[HISTORY: Adopted by the Town Board of the
Town of Niagara 5-14-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This amendment also superseded former Ch. 204,
Signs, adopted 4-24-2001 by L.L. No. 1-2001, as amended.
A.
Purpose. The purpose of this chapter is to protect the public health,
welfare and safety by regulating existing and proposed outdoor advertising
and outdoor signs of all types. It is intended to protect property
values, create a more attractive economic and business climate and
protect the physical appearance of the community. It is further intended
to reduce sign or advertising distractions and obstructions that may
contribute to traffic accidents and to reduce the adverse effects
of signage on natural beauty and on the environment in general.
B.
Conformance required. No signs shall be erected, altered, moved or
used except in conformance with this chapter and then, except for
off-premises signs, only as an accessory use.
As used in this chapter, the following terms shell have the
meanings indicated:
An off-premises sign having more than 100 square feet of
face area.
A group of commercial and/or industrial establishments or
enterprises located in a single building or in two or more buildings,
developed to function as a single entity or unit.
Any person, firm, partnership, association, corporation,
company, institution or organization of any kind.
Each individual separate business, establishment, enterprise
or legal entity occupying a business property, regardless of the status
of ownership or the realty.
A name, identification, description or illustration containing
letters, numbers or symbols which is affixed to, or painted, or represented
or installed on any part of a building, structure, vehicle or parcel
of land in view of the general public and which directs attention
to a person, institution, organization, activity, place, object, product
or business.
The surface devoted to the conveying of the message, exclusive
of structural supports, trim, and framing devices and any appurtenances
required by building codes. In the case of an open sign, structures
not having a solid surface or a sign not otherwise inscribed in a
definite area, the area of the sign shall be taken as the area required
to circumscribe all letters and devices exclusive of supports. Signs
that have two faces which are back-to-back or diverge at an angle
of 45° or less shall be considered to have one face for the purpose
of calculating sign area.
A freestanding sign that is comprised of two sign faces diverging
at an approximate forty-five-degree angle from their adjoined edge.
Any sign affixed to, painted on or otherwise being a structural
part of a building.
A pedestrian-oriented sign attached to the underside of a
permanent canopy, perpendicular to the building frontage.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure, including bath pole and ground signs.
Any permanent sign, other than a pole sign, placed upon or
supported by the ground, independent of any other structure.
A sign that is mourned mounted on a freestanding pole or
other supports, so that the bottom edge of the sign is eight feet
or more above grade.
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign.
A sign which is not intended to be used for a period of time
exceeding 30 days and is not attached to a building, structure, or
the ground in a permanent manner, such signs usually being constructed
of poster board, cardboard, masonite, plywood, or plastic material
and mounted to wood, metal, wire or rope frames or supports.
A.
No sign shall be illuminated by or contain flashing, intermittent,
rotating or moving lights. Any illuminated sign or lighting device
shall employ only lights emitting a perceived constant intensity.
All signs containing electrical wiring shall be subject to the provisions
of the National Electrical Code, and the electrical components used
shall bear the label of an approved testing agency.
B.
No illuminated sign or lighting device shall be so placed or directed
so as to permit the beams and illumination therefor to be directed
upon a public street, highway, sidewalk or adjacent premises so as
to cause glare or reflection that may constitute a traffic hazard
or nuisance.
C.
No sign shall attempt (or appear to attempt) to direct the movement
of traffic or imitate or resemble an official sign, signal or device.
D.
No sign shall prevent the driver of a vehicle from having a clear
and unobstructed view of any official sign or entrance or exit roadway
or intersection or approaching or merging traffic.
E.
No permanent sign or part thereof shall contain and/or consist of
pinwheels, posters, ribbons, or other similar moving or revolving
devices.
F.
No signs, except such directional devices as may be required by the
Federal Aviation Administration, shall be placed, inscribed or supported
upon or above the highest part of the roofline or parapet.
G.
Every sign shall at all times be maintained in a neat, safe and structurally
sound condition and maintained by replacement of defective or worn
parts, painting, repainting and cleaning.
H.
No sign on rocks, trees and other parts of the natural landscape,
or signs on vehicles, parking lots, driveways, fences, etc., shall
be allowed, except for permanent commercial advertising on trucks
or vehicles temporarily in transit through the Town of Niagara.
A.
Signs not requiring a permit. No sign permit shall be required for
the following:
(1)
One sign for each building or lot advertising the sale, rental or
lease of the premises or part thereof on which the sign is displayed,
not exceeding four square feet in residential districts and 32 square
feet in commercial and industrial districts.
(2)
Official signs, notices or direction devices erected or maintained
by federal, state, county or local government or agency thereof.
(3)
One sign denoting the name and address of the occupants of the premises,
which shall not exceed two square feet in face area.
(4)
One sign denoting the architect, engineer or contractor placed on
the premises where construction, repair or renovation is in progress,
which sign shall not exceed 32 square feet in face area. This sign
must be removed from the premises within seven days after such construction,
repair or renovation is completed.
