[Added 12-20-2001 by L.L. No. 6-2001]
The purpose of this article is to add to the
Zoning Law of the Town of New Paltz uniform provisions applicable
to the location, construction, design and placement of signs within
the Town of New Paltz and the zoning districts thereof and to provide
a reasonable period for replacement of nonconforming signs.
This article shall be known and may be cited
as the "Sign Zoning Law of the Town of New Paltz, New York."
This article is enacted pursuant to the Municipal
Home Rule Law and to the Town Law to promote and protect public health,
safety, comfort, convenience, economy, Town aesthetics and the general
welfare of the New Paltz community and for the following additional
purposes:
A.
Protect and enhance the unique visual qualities of
New Paltz;
B.
Conform to the guidelines and intent of the Comprehensive
Master Plan of the Town;
C.
Encourage the installation of appropriate signs that
harmonize with the buildings, neighborhood, and other signs in the
area;
D.
Eliminate excessive and unsightly competition for
visual attention through signs;
E.
Safeguard the general public by elimination of signs
which may distract a motorist and/or contribute to the hazards of
driving;
F.
Create a more attractive economic and business climate;
G.
Preserve citizens' rights to a customary means of
earning a living;
H.
Protect property values;
I.
Maintain a standard of quality of all signs;
J.
Protect free speech and expression as guaranteed by
both federal and state constitutions;
K.
Provide a method for the implementation of this article
reasonably related to the foregoing purposes and to the objectives
sought to be promoted by the community consistent with its comprehensive
plan.
A.
Except where specifically defined herein, all words
used in this section shall carry their customary meanings. Words used
in the present tense include the future and the plural includes singular.
The word "shall" is intended to be mandatory.
B.
ACCESSORY SIGN
A-FRAME, EASEL SIGN or SANDWICH BOARD
AWNING or CANOPIES
AWNING SIGN
BANNERS and ADVERTISING FLAGS
BARBER POLE
BENCH SIGN
BILLBOARD
BULLETIN BOARD
BUSINESS SIGN
CONSTRUCTION SIGN
CORNER LOT
DIRECTIONAL SIGN
DIRECTORY SIGN
FLAG
FREESTANDING SIGN
GROUND
HIGHWAY DIRECTIONAL SIGN
HISTORICAL MARKERS
INFLATABLE SIGN
INFORMATIONAL KIOSK
INTERIOR SIGN
LADDER SIGN
LIGHTED SIGN
(1)
(2)
(3)
(4)
(5)
MARQUEE
MONUMENT SIGN
MURAL
NAMEPLATE
OFF-PREMISES SIGN
PERSON
POLE SIGN
POLITICAL SIGNS, ADVOCACY
POLITICAL SIGNS, CAMPAIGN
PORTABLE SIGN
POST-AND-ARM SIGN
POSTER
PREMISES SIGN
PRIMARY SIGN
PROJECTING SIGN
PUBLIC WAY
RAIL TRAIL KIOSK
REAL ESTATE SIGN
REPRESENTATIONAL SIGN
REVERSE CHANNEL SIGNS
ROOF SIGN
SALE SIGN
SECONDARY SIGN
SETBACK
SIGN
SIGN AREA
(1)
(2)
(3)
(4)
STREET NUMBERS
SUBDIVISION SIGN
TEMPORARY SIGN
WALL SIGN
VENDING MACHINES
ZONE
The following terms used in this article shall have
the meanings indicated:
A sign located on premises which provides traffic flow information,
such as "In," "Enter," "Out," "Exit," "Parking in Rear," "Crosswalk,"
"Watch for Pedestrians," etc.
A double-faced sign, with the two faces connected at the
top and spaced at the bottom, so as to form the shape of the letter
"A," and therefore being self-supporting on a flat surface; or a single-faced
sign similarly self-supporting.
A roof-like covering consisting of any pliable material attached
to a metal or other frame and supported entirely from a building or
other structure and projecting over a sidewalk, entrance, or other
traveled way.
Any visual message on an awning.
A piece of cloth, plastic or similar pliable material attached at one or more points to a pole, staff or other support. Banners and advertising flags are permitted only as temporary signs. (See § 140-105.)
Any circular, rectangular or polygonal upright column, either
with or without a rotating core, customarily used for advertising
a barbershop.
Any sign painted on or otherwise attached to a bench or other
seat meant to be seen by the public.
A large off-premises advertising sign specifically designed
with large height, width, and letters for visibility over a long distance.
A structure used specifically for the displaying of listings
of services or articles for sale, and posters for future events.
A sign which directs attention to a permitted business or
profession conducted on the premises, including permitted home occupations.
A nonilluminated sign denoting the architect, engineer and/or
contractor when placed on work under construction, provided that such
sign not exceed 16 square feet in area.
Commercial establishments and residences which have building
faces fronting on two or more streets.
A sign located within the premises (e.g., parking lot or
building lobby) providing direction to businesses within the premises.
A listing of multiple business enterprises at the same location
for identification purposes on a common matrix or support.
[Amended 12-3-2009 by L.L. No. 7-2009]
Flexible or pliable material supported by any means and bearing
the emblem or insignia of any government, religious, professional,
education, charitable. or fraternal organization.
A sign not attached to or part of any building or screening
surface but permanently affixed, by any other means, to the ground,
including pole, post and arm, ladder and monument signs.
Natural earth, soil or pavement surface at the sign location.
An on-premises or off-premises sign located adjacent or in
proximity to a street, road or highway and which provides directional
information to a particular destination distant from the location
of such sign.
[Added 8-21-2008 by L.L. No. 2-2008]
Emblems, tablets, plaques, memorial signs or statues when
cut into masonry surface or constructed of bronze, stainless steel,
or other similar permanent material installed by governmental agencies,
religious, or nonprofit organizations.
A sign that is supported by any type of inflation and is
either attached to a permanent structure, freestanding or tethered.
A sign or group of signs for public, charitable, service
or religious organizations and institutions and which bears no commercial
advertising.
[Amended 12-3-2009 by L.L. No. 7-2009]
Any advertising sign displayed, affixed or painted on or
within any window, show window, or window screen and visible from
the building exterior.
