A.
Purpose. The purpose of this article is to promote and protect the
public health, safety, and welfare by providing comprehensive time,
place, and manner restrictions on signage which shall include controls
on height, quantity, location, spacing, shape, scale, lighting, motion,
design, maintenance, and appearance. Regulations apply to the physical
aspects of the sign, and not the content or message.
(1)
The provisions of this article are intended to ensure that all signs
and advertising features:
(a)
Are functional and compatible with the aesthetic appearance
of the property and/or building on which they are located, the surrounding
neighborhoods, and the long-term vision of the City as outlined in
the Comprehensive Plan;
(b)
Serve to protect and enhance community appearance;
(c)
Protect the safety of motorists, pedestrians, and cyclists by
reducing the frequency and magnitude of hazards caused by obstructions
and distractions;
(d)
Preserve and create more attractive business and residential
environments; and
(e)
Are harmonious in color, size, and material with the building
to which they relate, thereby preserving the existing character of
the community and providing visual continuity across districts.
A.
Purpose. All signs must be constructed in accordance with New York
State Uniform Fire Prevention and Building Code, shall be maintained
in good condition, shall be kept free of defects or hazards and shall
not be allowed to become dilapidated or deteriorated.
(1)
When signs are required as part of the site plan review, the Planning
Board and the Design Review Committee shall consider the compatibility
of the sign's general character in context to its location, color(s),
lettering, size and overall design.
(2)
Except as otherwise provided, no person shall erect, substantially
modify, relocate or substantially reconstruct any sign without first
obtaining a sign permit from the Code Enforcement Office.
(3)
For the purposes of this article, "substantial modification" shall
mean any change in the configuration, orientation, illumination, or
purpose of the sign. Substantial reconstruction shall mean the removal
and replacement of more than 50% of the existing signage surface area
or structural elements.
(4)
No sign permit shall be required for the repainting or repair of
a sign in conformance with this chapter.
(5)
All signs shall be sited so as not to interfere with a clear view
of intersecting streets and shall be located at least 12.5 feet from
any property line.
(6)
No sign shall impair or cause confusion of vehicular or pedestrian
traffic in its design, color or placement.
(7)
Every principal building or structure shall have street identification
numbers subject to § 505 of the Fire Code of New York State.
(8)
The Code Enforcement Officer shall require the proper maintenance
of all signs, and such signs, together with their supports, shall
be kept in good repair. The display surfaces shall be kept neatly
painted at all times. The Code Enforcement Officer may order the removal
of any sign that is not maintained in accordance with the provisions
of this chapter.
(9)
All signs shall be advertising the business on the property.
(10)
No off-premises advertising is permitted.
(11)
Any signage not expressly permitted in this section is prohibited
in the City of Auburn.
(12)
All applicants proposing signs that encroach into the public
right-of-way must provide an indemnity agreement, in a form acceptable
to the City, holding harmless and indemnifying the City, its officers
and employees from and against any and all claims and liability resulting
from encroachment into the public right of way. Applicants must also
provide proof of insurance acceptable to the City and naming the City
as an additional insured on a primary, noncontributory basis.
A.
Sign area calculations for all districts.
(1)
The signable area does not include the sign's supporting frame or
structure, if any, provided that such frame or structure is not designed
to display text or graphics.
(2)
Single-faced. For a sign composed of one sign face, the sign area
shall be determined based on the outer dimensions of the frame surrounding
the sign face, but excluding the sign structure supporting the sign
unless it is part of the communication of the sign or used to differentiate
it. In the case of a freestanding sign that includes blank spaces
with the intention of adding wording in the future, the blank spaces
shall be included in measuring the sign area.
(3)
Individual letters or figures. For a sign composed of individual
letters, logos, or figures, the sign area is measured by that of the
smallest rectangle or other geometric shape that encompasses all the
letters, logos, or symbols, including any open areas within the sign
face or faces individually.
(4)
Double-faced. The area for a sign with more than one face is computed
by adding together the area of all sign faces, except where the two
sign faces are placed back-to-back.
B.
Three-dimensional signs. The sign area of a three-dimensional sign
is calculated as total area of the smallest rectangle, circle, or
square that fully encloses the largest profile of the three-dimensional
sign.
 |
C.
Sign height for all districts. The total height of a ground or bracket
sign is measured from the highest point of the sign or supporting
structure to the top of the adjacent curb, or to the crown of the
road where no curb exists.
D.
Signage lighting.
(1)
Freestanding or ground signs may be illuminated via ground-mounted
fixtures or sign-mounted fixtures.
(2)
External illumination fixtures must be shielded and directed such
that a minimum of light pollution is created.
(3)
Signage accent lighting shall be of a lesser intensity than the illumination
for the sign panel itself.
(4)
Permitted signage lighting fixtures include lanterns, goose-necks,
and shielded, architectural-grade spot lights.
(5)
Illumination of directly/internally illuminated signs shall be of
the diffused lighting type.
E.
