[HISTORY: Adopted by the Common Council of
the City of Ithaca as Ch. 34 of the 1975 Municipal Code; amended in
its entirety 6-4-2003 by Ord. No. 2003-11. Subsequent amendments noted where
applicable.]
The purpose of this chapter is to promote and
protect the public health, welfare and safety by regulating existing
and proposed outdoor advertising, outdoor advertising signs and outdoor
signs of all types. It is intended to improve communications within
the community, to protect property values, to create a more attractive
economic and business climate, to enhance and protect the physical
appearance of the community, to preserve the scenic and natural beauty
of designated areas and to provide a more enjoyable and pleasing community.
It is further intended hereby to reduce sign or advertising distractions
and obstructions that may contribute to traffic accidents, to reduce
hazards that may be caused by signs overhanging or projecting over
public rights-of-way, to provide more open space and to curb the deterioration
of natural beauty and community environment.
This chapter shall hereafter be known and cited
as the "Sign Ordinance of the City of Ithaca."
As used in this chapter, unless otherwise expressly
stated, the following terms shall have the meanings indicated:
An overhead structure attached to a building wall and that
consists of fabric or other material covering a frame extending at
least 12 inches from the face of a building.
A temporary sign intended to be hung either with or without
a frame, possessing characters, letters, illustrations, or ornamentations
applied to paper, plastic, or fabric of any kind.
ADVERTISEMENT BANNERAny banner intended to act as signage to advertise a specific business or the sale of a specific product or not-for-profit-sponsored community event or service.
DECORATIVE BANNERCloth banners designed for long-term use that are not intended to act as signage to advertise a specific business or the sale of a specific product. Decorative banners may, however, contain sponsor tags, if they are part of a formally approved program by the Community Life Commission.
[Amended 7-5-2017 by Ord. No.
2017-15]
Any freestanding sign that advertises business conducted,
services provided or products sold on properties other than the property
on which the sign is erected.
Any sign erected on any part of a building or structure or
on a sign structure attached to a building. For the purposes of this
chapter, a freestanding sign or sign structure, any part of which
is less than five feet away from a building or structure on the same
premises, shall be considered a building sign. Building signs are
further defined as follows:
AWNING SIGNA sign that is painted, printed, or stenciled onto the surface of an awning.
CANOPY SIGNA sign that is painted, printed, or stenciled onto the surface of a canopy.
FASCIA SIGNA sign erected or painted on the horizontal fascia or eave trim of a roof, including signs in the filled-in portion of any roof gable. Such signs shall not extend beyond any edge of the surface on which they are mounted.
PERMITTED ROOF SIGNA sign erected on the roof of a building or structure in such a manner that, when viewed from any public right-of-way giving access to the premises, no part of the sign or its supporting structure projects above the roof ridge, beyond its hips or edges nor below the eave line nor more than 18 inches beyond the plane of the wall below. Roof signs are permitted provided they do not extend four feet beyond the height of the lowest portion of the roof.
WALL SIGNA sign fastened, painted or otherwise erected on the wall of a building so that the wall becomes the sign's supporting structure and wholly or partially forms its background.
WINDOW SIGNA permanent sign affixed to a window surface or in front of or behind a window in such a manner that the window acts as its frame or background.
A canopy is a roof-like structure that shelters a drive lane
use such as, but not restricted to, a gasoline pump island. A canopy
is open on two or more sides and may be supported by either columns
or by being attached to the building to which it is accessory.
A small ground-mounted sign, the purpose of which is to direct traffic safely into and out of the premises. Any directional signs that are affixed to an exterior wall of the building will be considered building signs and will be calculated as part of the total allowable building signage. See § 272-5.
Any sign or sign structure not attached to the exterior of
a building or other structure and no part of which extends closer
than five feet to such building or other structure on the same premises.
Freestanding signs or sign structures, any part of which is closer
than five feet to a building or other structure on the same premises,
shall be classified as building signs. Freestanding signs are further
defined as follows:
POLE SIGNA sign or signs mounted on a freestanding sign structure consisting of one or more poles, columns or piers, none of which supporting members shall exceed 18 inches in any horizontal dimension between two feet and eight feet above grade level.
MONUMENT SIGNA sign or signs mounted, painted on or fastened to a freestanding wall, pier or other sign structure, of which any horizontal dimension of a structural member exceeds 18 inches between two feet and eight feet above grade level.
The outer surface of a building, including the outer and
inner surface of windows thereon, visible from any private or public
street or highway.
