for approval as enumerated in Article XLV, § 280-310A(2) and (3).
This chapter shall become effective immediately upon its enactment by the Town Board, after proper filing with the offices of the Department of State.