A freestanding sign with two vertical supports and with not
more than three horizontal crosspieces serving as individual signs
for identification.
Any sign designed to give forth or to reflect artificial
light.
EXTERNALLY ILLUMINATEDA sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
FLASHINGAn illuminated sign on which the artificial lighting is not maintained stationary or constant in intensity and color at all times while in use.
ILLUMINATEDA sign designed to give forth any artificial light or designed to reflect such light and on which the external lighting is an integral part of the sign, such as bulbs forming letters or logos.
INTERNAL RADIATIONA sign which is illuminated as a result of electrification or radioactivity of a gaseous material or substance, such as neon.
INTERNAL ILLUMINATEDA sign illuminated by use of an artificial light which is located within the sign structure and which depends for its illumination on transparent or translucent material.
Any hood or awning of permanent construction. securely affixed
to a building or any projection from the wall of a building.
A freestanding sign either with a base affixed to the ground
or mounted on short poles that are no greater than two feet in height.
A picture, design or decorative treatment painted on or otherwise
affixed to and covering a portion of a wall surface, and shall include
sculpture and sculptural treatments of solid elements.
A business or professional sign not exceeding one square
foot on an area identifying a professional tenant of the site. Each
sign shall be affixed to the building exterior wall or door.
Any sign advertising a business not located on the same lot.
[Added 3-24-2005 by L.L. No. 1-2005]
Shall include an individual corporation, society, association,
partnership, trust or other entity, public or private.
A freestanding sign with a base of the actual sign area at
least five feet above ground and supported by a single vertical pole.
A sign placed on private property which expresses an opinion
on an issue of public interest.
A temporary sign placed on private property which concerns
candidates or issues before the voters.
A sign, whether on its own trailer, wheel or otherwise, designed
to be movable and not permanently affixed to the ground, a building,
structure or another sign.
A freestanding sign comprised of a vertical post to which
a perpendicular arm is attached and from which the sign hangs.
Temporary and nonpermanent signs covering such dated activities
as political and sporting events, entertainments and elections.
A sign denoting the name and address of the residents of
the premises.
Principal sign which identifies the business or service to
the passerby and communicates the most pertinent information.
A sign attached to the building wall or structure that projects
horizontally or at a right angle more than 12 inches from the face
of the wall over the traveled way.
Any street, avenue, route, and/or thoroughfare, and including
any private, business or commercial way which provides ingress or
egress if accessible for public use.
A sign or group of signs for Rail Trail information and which
bears no commercial advertising.
[Added 12-3-2009 by L.L. No. 7-2009]
A sign advertising the sale, lease or rental of the premises
on which the sign is located, limited to 16 square feet in area.
Any three-dimensional sign which is built so as to physically
represent the object advertised.
A sign having individual letters and graphics constructed
of a metal face and returns (sides), a clear plastic backing, an internal
channel for neon glass and mounted one to two inches from the wall.
[Added 3-24-2005 by L.L. No. 1-2005]
A sign erected on a roof and extending in height up to or
above the peak of the roofline of the building on which the sign is
erected.
A nonilluminated residential "garage sale," "yard sale,"
"barn sale," "tag sale," or similarly descriptive sign located fully
upon the residential property on which the sale is being conducted.
A sign which communicates accessory information other than
the most pertinent information appearing on the primary sign, e.g.,
types of products or services, etc.
Distance of the nearest point of a sign from any property
line.
Any letter, figure, character, mark, point, design, pictorial,
picture, poster, stroke, stripe, line, trademark, reading matter,
illuminating device or reflecting device which shall be so constructed,
placed, attached, erected, fastened, or manufactured in any manner
whatsoever, that the same shall be used for the attraction of the
public to any place, object, person, firm, corporation, public performance,
article, machine, merchandise, or other purpose whatsoever, out-of-doors
or in any window, show window, or window screen visible from the outside.
The area of a sign measured as follows:
When any sign is framed or outlined, all of
the area of the frame or outline shall be included;
Sign measurement shall be based upon the entire
area of the sign with a single continuous perimeter enclosing the
extreme limits of the actual sign surface, not including structural
supports if they are not used for advertising purposes, or, in the
case of irregularly shaped signs, such irregularly shaped signs may
be measured by the sum of two or more adjacent square or rectangular
perimeter measurements, whichever of the above areas is less;
[Amended 12-3-2009 by L.L. No. 7-2009]
Measurement of signs with two faces shall be
taken as the area of either face, provided that the faces are either
back to back or are attached at least on one side and the angle of
the attachment does not exceed 30º. Where faces are not back
to back, or are attached at an angle exceeding 30º, each face
shall be measured individually and the cumulative amount shall be
used to determine gross area.
The street number shall be required to be top center and separate
and distinct from the text of the sign; when this criteria is followed,
the street number shall not be included in the measurement of the
sign area.
[Added 12-3-2009 by L.L. No. 7-2009]
A sign providing the 911 identifying number of the property,
either residential or commercial, and clearly visible from the road.
A sign located at the entrance to a subdivision identifying
the neighborhood or community by name.
Any sign that is displayed only for a specified period of
time and is not permanently mounted.
A sign that is painted on or attached directly to the outside
wall of a building or structural screening, with the face of the sign
parallel to the wall and having a visible edge or border extending
not more than 12 inches from the wall. The term "wall sign" shall
include any sign erected on a roof and extending a height to a point
below the peak of the roof line of the building on which the sign
is erected.
When vending machines (e.g., soda) are placed outside or
placed inside windows so that faces are visible from the nearest sidewalk
or street, the face of the machine shall be considered in the total
allowable signage for the business.
Shall refer to the appropriate residential, light industrial
or business zoning district.
A.
General regulations. Except as otherwise provided
herein, no sign or other advertising device shall be erected, constructed,
displayed. moved, reconstructed, extended, enlarged or altered nor
shall any person cause any sign or other advertising device to be
erected, constructed, displayed or maintained within the Town of New
Paltz, except in conformity with these regulations and, where applicable,
without first having obtained a permit from the Building Inspector.
