Town of Kent, NY Supplementary Sign Regulations

The following sign regulations shall apply to all districts:

Purpose. The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed on-premises signs and signs of all types within the Town of Kent. This section is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of the Town. It is further intended to reduce distractions and obstructions that may adversely affect traffic safety, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and maintain the generally high level of the community's appearance and attractiveness. This section is intended to promote attractive signs that clearly present the visual message in a manner that is compatible with their surroundings and to ensure that signs aid orientation and adequately identify uses and activities to the public. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to be compatible with their surroundings.

General regulations.

(1)

No person, firm or corporation shall hereafter erect, re-erect, construct or structurally alter a sign or sign structure without first receiving the approval of the Town Planning Board and obtaining a permit issued by the Building Inspector.

(2)

Every application for a sign permit shall be accompanied by plans to scale showing the dimensions and area of the sign; the location of the sign on the building, structure or lot upon which the sign is to be attached or erected; the colors, materials, lettering, artwork and other attributes of the sign; the proposed method of illumination, if any; and statements indicating compliance with applicable building construction standards.

(3)

No sign shall be erected which, in the opinion of the Building Inspector, may cause hazardous or unsafe conditions. If such signs exist, they shall be removed upon direction of the Building Inspector following written notification to the owner by U.S. certified mail. Failure to remove a sign(s) after notice by the Building Inspector shall result in enforcement of these provisions and an order to remove such sign in accordance with this chapter

(4)

No sign, other than an official traffic sign, shall be erected within the right-of-way of any public street or highway.

(5)

Unless otherwise provided for in this section, no sign shall have more than two sides. The calculation of maximum allowable square footage of a two-sided sign shall be the size of the smallest face of one side, unless otherwise specified.

(6)

All illuminated signs shall bear the Underwriters Laboratories, Inc., seal or be inspected and certified by a Putnam County authorized electrical inspection company.

(7)

All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.

(8)

All signs, including wall signs and projecting signs, shall be securely anchored and shall not swing or move in any manner.

(9)

All signs shall be constructed of durable materials and shall be maintained in a good condition. The use of cardboard, paper, canvas or similar impermanent material is prohibited.

(10)

Except for the Commercial District and IOC District, no sign shall project over public sidewalk areas.

(11)

Where permitted, projecting signs shall have no more than two faces. The exterior edge of a projecting sign shall extend not more than five feet from the building face or 1/3 the width of the sidewalk over which it is suspended, whichever is less. No part of a projecting sign shall extend into a vehicular traffic area. A projecting sign suspended over a sidewalk or pedestrian traffic area shall have a clearance of not less than seven feet, six inches. No sign shall project from an awning.

(12)

On multistory buildings, projecting signs shall be attached to the building above first-story windows and below second-story windowsills. On one-story buildings, projecting signs shall be attached above first-story windows and below the roofline. The size and location of a projecting sign shall complement neighboring signs.

(13)

No wall sign shall be higher than the height of the wall to which it is attached.

(14)

Illumination of any sign shall not produce a direct glare beyond the limits of the boundary of the lot on which it is located. Ground-mounted spotlights used to illuminate a sign shall be fully shielded.

(15)

All wiring to a freestanding sign shall be underground and/or concealed within the sign structure.

(16)

Any sign that is destroyed or has deteriorated such that it is damaged beyond repair, as determined by the Building Inspector, shall be promptly removed.

Nonconforming signs. Wall and freestanding signs in existence on the date of enactment of this chapter that do not conform to the dimensions or placement described in this section may continue to be used as legal nonconforming signs. A legal nonconforming sign shall not be enlarged, or altered, and if it is removed from its location for other than routine cleaning, maintenance or repainting, it shall be made to conform to this chapter. Any increase in size or change in the design, style, location, materials, shape, height or location of a nonconforming sign shall not be permitted. Any nonconforming sign that is damaged or destroyed, for a loss of 50% or more of its value, as determined by the Building Inspector, by fire or other casualty shall not be restored, reconstructed or replaced except by a sign that conforms to this requirements of this chapter.

Prohibitions.

(1)

No off-premises signs shall be allowed other than as permitted for agricultural premises and as stated in the exempt signs provisions of this section.

(2)

No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights except to show time, date and/or temperature.

(3)

No sign shall contain any moving parts.

(4)

No sign shall be erected which, in the opinion of the Zoning Administrator, may cause hazardous or unsafe conditions. If such signs exist, they shall be removed upon direction of the Zoning Administrator following notification to the owner. Failure to remove a sign(s) after notice by the Zoning Administrator shall result in enforcement of these provisions and the order in accordance with this chapter.