Signage materials.
(1)
All signage shall be of professional quality and constructed of robust,
durable, and weather-resistant materials.
(2)
All wood signage components must be sealed and protected from the
elements. Unpainted or unfinished treated and untreated lumber shall
not be permitted.
(3)
Signage materials shall be like or complementary color, character,
type, and quality to those found on the related principal structure.
(4)
Segmental block and/or nonmortared stone is permitted for signage
base materials only if like materials are in use throughout the principal
structure.
(5)
All sign posts and brackets shall be constructed of robust, durable,
and weather-resistant materials.
A.
Purpose. The following regulated permanent signage types are considered
permitted signs in the City of Auburn which contribute to the total
maximum permitted square footage of sign area, unless otherwise noted
in this article.
D.
Canopy sign.
(1)
Canopy signs may not extend outside the canopy.
(2)
Signs are allowed on ground-floor canopies only.
(3)
Canopy signs may be externally illuminated only.
(4)
Canopy signs shall not exceed 1.5 feet in height or the height of
vertical thickness of the canopy, whichever is greater.
(5)
Canopy signs attached below the canopy must have a minimum clearance
of 10 feet.
(6)
The sign area of a canopy sign shall be counted toward the total
allowable wall sign area of the parallel face to which the marquee
is attached.
(7)
Signage area calculation:
 |
E.
Window sign.
(1)
Window signs shall not be considered temporary signage if they are
not intended to be changed or replaced within a calendar year from
date of installation, or text exceeds six inches in height.
(2)
Signs hanging from a ceiling or post that are not affixed to the
glass of the window but within 12 inches of the window shall be considered
as a window sign.
(3)
Signage area calculation:
 |
F.
Projecting/perpendicular sign.
(1)
No portion of a projecting sign may be higher than the top of the
building.
(2)
No portion of a projecting sign may be located higher than the second
floor of the building.
(3)
Any part of a sign extending over pedestrian areas must have a minimum
height clearance of 10 feet.
(4)
The projecting sign may not project more than three feet from the
building line and shall not be nearer than four feet to the curb line
of the street.
(5)
The sign post or bracket is not included in the signage calculation.
(6)
Signage area calculation:
 |
G.
Freestanding bracket sign.
(1)
A freestanding bracket sign may be located only on a site frontage
adjoining a public street.
(2)
The sign post shall have a maximum height of six feet.
(3)
The sign shall be mounted on one or more posts not to exceed a diameter
greater than eight inches.
(4)
The sign post or bracket is not included in the signage calculation.
(5)
Signage area calculation:
 |
H.
Monument sign (single and multitenant).
(1)
One monument sign allowed for each frontage along a primary or secondary
street.
(2)
Must be set back at least 12.5 feet from the front property line
and in no case may interfere with safe vehicle and pedestrian traffic.
(3)
May not be closer than 80 feet from any other monument sign located
on the neighboring lots on the same frontage.
(4)
A monument sign may be used as a multitenant directory sign indicating
the name of the occupants of a building or multiple buildings. Each
business may have no more than one sign within the multitenant monument
sign.
(5)
Signage area calculation:
 |
I.
Sidewalk/a-frame sign.
(1)
A sidewalk sign must be located at least 10 feet from any other sidewalk
sign.
(2)
Sidewalk signs must be placed indoors at the close of each business
day.
(3)
Sidewalks cannot obstruct vehicular or pedestrian traffic and must
comply with ADA clearance and accessibility requirements.
(4)
Sidewalk signs may not be illuminated.
(5)
Signage area calculation:
 |
J.
Subdivision entry or other identification sign.
(1)
One sign identifying the name of a project located at the entrance
to a development that has:
K.
Signs in shopping centers, malls, and plazas.
(1)
Each shopping center or mall may have one double-faced monument sign
no more than the maximum area prescribed by this article on each side,
except that if the sign is single-faced, the area of the sign shall
not exceed than the maximum sign area prescribed by this article.
(2)
Tenants.
(a)
Each tenant of a shopping center or mall shall be allowed a
sign; however, such sign shall not exceed 5% of the portion of the
shopping center leased by the tenant and shall not exceed the maximum
sign area prescribed by this article.
(b)
Tenant signs shall be more than three feet off the ground and
shall not exceed the height of the facade.
(c)
All facade signs shall be of a uniform, harmonious design as
prescribed by this article and shall be affixed to the facade of the
building.
A.
Maximum sign area by district.
(1)
Each property shall be permitted a maximum square footage of sign
area based on the zoning district in which it is located.
(2)
Regulations per district are subject to the maximum square footage as defined below. In no instance, exclusive of a variance granted by the Zoning Board of Appeals per Article VIII, Administration and Enforcement, may a business or organization exceed the maximum square footage as follows:
(a)
R-1 District: six square feet.
(b)
R-2 District: 12 square feet.
(c)
CC District: 100 square feet.
(d)
C District: 60 square feet.
(e)
NC District: 40 square feet.