An existing exterior sign erected prior to 1950 which may or may not refer to an occupant, business, service or product currently or previously existing or offered on the premises on which the sign is located or within the city. Historic signs shall not be limited to sites designated as local landmarks. Historic signs are distinguished by one or more of the following characteristics: design; decorative character; age; historic relationship to persons, places, activities or products of the city; or their representation of early advertising techniques or sign technology, including the use of materials, techniques and devices no longer in common use for signage, such as but not limited to Carrara glass, painting directly on building surfaces and exposed neon tubing. The term shall include reproductions of original signs as provided further in § 272-16 below.
Any sign illuminated by electricity, gas or other artificial
light, including but not limited to reflective or phosphorescent light
originating from outside the body of the sign or from within or behind
it.
Any sign whose purpose is to inform the public of safety
hazards, of property use regulations or of the location of specific
activities on the premises. Any informational signs that are affixed
to an exterior wall of the building will be considered building signs
and will be calculated as part of the total allowable building signage.
Any light, string of lights or group of lights located or
arranged so as to cast illumination on a sign face from the exterior
or to illuminate a sign from its reverse side.
A picture, design or decorative treatment painted on or otherwise
affixed to and covering a large portion of a wall surface, including
sculpture and sculptural treatments of solid elements for the purpose
of this definition. Murals may be erected on any wall of a structure.
Signage and advertising may be erected in conjunction with murals.
Murals erected in conjunction with signage shall not be considered
signs for the purpose of this chapter if such murals are clearly separate
from the signage and the content and design of the mural does not
overtly represent specific goods, services or activities offered for
sale. Generalized depictions of types of goods; commonly used symbols
other than trademarks, brand names and logos; and scenes which do
not specifically illustrate commercial activity may be allowed in
murals. Graphic, pictorial or representational material which is clearly
subordinate to signage, which is contained within a sign or which
forms a design element integral to a sign shall be considered to be
signage rather than a mural and shall be counted as part of the signage
for the premises on which it is located.
Any sign or sign structure, other than a window sign, that
is not permanently affixed to a building, structure or the ground,
but not including advertising on motor vehicles.
Any sign that projects from the exterior of any building.
Any group of two or more stores which share a common vehicular
entrance or entranceways and common off-street parking.
Any material, symbol, emblem, structure or device, or part
thereof, composed of lettered or pictorial matter or upon which lettered
or pictorial matter is placed when used or located out-of-doors or
outside or on the exterior of any building, including exterior and
interior window surfaces, for display of an advertisement, announcement,
notice, directional matter or name, and includes sign frames, billboards,
signboards, painted wall signs, hanging signs, illuminated signs,
pennants, fluttering devices, projecting signs or grounds signs, and
shall also include any announcement, declaration, demonstration, display,
illustration or insignia used to advertise or promote the interests
of any person or business when the same is placed in view of the general
public.
The term "sign" includes signs related and unrelated
to a business or profession or to a commodity or service sold or offered
upon the premises where such sign is located.
For the purposes of this chapter, the term "sign"
does not include signs erected and maintained pursuant to and in discharge
of any governmental function or required by any law, ordinance or
governmental regulation, nor does it include flags, emblems or symbols
of a nation, governmental body or school, nor memorial tablets or
historical markers, nor does it include murals, as defined above.
The surface area of a sign that is within view of a public
right-of-way, visible from any one point of view. For measurement
purposes, the sign surface area shall be calculated as follows:
For rectangular wall signs: that area of the
smallest rectangle that can be placed over the entire sign, including
its lettering, pictorial matter or devices, frame and decorative moldings
along its edges and background, if of a different color from the predominant
color surrounding the sign.
For irregular wall signs: that area defined
by the edges of the sign, including all lettering, pictorial matter
or devices, frame and decorative moldings and background, if of a
different color from the predominant color surrounding the sign.
For letters, pictorial matter or devices not
attached to frames or freestanding: that area defined by the smallest
rectangle or rectangles that can be placed over any series of letters,
pictorial matter or devices which can be considered as a unit. In
the event that both uppercase and lowercase letters are used, the
area shall be defined by the smallest rectangles that can be placed
over the series of lowercase letters plus the area of the smallest
rectangles that can be placed over the individual uppercase letters.
In the event that a letter or letters or other pictorial matter is
placed as a separate unit on background boards, the sign area shall
be calculated as the sum of the areas of the background boards.
For freestanding double-faced signs: the area
of one entire side of the sign calculated as above.
For multiple-sided signs: the maximum area visible
from any one point of view.
For signs on other than flat surfaces: the maximum
actual surface area visible from any one point of view.
Any structural framework or base intended to support a sign
or signs, but not including the sign, sign frame or background. Sign
structures whose separate nature and purpose as support for signage
is apparent shall not be counted as part of the sign area permitted
by this chapter, but any sign structure or portion thereof which,
by shape, material, color or other means, serves as a sign box, frame
or background or which serves to identify the premises, its proprietors
or owners or the products, services or activities provided on the
premises shall be considered a sign as defined above.