B.
Application and fees.
(1)
A written application shall be submitted to the Code
Enforcement Officer or Building Inspector on a sign permit form prescribed
by the Town.
(2)
A plan drawing shall be included with the application
showing the location of the building, structure, or land upon which
the sign now exists or is to be erected.
(3)
An elevation drawing shall be included with the application
providing a full description of the placement and appearance of the
proposed sign showing:
(a)
Sign construction details, including materials;
(b)
Sign dimensions;
(c)
Sign colors;
(d)
Lettering and other matter on the sign;
(e)
Method of illuminations, if any, and the position
of lighting or other extraneous devices, and a copy of the wiring
diagram(s) for the electrical connections;
(f)
Required setback distance.
[Added 12-3-2009 by L.L. No. 7-2009]
(4)
Written consent from the land owner or authorized
representative if not the applicant.
(5)
Payment of the fee for the issuance of the sign permit,
together with a nonrefundable application and review fee, as established
from time to time by resolution of the Town Board.
C.
Issuance of a permit.
(1)
Process. It shall be the duty of the Code Enforcement
Officer or Building Inspector, upon receipt of a properly completed
application for a sign permit and fee, to examine such plans, specifications,
locations and other data submitted and shall:
(a)
Refer all applications for new signs, and all
applications for replacement, repair or other modification of any
existing sign which will result in a change in size, location, type,
or lighting to the Planning Board for review; or
(b)
If the submitted application is for a modification
to an existing sign which is in compliance with all requirements of
this article and the Code of the Town of New Paltz and does not constitute
a change in size, location, type, or lighting, the Building Inspector
shall, within 10 days, issue a permit for the proposed changes.
(2)
Condition. All sign permits shall carry the condition
that the permitted sign shall be maintained in a safe, orderly condition
and in good repair at all times. The Building Inspector may add such
other conditions as may be necessary for the public safety and welfare.
[Amended 12-3-2009 by L.L. No. 7-2009]
(3)
Disapproval. In the event that plans submitted do
not meet requirements of local laws and ordinances, the Building Inspector/Code
Enforcement Officer shall then notify the applicant, in writing, of
the reason for refusal to issue a permit.
[Amended 12-3-2009 by L.L. No. 7-2009]
(4)
Time limit. If the authorized sign is not erected
within six months of the date the sign permit is granted, the permit
shall become null and void and a new application must be submitted.
(5)
Violation. If, subsequent to inspection by the Code
Enforcement Officer/Building Inspector, a sign is found in violation
of the conditions specified in the sign permit, the owner shall be
notified to bring the sign into compliance with specified conditions.
Failure to comply within 30 days shall be cause for revocation of
the permit and removal of the sign within 10 days after written notification
from the Code Enforcement Officer/Building Inspector, and upon failure
to comply with such notice within the time specified in such order,
the Building Inspector/Code Enforcement Officer is hereby authorized
to cause removal of such sign, and any expense incident thereto shall
be paid by the owner of the building or structure to which such sign
is attached or, if the sign is not attached to a building or structure,
by the owner of the land on which the sign is located. If such expense
is not paid within 30 days of the date that a demand for payment is
mailed to such owner at the address listed on the most recent tax
roll of the Town of New Paltz, such expense shall become a lien upon
the property and may be collected in the same manner as a property
tax.
[Amended 12-3-2009 by L.L. No. 7-2009]
[Added 12-6-2007 by L.L. No. 5-2007]
A.
Notwithstanding the provisions contained in § 140-99C(1)(a) of this chapter, regarding sign application review by the Planning Board, the Planning Board, upon recommendation of the Building Inspector, is authorized to waive sign permit review and the Building Inspector is authorized to issue a permit for the sign for which the application is being made, provided:
(1)
That the applicant has demonstrated that the
proposed sign for which the application is being made will replace
an existing sign owned or maintained by the applicant; and
(2)
That the applicant has demonstrated that the
proposed sign for which the application is being made will be installed
at the same general location of the sign to be replaced; and
(3)
That the applicant has demonstrated that the
proposed sign for which the application is being made conforms in
all respects to the design objectives and applicable requirements
of this article, including height, area and type of illumination.
B.
As part of any referral to the Planning Board of an
application for sign review and approval required under this chapter,
the Building Inspector may include as part of such referral a recommendation
to the Planning Board, upon forms prepared by the Building Inspector
for such purpose, that sign review and approval should be waived,
setting forth reasons in support of such recommendation.
C.
Following receipt by the Planning Board of the submission
of any application made to it by the Building Inspector, the Planning
Board shall find and determine that sign review and approval is required
pursuant to the provisions of this chapter or, in the alternative,
may find and determine that the provisions of this section have been
met and that further review by the Planning Board is not required.
D.
Under circumstances where the Building Inspector has
delivered to the Planning Board a recommendation that sign review
and approval should be waived and such recommendation has been received
by the Planning Board at least three days prior to the conduct of
its next regularly scheduled meeting (exclusive of the date of delivery),
the Planning Board shall make its findings and determination at such
regularly scheduled meeting and shall cause written notice of such
determination, signed by the Chairperson or authorized representative
of such Board, to be delivered to the Building Inspector within the
three days next following the date upon which such determination is
made.
E.
In the event that the Planning Board, under circumstances
where there has been delivered to it a recommendation by the Building
Inspector to waive review and approval of the application submitted
within the time periods set forth above, fails to determine whether
or not further review by the Planning Board is required or, having
made a determination, fails to provide to the Building Inspector timely
notice of such determination, the Planning Board shall be deemed to
have waived sign application review and approval as authorized pursuant
to this chapter, and the Building Inspector/Code Enforcement Officer
shall be entitled to take and to complete such procedures as are required
for the proper disposition of the application.
[Amended 12-3-2009 by L.L. No. 7-2009]
F.
In the event that the Planning Board, notwithstanding
that there has been delivered to it a recommendation by the Building
Inspector to waive review and approval of the application submitted,
determines that sign application review and approval is required pursuant
to the provisions of this chapter, the Building Inspector/Code Enforcement
Officer shall not issue a permit for the sign requested until such
time as the Planning Board shall have approved the application in
accordance with the provisions of this chapter.
