[HISTORY: Adopted by the Town Board of the Town of Boston 3-6-74
by L.L. No. 1-1974. Sections 95-5A(3) and 95-18 amended at
time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 123.
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
protect property values, create a more attractive economic and business climate,
enhance and protect the physical appearance of the community, preserve the
scenic and natural beauty of designated areas and provide a more enjoyable
and pleasing community. It is further intended hereby to prevent sign or advertising
distractions and obstructions that may contribute to traffic accidents, reduce
hazards that may be caused by signs overhanging or projecting over public
rights-of-way, provide more open space and curb the deterioration of natural
beauty and community environment.
This chapter shall hereafter be known as the "Sign Law."
As used in this chapter, unless otherwise expressly stated, the following
terms shall have the meanings indicated:
That area as determined by circumscribing the exterior limits of
the mass of each display erected on one sign structure. The structure supporting
the sign is not included in determining the area of the sign unless the structure
is designed in a way to form an integral background for the display. Only
one face of a double-face sign is included in the area of such sign.
That person appointed by the Town Board of the Town of Boston and
charged with the duty of inspecting buildings or of enforcing zoning and other
regulations relating to buildings and property or the governing body of the
municipal corporation.
To build, construct, alter the size or shape of, attach, hang, place,
suspend or affix any sign.
The outer surface of a building abutting or fronting upon any private
or public street or highway.
A sign not attached to any building or structure and whose lowest
portion shall not be more than three feet from grade to the bottom of the
sign and supported by framework resting on the ground of whatever material
constructed. "Ground signs" shall not exceed a maximum height of seven feet
above ground level. Where "ground signs" are located inside a planter, the
height shall be measured from the top of the planting enclosure but shall
not exceed nine feet from ground level.
Any sign illuminated by electricity, gas or other artificial light,
including reflective or phosphorescent light.
Any light, string of lights or group of lights located or arranged
so as to cast illumination on a sign.
A single- or double-pedestal sign not attached to any building or
structure, with a clear area of at least 10 feet in height from the ground
to the bottom of the sign except for the pedestals or pedestal, of which neither
shall exceed nine inches in horizontal dimension. "Pedestal signs" shall not
exceed a maximum of 18 feet from the ground, except that the sign height may
be increased one foot for every additional five feet of the sign area, but
not to exceed in any event a total height of 30 feet. No part of a "pedestal
sign" shall project over public property.
Any person, firm, partnership, association, corporation, company,
institution or organization of any kind.
Any sign which projects from the exterior of any building.
Two or more stores or businesses now existing or hereafter erected
and attached or immediately adjacent to each other and located in a structure
or on premises operated as a single unit, with or without off-street parking.
Any material, 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 window display area, for display of an advertisement, announcement,
notice, directional matter or name, and includes sign frames, billboards,
painted wall signs, hanging signs, pennants, fluttering devices, projecting
signs or ground 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" does not include the flag, pennant or
insignia of any nation, group of nations, state or Town.
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.
A.
Regulations governing illumination of signs.
(1)
Any illuminated sign or lighting device shall employ
only lights emitting a light of constant intensity, and no sign shall be illuminated
by or contain flashing, intermittent, rotating or moving light or lights.
Beacon lights and strobe lights shall not be permitted except as herein provided
in § 95-6B(1).
(2)
An illuminated sign or lighting device shall not be placed
so as to permit the beams and illumination therefrom to be directed or beamed
upon a public street, highway, sidewalk or adjacent premises so as to cause
glare or reflection that may constitute a traffic hazard or nuisance.
(3)
Molded plastic or similar precast signs which are illuminated
from within shall not exceed in light intensity the lumens cast by a series
of high-output tubes with a ballast rating of 800 milliamperes and located
within the sign a minimum of 12 inches apart, and illuminating devices may
be the same length as the interior of the sign.[2]
(4)
All signs containing electrical wiring shall be subject
to the provisions of the National Electric Code and the New York Board of
Fire Underwriters, and the electrical components used shall bear the label
of an approved testing agency.
B.
No signs shall be placed on the roof of any building.
C.
No portable or temporary sign shall be placed on the
front or face of a building or on any premises, except as provided in § 95-6
herein.
D.
No sign or part thereof shall contain or consist of banners,
posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering
or revolving devices except as herein provided in § 95-7B. The said
devices, as well as strings of lights, shall not be used for the purposes
of advertising or attracting attention when not part of a sign.
E.
In the construction or composition of a sign as designated
in this chapter, not more than 25% of the permitted surface area shall be
used to promote a particular product or commodity which is not the primary
function or principal product sold or distributed on the premises.
F.
No signs shall be permitted in any district which advertise
commodities or services other than those available for sale, hire or use on
the premises, including billboards or other ground signs.
G.
