[Amended 10-6-1993; 3-15-1995; 9-17-2008 by L.L. No. 5-2008; 10-21-2009 by L.L. No.
1-2009]
Sign regulations, including provisions to control the type,
design, size, location, motion, illumination and maintenance, are
designed to achieve the following purposes:
A.
To protect property values, create a more attractive economic and
business climate and protect the physical appearance of the community
from the effects of inharmonious and out-of-scale signs.
B.
To preserve the scenic and natural beauty of designated areas and
provide a more enjoyable and scenic community.
C.
To reduce signs or advertising distractions or obstructions that
may contribute to traffic accidents.
D.
To provide reasonable, yet appropriate, conditions for advertising
goods sold or services rendered in business districts by relating
the size, type and design of signs to the type of establishment.
E.
To control signs so that their appearance will be aesthetically harmonious
with the overall design of the area.
F.
To reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way.
G.
To curb the deterioration of natural beauty in the community's environment.
All signs not expressly permitted (by Common Council resolution)
or exempt from regulation under this article are prohibited in all
districts. Such signs include, but are not limited to:
A.
Posters, pennants, ribbons, streamers, spinners or other similar
moving, fluttering or revolving devices or strings of lights;
B.
Rotating or revolving signs;
C.
Beacons;
D.
Signage on motor vehicles that:
E.
Signs, as regulated by this article, used to attract attention to
an object, product, place, activity, institution, organization or
business not available or located on the premises where the sign is
located;
F.
Signs advertising or identifying a business which is no longer operating.
Any sign accessory or incidental to a business shall be removed within
30 days after the business ceases to operate;
G.
Roof signs placed, inscribed or supported upon or above the highest
part of the roofline;
H.
Signs that create a traffic hazard by obstructing the view at any
street intersection or by design resemblance through color, shape
or other characteristics common to traffic control devices;
I.
Signs that encroach into the clear sight; and
J.
Signs in the public right-of-way or on other public property.
A.
Exempt signs. The following signs shall be exempt from regulation under this article and shall not require a building permit for a sign as described in § 190-128:
(1)
Signs erected and maintained pursuant to and in discharge of
any governmental function;
(2)
Signs prohibiting trespassing;
(3)
Integral, decorative or architectural features of building,
except letters or trademarks;
(4)
Any sign inside a building, not attached to a window or door,
that is not legible from a distance of more than three feet beyond
the lot line of the lot or parcel on which such sign is located.
B.
Signs not requiring a permit. The following signs shall be exempt from regulation under this article and shall not require a building permit for a sign as described in § 190-128, provided that the sign meets the additional standards given below:
(1)
ADDRESS SIGN — A sign that identifies the occupant
and address of a residential structure.
(2)
CONSTRUCTION SIGN — Any freestanding sign intended
to provide information about current construction on a site and the
parties involved in the project.
(a)
Standards:
[1]
There shall be only one on-premises construction sign indicating
the project name and the names of the architect, engineer, contractor
and participating public and governmental agencies and officials.
[2]
Such sign shall not exceed 32 square feet in area.
[3]
Such sign (sign and support) shall be a maximum of eight feet
in total height.
[4]
Such sign shall be located a minimum of 15 feet from the lot
line and 75 feet from any dwelling not within the project.
(b)
Illustration:
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(4)
(6)
INCIDENTAL SIGN — A sign that includes information
assisting in the flow of vehicular traffic, including "enter" and
"exit" signs.
(7)
MENU BOARD SIGN — A permanently mounted sign
displaying the bill of fare for a drive-through or drive-in restaurant.
(8)
POLITICAL SIGN — A temporary sign that supports
or opposes any political candidate, political issue, political referendum
or political party.
(a)
Standards:
[1]
Political signs shall be placed only on private property.
[2]
Such signs shall not block any intersection clear site triangle.
[3]
Such signs shall be removed within seven days after an election.
[4]
Each sign shall not exceed four square feet in area, and such
signs shall not be erected until 65 days before an election or political
event. The total maximum area of signs allowed shall be 16 square
feet per property.
