The primary function of signs is to identify in words the use of property. The purpose and intent of these sign regulations are to permit adequate use identification while protecting the public health, safety and welfare; conserve property values; create a more attractive economic climate; enhance and protect the physical appearance of the community; reduce visual clutter and distractions to motorists which may contribute to traffic accidents; and reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.
For the purposes of these regulations, the term "sign" does not include:
A. 
Signs erected and maintained pursuant to and in discharge of any governmental function, including state or federal historic markers, or required by any law, ordinance or governmental regulation.
B. 
Repainting, cleaning and other normal maintenance and repair of a conforming sign or a conforming sign structure, unless a structural change is made.
C. 
Memorial tablets or signs, and locally designated historic markers not exceeding two square feet in area.
D. 
Flags, emblems or insignias of the United States, the State of New York, other countries and states, the United Nations or similar organizations of which this nation is a member.
E. 
Signs for the direction or convenience of the public, including signs which identify rest rooms or locations of public telephones or traffic control devices; however, the total area shall not exceed two square feet.
Signs are important components of the streetscape. However, signs do more than communicate information. By the quality of their design, they can either contribute to or diminish the integrity of structures as a whole. They can serve as attractive accents, or they can clutter and detract from the street's character. The purpose of these general requirements is to promote the visual cohesiveness of the streetscape by encouraging signs to be harmonious with the architecture of each building.
A. 
All signs must be approved by the Planning Board and the Architectural Review Board, hereinafter referred to as "Board," excepting as may be otherwise provided for herein.
B. 
No sign shall be erected, altered, moved or used without first obtaining a building permit therefor, and signs shall be used only for a permitted use, conditional use or for a nonconforming use which may lawfully continue in accordance with the terms of these regulations.
C. 
In order to permit adequate identification, without having an adverse impact on safe traffic movements or on the visual appearance of the Town, no sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, balloons, searchlights and other similar moving, fluttering or revolving, flashing or animated devices, nor shall any of the aforesaid devices or strings of lights be used for the purpose of advertising, illumination or attracting attention.
D. 
Pictorial designs, logos and trademarks shall be permitted, provided that they are incorporated in and made a part of a permitted sign face, and the area thereof is included in calculating the total permitted sign face area allowed under these regulations. The maximum size of a pictorial design, logo or trademark shall be no greater than 25% of the total area of the permitted sign face.
E. 
No application for approval of signs or for a sign permitted shall be processed unless the occupant for whom such sign is intended and the owner of the premises shall join therein.
F. 
No sign shall project across or over a property line or lease line, and the applicant must furnish proof of compliance therewith.
G. 
Business identification signs proposed for businesses in multitenant plazas and multitenant buildings shall require review by the Senior Planner or such other individual as shall be designated by the Commissioner of Public Works. Such signs shall not require board review, provided that a sign plan for the plaza has been reviewed and approved by the appropriate review board(s) and filed with the Building and Planning Department. The sign shall comply with all requirements of the filed sign plan and all requirements of these regulations.
[Added 7-14-1999 by L.L. No. 4-1999; amended 7-26-2000 by L.L. No. 6-2000; 4-27-2022 by L.L. No. 5-2022]
All nonconforming signs existing at the time of the adoption of this article or any prior ordinance or amendment thereto shall cease and desist at the time they are replaced or when there is:
A. 
A change in ownership.
B. 
A change of activity.
C. 
Failure to maintain signs as required by § 207-30B.
D. 
Destruction or damage of said sign to the extent of 51% of its replacement cost as of the time of the destruction or damage.
E. 
Creation of a hazard or disturbance to the health, safety and welfare of the general public as determined by the Building Inspector.
When reviewing and approving sign applications before them, the Boards shall be guided by the following:
A. 
Signs shall be a subordinated part of the structure's architecture.
B. 
Signs should be of regular shape (such as squares, rectangles, circles and ellipses).
C. 
Adjacent signs on the same or adjoining buildings shall be placed within the same horizontal band and be of harmonious materials and colors and the same style of lettering.
D. 
The number of different colors should be appropriate for the surrounding land uses. For example, in residential districts the colors should be limited to two, and in office, commercial and industrial districts, the maximum number of colors should not exceed four.