Any sign constructed of cloth, paper, canvas, plastic or
light fabric, wallboard or other light, impermanent material with
or without frames intended to be displayed for a limited period of
time only.
To build, construct, alter, display, relocate, attach, hang,
place, suspend, affix or maintain any sign, and shall also include
the painting of exterior wall signs.
The prohibitions contained in this section shall
apply to all signs and all use districts, regardless of designation,
of the City of Ithaca, unless otherwise provided herein:
A.
Types of signs.
(1)
Projecting signs. No sign shall be erected or maintained in which any portion of the sign or its supporting structure projects a horizontal distance of more than 18 inches from the surface to which the sign or sign structure is attached, except as provided in § 272-15 below.
(2)
Overhead signs. No sign shall be supported or attached,
wholly or in part, over or above any wall, building or structure,
except as otherwise provided in below for canopy, marquee or awning
signs, which may not project beyond any edge of the building or structure
to which the awning, canopy or marquee is attached, and except as
otherwise provided for ground signs and sign structures and for permitted
roof signs.
(3)
Canopy, awning, and marquee signs. Signs on the front or sides or affixed to the top edge or bottom surface of a marquee, canopy, awning or sunscreen shall be counted as part of the total area and number of signs permitted the premises under this chapter and shall be subject to computation of area and payment of fees as covered in this chapter. Such signs shall not project more than 18 inches from the surface to which they are attached nor extend beyond any edge of such surface, except that signs affixed to the top edge of a marquee or similar structure shall not project beyond the front of the side face above which it is mounted; and except further that such marquee signs may be more than 18 inches tall, provided that they do not project visually above the top of the building facade or roof ridge when viewed from the public right-of-way. (See Chapter 170, Encroachments.)
B.
Encroachments. Signs may be mounted on structures or portions of structures which form encroachments, provided that, if such signs form an additional encroachment, they shall be subject to the provisions of Chapter 170, Encroachments, of this Code,in addition to the payment of required sign permit fees.
C.
Pedestrian hazard. All signs or other advertising
structures which are erected at any point where pedestrians might
be endangered shall have a smooth surface, and no nails, tacks or
wires shall be permitted to protrude therefrom.
D.
Wind pressure and dead-load requirements. All signs
shall be designed and constructed to withstand wind pressure to receive
loads as required by the Building Code.
E.
Site plan. Whenever a site plan is required to be
filed, the site plan shall show the proposed location of any signs
to be erected on the property and shall define the size and height
of the signs with dimensions and elevation views as well as the street
and driveway visibility.
The following signs shall be prohibited in all
zones of the city:
A.
Any sign which violates any provision of law or code
of the State of New York or of the United States;
B.
Any sign which obstructs a door, fire escape or building
opening intended for light, air or access to a building;
C.
Any sign of which all or any part is in motion by
any means, including fluttering, rotating or other moving signs set
in motion by movement of the atmosphere;
D.
Any sign displaying flashing or intermittent lights
or lights changing degrees of intensity, except a sign indicating
time or temperature, with changes alternating on not more than five-second
cycles when such time or temperature sign does not constitute a public
safety or traffic hazard in the judgment of the Director of Planning
and Development or designee; provided, however, that no such sign
shall be permitted in any historic district;
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
E.
Any sign that obscures a sign displayed by public
authority for the purpose of giving traffic instructions or direction
or other public information;
F.
Any sign that uses the words "stop," "danger," "slow,"
"caution," "warning," "yield," "go," or otherwise presents or implies
the need or requirement of stopping or caution, or the existence of
danger, or which is likely to be confused with any sign displayed
by public authority or any sign that imitates or resembles an official
traffic sign or signal, except for private, on-premises directional
signs.
G.
Any sign or illumination that causes any direct glare
into or upon any building other than the building to which the sign
may be related, or any sign whose level of intensity exceeds the average
ambient levels in the immediate area;
H.
All displays which are not shielded to prevent any
light to be directed at oncoming traffic in such brilliance as to
impair the vision of any driver. No device shall be illuminated in
such manner as to interfere with or obscure an official traffic sign
or signal.
I.
Any billboards or portable or mobile signs.
A.
Permit not required. The following signs are permitted
in any use district without a permit, as noted:
(1)
Any temporary political posters, which signs shall
not exceed 15 square feet in area, except in residential districts,
where said signs shall not exceed five square feet.
(2)
Nameplates, not self-illuminated, denoting the names
and/or address of the occupants of the premises, not exceeding 144
square inches per occupant.