(b)
Illustration:
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(9)
REAL ESTATE SIGN — A temporary sign that advertises
the sale or lease of the premises on which it is located.
(a)
Standards:
[1]
There shall be only one on-premises real estate sign for each
building or lot advertising the sale, rental or lease of the premises
on which the sign is displayed.
[2]
Such sign shall not be illuminated.
[3]
Such sign shall be removed within 15 days after property closing
or lease signing.
[4]
Such sign shall not exceed eight square feet per face in residential
districts.
[5]
Such sign shall not exceed 32 square feet in area in nonresidential
districts.
[6]
One additional real estate sign shall be allowed on a site abutting
more than one roadway.
(b)
Illustration:
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(10)
WINDOW SIGN — A temporary, nonstructural sign
affixed to the interior of a window or door or any other sign inside
a building containing a message legible from the public right-of-way
or adjacent property clearly intended for public recognition outside
the building.
Upon issuance of a building permit for a sign in accordance with § 190-128, Permit, the following signs shall be permitted, subject to the following requirements:
A.
Building signs.
(2)
FASCIA SIGN — A sign attached to a soffit or
under the fascia of a building.
(3)
MARQUEE SIGN — A sign attached to the face of
a marquee and not projecting above or beneath said marquee face. A
marquee is a permanent roof-like structure that projects from the
wall of a building and may overhang the public way with the local
municipality's authorization.
(a)
Standards:
[1]
No more than one marquee sign shall be permitted for each building
frontage that includes an entrance serving the general public.
[2]
Such sign shall not extend beyond the top or sides of the building.
[3]
Such signs shall not be oriented toward any residential district.
[4]
Such signs shall not project into any adjacent right-of-way,
unless approved by the appropriate federal, state, county, or local
highway official.
[5]
The bottom of such signs shall be a minimum of eight feet above
the walkway.
(b)
Illustration:
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(4)
PROJECTING SIGN — A sign attached perpendicular
to a building or other structure. This definition shall not include
hanging signs.
(a)
Standards:
[1]
Only one projecting sign is permitted per building frontage
with an entrance available to the general public.
[2]
Such sign shall not exceed 16 square feet in area.
[3]
Such signs shall not project into any adjacent right-of-way,
unless approved by the appropriate federal, state, county, or local
highway official.
[4]
The bottom of such signs shall be a minimum of eight feet above
the walkway.
(b)
Illustration:
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(5)
WALL SIGN — A sign integral with or attached
to and supported by the exterior wall of a building.
(a)
Standards:
[1]
A wall sign shall not project above or beyond the ends of the
building or its parapet or the highest point of the roof, whichever
is highest.
[2]
Such sign shall not project more than 12 inches from the exterior
supporting wall.
[3]
On a multi-occupancy building, each occupant with an outside
entrance serving the general public may have a separate wall sign.
Corner tenants with a second outside entrance in a side wall shall
be allowed one additional wall sign.
(b)
Illustration:
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B.
Freestanding signs.
(1)
GROUND SIGN — A sign supported by uprights or
braces placed upon or in the ground and not attached to any building.
(a)
Standards:
[1]
One ground sign shall be permitted for each individual building
not a part of a multiple development.
[2]
Such sign shall be no higher than eight feet above the average
finished grade and shall be permanently attached to the ground.
[3]
Such sign shall not exceed 32 square feet in total face area.
[4]
Such sign shall be located a minimum of five feet from any nonresidential
lot or five feet from any residential lot and five feet from a street
right-of-way.
[5]
At each location where motor vehicle fuels are sold at retail,
32 square feet of additional face area, limited to advertising the
brand name and price of the fuel, shall be permitted. This area may
be used for a separate ground sign or as an addition to the face area
of a ground sign otherwise permitted in this section. In no event
shall more than 16 square feet of this allowed area be displayed or
added to any single face area.