(f)
HC District: 200 square feet.
(g)
SC District: 40 square feet.
(h)
I District: 200 square feet.
(i)
I-1 District: 200 square feet.
(j)
I-2 District: 200 square feet.
(k)
D District: 100 square feet.
B.
Permitted signage by district. The following signs are permitted
in each district as defined below.
|
R-1
|
R-2
|
CC
|
C
|
NC
|
HC
|
SC
|
I
|
I-1
|
I-2
|
D
| |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Wall sign
|
P*
|
P*
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Awning sign
|
P
|
P
|
P
|
P
|
P
| ||||||
|
Canopy sign
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||
|
Window sign
|
P*
|
P*
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Projecting sign
|
P
|
P
|
P
|
P
|
P
| ||||||
|
Freestanding bracket sign
|
P
|
P
|
P
|
P
|
P
| ||||||
|
Monument sign
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
|
Sidewalk sign
|
P
|
P
| |||||||||
|
Subdivision sign
|
P
|
P
|
P
|
P
|
P
|
P
| |||||
|
Signs in shopping center/mall sign
|
P
| ||||||||||
|
* Window signs are permitted in the R-1 and R-2 Districts
for commercial businesses only including a home occupation, residential
care facility, and family home daycare.
| |||||||||||
C.
Maximum number of signs based on the zoning district in which it
is located. Each district is permitted a maximum number of sign type
per the following regulations. The maximum sign area may be split
among permitted sign types, with a maximum of three signs regardless
of the district.
|
R-1
|
R-2
|
CC
|
C
|
NC
|
HC
|
SC
|
I
|
I-1
|
I-2
|
D
| |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Wall sign
|
1
|
1
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
| |
|
Awning sign
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
| |||
|
Canopy sign
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
|
1 per facade
| |||
|
Window sign
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
| |
|
Projecting sign
|
1 per building
|
1 per building
|
1 per building
|
1 per building
|
1 per building
| ||||||
|
Freestanding bracket sign
|
1 per lot
|
1 per lot
|
1 per lot
|
1 per lot
|
1 per lot
| ||||||
|
Monument sign
|
1 per lot
|
1 per lot
|
1 per lot
|
1 per lot
|
1 per lot
|
1 per lot
|
1 per lot
| ||||
|
Sidewalk sign
|
1 per building
|
1 per building
| |||||||||
|
Subdivision sign
|
1 per sub-division
|
1 per sub-division
|
1 per sub-division
|
1 per sub-division
|
1 per sub-division
|
1 per sub-division
| |||||
|
Signs in shopping center/mall sign
|
1 per shopping center or mall
|
D.
Maximum square footage. Each property shall be permitted a maximum
square footage of total sign area based on the zoning district in
which it is located. The maximum sign area may be split among permitted
sign types, not to exceed the allowed maximum of three signs.
|
R-1
(square feet)
|
R-2
(square feet)
|
CC
|
C
|
NC
|
HC
|
SC
(square feet)
|
I
|
I-1
|
I-2
|
D
| |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Wall sign
|
2
|
2
|
1.5 square feet per 1 foot of building length
|
1.5 square feet per 1 foot of building length
|
1.5 square feet per 1 foot of building length
|
1.5 square feet per 1 foot of building length
|
1.5 square feet per 1 foot of building length
|
1.5 square feet per 1 foot of building length
|
1.5 square feet per 1 foot of building length
|
1.5 square feet per 1 foot of building length
| |
|
Awning sign
|
30% of awning area
|
30% of awning area
|
30% of awning area
|
30% of awning area
|
30% of awning area
|
30% of awning area
|
30% of awning area
|
30% of awning area
| |||
|
Canopy sign
|
30% of canopy area
|
30% of canopy area
|
30% of canopy area
|
30% of canopy area
|
30% of canopy area
|
30% of canopy area
|
30% of canopy area
|
30% of canopy area
| |||
|
Window sign
|
2
|
2
|
30% of window area
|
30% of window area
|
30% of window area
|
30% of window area
|
30% of window area
|
30% of window area
|
30% of window area
|
25% of window area
| |
|
Projecting sign
|
16 square feet
|
16 square feet
|
16 square feet
|
16 square feet
|
6 square feet
| ||||||
|
Freestanding bracket sign
|
6 square feet
|
8 square feet
|
8 square feet
|
20
|
4 square feet
| ||||||
|
Monument sign
|
50 square feet
|
50 square feet
|
80 square feet
|
30
|
100 square feet
|
100 square feet
|
100 square feet
| ||||
|
Sidewalk sign
|
9 square feet
|
9 square feet
| |||||||||
|
Subdivision sign
|
10
|
15
|
15 square feet
|
15 square feet
|
15 square feet
|
15 square feet
| |||||
|
Signs in shopping center/mall sign
|
80 square feet
|
In addition to other standards as set forth in the preceding
sections of this article, permitted signs in the Downtown District
are subject to the following design standards.