(3)
Signs denoting the architects, engineers and/or contractors
placed on premises where construction, repair or renovation is in
progress, not exceeding one sign per premises and not exceeding five
square feet in area in residential zones and 15 square feet in area
in all other zones; provided, however, that such signs shall be removed
immediately upon completion of the project.
(4)
Directional entrance/exit signs on premises, each
not exceeding six square feet in area nor three feet in height from
grade, and no part of such signs or supporting structures may extend
closer than 18 inches to any public right-of-way. One each "in" and
"out" signs are permitted per curb cut serving premises in B-5, SW-1,
SW-2, and SW-3 Districts, and the "in" sign may bear one word or symbol
identifying the business (such as "Smith's" or "Gulf") occupying the
premises in lieu of "in," "enter," etc., which identifier may not
cover more than 25% of the total area of the directional sign.
(5)
Signs or bulletin boards customarily incident to places
of worship, libraries, museums, social clubs or societies, which signs
or bulletin board shall not exceed 25 square feet in area and shall
be located on the premises of such institutions.
(6)
Murals.
[Amended 7-6-2011 by Ord. No. 2011-11; 12-7-2011 by Ord. No.
2011-15; 6-5-2013 by Ord. No. 2013-15[1]]
(a)
Where any part of a mural will be visible from a public way, a description and a drawing of the proposed mural shall be submitted to the Department of Planning, Building and Development for a determination as to whether such mural, or any part thereof, would constitute signage within the meaning of the definitions of “mural” and “sign” in § 272-3 above. The description submitted shall fully explain the proposal in terms of size, location on the property, graphic/pictorial content and relationship to any signage existing or proposed for the property to aid the Department of Planning, Building and Development in making his/her determination.
(b)
Upon receipt of a proposal for a mural for any property subject to the provisions of Chapter 160, Design Review, or Chapter 325, Zoning, Article VIII, Courthouse Special Use Zone, or Chapter 228, Landmarks Preservation, of this Code, or facing such property, the Director of Planning and Development or designee shall notify the Planning and Development Board, the Community Life Commission, and/or the Landmarks Commission, as applicable, for their information and any appropriate action and shall so inform the applicant.
[Amended 7-5-2017 by Ord. No.
2017-15]
(c)
Upon
determination by the Director of Planning and Development or his/her
designee that a proposed mural does not constitute signage, murals
not subject to further review as indicated above may be erected without
permit or fee. Murals or any part thereof which are determined to
be signage shall be subject to the provisions of this chapter for
signs.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
B.
Permit required. The following signs require a permit
as provided herein:
(1)
Residential zones. For properties with up to 50 feet
of building frontage, any sign advertising the name of a building
or a commercial enterprise, including real estate developments or
subdivisions, permitted in a district zoned residential by any zoning
regulation shall not exceed five square feet in area and shall advertise
only the name of the building, owner, trade names, products sold and/or
the business or activity conducted on the premises where such sign
is located, provided that no more than one sign shall be allowed for
each such residential, business or commercial activity conducted on
the premises, and it shall in all respects conform to the provisions
of this chapter respecting signs permitted for establishments in business
districts. For properties with more than 50 feet of building frontage,
such signs shall not exceed 12 square feet.
(2)
Commercial zones. Any commercial building in any zone,
except the SW-1, SW-2, SW-3, WEDZ-1a, B-5, or the I-1 Zone, may have
a total sign area not to exceed 1.5 square feet of signage to every
one linear foot of building frontage. Within the total allowable signage,
each place of business may have no more than one freestanding sign
or structure erected for the purpose of advertising a business, products
and/or services, with a maximum height of 22 feet, including framework.
No individual sign may exceed a maximum square footage of 50 square
feet. In lieu of one freestanding sign, a business is allowed two
wall signs. Such wall signs shall not exceed a total of 50 square
feet each.
(a)
Exception. In all districts except residential,
where a structure or building has frontage on more than one street,
public highway or waterway, one sign attached, painted on or applied
to the front or face of said structure or building shall be permitted
facing each street, public highway or waterway frontage, within the
overall allowance for number of signs and total sign area for the
zoning district and use type as specified in this chapter, which maximums
shall apply to the premises as a whole.
(b)
Any sign advertising the name of a residential
building, including real estate developments or subdivisions, permitted
in a district zoned commercial shall not exceed 12 square feet in
area and shall advertise only the name of the building, provided that
no more than one sign shall be allowed for each such residential activity
conducted on the premises, and it shall in all respects conform to
the provisions of this chapter respecting signs permitted for establishments
in business districts. In cases where signs advertising residential
uses are located on buildings which combine commercial and residential
uses in the same structure, such signs shall be included within the
overall allowance for total sign area for the zoning district as specified
in this chapter, which maximums shall apply to the premises as a whole.