This chapter shall in no event be construed or employed
in any manner to prohibit the decoration of the premises during religious,
patriotic or holiday seasons.
A.
The following signs are permitted in any use district
without a permit:
(1)
One sign advertising the sale, lease or rental of the
premises upon which the sign is located, which sign shall not exceed four
square feet in area.
(2)
One professional nameplate for each occupant that shall
not exceed two square feet in area.
(3)
Signs denoting the name and address of the occupants
of the premises, which signs shall not exceed two square feet in area.
(4)
Signs on vehicles of any kind, provided that the sign
is painted or attached directly to the body of the original vehicle.
(5)
Integral signs denoting the names of buildings, dates
of erection, monumental citations, commemorative tablets and the like when
carved into stone, concrete, wood or similar material, or if made of bronze,
aluminum or other permanent-type construction and made an integral part of
the structure.
B.
The following signs are permitted in any use district
but require a permit as provided herein:[1]
(1)
Signs or bulletin boards customarily incident to places
of worship, schools, libraries, museums, social clubs or societies, which
signs or bulletin boards shall not exceed 20 square feet in area of such institutions.
Such signs may be double-faced and may be lighted only by a shielded light
source and shall not be of a type prohibited by § 95-5A.
(2)
Any sign advertising a real estate development or subdivision
permitted in a district zoned R-1, R-2, R-3 or R-C by any zoning regulation
shall not exceed 24 square feet in area, except that the sign area may be
further increased at a rate of one square foot for each additional foot of
setback from the front property line, but not to exceed in any event a total
of 32 square feet in area, and such sign shall advertise only the name of
the owner, the name of the development, telephone numbers and/or the activity
conducted on the premises where each sign is located, provided that:
[Amended 12-31-1990 by L.L. No. 13-1990]
(a)
No more than two signs shall be allowed for each such
subdivision or real estate development conducted on the premises, which signs
shall not be illuminated and in all respects conform to the provisions of
this chapter respecting establishments in business districts.
A.
Temporary or permanent signs resting on or attached to
vehicles are prohibited except as provided in § 95-6A(4) and shall
not be used to circumvent the provisions of this chapter.
B.
The following temporary signs are permitted in any use
district but require a permit as provided herein.[1] All signs of a temporary nature, such as political posters, banners,
promotional devices and other signs of a similar nature, may be granted a
temporary permit for a period not to exceed 30 days, provided that such signs
are not attached to fences, trees, utility poles or the like and further provided
that such signs are not placed in a position that will obstruct or impair
vision or traffic or in any manner create a hazard or disturbance to the health
and welfare of the general public. A fee of $10 shall be paid upon the issuance
of a permit for such sign or group of signs. Upon termination of the campaign
for which said signs, posters, banners or promotional devices were erected,
the same shall be immediately removed from said property.
C.
The following temporary signs are permitted in any use
district without a permit:
(1)
Temporary announcement signs for special events and activities
of nonprofit institutions or organizations shall be permitted, provided that
such signs shall be removed within one week after such event or activity and
further provided that they shall not be displayed for a total time period
of more than four weeks.
(2)
Construction signs displaying the names of the architect,
engineer, principal contractor and other participants engaged in the work
of constructing a building or structure, as well as a sign announcing the
purpose of the building or structure for which a building permit has been
issued and has not expired, are permitted on approval of the Enforcement Officer,
subject to the following conditions:
(a)
Single multilisting sign. A single sign not exceeding
32 square feet in area covering all of the participants named above may be
erected and maintained for the period beginning with the excavation and ending
with the completion of the construction of any building.
(b)
Special purpose building announcement sign. A single
sign announcing the purpose of a building or structure may be erected and
maintained for a period not to exceed one year. Such sign shall:
(3)
Agricultural signs for customary agriculture operations
selling farm produce, a majority of which is grown on the premises, not to
exceed an area of 15 square feet, shall be permitted, provided that such signs
shall not include any illumination and shall be promptly removed by the property
owner when the circumstances leading to their erection no longer apply.
[Amended 12-31-1990 by L.L. No. 13-1990]
In any R-C, C or M District, no signs shall be erected or maintained
except as follows and no more than three signs shall be permitted on any single
premises:
A.
Wall identification signs. A wall identification sign
shall be permitted, provided that such wall sign shall be attached to the
face of the building or applied thereto and shall have an aggregate area not
in excess of 10% of the area of the building wall to which such sign is affixed,
including the area occupied by doors and windows.
B.
Ground signs. A ground sign shall be permitted inside
the property lines which does not exceed 24 square feet in area.
C.