|
Permitted Subareas
|
Width
|
Height
|
Depth/ Projection
|
Letter Height
| |
|---|---|---|---|---|---|
|
Awning sign
|
Downtown Mixed-Use Core; Gateways
|
75% of awning width maximum
|
18 inches maximum
|
n/a
|
5 inches minimum; 10 inches maximum
|
|
Wall sign
|
Downtown Mixed-Use Core; Gateways
|
50% of facade width maximum
|
2 feet maximum
|
6 inches maximum
|
18 inches maximum
|
|
Projecting sign
|
Downtown Mixed-Use Core; Gateways
|
4 feet maximum
|
4 feet maximum
|
4 feet maximum
|
8 inches maximum
|
|
Window sign
|
Downtown Mixed-Use Core; Gateways
|
50% of window width maximum
|
Varies
|
n/a
|
8 inches maximum
|
|
Freestanding bracket sign
|
Gateways
|
3 feet maximum (exc. post)
|
2 feet maximum (exc. post); post 6 feet maximum
|
n/a
|
8 inches maximum
|
|
Monument sign
|
Gateways
|
5 feet maximum
|
18 inches maximum
|
18 inches maximum
| |
|
Sidewalk sign
|
Downtown Mixed-Use Core; Gateways
|
24 inches maximum
|
42 inches maximum
|
n/a
|
n/a
|
|
Marquee sign
|
Downtown Mixed-Use Core
|
Entrance width plus 2 feet each side
|
Maximum 50% story height
|
4 feet minimum; 10 feet maximum
|
n/a
|
|
Outdoor display case
|
Downtown Mixed-Use Core; Gateways
|
3.5 feet maximum
|
3.5 feet maximum
|
5 inches maximum
|
n/a
|
A.
Signs permitted in any approved district without a permit. All other signs require a permit, subject to the requirements of Article V, § 305-79, Permitting:
(1)
Flags of any nation, state, municipality, or political subdivision,
flags officially designated as a national, state, or local symbol,
or flags of fraternal, religious, and civic organizations. Flags may
be freestanding or wall-mounted.
(a)
Poles for freestanding flags are limited to the maximum height
of the district or 35 feet, whichever is less.
(b)
Poles for freestanding flags must be setback a minimum of 10
feet from any lot line.
(c)
Wall-mounted flags may not extend over the public right-of-way.
(d)
There is no limit on the number of such flags per lot.
(e)
External illumination of flags is permitted but must be focused
on the flagpole and flag.
(2)
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.
(3)
Nonilluminated warning, private drive, posted or no trespassing signs,
not exceeding two square feet per face.
(4)
Number and name plates identifying residences, mounted on house,
apartment or mailbox, not exceeding one square foot in area.
(5)
Lawn signs identifying residences, not exceeding one square foot
per face. Such signs are to be nonilluminated except by a light which
is an integral part of a lamppost if used as a support, with no advertising
message thereon.
(6)
Integral graphics or attached price signs on gasoline pumps at automotive
service stations.
(7)
Seasonal and holiday decorations, including lighting, are exempt
from the provisions of this chapter and may be displayed in any district
without a permit.
(8)
Decals, logos, emblems, or price signs that identify the name of
a business, under 64 square inches.
(9)
Signs incidental to places of worship, libraries, museums, schools,
private clubs or societies, and other public or semipublic uses which
shall not exceed 16 square feet in area, and shall be located on the
premises of such institution provided that signs are located not closer
than 10 feet to any property line. One sign permitted per lot.
(10)
One home occupation sign shall be permitted for an approved
home occupation, wherever such uses are permitted. Such sign shall
be no larger than two square feet and shall not be closer than 10
feet from any property line, and, if a freestanding bracket sign,
shall not exceed six feet in height above the natural grade which
the sign is located. Home occupation signs in the R-1 and R-2 District
are only permitted one wall sign or one window sign not to exceed
20% of the window area.
(11)
Murals or similar designs, images, or expressions on the exterior
of a building, generally for the purpose of decoration or artistic
expression, including, but not limited to, paintings, markings, and
etchings, and does not include any on or off-site advertisement for
a commercial, industrial, or other nonmunicipal entity, person, or
corporation.
(12)
Light pole banners on private property are allowed as follows:
(a)
Light pole banners are permitted for light poles in private
parking lots and must be mounted so that they are held taut between
support posts.
(b)
Light pole banners are limited to a maximum area of six square
feet per banner.
(c)
Light pole banners must be mounted to project perpendicular
from light poles.
(d)
Light pole banners must not be used as a temporary off-premises
sign.
(13)
Directional signs.
(a)
Directional signs used to identify circulation paths and provide
operational information are permitted for any parking lot, whether
a principal or ancillary use.
(b)
Directional signs are permitted for each entrance/exit, driveway
intersection, drive-through lane, and other circulation points.
(c)
Directional signs are limited to eight square feet in area.
(d)
Directional signs may be internally or externally illuminated.