(b)
Illustration:
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(2)
ELECTRONIC MESSAGE CENTER SIGN — Any sign which
contains an illuminated, programmable message or graphic, whether
fixed or moving.
(a)
Standards:
[1]
One electronic message center sign for each individual building
not a part of a multiple development shall be permitted on Transit
Street from the City line to Main Street; on West Avenue from the
City line to Transit Street; on all of Park Avenue; on Lincoln Avenue
in Business Districts B-1, B-3 and B-4.
[2]
Message center signs may be included as a part of a permitted
freestanding sign in any commercial district.
[3]
The information displayed on a message center sign shall remain
static for a period of no less than 20 seconds.
[4]
Special effects or operational modes such as scroll, travel,
spinning actions or the use of similar transitions and frame effects
that have text, graphics or images that appear to move or change in
size, or be revealed sequentially rather than all at once, are prohibited.
[5]
Full animation, flashing or video is prohibited.
[6]
Electronic message signs shall have maximum allowable area of
32 square feet.
[7]
Only one electronic message allowed per parcel, including outdoor
numeric and time/temperature display signs.
[8]
The characters, height of numbers or letters combined in an
outdoor numeric display cannot exceed 12 inches.
[9]
Electronic message signs shall not be located within 500 yards
of any other such sign.
(b)
Illustration:
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(3)
POLE SIGN — A sign that is mounted on a freestanding
pole or other support so that the bottom edge of the sign face is
a minimum of eight feet above the finished grade of a paved walk,
drive, or parking area.
(a)
Standards:
[1]
One pole sign for each individual building not a part of a multiple
development shall be permitted on Transit Street from the City line
to Main Street; on West Avenue from the City line to Transit Street;
on all of Park Avenue; on Lincoln Avenue in Business Districts B-1,
B-3 and B-4; and on Davison Road in Business District B-1.
[2]
Such sign shall not exceed 20 feet in height.
[3]
Such sign shall be located a minimum of 25 feet from an adjacent
residential lot line.
[4]
Such sign shall not project over any public right-of-way or
lot line.
[5]
The pole support for such signs shall be fully encased or skirted.
A sign with a single support shall have a minimum support width of
20% of the width of the sign face. Each support for a sign with double
supports shall be a minimum of 10% of the width of the sign.
[6]
For properties with multiple non-local street frontage, one
pole sign is permitted. A ground sign may be placed along each other
non-local street frontage.
[7]
At each location where motor vehicle fuels are sold at retail,
32 square feet of additional face area, limited to advertising the
brand name and price of the fuel, shall be permitted. This area may
be used for a separate ground sign or as an addition to the face area
of a ground or pole sign otherwise permitted in this section. In no
event shall more than 16 square feet of this allowed area be displayed
or added to any single face area.
(b)
Illustration:
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(4)
Application for the permit shall be made in writing, in duplicate,
upon forms prescribed and provided by the Department of Building Inspection
and shall contain the following information:
B.
Location of the building, structure or land upon which the sign now
exists or is to be erected.
C.
If a new sign is to be erected, elevation and plan drawings to scale
should be included. In addition, a full description of the placement
and appearance of the proposed sign should be included and should
cover the following:
(1)
Location on the premises; specifically, its position in relation
to adjacent buildings, structures and property lines.
(2)
The method of illumination, if any, and the position of lighting
or other extraneous devices, and a copy of the electrical permit related
to the electrical connections.
(3)
Graphic design, including symbols, letters, materials and colors.
(4)
The visual message, text, copy or content of the sign.
D.
Written consent or a copy of the contract made with the owner of
the property upon which the sign is to be erected, if the applicant
is not the owner.
A.
Upon the filing of a completed application for a sign permit and
the payment of the required fee, the Building Inspector shall examine
the plans, specifications, and other data submitted and the premises
on which the sign is to be erected or now exists. If it shall appear
that the sign is in compliance with all the requirements of this article,
he shall then, within 15 days, issue a permit for the erection of
the proposed sign or for an existing sign. The issuance of a permit
shall not excuse the applicant from conforming to the other laws and
ordinances of the municipality.