An application for site plan approval which includes signage must include a sign plan for the total signage on the site. All signage must be consistent with the approved site plan. Prior to site plan approval by the Planning Board, the Architectural Review Board shall review the signage to determine whether the proposed signage is consistent with the architectural style of the building and any predominant architectural style of the adjacent buildings or the general character of the immediate area. The Architectural Review Board shall make a finding and recommendation to the Planning Board. The Planning Board shall review the signage for size, illumination and any adverse impacts on surrounding land uses or traffic movements or overall visual impacts.
A. 
In all districts, all signs shall be coordinated with the architecture in such a manner that the overall appearance is harmonious in color, location, lettering, form and proportion. Signs shall preferably be of the same size, shape, color and aesthetic style.
B. 
Maintenance of all signs:
(1) 
All signs and all components thereof, including supports, braces and anchors, shall be kept in a good state of repair.
(2) 
If the message portions of a sign are removed or a business or other activity is no longer operating, it shall be the property owner's responsibility to assure that the abandoned sign is promptly removed or properly covered to the satisfaction of the Building Inspector.
C. 
Any sign attached to, painted on or otherwise affixed to a building must be placed parallel to the building face and may not extend beyond the sides of the building or above the roof ridge or solid parapet wall or protrude more than two feet from the face.
For residential districts, signs shall be permitted as follows:
A. 
For a single-family residence:
(1) 
The following signs shall be permitted:
(a) 
A sign not exceeding two square feet in area and indicating only the name and street address of the occupant and a permitted home occupation. Such sign shall be attached to a principle building and shall not be illuminated. Neither Board approval nor the obtaining of a building permit is required.
(b) 
One nonilluminated sign, not exceeding six square feet in area, advertising only the prospective sale or rental of the premises on which such sign is located. Any such sign shall not be closer than 10 feet to any lot line, shall be anchored to the ground, shall not project more than six feet above grade and shall be removed within 24 hours after the time of the sale or rental. Neither Board approval nor the obtaining of a building permit is required.
(c) 
A political sign which shall be a nonilluminated sign which shall not exceed six square feet in area, shall not be closer than 10 feet from any lot line, shall be anchored to the ground and shall not project more than six feet in height above grade. Political signs may be erected not more than 90 days prior to the election to which they relate and shall be removed by the owner or occupant of the property not later than seven days thereafter. Neither Board approval nor the obtaining of a building permit shall be required.
(d) 
A message sign, which shall be a nonilluminated sign which shall not exceed six square feet in area, shall not be any closer than 10 feet from any lot line, shall be anchored to the ground and shall not project more than six feet in height above grade. Neither Board approval nor the obtaining of a building permit shall be required.
(e) 
A nonilluminated sign, per development, not exceeding 32 square feet in area in connection with the development or subdivision of real property, provided that such subdivision shall contain at least five subdivision lots. Such sign may identify the project, owner, developer, architect, engineer, contractors and funding source. Such sign shall not be closer than 20 feet to any lot line, shall be anchored to the ground and shall not project more than 10 feet in height above grade. Such sign shall be subject to the approval of the Building Inspector and require a building permit, which shall be valid for a period of not more than one year. All extensions thereof shall be subject to the approval of the Planning Board and subject to the obtaining of a building permit. For subdivision which contains less than five lots, the sign permitted is the same as found in Section C(2) of this section.
(f) 
One nonilluminated sign on the premises, not exceeding six square feet in area, advertising a garage sale shall be no closer than 10 feet to any property line, shall be anchored to the ground and shall project no more than six feet in height above grade. Such signs shall be erected not more than 24 hours prior to the garage sale and shall be removed at the conclusion of the garage sale. Neither Board approval nor a building permit is required.
(g) 
Any temporary portable sign, not to exceed six square feet in area, identifying the name and services of a contractor involved in a home-improvement project within or upon the premises. Any such sign shall not be closer than 10 feet to any property line and not within the street right-of-way. The sign shall be removed after the completion the improvement project. Neither Board approval nor the obtaining of a building permit is required.
(2) 
General regulations.
(a) 
Except as expressly provided by this article, no sign permitted hereunder shall be attached to any public utility pole, fence, tree or other vegetation or upon any public right-of-way.
(b) 
The owner or occupant of each lot hereby shall have the right to maintain any of the types of signs defined in Subsection A(1)(a) through (d) above, in any combination, provided that the total number of signs on each lot shall at no time exceed three in number.
B. 