(5)
Parking lot markers, directional signs, entrance and exit signs and
other such signs which are erected on the premises which shall not
exceed four square feet in face area and shall not contain any advertising
of the use of the premises.
B.
Signs requiring a permit. Sign permits shall be required for the
following:
(1)
Professional nameplates that shall not exceed four square feet in
face area.
(2)
One sign or bulletin board which may be illuminated, not exceeding
32 square feet in face area, located on the premises of a public or
quasi-public organization or institution and not less than 10 feet
from any lot line, and not more than six feet in height above finished
grade.
(3)
One sign identifying the name of the residential area or subdivision,
not to exceed 32 square feet of face area nor eight feet in height
above finished grade, shall be permitted at each major entrance to
the area.
B.
Building signs.
(1)
Number: except for canopy signs, two per each individual establishment.
(2)
Maximum face area: except for canopy signs, 30% of building frontage
area, up to 15 feet in height, not to exceed 200 square feet.
(3)
General regulations.
(a)
Wall signs shall not project above or beyond the ends of the
building or its parapet or the highest point of the roof, whichever
is higher.
(b)
Canopy signs shall not exceed nine square feet in face area,
shall not have any members less than eight feet above finished grade
and shall not have a vertical dimension exceeding 12 inches.
(c)
Except as otherwise provided for herein, roof signs may be allowed
by permit by the Town Board.
C.
Freestanding signs.
(1)
Number: one per each individual establishment except for multiple
developments.
(2)
Maximum face area: 100 square feet.
(3)
General regulations.
(a)
Ground signs shall not exceed 100 square feet in face area,
shall not exceed eight feet in height and shall be located not less
than four feet from any adjacent business or industrial lot or 15
feet from an adjacent residential lot or street right-of-way.
(b)
Pole signs shall not exceed 100 square feet in face area and
shall not exceed 25 feet in height, nor shall the lowest member, excluding
the pole, be less than eight feet from the finished grade. It shall
be located not less than 15 feet from an adjacent residential lot
line and shall not project over any public right-of-way or encroach
upon the property of another.
D.
Multiple development signs.
(1)
Signage in multiple developments, such as shopping plazas, office
parks and industrial parks, shall exhibit a degree of uniformity so
as to impart a sense of unity and harmony to the development. A coordinated
signage plan shall be required.
(2)
Each individual establishment shall be permitted to have one building
sign and one canopy sign.
(3)
The multiple development may have one freestanding sign. Additional
signage may be granted by the Zoning Board of Appeals if justified
by coordinated signage plan.
(4)
No owner, tenant or other user shall deviate from the coordinated
signage plan.
E.
Billboards.
(1)
Billboards, due to issues of traffic safety and the visual landscape,
shall not be allowed in any district, except upon issuance of a permit
by the Town Board. Locations of billboards shall be limited to heavy
industrial areas along interstate highways and prohibited from the
remainder of the community. Billboards shall not exceed 400 square
feet per face, shall maintain a minimum distance of 2,000 feet from
any other billboard, shall observe the same height requirements as
for pole signs and shall not be located closer than 50 feet to a residential
district.
(2)
Billboards shall be subject to any additional conditions deemed necessary
during the review process.
A.
Application. Application for a sign permit shall be made to the Code
Enforcement Officer upon prescribed forms and shall contain the following
information:
(1)
Name, address and telephone number of the applicant.
(2)
Location of building, structure or land to which or upon which the
sign is to be erected.
(3)
Scale drawings, including dimensions, showing lettering and/or pictorial
of lighting or other extraneous devices; and a location plan showing
the position of the sign on any building and its position in relation
to nearby buildings, structures or existing signs and to any private
or public street or highway.
(4)
For multiple developments, a coordinated signage plan must be submitted
to the Planning Board, in addition to the application procedure.
A.
Sign removal.
(1)
All signs shall be kept clean, neatly painted and free from all hazards,
including faulty wiring and loose fastenings, and shall be maintained
at all times in such tidy and safe condition so as not to disserve
the public health, safety and general welfare.
(2)
The Code Enforcement Officer may cause any sign which is a source
of immediate peril to persons or property to be removed summarily
and without notice.
(3)
Any sign no longer performing its original function due to vacancy
or other change on the premises on which said sign is located shall
be removed by the owner of said premises within one year of the vacancy
or other change. Said removal shall include any sign foundation and/or
supporting structure(s).
B.
Revocation of sign permit.
(1)
In the event of a violation of any of the conditions of this chapter,
the Code Enforcement Officer shall give written notice to the named
owner of the sign and/or the named owner of the land on which the
sign is located, either to conform or to remove such sign within 30
days of such notice.
(2)
Upon failure to comply with such notice, the Code Enforcement Officer
shall revoke the sign permit and may remove or repair such sign, assessing
all incurred costs and expenses against the owner.
A.
Amortization.