(e)
Directional signs that provide information on the operation
of a parking lot, such as "Unauthorized Users May Be Towed," are permitted
as needed for any parking lot, whether a principal or accessory use.
(f)
Directional freestanding signs are limited to four square feet
in area and must be five feet from any lot line that abuts a street.
B.
Temporary signs. Temporary signs, which shall not exceed six square
feet in area unless otherwise stated in this section, provided that
such sign is erected or displayed not less than five feet from the
property line.
(1)
One sign is permitted per lot, except that on a corner lot two signs,
one facing each street, shall be permitted. Such signs shall not be
posted more than two weeks prior to the event and no longer than three
days after the event.
(2)
In addition to temporary signs, signs authorized below are permitted
within the City of Auburn, and are authorized only under the circumstances
and limitations described.
(a)
Special events.
[1]
A temporary banner or portable sign promoting a special event
at a commercial establishment may be erected for a period not to exceed
14 days.
[2]
The size of the banner shall not exceed six square feet.
[4]
Such signs must be located on or adjacent to the commercial
establishment's property, must not interfere with normal pedestrian
traffic and must be kept in an attractive and safe condition.
[5]
Directional signs are not permitted.
(b)
Residential events.
[1]
For residences, signs announcing special events, garage or rummage
sales, auctions or birthdays may be displayed on the premises not
more than two times a year for each of the types of events described
above.
[2]
For each particular event, one sign not to exceed six square
feet on either side may be displayed on the premises for a period
not to exceed seven days.
[3]
In addition, up to a maximum of two directional signs may be
displayed during the hours of the event.
[4]
All such signs must be kept in an attractive and safe condition.
[5]
No sign is authorized on City property or in the public right-of-way.
(c)
Banners for charitable events.
[1]
A charitable, service, educational, religious or not-for-profit
organization may erect a street banner announcing a coming event.
[2]
The banner may be placed for a period not to exceed 14 days.
[3]
The banner must be made of canvas or other material of equal
or better durability and must be kept in an attractive and safe condition.
[4]
The banner may not exceed 15 square feet, and may not include
advertisements for commercial products or services.
[5]
The banner must be removed no later than three business days
after the event terminates.
(d)
Realty sales or rental property.
[1]
When a property is for sale or rent, one sign per realtor announcing
the sale or rental is permitted at that residence, except in the case
of corner lots where one sign per street frontage will be allowed.
[2]
The sign may not exceed nine square feet on either side.
[3]
In the case of all realty sales or rental signs, signs must
be kept in an attractive and safe condition and must be removed within
three days of completion of transaction.
[4]
No sign is authorized on City property or in the public right-of-way,
and no directional signs are authorized.
(e)
Contractors' signs.
[1]
One temporary sign per contractor performing services may be
displayed on the premises where such services are being performed
and only during the performance of such services.
[2]
The sign shall not exceed nine square feet on either side and
shall be removed within two days of completion or cessation of the
work.
[3]
The sign must be kept in an attractive and safe condition and
may not be placed on City property or on the public right-of-way.
(f)
Political posters.
[1]
There shall be no limit on the number of political signs per
lot.
[2]
Political signs may be placed up to the right-of-way line, but
shall not be placed in public rights-of-way or on public land for
any reason.
[3]
Political signs may not be placed more than 45 days before Election
Day and must be taken down five days after Election Day.
The City of Auburn finds that noncommercial murals that are
located on private nonresidential property and are visible to the
public directly affect the public health, safety, and welfare of the
City.
A.
Purpose and intent.
(1)
To encourage the installation of murals on private property as a
vital part of Auburn's urban landscape.
(2)
To ascertain that private property murals do not create unsafe distractions
to drivers and jeopardize public safety.
(3)
To ascertain that murals on private property are not commercial.
(4)
To maintain for the City's residents, workers and visitors an aesthetically
attractive environment and to advance the aesthetic and cultural interests
of the City.
(5)
To preserve the value of property located adjacent to the property
where a private property mural is erected.
(6)
To effectively balance legitimate efforts of property owners to display
murals with the public safety needs and aesthetic interests of the
City.
(7)
To protect free speech rights provided by the Constitution of the
State of New York and the United States Constitution.
(8)
To inform and answer questions of the residents and business located
in the neighborhood where a private property mural may be installed
with the goal of developing neighborhood pride regarding the mural.
(9)
To encourage artistic expression.
B.
Applicability. A mural that has been approved as set forth in this article shall not be considered a sign that is subject to the limitations set forth in Article V, Sign Regulations.
C.
Guidelines for murals.
(1)
A mural may be installed on private, nonresidential property only after the issuance of a permit in accord with this article. The requirements of this article shall not apply to residential property as defined in Article II, Definitions.
(3)
Where a proposed mural has mixed commercial and noncommercial messages, the mural shall be deemed commercial, the application (as defined in § 305-77D, Permit application, below) shall be denied, and the limitations of Article V, Sign Regulations, shall apply to the entire display and not just to the portion that contains a commercial message.