In districts zoned SW-1, SW-2, SW-3, WEDZ-1a,
B-5, or I-1 by the Zoning Ordinance of the City of Ithaca, New York,
no signs shall be erected or maintained, except as follows:
A.
Freestanding businesses may have one freestanding
sign not to exceed .5 square foot to every one linear foot of the
building frontage occupied by the business and not to exceed 75 square
feet in area, a width of 12 feet, and not to exceed a maximum height
of 22 feet, including the framework. In addition, the freestanding
business may have building signs not to exceed 1.5 square feet of
sign area to every one linear foot of building frontage or of building
frontage occupied by each business conducted on the premises, the
total of both freestanding and building signs not to exceed a total
area of 250 square feet. See below for setback bonus information.
B.
Shopping plazas may have one freestanding sign structure
located on the property at each major entrance to the shopping plaza
at a location approved by the Planning and Development Board as a
part of the site plan review process, in accordance with § 276-7(3)b
of the City Code. No freestanding sign structure shall exceed a maximum
height of 30 feet and maximum sign area width of 12 feet. Each individual
business within a shopping plaza may have a maximum sign area on the
freestanding structure of .5 square foot of sign to every one linear
foot of the building frontage occupied by that business. In addition
each business within a shopping plaza may have building signs that
do not exceed 1.5 square feet of sign to every one linear foot of
building frontage occupied by the business and not to exceed total
area of 250 square feet. See below for setback bonus information.
(1)
Wall sign setback bonus: Wall signs that are set back
from the public street right-of-way over 150 feet can increase the
maximum primary wall signage size by 25%, and increase it an additional
25% for every additional 100 feet of setback, up to a maximum of 200%
of the allowed sign area at 450 feet. The setback shall be measured
from the center point of the building frontage perpendicular to the
center line of the public right-of-way.
(a)
Over 150 linear feet setback: 125% of allowed
sign area, or a maximum of 312.50 square feet, whichever is less.
(b)
Over 250 linear feet setback: 150% of allowed
sign area, or a maximum of 375 square feet, whichever is less.
(c)
Over 350 linear feet setback: 175% of allowed
sign area, or a maximum of 437.50 square feet, whichever is less.
(d)
Over 450 linear feet setback: 200% of allowed
sign area, or a maximum of 500 square feet, whichever is less, [Note:
Under no circumstances shall the primary wall signage exceed 500 square
feet, regardless of wall size or increased setbacks, nor shall any
one wall sign exceed a total of 250 square feet.]
(2)
Filling stations. Filling stations located within
a shopping plaza may have two wall signs or two canopy signs or a
combination of one wall sign and one canopy sign. No individual sign
may exceed 50 square feet, with the total signage not to exceed 100
square feet. In addition, filling stations may have a maximum of two
price signs not to exceed 15 square feet each.
(3)
Directional signs. One directional sign may be erected
per interior access road intersection within a shopping plaza. Each
sign may not exceed 15 square feet in area.
C.
Exception. Where a structure or building has frontage on more than one public or private street, highway or waterway, one sign attached, painted on or applied to the front or face of said structure or building shall be permitted facing each street, highway or waterway frontage, as provided in § 272-6B(2)(a) above.
A.
Permit required. No person or sponsoring organization
which is commercial or otherwise profit-making shall place or cause
to be placed any sign of a temporary nature without first obtaining
a permit as hereinafter provided. Permit fees are waived for all legal
not-for-profit organizations.
B.
Exemptions. Temporary signs advertising an event for less than 10 days are exempt from the permit requirement, provided that the sign shall be removed immediately following the event. Signs temporarily advertising the sale, lease or rental of the premises upon which the sign is located, temporary political posters, and signs denoting the architects, engineers and/or contractors placed on premises where construction, repair or renovation is in progress are also exempt from the permit requirement, as provided in § 272-6 above. Decorative cloth banners designed for long-term use, reviewed by the Community Life Commission and as approved by the Building Department, are exempt from the permit time period. However, should the banner become damaged or severely worn, it must be removed immediately.
[Amended 7-5-2017 by Ord. No.
2017-15]
C.
Time periods. Signs of a temporary nature may be erected
with a permit for a period not exceeding 60 days, provided that the
consent of the property owner or occupant is obtained and that such
signs are not attached to trees, utility poles or the like and that
such signs are not placed in such a position as may obstruct or impair
vision or traffic or in any manner create a nuisance, hazard or disturbance
to the health and welfare of the general public. All such sign permits
must identify the name and address of the sponsoring person or organization
and the name of a person responsible for their removal at the expiration
of the sixty-day period. Such permits may be renewed no more than
once a year for an additional thirty-day period. A temporary sign
will not be re-permitted for more than two consecutive time periods,
regardless of whether or not it remains in the same location.