(1)
To avoid hardship, owners shall be allowed to use nonconforming signs
permanently affixed to a structure or foundation which have been in
existence prior to the effective date of this chapter until their
value is depreciated or for a period of six years, whichever is longer.
Depreciation shall be considered to be at the rate of 10% per year.
All other nonconforming signs shall be removed within six months of
the adoption of this chapter.
(2)
The Code Enforcement Officer shall review and inspect existing signs
for their conformance with this chapter and shall, by certified letter,
notify the owners of the nonconforming signs of the character of nonconformance.
He or she shall also notify the owners of the date on which conformance
must be accomplished.
(3)
The Code Enforcement Officer may require the owner of the sign to
submit satisfactory proof of the date of erection of the sign.
(4)
Except as provided in this part, nonconforming signs shall be made
to conform to this chapter or shall be removed.
B.
Replacement. A nonconforming sign which is destroyed or which is
damaged to an extent in excess of 50% of its original construction
shall not be replaced except by a sign which conforms to this chapter.
C.
Alteration. A nonconforming sign which existed on the effective date
of this chapter shall not be enlarged, structurally altered or relocated,
except in accordance with the provisions of this section.
Temporary signs are permitted in all districts in accordance
with the provisions of this section.
A.
Permit required. All temporary signs shall require the issuance of a sign permit from the Code Enforcement Office, as provided for in § 204-6 of this chapter.
C.
Size.
(1)
Residential districts.
(2)
Nonresidential districts.
(a)
No temporary ground sign or freestanding sign shall exceed five
feet in height and 12 square feet in area.
(b)
No temporary banner or building sign shall exceed six feet in
height and 24 square feet in area.
(c)
The cumulative area of temporary signs for any one use at any
given time shall not exceed 24 square feet.
D.
Location.
(1)
Temporary freestanding signs shall maintain a minimum setback of
five feet from all property lines.
(2)
No temporary signs shall be placed closer than one foot to another
sign of any type. Each sign shall be located on a separate pole, support,
stake or other device intended to support such sign and shall not
be joined or connected to another sign in any manner whatsoever.
(3)
Temporary signs placed on a building or structure shall not obstruct
any window, door, or other form of ingress/egress, or extend above
any roofline.
(4)
No temporary sign may be erected, displayed, or maintained on, over
or upon any public property, including but not limited to the following:
a public street, avenue, lane, alley, right-of-way, easement, margin
or public place or park.
(5)
No temporary sign may be erected, displayed, or maintained on, over
or upon any lamp or electric light post or to a telegraph, telephone
or other utility pole, or to a hydrant or traffic control sign or
device or in any drainage ditch, easement or appurtenances.
(6)
It shall be unlawful to erect, display, or maintain a temporary sign
on privately owned property or premises without the consent of the
owner or tenant thereof.
(7)
No temporary sign may be erected, displayed or maintained in such
a manner or location that it will or reasonably may interfere with,
obstruct, confuse or mislead traffic.
(8)
No temporary sign may be placed or erected upon any Town, county,
or state right-of-way.
E.
Duration and permanence.
(1)
No sign shall be displayed for more than 30 days in any ninety-day
period.
(2)
An extension of up to one additional thirty-day period may be granted upon written request to the Code Enforcement Officer stating the rationale for such extension. For the purposes of Subsection E(4) below, such extension will reset the thirty-day period in which the sign may be in existence.
(3)
A sign shall be considered permanent and presumed to be permanent
when it is attached in a manner that is not capable of being readily
removed.
(4)
Any sign in existence over 30 days, regardless of the manner of attachment,
shall be considered and presumed to be a permanent sign and must comply
with all requirements of this chapter that apply to permanent signs.
F.
Illumination. No temporary sign shall be internally or externally
illuminated or incorporate any means of electronic power, including
digital or LED screen technology.
G.
Removal and maintenance.
(1)
The owner and/or tenant of the property on which a temporary sign
is located shall be responsible for its removal as well as maintenance
of the sign in a safe and secure state during the period of display.
(2)
The Code Enforcement Officer or their designee may remove any temporary
sign that is found to be in violation of this chapter. Within seven
days of removal, written notice shall be provided to the owner and/or
tenant of the property on which the sign was located. If the sign
is not claimed within 30 days of written notice, the Code Enforcement
Officer may provide for its disposal.
Any person aggrieved by any decision of the Code Enforcement
Officer relative to the provisions of this chapter may appeal such
decision to the Zoning Board of Appeals.
Sign permit and renewal fees shall be determined from time to
time by resolution of the Town Board. All annual renewal fees shall
be collected by the Code Enforcement Officer.
Any person who violates any provision of this chapter is guilty
of a violation punishable by a fine not exceeding $350 for the first
violation; a minimum of $350 and maximum of $700 for a second violation
within five years; and minimum of $700 and a maximum of $1,000 for
a third or subsequent violation within five years; or imprisonment
for a period not to exceed six months, or both. Each week's continued
violation shall constitute a separate violation.
The Code Enforcement Officer shall be empowered to enforce this
chapter.