For a church or other permitted institution, club, other than a single-family dwelling:
(1) 
One identification sign per lot not exceeding 16 square feet in area. If the sign is to be freestanding, such sign shall not be nearer than 10 feet to any lot line, shall be anchored to the ground, shall not project more than six feet in height above grade and shall not be illuminated except indirectly.
(2) 
All illumination of any sign permitted under this article shall cease at 10:00 p.m.
C. 
For townhouses or apartments. In addition to the signs permitted in residential districts, the following signs shall also be permitted:
(1) 
One sign for each building not exceeding two square feet in area and indicating only the address range and/or the number of the building. Such sign shall be attached to the building face or freestanding and shall not project more than six feet in height above the grade and shall not be illuminated except indirectly. Neither Board approval nor the obtaining of a building permit is required.
(2) 
One identification sign not to exceed 16 square feet in area, indicating only the name and street address of the project, shall be permitted for each project. Such sign shall not be closer than 10 feet to any lot line, shall not project more than six feet in height above grade and shall not be illuminated except indirectly.
A. 
All applications for site plan approval involving signs shall include a plan for the total signage on the site and shall be consistent with the above-mentioned principles for all districts. The following signs shall be permitted:
(1) 
One sign not exceeding two square feet in area indicating only the street address of the property. To the maximum extent possible, the address sign should be a simple sign, on the building over the main entrance or, if it to be freestanding, perpendicular to the road. Neither Board approval nor the obtaining of a building permit is required.
(2) 
Two signs, each not exceeding six square feet in area, indicating only entrance and exit to the property. Such signs shall not project more than four feet in height above grade and shall be no closer than 10 feet to any lot line. Neither Board approval nor the obtaining of a permit is required. In the case where the street address sign is combined with entrance and exit signs, the signs shall not exceed six square feet in area.
(3) 
One nonilluminated sign, not exceeding 32 square feet in area, in connection with the development, subdivision, repair or renovation of a parcel of land in progress. Such sign shall not project more than eight feet in height above grade and shall be no closer than 10 feet to any lot line. Such sign may identify the project, owner, developer, architect, engineer, contractors and funding source, and shall be subject to approval of the Building Inspector and shall require a building permit which shall be valid for a period of not more than one year. All extensions thereof shall be subject to the approval of the Board and subject to obtaining of another building permit.
(4) 
One nonilluminated sign not exceeding six  square feet in area advertising only the prospective sale or rental of the premises on which the sign is located. Such sign shall be no closer than 10 feet to any lot line, shall not project more than six feet in height above grade and shall be removed within 24 hours after the time of sale or rental. Neither Board approval no the obtaining of a building permit is required. In the event that the principal frontage of any property under common ownership exceeds 100 linear feet, a larger sign for the same purpose may be approved by the Board, but limited to six additional square feet of sign area for each 100 linear feet of principal frontage of any property up to a maximum of 32 square feet. If approved, a building permit for such sign may be granted for a period up to but not to exceed one year with the right to apply for a renewal.
(5) 
Development/building directory signs indicating he name of the occupants of the building and the building number in order to direct persons to their proper destination once they are on site. These signs shall not be readable from the highway. Signs are to be single faced, carry no advertising and be no larger than 16 square feet in area, including the nameplates of all the tenants or uses, and shall project not more than six  feet in height above grade. The proposed sign's construction shall complement the architectural style and materials used in the construction of the building for which it will serve. The proposed sign shall be subject to Board review and shall require a building permit. In determining the design, location and hours of illumination, the Board shall be guided by other pertinent sections of these regulations.
(6) 
Places of worship shall be permitted one identification sign per lot not exceeding 16 square feet in area. If the sign is to be freestanding, such sign shall not be nearer than 10 feet to any lot line, shall be anchored to the ground, shall not project more than six feet in height above grade and shall not be illuminated except indirectly.
[Added 6-26-2002 by L.L. No. 4-2002]
(7) 
A maximum of three political signs, which shall be nonilluminated, shall not exceed six square feet in area, shall not be closer than 10 feet to any lot line, shall be anchored to the ground and shall not project more than six feet in height above grade. Political signs may be erected not more than 90 days prior to the election to which they relate and shall be removed by the owner or occupant of the property not later than seven days thereafter. Neither Board approval nor the obtaining of a building permit shall be required.
[Added 11-25-2008 by L.L. No. 6-2008]
B. 