D.
Exception for B-5, SW-1, SW-2, and SW-3 Zones. In
B-5, SW-1, SW-2, and SW-3 Zones, no temporary signs shall be placed
anywhere on a premises except in a window, and in no case shall the
total combined area of permanent and temporary signs in a window exceed
15% of a window's area.
A.
In all zones except B-5, SW-1, SW-2, and SW-3, no
freestanding sign or sign structure shall be erected or maintained
in such a manner as to project over or above any street, public highway
or waterway, nor shall any such freestanding sign be erected or maintained
in such a manner as to project within 18 inches of a public or private
right-of-way or the inner edge of a public highway, sidewalk or waterway.
Said signs or sign structures shall be set back at least 10 feet from
any public highway or street right-of-way. Side yard and rear yard
setbacks shall be no less than those required for structures or buildings
in the Zoning Ordinance of the City of Ithaca, New York, and for the
zoning district in which the property is located.
B.
In SW-1, SW-2, and SW-3 Zones, freestanding signs
or sign structures must be set back at least 10 feet from any public
right-of-way. No part of a freestanding sign shall project closer
than five feet to any public right-of-way or to any property line
nor closer than 18 inches to any private right-of-way or to the edge
of any access to the premises.
C.
In B-5 Zones, pole signs must be set back at least
10 feet from any public right-of-way. Ground signs in B-5 Zones shall
be set back not less than 15 feet from any public right-of-way or
from the edge of any access drive to the premises. No part of any
freestanding sign shall project closer than five feet to any public
right-of-way or to any property line nor closer than 18 inches to
any private right-of-way or to the edge of any access to the premises.
Side and rear yard setbacks shall be no less than those required for
buildings and structures in the B-5 Zone.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
Except as otherwise herein provided, no person
shall erect any sign, as defined herein, without first obtaining a
permit from the Department of Planning, Building and Development.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
Application for the permit shall be made to the Department of
Planning, Building and Development, in writing, in duplicate, upon
forms prescribed and provided by the Department of Planning, Building
and Development, and shall contain the following information:
A.
The name,
address and telephone number of both the applicant and the owner of
the property on which the sign is to be located.
B.
The location
of the building, structure or land to which or upon which the sign
is to be attached or erected.
C.
A detailed
drawing or blueprints showing a description of the construction details
of the sign and showing the lettering and/or pictorial matter composing
the sign; the position of lighting or other extraneous devices; and
a location plan showing the position of the sign on any building or
land and its position in relation to nearby buildings or structures
and to any private or public street or highway.
D.
Written
consent of the owner of the building, structure or land to which or
on which the sign is to be erected in the event that the applicant
is not the owner thereof.
E.
A copy
of any required or necessary electrical permit issued for said sign
or a copy of the application for such permit.
F.
Such additional
information as the Director of Planning and Development or designee
may reasonably require in order to carry out the intent of this chapter.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
A.
The following fees shall be paid to the City of Ithaca,
New York, upon filing of an application for a sign permit:
|
Sign Area
(square feet)
|
Fee Per Sign
| |
|---|---|---|
|
0 to 50
|
$50
| |
|
51 to 100
|
$100
| |
|
101 to 150
|
$150
| |
|
151 to 200
|
$200
| |
|
201 to 250
|
$250
| |
|
251 to 300
|
$300
| |
|
301 to 350
|
$350
| |
|
351 to 400
|
$400
| |
|
401 to 450
|
$450
| |
|
451 to 500
|
$500
| |
|
Each additional square foot of signage allowed
by variance
|
$500, plus $10 per each additional square foot
|
B.
For the purpose of establishing the fee, the calculated
square-foot area of the sign shall be rounded to the nearest whole
square foot.
A.
Director of Planning and Development or designee to
investigate and issue permit. It shall be the duty of the Director
of Planning and Development or designee, upon the filing of an application
for a permit to erect a sign, to examine such plans, specifications
and other data submitted to him/her with the application and, if necessary,
the building or premises upon which it is proposed to erect the sign
or other advertising structure. If it shall appear that the proposed
sign is in compliance with all the requirements of this chapter and
other laws and ordinances of the City of Ithaca, New York, the Director
of Planning and Development or designee shall then, within 15 days,
issue a permit for the erection of the proposed sign.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
B.
Expiration and renewal. If the sign authorized under
any such permit has not been fully erected within six months from
the date of the issuance of such permit, the permit shall become null
and void.
A.
Erection. No sign, whether new or existing, shall
hereafter be erected or altered except in conformity with the provisions
of this chapter. Alterations shall include any modification to a sign
other than minor corrections to information, i.e. changes in phone
numbers.