(4)
The name of the artist creating the permitted mural and the name
of a sponsor may be displayed on an adjacent plaque or similar display
that is no more than eight inches in height and eight (18) inches
in length provided that such plaque or adjacent display is made a
part of the mural application.
D.
Permit application.
(1)
Before a mural may be installed, an application for mural installation
(the "application") shall be submitted to the City of Auburn's Code
Enforcement Officer.
(2)
The application form shall require that the following information:
(a)
The property address and parcel identification number where
the proposed mural will be located;
(b)
A site plan setting forth in detail where the mural is to be
located on the property, its overall dimensions, the materials to
be used and the location of any plaque identifying the artist and/or
the sponsor;
(c)
The artist's statement describing the proposed mural;
(d)
A photograph or detailed reasonably accurate graphic of the
proposed mural;
(e)
A notarized statement signed by all property owners of record
that they:
(f)
The resume of the proposed mural's artist and, if attribution
is to be made on the permitted plaque, the text of such attribution;
and
(g)
The name of any sponsor of the mural if the sponsor is to be
identified on the permitted plaque.
(3)
The Code Enforcement Officer shall forward a copy of a completed
application to the Design Review Committee for consideration of two
certifications.
(a)
Noncommercial message verification. The Design Review Committee
shall determine whether the proposed mural is commercial speech or
contains a commercial message as defined in this article.
[1]
A finding that the proposed mural is not commercial speech and
does not contain a commercial message shall be certified by the Design
Review Committee.
[2]
The display of the name of the artist or the sponsor on the
plaque permitted by this article shall not cause the mural to be deemed
commercial speech.
[3]
The determination that a display contains commercial speech
shall result in denial of the application.
[4]
A final decision by the Design Review Committee that the proposed
mural is commercial speech or contains a commercial message shall
be transmitted to the applicant within 14 days of the Design Review
Committee's decision.
[5]
Where an applicant disagrees with the final decision of the
Design Review Committee that the proposed mural is commercial speech
or contains a commercial message, and does not wish to amend the application
or obtain a sign permit, the applicant may appeal the determination
within 30 days of the date that the final decision is transmitted
to the applicant in writing.
(b)
Traffic hazard determination. The Design Review Committee shall
determine whether the proposed mural may result in a distraction or
hazard to drivers.
[1]
Within 30 days of the receipt of an application, the Design
Review Committee shall make a determination of whether the proposed
mural is a traffic hazard or will create an undue and dangerous distraction
to motorists.
[2]
The Design Review Committee shall provide written comments and
a recommendation for approval or denial to the Code Enforcement Officer
within 10 days of review of their review meeting.
[3]
Where an applicant disagrees with the final decision of the
Code Enforcement Officer that the proposed mural creates a traffic
hazard or an undue and dangerous distraction to motorists and does
not wish to amend the application, the applicant may appeal the administrative
determination by filing an appeal of the administrative decision within
30 days of the date that the final decision is transmitted to the
applicant in writing, or by invoking another appropriate remedy in
a court of competent jurisdiction.
(4)
The Design Review Committee shall provide written comments and a
recommendation for approval or denial of the mural installation permit
to the Code Enforcement Officer within 10 days of the meeting in which
the review of the complete mural installation application occurs.
(5)
If recommended for approval by the Design Review Committee, the Code
Enforcement Officer may issue the permit for mural installation.
(6)
If not recommended by the Design Review Committee, no permit shall
be issued until requested modifications are made to the application
and resubmitted or the applicant moves forward with a sign permit
application.
A.
Maintenance.
(1)
The painted parts of signs and any supports of the sign, unless such
parts are galvanized or otherwise treated to prevent rust, must be
painted at least once every three years.
(2)
Any sign found to be broken, damaged, or unsafe upon inspection by
the Code Enforcement Officer must be repaired or made secure by the
applicant, sign owner, or property owner. The Code Enforcement Officer
will give notice by registered or certified mail, return receipt requested,
to any of the above-named persons to repair or remove the unsafe sign
within five days of receipt of said notice. If the sign is not repaired,
made secure, or removed within 30 days, or within any additional time
specified, the Code Enforcement Officer will revoke the sign permit
and remove the sign.
(3)
If a sign is found to be a source of imminent peril to persons or
property, the Code Enforcement Officer will remove the sign or otherwise
secure the sign without notice to the applicant, sign owner, or property
owner.
B.
Enforcement.
(1)
Whenever the Code Enforcement Officer determines that there has been
a violation of this article, written notice will be served upon the
applicant, sign owner, or property owner by registered or certified
mail, return receipt requested, at the person's last known address.
The notice will specify the alleged violation, provide a reasonable
time frame within which the violation is to be corrected, state what
legal remedies will be imposed upon failure to correct the violation,
and inform the individuals of their right to appeal to the Zoning
Board of Appeals. The notice of violation will automatically become
a final order if the violation is not corrected within the time allowed
or if an application for appeal is not submitted to the Code Enforcement
Officer within seven days from receipt of the notice.