Pedestal signs. A single- or a double-pedestal sign shall
be permitted where the building is set back from the street right-of-way a
distance of 50 feet or more, provided that either sign does not exceed 30
square feet in area, except that the sign area may be further increased at
a rate of one square foot for every three linear feet of business frontage
in excess of 90 feet or one square foot for each additional foot of setback
from the front property line, but not to exceed in any event a total area
of 90 square feet Only one single- or one double-pedestral sign shall be permitted
in each shopping center, subject to all other restrictions relating to single-
or double-pedestal signs.
[Amended 3-7-1990 by L.L. No. 2-1990]
D.
Projecting signs. A projecting sign shall not exceed
20 feet in area and shall not project above the roofline.
E.
Gasoline service station signs. No signs shall be permitted
on gasoline service station premises except as hereinafter provided:
(1)
Pump area. Portable signs may be located in the pump
area, not to exceed one foot on either side of the row of pumps or two feet
from the last pump on each end of the pump row. No signs shall be permitted
to extend more than four feet above the base of the pumps nor exceed 10 square
feet in area. No more than two portable signs shall be allowed on the premises.
(2)
One pedestal sign in a gasoline service station area,
not to exceed 50 square feet in area regardless of setback or linear frontage
of the premises.
(3)
One wall identification sign, not to be more than 8%
of the total area of the building face in square feet of the building in which
such business establishment is located, except that an additional 2% shall
be allowed where the building faces on an additional public street or public
parking area. In such case, the total sign area shall not exceed 10% of the
sum of the applicable building faces in square feet.
F.
Entrance, exit and other control signs. Entrance and
exit identification and other traffic control signs are to be approved by
the Town Board as to location and size.
[Amended 12-31-1990 by L.L. No. 13-1990]
A.
Signs in R-1, R-2, R-3, R-4 and R-A Districts shall have
a minimum setback of five feet from the front property line and 15 feet from
all other property lines.
B.
Signs in R-C, C or M Districts shall have a minimum setback
of five feet from the front property line. The setback from all other property
lines shall be determined by the following regulations:
(1)
For signs having an area of 20 square feet or less of
one surface, the setback shall be at least five feet.
(2)
Signs which exceed 20 square feet in area of one surface
shall not be placed any closer than 20 feet to any property line other than
the front property line.
(3)
Where a business or residential restricted business abuts
a residential area, no sign shall be located less than 15 feet from the side
lot line of the property in the business or residential restricted business
district abutting the residential district.
A.
After the effective date of this chapter and except as
otherwise herein provided, no person shall erect any sign as defined herein
without first obtaining a permit from the Town Clerk.
B.
Application for the permit shall be made in writing,
in duplicate, upon forms prescribed and provided by the Town Clerk, to the
Town Clerk and shall contain the following information:
(1)
Name, address and telephone number of applicant.
(2)
Location of building, structure or land to which or upon
which the sign is to be erected.
(3)
A detailed drawing or blueprint showing a description
of the construction details of the sign and showing the lettering and/or pictorial
matter composing the sign; position of lighting or other extraneous devices;
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.
(4)
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 the applicant
is not the owner thereof.
(5)
A copy of any required or necessary electrical permit
issued for said sign or a copy of the application therefor.
The fees for signs requiring a permit shall be assessed as follows:
A.
Signs or bulletin boards customarily incident to places
of worship, schools, libraries, museums, social clubs or societies: as set
forth in the Schedule of Fees, as adopted by the Town Board of the Town of
Boston.
[Amended 10-4-2000 by L.L. No. 2-2000]
B.
Signs advertising a commercial enterprise, including
real estate developments or subdivisions which are permitted in R-1, R-2,
R-3 or R-4 Districts: as set forth in the Schedule of Fees, as adopted by
the Town Board of the Town of Boston.
[Amended 12-31-1990 by L.L. No. 13-1990; 10-4-2000
by L.L. No. 2-2000]
C.
Temporary political signs, banners, business promotional
devices or other signs of similar nature: as set forth in the Schedule of
Fees, as adopted by the Town Board of the Town of Boston.
[Amended 10-4-2000 by L.L. No. 2-2000]
D.
Temporary announcement signs for special events, temporary
agricultural signs and activities of nonprofit institutions or organizations:
no fee.
E.
Signs in an R-C, C or M District.
[Amended 12-31-1990 by L.L. No. 13-1990; 10-4-2000
by L.L. No. 2-2000]
(1)
Wall identification signs: as set forth in the Schedule
of Fees, as adopted by the Town Board of the Town of Boston.
(2)
Ground signs: as set forth in the Schedule of Fees, as
adopted by the Town Board of the Town of Boston.
(3)
Single- or double-pedestal signs: as set forth in the
Schedule of Fees, as adopted by the Town Board of the Town of Boston.
F.
Entrance, exit or traffic control signs: no fee.*
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* NOTE: Approval of the Town Board shall be required.