Business identification sign standards:
(1) 
No business identification sign shall be erected unless attached to the building face. A building on a corner lot with side walls approximately parallel to the street lines shall have one face which shall be the side containing the principal entrance. This face shall be the one on which the sign is to be located.
(2) 
The total area of a business identification sign affixed to the face of a building shall not exceed 10% of the first-floor area of the building face or 150 square feet, whichever is less. The vertical projection to be used in calculation of the first-floor building face area is 15 feet.
[Amended 7-14-1999 by L.L. No. 4-1999]
(3) 
Signs may not project in any part more than 20 feet above grade measured at the building face.
[Added 7-14-1999 by L.L. No. 4-1999[1]]
[1]
Editor's Note: This ordinance required the redesignation of former § 207-32B(3) as § 207-32B(4).
(4) 
Illumination of business identification signs:
(a) 
Lighting directed toward a building face sign shall be shielded so that it only illuminates the face of the sign.
(b) 
All illuminated signs shall be placed on automatic timing devices which will allow illumination to commence each day no sooner than 1/2 hour before the business is open to the public.  Termination of illumination will not exceed 1/2 hour after the close of business. All illuminated signs facing residential districts shall be turned off by 10:00 p.m.
C. 
Freestanding sign standards. One freestanding sign for shopping centers (with a major tenant of at least 150,000 square feet and additional uses totaling at least 300,000 square feet), office parks and industrial parks may be permitted. All freestanding signs must be approved by the Planning Board and the Architectural Review Board. The maximum size and height of a freestanding sign may be based on the standards set forth below. The following standards shall be used to determine the permitted size of freestanding signs:
[Amended 7-14-1999 by L.L. No. 4-1999; 9-24-2003 by L.L. No. 16-2003]
Area Surrounded by
Community Office or
Industrial Uses
Area Surrounded
by Residences,
Institutions
or Rural Areas
Type of
Highway
Speed
(mph)
Area
(square feet)
Height
(feet)
Area
(square feet)
Height
(feet)
2-lane
15-25
15
5
10
5
30-40
35
6
20
6
45-55
75
20
50
16
4-lane
15-25
20
6
15
6
30-40
50
18
35
11
45-55
120
22
80
18
6-lane
15-25
25
16
20
14
30-40
65
20
40
16
45-55
130
24
40
20
D. 
Temporary signs.
[Amended 7-14-1999 by L.L. No. 4-1999]
(1) 
Temporary nonilluminated window signs may be displayed inside windows, except in industrial districts. They shall be affixed flat against the window. The copy, including graphics, shall not exceed 50% of the total area of the window in which they are displayed. Neither Board approval nor obtaining a building permit shall be required.
(2) 
One temporary banner may be placed on the building face prior to the installation of the permanent business identification sign, provided that:
(a) 
The temporary banner is no larger than 10% of the building face or 45 square feet, whichever is less;
(b) 
The temporary banner display only the business name and logo (logo may be no greater than 25% of banner) and utilize no more than four colors:
(c) 
A permit, which shall be issued by the Building and Planning Department upon application for the permanent sign and in which the fee shall be set by the Town Board, is obtained; and
(d) 
The temporary banner is removed immediately upon installation of the permanent sign or within 90 days from the date of permit issuance, whichever is less.
E. 
Miscellaneous regulations:
[Amended 11-14-2007 by L.L. No. 12-2007]
(1) 
Except as otherwise permitted in these regulations, portable signs shall be prohibited because they can be hazardous to both vehicular and pedestrian traffic and can cause visual clutter and visual overload.
(2) 
Awning and canopy signs shall be subject to review and approval of the Planning Board after a review by the Architectural Review Board. The Architectural Review Board shall review all applications for awnings and canopies first to determine if the color, style and shape of the proposed awnings or canopies are consistent with the architectural style of the building. The Planning Board shall determine the amount and appropriateness of any sign or graphics. Any portion of the awning or canopy used as a sign will be debited from the ten-percent standard for determining the maximum size of business identification signs. Awnings or canopies shall be unilluminated. A building permit shall be required for all awning or canopy signs.
(3) 
Except as otherwise permitted in these regulations, no electronic-message or changeable-copy signs shall be permitted within the Town of Brighton.
(4) 
Except as expressly provided by these regulations, no sign, banner or any other attention-getting device shall be attached to any pole, fence, tree or other vegetation or upon any public walk or right-of-way.