[Amended 12-3-2009 by L.L. No. 7-2009]
A permit shall not be required for the following
exempt signs. Such exceptions, however, shall not be construed as
relieving the owner of the sign from the responsibilities for conformance
with all other applicable provisions of these regulations.
A.
Nameplates, with a maximum of four each per building
site. Each nameplate up to four shall be one square foot each. Five
or more nameplates shall be limited to an aggregate of four square
feet.
B.
Street number signs, except that the area of any business,
commercial and industrial number sign shall not be included in aggregate
permitted sign area.
C.
Premises signs, in residential zones only.
D.
Construction signs.
E.
Real estate signs.
F.
Traffic or municipal signs, legal notices and temporary
emergency nonadvertising signs as may be authorized by the Town Board
of the Town of New Paltz.
G.
Temporary nonilluminated window advertising signs
which occupy no more than 20% of the total window area of the principal
facade of the establishment and are displayed for no longer than two
weeks.
H.
Political signs, campaign, are temporary by definition,
and may be displayed on private property in any district without a
permit for a period not to exceed four consecutive weeks.
I.
Political signs, advocacy, or other noncommercial
signs which express opinions are protected by the First Amendment
of the United States Constitution and may be displayed on private
property in any district without a permit.
J.
Historical markers.
K.
Sale signs.
L.
Accessory signs.
M.
Posters.
N.
Winter holiday decorations, including lighting, are
exempt from the provisions of this article and may be displayed in
any district without a permit for a period from three days before
Thanksgiving until the first week of the following year.
O.
Decorations, including lighting, for other holidays
are exempted from the provisions of this article and may be displayed
in any district without a permit for a period of two weeks prior to
and one week after the holiday.
P.
Not more than two exterior-mounted wall signs having
a total combined area not exceeding 3.5 square feet, owned by and
used to display the name and emblem of a nonprofit civic, fraternal,
benevolent, service, philanthropic or similar membership club, association
or organization, may be affixed to the exterior of the usual and customary
meeting place of such club, association or organization.
[Added 6-15-2006 by L.L. No. 4-2006]
Q.
Temporary
freestanding signs within a shopping center, provided that they comply
with the following:
[Added 12-3-2009 by L.L. No. 7-2009]
(1)
No
sign shall exceed eight square feet; and
(2)
No
sign shall obstruct the walkway or curb cuts, nor shall any sign be
located within any parking area or traveled way; and
(3)
Each
sign shall be consistent with temporary sign standards adopted by
the landowner and filed with the Town Building Department.
R.
Permanent
window signs not to exceed 20% of the window area of the principal
facade.
[Added 12-3-2009 by L.L. No. 7-2009]
S.
Rail
Trail kiosks at the intersection of the Rail Trail with any state,
county or Town roadway.
[Added 12-3-2009 by L.L. No. 7-2009]
T.
Temporary
seasonal farm stand: All farms located within the Town of New Paltz
or within 1/4 mile of any Town boundary may display up to two off-premises
signs, not greater than 24 square feet each, during the harvest season(s).
A written letter of permission from the landowner must be filed with
the Town of New Paltz Building Department.
[Added 12-3-2009 by L.L. No. 7-2009]
All signs not specifically permitted are prohibited
unless allowed and approved by local law, variance, special use permit,
or other modification to the Zoning Law of the Town of New Paltz,
or by a superseding governmental agency. Prohibited signs include
but are not limited to:
A.
Billboards.
B.
Bench signs.
C.
Roof signs.
D.
Flashing signs or lights.
E.
Posters fastened, painted or otherwise attached to
utility poles, posts, trees, sidewalks, curbs, retaining walls, rocks
or other public property.
F.
Signs which have any visible moving parts, including
signs which achieve movement by action of wind currents.
G.
Signs which, by reason of size, location, content,
coloring, or manner of illumination, obstruct the vision of the drivers
or obstruct or detract from the visibility or effectiveness of any
traffic sign or control device on public streets and roads.
H.
Signs which make use of words such as "stop," "look,"
"one-way," "danger," "yield," or similar words, phrases, symbols,
lights or characters in such manner as to interfere with, mislead,
or confuse vehicular or pedestrian traffic.
I.
Signs on public property or a public right-of-way,
other than signs erected by a governmental agency. unless specifically
authorized by the Town of New Paltz.
J.
Signs displayed on an automobile, truck, or other
motorized vehicle when that vehicle is used primarily for the purpose
of such advertising display.
K.
Signs obstructing any fire escape, means of ingress
and/or egress, other required exit way or window.
L.
Signs obstructing any opening required for ventilation,
venting or other access which may constitute a hazard to public health
and safety.
M.
Exterior directory signs listing business occupants of any building. (See Master Sign Plan in § 140-112.)
N.
Inflatable signs.
O.
Internally illuminated signs, except those with opaque
background, semi-transparent letters and the average level of illumination
measured at three inches from the vertical surface not exceeding three
footcandles and utilizing LED fixtures.
[Amended 12-3-2009 by L.L. No. 7-2009]
P.
A-frame, easel, or sandwich board, except as allowed in § 140-100Q.
[Amended 12-3-2009 by L.L. No. 7-2009]
Q.
Off-premises signs, except signs of nonprofit associations
or organizations that display information regarding community or performance
events and highway directional signs as defined in this chapter.
[Added 3-24-2005 by L.L. No. 1-2005;
amended 6-15-2006 by L.L. No. 4-2006; 8-21-2008 by L.L. No. 2-2008]
A.
Special permits may be granted by the Planning Board
of the Town of New Paltz for the installation of bulletin boards,
informational kiosks and murals. The Building Inspector shall forward
any applications for a special use permit with preliminary recommendations
to the Planning Board. The Planning Board may disapprove the application
upon a finding that approval would be detrimental to the desirability,
property values, safety, or harmonious development of the municipality.
B.
Bulletin boards shall be limited to one and only one
for each shopping center within the Town containing three or more
businesses, except that one may also be installed at the Town Hall.