B.
If the erection of the sign authorized under any such permit has
not commenced within six months from the date of the issuance, the
permit shall become null and void, but may be renewed within 30 days
prior to the expiration, for good cause shown, for an additional six
months, upon payment of 1/2 of the original fee.
C.
Every sign shall bear the permit number, permanently and visibly
shown. Failure to do so shall constitute cause for revocation of the
permit.
D.
Every sign shall be displayed on the premises where the business
it describes is located.
A.
The fee for a temporary sign will be $50 for a thirty-day permit.
Temporary A-frame signs will be permitted annually (January 1 through
December 31) for $25.
B.
Temporary signs not removed at the end of the permit period will
cause the applicant to be charged $25 per day thereafter, as well
as other enforcement provisions of this chapter.
C.
Permanent sign permits will cost $25 if the square footage of the
sign is 12 square feet or less and $50 per sign face if the square
footage is more than six square feet or as established by a fee schedule
as adopted by the Common Council.
D.
Signs erected without a permit will incur a penalty in the amount
of twice the permit cost.
A.
Any illuminated sign or lighting device shall employ only lights
emitting a light of constant intensity, and no sign shall be illuminated
by or contain a flashing, intermittent, rotating or moving light or
lights.
B.
In no event shall any illuminated sign or lighting device be placed
so as to permit its beams and illumination 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.
The full number of illuminating elements of a sign shall be kept
in working condition or immediately repaired or replaced.
The following principles shall control the computation of sign
area and sign height:
A.
Computation of area of individual signs.
(1)
The area of a sign face shall be computed as the area of the
smallest square, circle, rectangle, or triangle that will encompass
the extreme limits of the writing, representation, emblem, or other
display, together with any material or color determined by the Chief
Building Inspector to form an integral part of the background of the
display or used to differentiate the sign from the backdrop or structure
against which it is placed. The supporting structure or bracing of
a sign shall be omitted in measuring the area of the sign unless such
structure or bracing is made part of the message or face of the sign.
(2)
Where a sign consists of individual letters, words or symbols
attached to a surface, building, canopy, awning or wall, the sign
area shall be the area of the smallest rectangle which completely
encompasses all such letters, words or symbols and any accompanying
background of a color different than the color of the wall.
B.
Computation of area of multi-faced signs. The sign area for a sign
with more than one face shall be computed by adding together the area
of all sign faces visible from any one point. When the two identical
sign faces are placed back to back or at an angle less than 45°
and when such sign faces are part of the same sign structure, the
sign area shall be computed by the measurement of one of the faces.
C.
Computation of height. The height of a sign shall be computed as
the mean distance from the base(s) of the sign at the finished grade
to the top of the highest attached component of the sign. Normal grade
shall be construed to be the newly established grade after construction,
exclusive of any filling, berming, mounding, or excavating solely
for the purpose of locating the sign.
A.
Signs not requiring a permit.
|
Sign Type
|
Residential Districts
R-1, R-2, R-3, R-4
|
Business Districts
B-1, B-2, B-3, B-4
|
Industrial Districts
I-1, I-2, I-3
|
|---|---|---|---|
|
Address sign
|
 |
|
|
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Construction sign
|
|
|
|
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Incidental sign
|
|
| |
|
Fuel pump sign
|
|
| |
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Political sign
|
|
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|
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Real estate sign
|
|
|
|
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Window sign
|
|
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B.
Signs requiring a permit.