B.
Maintenance. Notwithstanding any provisions contained
herein, the sign must be kept clean, in neat order and repair and
free from all hazards, such as but not limited to faulty wiring and
loose fastenings, and must be maintained at all times in such safe
condition so as not to be detrimental to the public health or safety.
C.
Revocation for failure to correct violation. In the
event of a violation of any of the foregoing provisions, the Director
of Planning and Development or his/her designee shall give written
notice, specifying the violation, to the named owner of the sign and
the named owner of the land upon which the sign is erected, sent to
the addresses as stated in the application for the sign permit, to
conform or remove such sign. The sign shall thereupon be conformed
by the owner of the sign and the owner of the land within 60 days
from the date of said notice. In the event that such sign shall not
be so conformed within 60 days, the Director of Planning and Development
or his/her designee shall thereupon revoke the permit, and such sign
shall be removed by the named owner of the sign or the named owner
of the land within 30 days after receipt of notice of permit revocation.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
D.
Removal of signs. Property owners are responsible
for removing signs of businesses that have closed and must remove
signs within 60 days of the tenant vacating the premises.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
If the Director of Planning and Development or his/her designee
shall find that any sign regulated by this chapter is unsafe or insecure
or is a menace to the public, he/she shall give written notice to
the named owner of the sign and the named owner of the land upon which
the sign is erected, who shall remove or repair said sign within 14
days from the date of said notice. If said sign is not removed or
repaired, the Director of Planning and Development or his/her designee
shall revoke the permit issued for such sign, as herein provided,
and may remove or repair said sign and shall assess all costs and
expenses incurred in said removal or repair against the land or building
on which such sign was located. The Director of Planning and Development
or his/her designee may cause any sign which is a source of immediate
peril to person or property or any temporary sign not removed at the
expiration of 30 days to be removed summarily and without notice.
[1]
Editor's Note: This ordinance provided for an effective
date of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
Historic signs in any zoning district shall be exempt from the
requirements to conform, and from other requirements of this chapter,
provided that an approved historic sign permit is obtained in accordance
with the following:
A.
Procedure.
(1)
Requests for retention of signs which are felt to be historic may
be made to the Department of Planning, Building and Development by
the owner of the property on which such sign is located, by the owner's
agent or by any other party with the owner's consent and shall
be made in writing. Each such request shall be accompanied by a statement
outlining the reason for the request, including written or pictorial
information documenting the sign's history, original and current
purpose, colors and other relevant details which may be helpful in
evaluating the request.
(2)
Upon receipt of a completed request form and supporting documentation,
the Director of Planning and Development or designee shall refer the
applicant to the Landmarks Commission for a determination as to whether
the sign is historic. Upon receipt of a determination from the Landmarks
Commission, the Director of Planning and Development or designee shall
determine whether the sign is related directly to uses currently existing
on the premises and, if so, shall proceed as if it were a regular
sign permit application, subject to the following:
(a)
Signs determined by the Landmarks Commission to be historic shall be permitted in addition to conforming signage currently existing on the premises but shall be counted in computing the amount of signage permitted on the premises in the event that additional signs are applied for. Nonconforming, nonhistoric signage on the premises shall be treated as provided in § 272-14 and shall not preclude approval of historic signs.
(b)
Consistent with considerations of safety, such signs shall be
permitted to retain their original size, shape, location, method of
attachment, illumination, projection from building surface and other
characteristics. Modifications thereto for any purpose shall respect
the character and appearance of the original sign, and the reasons
for such modification shall be clearly explained in the application.
(c)
If such sign would be in any respect nonconforming to the provisions
of this chapter, it shall be referred to the Board of Zoning Appeals
for approval.
(3)
Historic signs which are clearly unrelated to existing uses of the
premises and which conform in all other respects to the requirements
of this chapter may be approved without referral to the Board of Zoning
Appeals and shall not be counted against the signage permitted on
the premises so long as they remain functionally unrelated to existing
uses thereon. Historic signs forming an integral part of the original
design or ornament of a building shall not be required to be removed,
conformed or obliterated in order to comply with the terms of this
chapter but shall be reviewed as provided by this section.
B.
Signs on landmark sites. Signs on sites designated as local landmarks
shall be referred to the Landmarks Commission for a determination
and a certificate of appropriateness before approval action by the
Director of Planning and Development or designee or Board of Zoning
Appeals. Signs on sites designated as having state or national historic
significance but not locally designated shall be referred to the Landmarks
Commission for determination as to whether they are historic and shall
be governed by applicable regulations.
C.
Maintenance, repair, alteration and restoration.