Boards shall be cleared by the applicant at least once per month to
minimize clutter and to enhance communication.
C.
Information kiosks shall be limited to NY State routes
which provide entrance into New Paltz and shall not exceed two for
Route 299, two for Route 32 and one Route 208.
[Amended 12-3-2009 by L.L. No. 7-2009]
D.
Murals painted in conjunction with signage shall not
be considered as signs for the purposes of these regulations 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.
In reviewing sign applications, the Building
Inspector or Planning Board shall determine that the sign will meet
the following criteria:
A.
Signs shall be a subordinate part of the streetscape;
B.
Whenever feasible, multiple signs shall be combined
into one to avoid clutter;
C.
Signs shall be as close to the ground as possible,
consistent with legibility considerations;
D.
Sign design shall be consistent with the architectural
character of the building on which it is placed and not cover any
significant architectural features on the building;
E.
The illumination from any sign shall not cause any
reflection or glare upon a public street, highway, sidewalk or adjacent
property;
F.
Light lettering on dark background which enhances
legibility is preferred for all signs;
All signs and other advertising structures,
together with all supports, braces, hooks, guys and anchors, and exposed
lighting sources, shall be of substantial and sturdy construction,
shall be kept in good repair, and shall be painted or cleaned as often
as necessary to maintain a clean, neat, safe and orderly appearance.
Within 15 days of notice of default, the property owner or tenant
shall take steps to correct same.
A.
All signs of a temporary nature must receive permits
before being displayed except those designated as specified under
exempt signs.[1] Temporary signs shall be permitted for a period not exceeding
two weeks prior to the activity or event, nor exceeding one week after
the activity or event, for a total maximum of five weeks. Commercial
establishments shall be limited to one temporary sign permit for four
events per calendar year, limited to 16 days per event. The permit
shall note the date of the first day the sign may be displayed and
the date it must be removed.
[Amended 6-15-2006 by L.L. No. 4-2006; 12-3-2009 by L.L. No.
7-2009]
B.
Temporary noncommercial signs of nonprofit associations
and organizations which display information regarding community or
performance events shall be permitted for a period not exceeding two
weeks prior to the activity or event or exceeding two days after the
activity or event. Written permission of the landowner is required
for all off-premises signs.
[Amended 12-3-2009 by L.L. No. 7-2009]
C.
The Building Inspector/Code Enforcement Officer shall ensure that temporary sign size and location shall be compatible with the general guidelines set in § 140-97.
[Amended 12-3-2009 by L.L. No. 7-2009]
D.
Removal of temporary signs. If the sign is not removed
upon expiration of the permit, the Code Enforcement Officer shall
issue an order to remedy. Then, if the sign is not removed within
seven days, an appearance ticket shall be issued.
[Amended 12-3-2009 by L.L. No. 7-2009]
A.
Any lawful sign existing on the date of adoption of
this article shall be permitted to remain for a period of 24 months
following the date of such adoption. At the expiration of such twenty-four-month
period, all signs shall comply with the requirements of this article.
B.
No lawfully preexisting, nonconforming sign shall
be moved, enlarged, replaced and/or altered unless it is brought into
compliance with the requirements of this article within 24 months
next following the effective date of this article.
A.
Any nonconforming sign currently or hereafter existing
which no longer advertises a bona fide business conducted or product
available to purchase by the public on the premises shall be taken
down by the owner, agent or person having beneficial use of the building
or structure upon which the sign may be found within 10 days after
notice of violation from the Code Enforcement Officer to the property
owner. Upon failure to comply within 10 days, the Building Inspector
is hereby authorized to cause removal of such sign, and any expense
incident thereto shall be paid by the owner of the building or structure
in which the sign is attached. The owner who refuses to pay removal
costs will not be issued another permit for a sign on this building
or property nor will the tenant or lessee be issued a permit for a
sign on this building or property until such time as all costs, including
enforcement, administration, and legal expenses are reimbursed to
the Town. Upon nonpayment, Town costs shall be recovered through the
property owner's tax bill.
B.
Any conforming sign which no longer advertises a bona
fide business conducted or product available to purchase by the public
on the premises shall be allowed to remain to enhance resale or rental
of the premises upon which the sign is located.
[Amended 6-15-2006 by L.L. No. 4-2006]
No sign or other device for advertising purposes of any kind may be erected or established in any residential district except as provided under § 140-111B, Home occupations, and as follows:
A.
Each private residence may display one projecting,
freestanding or wall sign having an aggregate total face area of not
more than two square feet.
[Amended 6-23-2005 by L.L. No. 4-2005]
B.
Each dwelling unit in a condominium, townhouse, or
apartment building may display one wall nameplate or professional
sign having an aggregate total face area of not more than 1 1/2 square
feet.
[Amended 6-23-2005 by L.L. No. 4-2005]
C.
Each apartment building may display one freestanding
or one wall sign having an aggregate total face area of not more than
four square feet.
[Amended 6-23-2005 by L.L. No. 4-2005]
D.
One subdivision identification sign (meaning a graphic
to identify the entrance to a particular subdivision recognized by
a given name) is permitted at its entrance, may be double-faced, and
is not to exceed an aggregate total face area of 12 square feet. If
a subdivision has access from more than one location, identification
signs will be permitted at each entrance, unless both entrances are
within vision, and are to have suitable landscaping at each sign.
[Amended 6-23-2005 by L.L. No. 4-2005]
E.
Street numbers used on any mailbox shall be two-inch
numbers. Where there is no mailbox, numbers shall be a minimum of
three inches and shall additionally conform with any other applicable
requirements of the Code of the Town of New Paltz and 911 regulations.
F.
Churches, schools, cultural facilities and lawfully
existing business establishments may each display one monument-type
sign with a maximum sign area of 12 square feet and a maximum height
of six feet from the ground.
[Amended 12-3-2009 by L.L. No. 7-2009]
G.
Each lawful preexisting, nonconforming business establishment
located in a residential district may display one sign advertising
that business. Such sign shall be either a monument-style sign having
a maximum of 12 square feet of sign area or a post-and-arm style sign
having a maximum of 12 square feet of sign area and maximum height
of six feet.