(1)
Building signs.
|
Sign Type
|
Residential Districts
R-1, R-2, R-3, R-4
|
Business Districts
B-1, B-2, B-3, B-4
|
Industrial Districts
I-1, I-2, I-3
|
|---|---|---|---|
|
Awning sign
|
|
| |
|
Fascia sign
|
|
| |
|
Hanging sign
|
|
| |
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Marquee sign
|
|
| |
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Projecting sign
|
|
| |
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Wall sign
|
|
|
(2)
Freestanding signs.
|
Sign Type
|
Residential Districts
R-1, R-2, R-3, R-4
|
Business Districts
B-1, B-2, B-3, B-4
|
Industrial Districts
I-1, I-2, I-3
|
|---|---|---|---|
|
Ground sign
|
|
| |
|
Message center sign
|
|
| |
|
Pole sign
|
*
|
*
| |
|
Subdivision identification sign
|
|
|
*
|
Note: One pole sign for each individual building not a part
of a multiple development shall be permitted on Transit Street from
the City line to Main Street; on West Avenue from the City line to
Transit Street; on all of Park Avenue; on Lincoln Avenue in Business
Districts B-1, B-3 and B-4; and on Davison Road in Business District
B-1.
|
C.
Miscellaneous signs.
|
Sign Type
|
Residential Districts
R-1, R-2, R-3, R-4
|
Business Districts
B-1, B-2, B-3, B-4
|
Industrial Districts
I-1, I-2, I-3
|
|---|---|---|---|
|
Directory sign
|
|
| |
|
A-frame
|
A.
All signs. The maximum area of all signs, excluding those that are
exempt, shall be related to the height of the building above the finished
grade and the length of the wall of the building facing the nearest
street. The total maximum face area for all signs shall not exceed
"X" square feet per linear foot of building frontage where "X" equals
the values in the following table. Where the lot fronts on more than
one street, the frontage shall be the length of the longest side.
|
District
|
Gross Surface Area of Signs Permitted Per
Foot of Building Frontage Per Street
(square feet)
|
|---|---|
|
B-1
|
0.5
|
|
B-2
|
2.0
|
|
B-3
|
1.5
|
|
B-4
|
0.5
|
|
B-5
|
0.5
|
|
I-1
|
1
|
|
I-2
|
2
|
|
I-3
|
3
|
|
RA
|
Not permitted
|
B.
The maximum total face area for a pole sign shall be determined by
the street frontage of the lot. Where the lot fronts on more than
one street, the frontage shall be the length of the longest side.
The size of any single face shall not exceed 50% of the total area
permitted.
C.
A permitted public and civic use located in a residential district
shall be allowed a maximum of 32 square feet of sign area. A maximum
of 20 square feet of sign area may be used for a ground sign, building
sign or a combination of the two. Such signs shall be located a minimum
of 25 feet from any lot line.
A.
Coordinated sign plans shall be required for newly proposed multiple
developments.
B.
The purpose of this plan is to detail the standards for uniformity
which the development proposes to live up to, and to state the manner
in which the design criteria and standards for uniform sign set forth
in this section shall be met.
C.
Building permits for signs for individual businesses within the development
(and therefore subject to the coordinated sign plan) shall be approved
by the Commissioner of Building, following coordinated sign plan approval.
D.
All signs shall conform to the approved coordinated sign plan on
file with the City. It shall be the responsibility of the owner of
the development to ascertain that the most updated version is on file
for purposes of this article.
A.
Exterior portable, temporary signs or banners shall be limited to a maximum sign area of 32 square feet per face and erected, used or maintained only after obtaining a temporary building permit for a sign in accordance with § 190-128. A permit for a temporary sign shall not exceed 30 days and shall be issued for the following purposes only:
(1)
New business enterprises;
(2)
Celebration of the first anniversary date of a new business
enterprise;
(3)
Business enterprises which have lost the use of an existing
sign by reason of fire or other catastrophe;
(4)
To replace a conforming or legally nonconforming sign during
construction activities related to public improvements that has been
removed in order to improve the public right-of-way, the time limitation
of which shall be established by the Commissioner of Building;
(5)
Limited activities in connection with the principal use or activity
on the premises, for a period; or
(6)
Signs advertising the price of merchandise displayed outdoors,
not exceeding 24 square feet in face area.
B.
No more than two temporary building permits for signs shall be issued
within any calendar year for any business on the premises. Temporary
signs shall not be allowed within multiple developments.