(5)

No sign shall be mounted on the roof of any building or structure.

(6)

Portable signs are prohibited except as provided herein.

Exempt signs.

(1)

The following signs are exempt from this article:

(a)

Decorative banners, flags, posters, placards and streamers on residential premises.

(b)

Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations, not exceeding six square feet.

(c)

Flags and insignia of any government.

(d)

Notification signs on communication facilities required by law.

(e)

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zone, entrances and exits not exceeding four square feet per face and six feet in height. Business names and personal names shall be allowed for directional purposes only.

(f)

Number and name plates identifying residences mounted on the house, building, apartment or mailbox, not exceeding two square foot in area.

(g)

Lawn signs identifying residences, not exceeding one square foot. Such signs are to be non-illuminated except by a light that is an integral part of a lamppost if used as a support.

(h)

Private owner merchandise sale signs for garage sales and auctions located on the premises, not exceeding four square feet.

(i)

On-premises "No Trespassing" or "Private Property" or similar signs.

(j)

Temporary nonilluminated "For Sale," "Open House," "For Rent," "For Lease," "Opening Soon", "Coming Soon" real estate signs and signs of a similar nature concerning the sale, rental, and general availability of vacant or improved real property; provided such signs do not exceed four square feet per side in a residential district, and 16 square feet per side in a nonresidential district. Such signs shall be removed immediately upon the sale, rental, lease, or termination of the open house event regarding the premises so advertised, or not later than 14 days of the date of the opening of the premises. Failure to promptly remove said signs in accordance with this section may result in the removal by the Code Enforcement Officer or Building Inspector.

(k)

Temporary, nonilluminated window signs and posters not exceeding 35% of the total window surface of a building.

[Amended 8-21-2012 by L.L. No. 4-2012]

(l)

Temporary informational and directional signs for noncommercial events, meetings, conventions and other assemblies displayed not more than one week prior to the event. Such signs shall be removed upon the termination of the event. Failure to promptly remove said signs in accordance with this section may result in the removal by the Code Enforcement Officer or Building Inspector.

(m)

One sign, not exceeding four square feet in a residential district or 16 square feet in a nonresidential district, listing the architect, engineer, contractor and/or owner on premises where construction, renovation or repair is in progress. Said sign shall be removed upon completion of construction, renovation or repair as determined by the Building Inspector or Code Enforcement Officer.

(n)

Political posters, noncommercial, and similar signs as long as they are not placed within the right-of-way of any street or highway.

Substitution clause. Any sign authorized pursuant to this article may contain a noncommercial message in lieu of other copy.

Signs in the Commercial and IOC Districts:

(1)

Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed. For single use and multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping. All signage shall be subject to Planning Board review and approval.

(2)

One wall sign is permitted per tenant. The maximum size of wall signs and projecting signs, where permitted, shall not exceed one square foot for every two linear feet of the front building facade along the front yard. For a building on a corner lot, only the linear footage of the building facade along one front yard shall be used in this calculation. In addition, one freestanding sign not exceeding 20 square feet in area per side and not greater than eight feet in height above the finished grade is permitted. Freestanding signs shall be set back not less than 10 feet from the highway right-of-way or 35 feet from the highway center line, whichever is greater. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board. The use of exposed "I" beams or steel beams to support a freestanding sign is prohibited.

(3)

One freestanding "sandwich" style sign per tenant of no more than five square feet per side is permitted provided it is placed so as to not block or impede pedestrian or motor vehicle traffic. All such signs shall be subject to Planning Board review and approval.

(4)

One drive-through menu board per tenant is permitted, provided such sign does not exceed 20 square feet in sign area. All such signs shall be subject to Planning Board review and approval.

(5)

Signs in shopping centers and shopping malls:

(a)

Notwithstanding any other provision of this section, a shopping center is permitted one freestanding sign. Such freestanding sign shall not exceed 64 square feet in area per side and shall not exceed 15 feet in height above finished grade. Freestanding sign(s) shall be set back not less than 15 feet from the highway right-of-way or 40 feet from the highway center line, whichever is greater. In no event shall a freestanding sign be placed within 15 feet of any property line. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board. The use of exposed "I" beams or steel beams to support a freestanding sign is prohibited.

(b)

Each tenant is permitted one wall sign. Such wall sign shall not exceed 10% of the area of the exterior facade of the portion of the building leased by the tenant or 20 square feet, whichever is less.