[Added 3-24-2005 by L.L. No. 1-2005]
H.
No internally
illuminated sign shall be allowed in a residential district.
[Added 12-3-2009 by L.L. No. 7-2009]
[Amended 12-3-2009 by L.L. No. 7-2009; 10-3-2019 by L.L. No. 7-2019]
Each business establishment shall be permitted two signs. No
establishment may have two of any single freestanding type of sign
(e.g., two pole signs are not allowed; two wall signs are allowed).
Individual business signs shall incorporate the street number(s) at
the top center. The following signs are permitted unless otherwise
indicated in the design guidelines for the district:
A.
Wall signs (with or without border) up to one square foot per two
linear feet of building structure frontage or a maximum of 32 square
feet, whichever is less.
B.
Freestanding signs only for establishments that are set back from
the property line by 25 feet or more:
(1)
Monument signs up to 30 square feet in sign area, with a maximum
of five feet from the ground (including the base) to the top of the
sign. The sign must be set back 10 feet or more from the property
line.
(2)
Ladder signs up to 18 square feet in sign area, with a maximum of
12 feet from the ground (including the base) to the top of the sign.
The sign must be set back 10 feet or more from the property line.
(3)
Post-and-arm signs up to 12 square feet in sign area, with a maximum
height of eight feet from the ground to the top of the sign. The sign
must be set back 10 feet or more from the property line.
(4)
Pole signs up to 14 square feet in sign area, with a maximum
height of 12 feet from the ground to the top of the sign. The sign
must be set back 10 feet or more from the property line.
(5)
Freestanding signs must be a minimum of three feet from any
sidewalk.
C.
Projecting signs up to eight square feet in sign area: maximum projection
of four feet from the building face; minimum clearance from the ground
eight feet; and maximum clearance 10 feet from the ground.
D.
Permanent window signs with an aggregate total square footage not
to exceed 20% of the total window area of the principal facade, with
lettering up to eight inches in height.
E.
Awning signs projecting at least five feet onto the sidewalk but
no more than seven feet; lettering up to six inches in height and
on the valance only. The extent of the lettering may cover a maximum
of eight feet or 50% of the valance width, whichever is less.
[Amended 12-3-2009 by L.L. No. 7-2009]
Each establishment shall be permitted two signs. No establishment
may have two of any single freestanding type of sign (e.g., two pole
signs are not allowed; two wall signs are allowed). The following
signs are permitted:
A.
Wall signs (with or without border) up to one square foot per two
linear feet of building frontage or 64 square feet, whichever is less.
B.
Freestanding signs only for establishments that are set back from
the property line by 45 feet or more:
(1)
Monument or ladder signs with a maximum area of 40 square feet in
the sign area with a maximum height of six feet from the ground (including
the base) to the top of the sign. The sign must be set back 10 feet
or more from the property line.
(2)
Post-and-arm signs up to 24 square feet in sign area, with a maximum
height of 12 feet from the ground to the top of the sign. The sign
must be set back 10 feet or more from the property line.
(3)
Pole signs or ladder signs as large as 24 square feet in sign area,
with a maximum height of 12 feet from the ground to the top of the
sign. The sign must be set back 15 feet or more from the property
line.
C.
Projecting signs up to 16 square feet in sign area; maximum projection
of six feet from the building face; minimum clearance from the ground
eight feet; and maximum clearance 12 feet.
D.
Permanent window signs with an aggregate total square footage not
to exceed 20% of the total window area of the principal facade; lettering
up to 12 inches high.
E.
Awning signs projecting at least five feet onto the sidewalk but
no more than seven feet; lettering up to 10 inches in height and on
the valance only. The extent of the lettering may cover a maximum
of eight feet or 50% of the valance width, whichever is more.
[Amended 3-24-2005 by L.L. No. 1-2005; 12-3-2009 by L.L. No.
7-2009]
A.
Property numbers.
(1)
Property numbers should be displayed on the building, or in front
of it, in a prominent and conspicuous place and in such manner as
to be legible from the street.
(2)
All numbers should be at least four inches in height with a minimum
one-half-inch stroke and be located approximately four feet above
the ground;
(3)
The colors of said numbers should be in sharp contrast to the color
of the background.
(4)
When practical, the numbers should be placed near a light so that
they may be readily seen at night. If the numbers are not illuminated,
they should be reflective.
(5)
The street number must be visible from both directions.
(6)
If the property is more than 75 feet from the roadway, the number
should be displayed on a post or mailbox, no farther than 25 feet
from the edge of the street, and on the same side of the street as
the house.
(7)
In the event that more than one building has access from a single
driveway, the numbers must be displayed at each location at which
the driveway access diverges, in addition to being displayed on the
building.
B.
Home occupation. In any district where home occupations are permitted,
each home occupation may display, in addition to the aforementioned
residential sign, one projecting, freestanding, or wall sign having
an aggregate total face area of not more than two square feet (one
foot high by two feet wide), provided that a projecting sign shall
not project more than three feet from the principal building on the
lot.
C.
General rules by sign type.
(1)
Wall signs. The visible edge or border of a wall sign may extend
up to 12 inches from the face of the wall and may not extend beyond
the walls of the building. The placement of all wall signs must be
above the display window and the cornice in a single-story building
or between the shop window and the second-story window sill in a multistory
building.
(2)
Window signs. Permanent window signs must be painted on or attached
directly and permanently to the window.
(3)
Freestanding signs. No freestanding pole sign may be located less
than 50 feet from any other pole sign.
(4)
Projecting signs. Projecting signs may not extend above the height
of the eave line of the roof.
(5)
Directional signs. The Building Inspector/Code Enforcement Officer
may issue sign permits for the erection of on-site directional signs,
provided that the individual signs are no more than two square feet
and are limited to generic text such as "entrance" and "exit." Permits
will be granted only if the applicant can clearly demonstrate necessity
based on motorist safety and that any such on-site directional sign
will be set back from any public right-of-way or property line and
not block any view of oncoming traffic.