C.
A-frame sign: a portable temporary sign of solid construction, connected
at the top and angled down on either side in the shape of an "A,"
usually with advertisement on two sides; also called a "sandwich board
sign."
(1)
A-frame signs shall not exceed eight square feet in area per
side. Said signs must meet the locational requirements as stated in
this article. Said signs shall not be included in the computation
of sign area.
(2)
A-frame signs may only be displayed during the hours of operation
of the business.
(3)
No other temporary signs can be utilized by a business with
an approved A-frame sign.
Every sign shall at all times be in a safe and structurally
sound condition and maintained by replacement of defective or worn
parts, painting, repainting and cleaning. The Commissioner of Building
shall require compliance with all standards of this article. If the
sign does not comply with adequate safety standards, it shall be removed.
A.
General provisions.
(1)
All signs shall comply with applicable regulations of the New
York State Building Code.
(2)
All electrical signs shall be constructed in accordance with
the standards of the National Electric Code and be UL listed.
(3)
All freestanding signs shall be designed and constructed to
withstand a wind pressure of not less than 20 pounds per square foot
of surface area.
(4)
All signs, including wall-mounted signs, shall be securely anchored
and shall not swing or move in any manner.
(5)
All signs, sign finishes, supports and electrical work shall
be kept clean, neatly painted and free from all hazards, such as but
not limited to faulty wiring and loose supports, braces, guys and
anchors.
(6)
All signs shall be maintained in a condition that will enhance
or maintain the aesthetic quality of the surrounding neighborhood.
B.
Obstruction to safety. No sign shall be erected, relocated or maintained
so as to prevent or obstruct free ingress to or egress from any door,
window or fire escape. No sign shall be attached to a standpipe or
fire escape.
C.
Signs not to constitute traffic hazards.
(1)
No sign shall be erected or maintained in a manner so as to
obstruct free and clear vision or distract the attention of the driver
of any vehicle by reason of the position, shape or color thereof.
(2)
No sign shall be erected or maintained that could be confused
as a traffic sign, signal or controlling device.
D.
Abandoned signs. Except as otherwise provided in this article, any
sign which is located on property which becomes vacant and unoccupied
for a period of three consecutive months or more, or any sign which
pertains to a time, event or purpose which no longer applies, shall
be deemed to have been abandoned. Permanent signs applicable to a
business temporarily suspended because of a change of ownership or
management of such business shall not be deemed abandoned unless the
property remains vacant for a period of six months or more. An abandoned
sign is prohibited and shall be removed by the owner of the sign or
owner of the premises. Failure to remove an abandoned sign shall be
a violation of this article.
E.
Dangerous or hazardous signs.
(1)
No person shall maintain or permit to be maintained on any premises
owned, occupied or controlled by such person any sign which is either
not structurally sound or creates an electrical hazard. Any such sign
shall be removed or repaired by the owner or user of the sign or the
owner of the premises.
(2)
Overhead wires or exposed wires on a sign or its supporting
members are prohibited.
F.
Unlawful signs. No person shall erect on any premises owned or controlled
by such person or use any sign which does not comply with the provisions
of this article.
G.
Street improvement projects. Any sign projecting over a public right-of-way
which was subject to removal or relocation at the owner's expense,
pursuant to a permit or other ordinance of the City, shall be removed
by the owner or altered at the owner's expense to comply with the
regulation of this article if, as the result of or after completion
of a street improvement project, the sign does not or would not comply
with the provisions of this article.
If any section, subsection, phrase, sentence or portion of this
article is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall have no
effect on the validity of the remaining portions hereof.
Any sign that does not conform to the above requirements may be appealed to the Zoning Board of Appeals for a variance pursuant to Article XXII of this chapter and Article 5-A of Chapter 21 of the Consolidated Laws, the General City Law. Upon any such appeal, the proposed sign shall be subject to review by the Planning Board pursuant to Article XXI of this chapter and Article 3 of Chapter 21 of the Consolidated Laws, the General City Law.