(1)
Approved historic signs shall be maintained in accordance with the
provisions of this chapter and other applicable regulations. Approval
of an historic sign permit shall bear with it the responsibility of
the owner of the sign to maintain and rehabilitate the sign to a state
as close to the original condition and appearance as feasible, including
the restoration of exposed neon-type illuminating systems to operation.
Replacement of original visible components with substitutes to retain
the original appearance shall be permitted, provided that such replacements
accurately reproduce the size, shape, color and finish of the original.
(2)
Alterations or repairs to historic signs shall be accomplished using
materials which match original materials as closely as possible and
which, in any case, are compatible with the original. Historic signs
which are severely damaged or deteriorated or which are for other
good reason impractical to rehabilitate or repair in their existing
condition, including signs remaining basically intact in their original
location which have been partly obscured by over-painting or weathering
or which have been covered by subsequent building remodeling, may
be reproduced in a format as closely matching the original as possible
and may be relocated or erected in a position near the original location,
consistent with the other provisions of this chapter and with consideration
of aesthetics. Alterations, reproductions or relocations of historic
signs shall be referred to the Landmarks Commission for approval or
a certificate of appropriateness.
(3)
In the event that a historic sign is not rehabilitated or maintained in accordance with the terms of this subsection within one year of the issuance of a historic sign permit, the Director of Planning and Development or designee shall be authorized to require its maintenance, repair or removal as provided in §§ 272-14 and 272-15.
[1]
Editor's Note: This ordinance provided for an effective
date of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
The Planning and Development Board shall advise the Director
of Planning and Development with reference to desirable and effective
use of signs for the purpose of enhancing and maintaining the natural
beauty and cultural and aesthetic standards of the community. The
Planning and Development Board may advertise, prepare, print and distribute
pamphlets and other media which, in its judgment, will further these
purposes.
[1]
Editor's Note: This ordinance provided for an effective
date of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
Any person aggrieved by any decision of the Director of Planning and Development or designee relative to the provisions of this chapter may appeal such decision to the Board of Zoning Appeals, as provided in Chapter 325, Zoning, of this Code, and shall comply with all procedural requirements prescribed by said Board of Zoning Appeals, including payment of a fee of $100 to defray the cost of the required legal notice and written notice to all property owners within 200 feet of the boundaries of the proposed sign location. However, when any variance, review or appeal relative to the provisions of this chapter is requested, the Board of Zoning Appeals shall not take action until a report is received from the Planning and Development Board. If, however, no report is received within 45 days after referral, then approval by the Planning and Development Board shall be presumed, and the Board of Zoning Appeals shall proceed accordingly. In making any determination or decision with respect to any proposed sign, any city officer or any board having jurisdiction shall be guided by the general purpose of this chapter, as stated in § 272-1 hereof, and shall also consider the following:
A.
Size of sign. The purpose for which the sign is erected
and the distance from which the sign is intended to be or can possibly
be read and the character of adjacent streets shall be taken into
consideration. In all cases, the smallest sign that will suit the
purpose shall be the guide, taking into account the legitimate commercial
or other interests which are intended to be promoted by the sign and
the speed limits and traffic conditions on adjacent streets.
B.
Number of letters. A sign with only a few letters
need not be as large as one with many letters to be seen from the
same distance.
C.
Other signs. The context of existing signs in the
vicinity of the proposed sign shall be taken into consideration.
D.
The character of the neighborhood. The proposed use
shall not be detrimental to the general amenity or neighborhood character
so as to cause a devaluation of neighboring property or material inconvenience
to neighboring inhabitants or material interference with the use and
enjoyment by the inhabitants of the neighboring property.
E.
Public interest. The protection of the public interest
and the desirability of maintaining open spaces, views and vistas
shall be considered insofar as possible. Any person aggrieved by any
decision of the Board of Zoning Appeals may have the decision reviewed
by a Special Term of the Supreme Court in the manner provided by Article
78 of the Civil Practice Law and Rules.
[1]
Editor's Note: This ordinance provided for an effective
date of 1-1-2014.
Failure to comply with any of the provisions of this chapter shall be deemed an offense and shall be punishable as provided in Chapter 1, General Provisions, Art. I, Penalties, of this Code, in addition to penalties for violation of any other regulation or ordinance of the City of Ithaca. Each day such violation continues shall constitute a separate violation.
This chapter is applicable within the City of
Ithaca and shall be construed as an exercise of the powers of such
municipality to regulate, control and restrict the use of buildings,
structures and land for outdoor advertising purposes, displays, signs
and other advertising media in order to promote the health, safety,
morals and general welfare of the municipality and its inhabitants
and of peace and good order, for the benefit of trade and all matters
related thereto.