(6)
Freestanding signs. Where the undisturbed ground elevation of a proposed
sign location is lower than the adjoining road, street, or highway,
a freestanding sign may be constructed so that the height of the sign
is no greater than the allowed height, as measured from the elevation
of the adjoining road, street, or highway.
D.
Illumination.
(1)
Only white lights may be used to illuminate a sign, except in the
case of neon which is permitted only for window signs.
(2)
Exposed lighting sources such as bulbs, tubes, and the like are prohibited.
All ground level, external sources of illumination must be hidden
from view by landscaping or improvements.
(3)
No exterior signs on any building premises shall be illuminated after
12:00 midnight, except in those places of business which shall remain
open after midnight, and they shall be extinguished at the time of
closing of such business.
E.
Lettering. The lettering on any sign may not exceed 60% of the sign
area of any one side of the sign.
F.
Landscaping.
(1)
The Planning Board and/or Building Inspector/Code Enforcement Officer
shall require that landscaping be used at the base of a freestanding
sign to make the sign compatible with the surrounding area.
(2)
Neither the Planning Board nor the Building Inspector/Code Enforcement
Officer shall approve a sign permit if landscaping is insufficient
for such purpose.
[Amended 3-24-2005 by L.L. No. 1-2005; 2-16-2006 by L.L. No.
1-2006; 12-3-2009 by L.L. No. 7-2009]
Where seven or more business establishments comprise an office
building, shopping center or business center, the following sign criteria
shall apply:
A.
Common sign. One common freestanding monument sign identifying the
name and address of the shopping center, business center or office
building, plus not more than six additional descriptive words, is
permitted. Appropriate height and size shall be determined by the
Planning Board based upon site conditions and size of lot; provided,
however, that such common sign shall not exceed 12 feet in height,
nor shall its area exceed 80 square feet.
B.
Business signs. Freestanding signs may not be displayed by individual establishments located within the center. The types of signs displayed by each individual establishment shall adhere to a master sign plan. Each establishment may display up to two signs, except for temporary signs allowed in accordance with §§ 140-100 and 140-105.
C.
Requirement. A master sign plan is required of establishments that
share a zoning lot or parcel or are part of a shopping or business
center or office. The plan is a sign system to create visual unity
among the signs within the plan area and ensure compatibility with
surrounding establishments, landscaping and structures. It shall include
specifications to which all signs within the plan shall conform, including
but not limited to the following: sign type, style, height, colors,
lettering or graphic style, materials, shape, lighting, and location
on the establishment. In creating the master sign plan the Planning
Board may approve additional business or directional signage as it
deems necessary in order to facilitate the safe and efficient identification
of and access to the businesses within the center or building.
D.
Process. Before any individual sign permits for the plan area are approved, the master sign plan must be reviewed and approved by the Planning Board and the Building Inspector/Code Enforcement Officer. Changes in individual signs, in conformance with the approved master sign plan, shall be permitted by the Building Inspector/Code Enforcement Officer through application. Nonconforming signs in the plan area that exist prior to the date upon which this article shall take effect shall be deemed nonconforming signs and shall be subject to the provisions for nonconforming signs contained in § 140-106 of this article.
E.
Shopping centers constructed prior to the adoption of this subsection
and shown on an approved site plan, having a central parking area
with buildings around its perimeter, shall adhere to the following
size requirements for wall signs:
(1)
For each storefront shown on an approved site plan measuring up to
100 linear feet: one square foot per linear foot, with a maximum area
of 80 square feet.
(2)
For each storefront shown on an approved site plan measuring greater
than 100 linear feet: 6/10 square foot per linear foot, with a maximum
area of 120 square feet.
(3)
In addition, each establishment may have one business identification
sign of four square feet placed at or in the vicinity of the store
entrance with the business name. The intention of this provision is
to ensure a clear demarcation of each entrance. This sign shall hang
from a common overhang perpendicular to the store face in a manner
that is consistent with safety standards. A consistent color scheme
shall be used for all.
F.
The Planning Board may approve the use of reverse channel signs as
part of a master sign plan for shopping centers.
G.
Shopping centers and professional buildings constructed prior to
the adoption of this subsection and shown on an approved site plan,
having a central parking area with buildings around its perimeter
and set back from the street greater than 60 feet, shall be allowed
one freestanding monument directory sign in lieu of the common sign.
Such directory sign shall be the minimum size necessary to allow for
seven-inch letters, with a maximum of 80 square feet in area, with
a maximum height of 10 feet, and set back to be determined consistent
with safety standards. Lighting, architectural and structural elements
of a directory sign may be permitted by the Planning Board and shall
not be included in the sign area and height measurements. Directory
signs must use one common background color.
[Amended 12-3-2009 by L.L. No. 7-2009; 10-3-2019 by L.L. No. 7-2019]
Schedule of sign specifications.