(2)
If at any time the Code Enforcement Officer determines a sign is
in disrepair, the owner/tenant of the property shall repair or remove
said sign within 15 days of notice to the owner/tenant by the Code
Enforcement Officer. Failure to do so shall result in removal by the
Code Enforcement Office. The cost of this removal shall be charged
to the owner of the property.
A.
General procedures. In cases where a single sign permit is required
for any given property or structure, the following procedure shall
be adhered to:
(1)
No sign shall be erected, enlarged, expended, altered, or relocated
unless a sign permit evidencing the compliance of such work with the
provisions of this chapter and other applicable provisions of this
chapter shall have first been issued.
(2)
Routine maintenance, changing of parts designed to be changed or
changing the content of a sign in any manner which does not change
the functional classification of the sign shall not, standing alone,
be considered an alteration of the sign requiring the issuance of
a sign permit.
(3)
Sign permit application. An application for a sign permit shall be
made in writing to the Code Enforcement Officer upon forms prescribed
by and provided by the Code Enforcement Office, and shall contain
the following information:
(a)
The name, address and telephone number of the applicant.
(b)
Location of buildings, structures or land to which, or upon
which, the sign is to be attached or associated.
(c)
A detailed drawing or blueprint showing a description of the
construction details of the sign and showing the colors, lettering
and/or pictorial matter composing the sign; position of lighting and
other extraneous devices, and a location plan showing the position
of the sign on any building or land and its positioning in relation
to nearby buildings, structures or existing signs and to any private
or public streets or highway.
(d)
Written consent of the owner of the building, structure or land
to which or upon 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 thereof.
(4)
Review of permit. The Code Enforcement Officer shall carefully consider
the application for compliance with this article and either issue
or deny a sign permit. The Code Enforcement Officer may defer the
authority to approve or deny a sign permit to the Planning Board at
his/her discretion.
(5)
Appeals. Should an applicant choose to appeal a decision by the Code
Enforcement Officer to deny issuance of a sign permit, an application
for an appeal shall be filled out and submitted along with supporting
documents to the Zoning Board of Appeals for action.
B.
Sign site plan approval. In cases where a single property or structure
requires more than one sign permit, a sign site plan will be required.
All applications for sign site plan approval are to be submitted to
the Code Enforcement Officer on forms provided. The Code Enforcement
Officer shall process all complete applications in accordance with
the following procedures:
(1)
All sign site plan approval applications to be heard by the Code
Enforcement Officer are hereby classified as "unlisted actions," under
Part 617 of the State Environmental Quality Review (SEQR) regulations.
All applications for sign site plan approval must be accompanied by
a completed short form environmental assessment form for unlisted
actions.
(2)
Upon receipt of a complete application, the Code Enforcement Officer,
within 60 days, must approve, modify or deny any application for a
sign site plan. Any modification or denial of a sign site plan shall
be accompanied by a brief statement of the reason for such modification
or denial.
(3)
The Code Enforcement Officer may modify a sign site plan application,
provided that such modification does not result in the need for any
variances from these regulations. All sign site plan modifications
must directly relate to the statements of purpose and intent set forth
in this chapter.
(4)
The Code Enforcement Officer may defer the authority to approve or
deny a sign site plan to the Planning Board at its discretion.
(5)
Once an application has been approved, the Code Enforcement Officer
shall issue a sign permit. Said permit shall be valid for a period
of 120 days from the date of issuance. The permit may be extended
one time, for a period of 60 days, upon approval of the Code Enforcement
Officer and upon payment of an additional fee, prior to the expiration
of the initial one-hundred-twenty-day period. If a certificate of
compliance is not issued within the one-hundred-twenty-day period,
or if applicable, the renewal period for the sign permit, said sign
permit shall expire.
(6)
Within seven business days after the placement of the approved sign,
the Code Enforcement Officer shall verify the sign is installed correctly
and to the specifications approved. Upon presentation of the evidence
of erection of the sign in compliance with this chapter and a sign
permit, the Code Enforcement Officer shall issue a certificate of
compliance.
(7)
Should the Code Enforcement Officer, upon inspection, find the sign
not in compliance with the sign permit, the applicant shall be so
notified by certified mail within 10 business days of the inspection.
The applicant shall have up to 30 business days from the date of the
receipt of the certified mail notification letter to correct the cited
deficiencies and to notify the Code Enforcement Officer of said change(s).
In no event shall said additional thirty-day period extend the validation
period for the sign permit.
(8)
The Code Enforcement Officer or other designated local official shall
issue a permit number for each sign, which shall be kept on file in
the Code Enforcement Office.
C.
Fees. The fees to be paid to the City of Auburn for the erection
of each sign and for each of the conforming signs erected shall be
consistent with the City of Auburn Consolidated Fee Schedule.
Any sign existing on or after the effective date of this chapter
which no longer advertises an existing business conducted or product
sold on the premises upon which the sign is located shall be removed
within 30 days of the discontinuance of the business.