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It shall be the duty of the Town Clerk, upon the filing of an application
for a permit to erect a sign, to examine such plans, specifications and other
data submitted to him with the application and, if necessary, to contact the
Enforcement Officer to inspect 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 requirements of this chapter and
other laws and ordinances of the Town of Boston, the Town Clerk shall then,
within 15 days, issue a permit for the erection of the proposed sign. If the
sign authorized under any such permit has not been completed within 12 months
from the date of the issuance of such permit, the permit shall become null
and void, but such permit may be renewed within 30 days from the expiration
thereof, for good cause shown, upon payment of an additional fee of $10. Where
work for which a permit is required by this chapter is started or proceeded
with prior to obtaining a permit therefor, the fee specified in § 95-11
will be doubled, but the payment of such double fee shall not relieve any
person or persons from fully complying with the requirements of this chapter
in the execution of the work nor from the penalties prescribed in this chapter.
Every sign shall bear the permit number imprinted on a sticker issued by the
Town Clerk, prominently and permanently affixed on the face thereof in the
lower right-hand corner. Failure to so affix the permit number shall constitute
cause for revocation of the permit by the Enforcement Officer in addition
to any other penalties or remedies provided in this chapter.
A.
No sign, whether new or existing, shall hereafter be
erected or changed as to size or location except in conformity with the provisions
of this chapter. However, notwithstanding any provisions contained herein,
the sign must be kept clean, neatly painted 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 as not to be detrimental to the public
health or safety.
B.
In the event of a violation of any of the foregoing provisions,
the Enforcement Officer shall give written or personal notice, specifying
the violation, to the owner of the sign and the owner of the land on which
the sign is erected, sent to the addresses stated in the application for the
sign permit, to conform or remove such sign. The sign thereupon shall be conformed
by the owner of the sign and the owner of the land within 30 days from the
date of said notice. In the event such sign shall not be so conformed within
30 days, the Enforcement Officer shall thereupon revoke the permit, and such
sign shall be removed by the named owner of the sign and/or the named owner
of the land.
If the Enforcement Officer shall find that any sign regulated by this
chapter is unsafe or insecure or is a menace to the public, he 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 the said sign within
five days from the date of said notice. If the said sign is not removed or
repaired, the Enforcement Officer 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 repair against the land or building
on which such sign is located. The Enforcement Officer may cause any sign
which is a source of immediate peril to persons or property to be removed
summarily and without notice.
From and after the date this chapter becomes effective, each existing
sign which was lawfully erected or in compliance with previous regulations
and is not in conformity with the provisions of this chapter may be continued
as follows:
A.
A nonconforming sign or signs which advertises a business
conducted or a product sold on the premises or a directional sign now existing
within a radius of two miles of the business premises shall be permitted to
continue for a period of eight years from the date of the enactment of this
chapter, at which time said sign or signs shall be removed from the premises
and said use discontinued.
B.
A nonconforming sign or signs which advertises a business
not conducted or a product not sold on the premises and which is not located
within a radius of two miles of the business location shall be permitted to
continue for a period of three years from the date of the enactment of this
chapter, at which time said sign or signs shall be removed from the premises
and said use discontinued.
C.
Any sign or signs illegally erected or maintained prior
to the enactment of this chapter shall have no nonconforming use rights and
said sign or signs shall be immediately removed.
A.
The Zoning Board of Appeals, subject to such conditions
as it may deem necessary in the public interest and after public notice and
hearing, may vary or modify the application of this chapter as follows:
(1)
When circumstances peculiar to a particular property
differentiate it substantially from adjoining properties, to permit variations
in the strict application of this chapter, provided that any sign or signs
so permitted shall not exceed in the aggregate the area requirements permitted
herein.
(2)
Approve the issue of a special permit or permits for
the erection of not to exceed two additional signs, provided that:
A.
Any person aggrieved by any decision of the Enforcement
Officer relative to the provisions of this chapter, or the Town of Boston,
may appeal such decision to the Zoning Board of Appeals as provided in the
zoning regulations of the Town of Boston and shall comply with all procedural
requirements prescribed by such Zoning Board of Appeals.[1]
B.
Any person aggrieved by any decision of the Board of
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.
Any person committing an offense against the provisions of this chapter
shall be guilty of a violation punishable by a fine of not more than $250
or by imprisonment for a term not exceeding 15 days, or by both such fine
and imprisonment. The continuation of an offense against the provisions of
this chapter shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
This chapter is applicable only to the Town of Boston and shall be construed
as an exercise of powers of such municipality to regulate, control and restrict
the use of buildings, displays, signs and other general advertising media
in order to promote the health, safety, morals and general welfare of the
community, including the protection and preservation of the property of the
municipality and its inhabitants and of peace and good order, for the benefit
of trade and all matters related thereto.