| |||
---|---|---|---|
(Two per establishment; no two signs of the same type, except
that two wall signs are allowed)
| |||
Sign Type
|
B-2 Highway Business
|
Any Industrial
|
Gateway Districts
|
Wall
| |||
Whichever is less:
| |||
Linear frontage formula; or
|
1 square foot per 2 linear feet up to 32 square feet
|
1 square foot per 2 linear feet
|
1 square foot per 2 linear feet up to 32 square feet
|
Maximum sign area
|
32 square feet
|
64 square feet
|
32 square feet
|
Freestanding
| |||
Permitted only if establishment is set back from
property line at least
|
25 feet
|
45 feet
|
25 feet
|
Monument
| |||
Maximum sign area
|
30 square feet
|
40 square feet
|
30 square feet
|
Maximum height
|
5 feet
|
6 feet
|
5 feet
|
Minimum setback from property line
|
10 feet
|
10 feet
|
10 feet
|
Ladder
| |||
Maximum sign area
|
18 square feet
|
24 square feet
|
18 square feet
|
Maximum height
|
12 feet
|
12 feet
|
12 feet
|
Minimum setback from property line
|
10 feet
|
15 feet
|
10 feet
|
Post-and-arm
| |||
Maximum sign area
|
12 square feet
|
24 square feet
|
12 square feet
|
Maximum height
|
8 feet
|
12 feet
|
8 feet
|
Minimum setback from property line
|
10 feet
|
10 feet
|
10 feet
|
Pole
|
Not permitted
| ||
Maximum sign area
|
14 square feet
|
24 square feet
|
NA
|
Maximum height
|
12 feet
|
12 feet
|
NA
|
Minimum setback from property line
|
10 feet
|
15 feet
|
NA
|
Projecting
| |||
Maximum sign area
|
8 square feet
|
16 square feet
|
8 square feet
|
Maximum projections from building face
|
4 feet
|
6 feet
|
4 feet
|
Minimum clearance from ground
|
8 feet
|
8 feet
|
8 feet
|
Maximum clearance from ground
|
10 feet
|
12 feet
|
10 feet
|
Window
| |||
Permanent percentage of total window area of principal
facade
|
20%
|
20%
|
20%
|
Maximum height of lettering
|
8 inches
|
12 inches
|
8 inches
|
Awning
| |||
Minimum projection over sidewalk
|
5 feet
|
5 feet
|
5 feet
|
Maximum projection over sidewalk
|
7 feet
|
7 feet
|
7 feet
|
Lettering height
|
6 inches
|
10 inches
|
6 inches
|
Lettering location
|
Valance only
|
Valance only
|
Valance only
|
Width of lettering across awning
|
8 feet or 50% of valance, whichever is less
|
8 feet or 50% of valance, whichever is less
|
8 feet of 50% of valance, whichever is less
|
[Added 8-21-2008 by L.L. No. 2-2008]
A.
The Planning Board of the Town of New Paltz is hereby
authorized to grant special permits for the installation of on-premises
and off-premises signs as part of historic master highway directional
sign plans for lawfully existing uses within the Town listed on the
national, state or Town register of historic places.
B.
Permits.
(1)
Special permits may be granted by the Planning Board for the Town of New Paltz for the installation of certain signs as part of a historic use master highway directional sign plan approved by the planning board pursuant to the provisions of this § 140-113.1. The permit process shall conform to all applicable requirements of § 140-99 of this article.
(2)
The Building Department of the Town of New Paltz
is hereby authorized to grant sign permits for highway directional
signs which are shown on a historic use master highway directional
sign plan approved by the Town of New Paltz Planning Board.
(3)
Applications for approval of a historic use
master highway directional sign plan shall be upon forms issued by
and filed with the Planning Board. The application shall be submitted,
together with any required fee to the building inspector. A completed
application shall include:
(a)
Detailed description of the location, size,
type, appearance and content of each sign included as part of the
plan;
(b)
Where off-premises highway directional signs
are proposed, the applicant shall include written consent by the owner
or owners of the property upon which all signs will be placed, such
consent to be acknowledged before a notary public;
(c)
In the event that any other agency or jurisdiction
must approve the installation or maintenance of any sign, the applicant
shall provide satisfactory evidence of such approval;
(d)
Evidence that the sign plan for which application
is being made directs persons to a destination, location or area listed
on a national, state or local historic register;
(e)
A map showing the location of all proposed sign(s)
and indicating safe and adequate sight lines and other details as
recommended by the building department according to state and local
law;
(g)
A narrative shall be included explaining the
need and rationale for each highway directional sign shown on the
map.
(4)
The Building Department shall review the application
and shall determine whether the application is complete. Upon making
such determination, the Building Department shall forward such completed
application to the Planning Board together with a recommendation as
to whether or not each sign is consistent with prevailing safety standards,
taking into consideration sight lines and other safety and visibility
standards contained in local and state highway laws, codes, rules
and regulations.
C.
Plan and sign requirements.
(1)
The plan shall consist of not more than five
freestanding on-premises or off-premises highway directional signs
identifying the name of the entity for which application is being
made plus not more than six additional descriptive words, logos or
symbols for directional purposes.
(2)
Off-premises or on-premises highway directional
signs may be of the pole, ladder or post-and-arm type. No off-premises
or on-premises, nonprimary historic directional sign shall exceed
12 feet in height measured from the elevation of the adjoining road,
street or highway nor shall its sign area exceed 15 square feet.
(3)
The sign area of each highway directional sign
shall be the minimum area necessary for directional purposes. Appropriate
quantity, type, height and size shall be determined by the Planning
Board based upon site conditions, roadway speed limit, and visibility
as recommended by the Building Department. The Planning Board may
approve highway directional signs that exceed the height and sign
area requirements of this section by not more than 20% in order to
facilitate safe and convenient travel by the public.
(4)
The proposed plan shall be designed to create
visual unity among the signs within the plan and to ensure compatibility
with the primary business sign, surrounding establishments, landscaping
and structures, areas and neighborhoods. The proposed plan shall include
specifications to which all signs in the plan shall conform, including
but not limited to the following: sign type, height, sign area, colors,
lettering or graphic style, materials, shape, landscaping and location.
Each highway direction sign incorporated in the master highway directional
sign plan shall be appropriate to the location and compatible with
surrounding land uses, structures, views and landscapes. Lighting
of highway directional signs shall be prohibited, unless provided
by existing street lighting.
A.
Legislative intent. In their interpretation and application,
the provisions of this article shall be held to be minimum requirements
adopted for the promotion of the public health, safety and general
welfare.
B.
Noninterference and precedence. This article shall
not interfere with, abrogate, annul or repeal any local law, ordinance,
rule, regulation or permit previously or hereafter enacted, adopted
or issued pursuant to law, provided that, unless specifically excepted,
where this article imposes greater restrictions, its provisions shall
control.
[1]
Editor's Note: Former § 140-115, Penalties for offenses,
was repealed 12-3-2009 by L.L. No. 7-2009.
If any section, clause, sentence or part of
this article shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined
in its operation to the section, clause, sentence or part thereof
directly involved in the controversy in which such judgment was rendered.
All local laws or parts of local laws, state
laws or ordinances in conflict with the provisions of this article
are hereby superseded and rendered null and void to the extent necessary
to give this article full force and effect upon its adoption pursuant
to New York State Municipal Home Rule Law.