A.
Any signage not expressly permitted in this chapter is prohibited
in the City of Auburn.
B.
Prohibited signs are as follows:
(1)
Banners, ribbons, streamers, spinners, balloons, or other similar
moving, fluttering, revolving, flashing, smoke-generating or visual
signal generating or animated devices that contain a message or content
used for the purpose of advertising.
(2)
Any sign that advertises an activity, business, product, or service
no longer conducted or available on the premises on which the sign
is located.
(3)
Digital or electronic signs which display constantly moving or flashing
content.
(4)
Roof signs which are designed and erected on and supported by the
roof of the building or structure.
(6)
Signs that constitute a traffic hazard including those that:
(a)
Interfere with, obstruct the view of, or may be confused with
any authorized traffic sign, signal, or device because of its position,
shape, or color, including signs illuminated in red, green, or amber
color to resemble a traffic signal.
(b)
Make use of the words STOP, LOOK, DETOUR, DANGER, CAUTION, WARNING,
or any other word, phrase, symbol, or character in a manner that misleads,
interferes with, or confuses traffic.
C.
Billboards, except as expressly permitted as follows:
(1)
Cap and replace. No new billboards shall be established within the
City except through the cap and replace regulations. One new digital
billboard face can be placed in the HC Highway Commercial Zoning District
if the advertising company removes four existing billboard faces from
any other zoning District.
(3)
General regulations. The Code Enforcement Officer shall not issue
such a permit unless the billboard conforms to the following:
(a)
Maximum size shall be 25 feet by 12 feet and 300 square feet.
(b)
Maximum height shall be 25 feet.
(c)
Minimum setback shall be equal to the height of the billboard,
but no less than 12.5 feet, from all property lines.
(d)
A billboard may not be established within 300 feet of another
billboard.
(e)
Minimum duration of message shall be no less than eight seconds.
(f)
Transition time of the message shall be instantaneous.
(g)
Maximum brightness shall be 5,000 cd/m2 (daytime), and 280 cd/m2
(nighttime)
D.
Notices, placards, bills, posters, cards, stickers, banners, signs,
advertisings, or other devices designed to attract the attention of
the public that are posted or otherwise affixed upon any street, street
furniture, right-of-way, public sidewalk, crosswalk, curb, lamppost,
hydrant, tree, alley, telephone pole, public telephone, or lighting
system, or other public alarm or communication system.
A.
Upon the adoption of this chapter, any legally existing sign or advertising
device which does not conform to the provisions of this chapter in
terms of location, area, illumination, type, or height shall be considered
a nonconforming sign. In addition, no nonconforming sign may be relocated,
enlarged, replaced, redesigned, or altered in any way that increases
its nonconformity.
B.
Upon the adoption of this chapter, all nonconforming signs, except
those granted a variance, shall cease and desist at the time when
there is any one or more of the following:
(1)
A change in ownership of the home or business to which the sign applies;
such change must involve a change in the actual persons owning the
home or business, rather than a mere change in their corporate status.
(2)
A change in use.
(3)
Destruction, damage, or disrepair of said sign to the extent that
51% of its replacement cost must be expended in its repair.
(4)
Creation of a hazard or disturbance to the health, safety and welfare
of the general public as determined by the Code Enforcement Officer.
(5)
Nonconforming signs must be properly maintained, but may not be changed
to another nonconforming sign, either due to a change in text, cosmetically,
or structurally. Any change in the advertising copy to legal, nonconforming
billboard signs would not be subject to this subsection.
(6)
Nonconforming signs may not be structurally or electrically expanded
or altered unless such alteration brings the sign into conformance
with the provisions of this section.
(7)
Nonconforming signs may not be relocated to another site on the same
property.
(8)
Nonconforming signs may not be reestablished after discontinuance
for 30 consecutive days.
A.
Nonconforming signs shall be removed or converted to a permitted
sign within three years of official notification of a nonconforming
status by the Code Enforcement Officer. Any legally existing billboard
sign in existence as of the effective date of this chapter will be
deemed a legal, nonconforming sign not subject to amortization.
B.
Such notice must be recorded with the City Clerk and mailed to the
property owner. If the property owner fails to alter or remove the
structure to comply with the regulations set forth in this section
within 10 days following the final date of the amortization period,
such sign may be removed or altered by the City at the expense of
the owner or sign applicant.
A.
Any sign located on property unoccupied for a period of 60 days or
more shall be deemed abandoned.
B.
Failure to remove an abandoned sign shall result in removal by the
Code Enforcement Office. The cost of this removal, plus the cost for
inspection of the premises, shall be charged to the owner of the property.
The City Assessor shall assess this amount upon the real property.
Said total amount shall constitute a lien and charge on the real property
on which it is levied until paid or otherwise satisfied or discharged.
The amount shall be collected by the City Treasurer in the manner
provided by law for the collection of taxes or delinquent taxes.
