[HISTORY: Adopted by the Town Board of the Town of Clarence 10-3-1973 by L.L. No.
3-1973; amended in its entirety 9-10-2014 by L.L. No.
3-2014. Subsequent amendments noted where applicable.]
The intent of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
signs of all kinds. It is intended to protect property values, restrict
visual blight, and enhance the appearance of the community. It is
further intended to enhance the business environment while protecting
and improving upon the character of the community by reducing the
visual blight and hazards that may be caused by advertising obstructions
and distractions.
The provisions of this section shall apply to all signs in all
zoning districts as established and those amended in the future by
the zoning laws of the Town of Clarence.
A.
Permits required.
(1)
No person, firm or corporation shall hereafter erect, re-erect, construct
or structurally alter a sign or sign structure without a permit first
having been issued by the Planning and Zoning Department.
(2)
Every application for a sign permit shall be accompanied by plans,
to scale, showing the dimensions of the sign, the structure supporting
the sign, the position of the sign in relation to nearby buildings
or structures, the location of the building, structure or lot to which
or upon which the sign is to be attached or erected, the method of
illumination, if any, and such other information as the Planning and
Zoning Department shall require to show full compliance with this
chapter and all other laws and ordinances of the Town of Clarence.
(3)
Acceptable proof of consent to the placing of a sign by the owner
of the building, structure, or premises must be provided with the
application for a permit when the applicant is not the said owner.
(4)
The Planning and Zoning Department shall grant permits for all temporary
signs that conform to the dimensional, locational, and construction
requirements as herein stated. Any permanent sign application shall
be referred to the Sign Review Board for architectural review. The
Sign Review Board may, in its discretion, approve minor variations
(up to 10%) from the sign dimensions contained in this chapter.
(5)
All permanent sign applications are subject to a fifteen-day review
by the Sign Review Board. All permits issued are subject to Town Board
objection until 15 days after approval has been granted by the Sign
Review Board.
B.
Plaza signs.
(1)
All new plaza signs shall be reviewed by the Sign Review Board during
site plan review. Each tenant in a plaza will be allowed one building
sign and one roadway sign that must be contained within one common
tenant freestanding sign. The Sign Review Board will determine the
best location and size of the common tenant sign during site plan
review. The Sign Review Board may review and determine permit applications
if the sign is replacing an existing freestanding sign or common tenant
sign. In no case shall a plaza sign in a commercial, restricted business
or traditional neighborhood zoning district exceed 48 square feet.
(2)
A single wall sign, such as a sign directory, may be used to identify
more than one on-premises establishment. For buildings with multiple
tenants having storefronts only, the facade rented by the tenant shall
be considered as wall area for a sign and must meet the wall sign
standards in this chapter.
C.
Illumination and movement.
(1)
Any illuminated sign or lighting device shall employ only light of
constant intensity.
(2)
No sign shall be placed or be directed so as to permit the sign illumination
to be directed upon a public street, highway, sidewalk or adjacent
premises so as to cause hardship or danger to any person or persons.
(3)
No sign or part thereof shall contain or consist of any pennant,
ribbon, streamer, balloons, spinner or other similar moving, fluttering,
or revolving device. Such devices shall be prohibited even if they
have no message or logo on them. The said devices, as well as strings
of lights, shall not be used for advertising or attracting attention,
whether or not they are part of the sign.
(4)
No sign or part thereof may rotate or move in any direction, except
flag signs as permitted on a temporary basis. Signs that flash, blink
or scroll-change shall not be allowed for safety reasons.
(5)
LED signs must have messages that remain of constant intensity for
at least 30 seconds. No part of an LED sign may move or scroll or
be considered an animated sign.
(6)
In an effort to reduce light pollution, LED signs not located on
Transit Road shall be required to emit a single monochromatic color
on a black, unlit background.
[Added 8-22-2018 by L.L.
No. 7-2018]
D.
Location of signs.
(1)
All permanent signs within the Town of Clarence must maintain a minimum
setback of 10 feet off any roadway right-of-way. All signs must maintain
a minimum side yard setback of 10 feet. Any permanent freestanding
sign must be at least 50 feet from any other.
(2)
A sign placed upon a roof shall abut the roof and shall not be elevated
above the ridge of the roofline on any post, pole, or other elevating
supports.
(3)
No sign shall be located in, nor project into, the public right-of-way.
(4)
No sign shall be placed, painted or drawn upon trees, utility poles,
light poles or standards.
(5)
LED signage shall be limited to freestanding signs only.
[Added 8-22-2018 by L.L.
No. 7-2018]
E.
Off-premises and billboard signs.
(1)
The Town of Clarence prohibits off-premises and billboard signs.
The Town of Clarence will allow off-premises signs without a permit
that are associated with community activities or any not-for-profit
activity directing the public to such activity, provided that they
do not exceed eight square feet in area and are in place for no greater
than a sixty-day period. Temporary signs directing traffic to seasonal
agricultural products, less than 16 square feet in area per side,
will also be allowed without a permit. Such signs shall not be placed
within a public right-of-way.
(2)
Any freestanding sign over 60 square feet will not be permitted at
any location within the Town of Clarence except in shopping plazas
as approved by the Sign Review Board.
F.
Secondary building signs.
(1)
On commercial buildings with rear or side orientation to a shopping
plaza or mall parking lot or any other public access area, a rear-or
side-facing sign shall be allowed with the name of the business and
its logo only. Such signs must meet the dimensional requirements of
this chapter.
(2)
The secondary signs must be removable and mounted flat against the
rear or side of the building. Painting signs on a building is prohibited.
G.
Multiple residences or apartment developments.
(1)
For multiple residences or apartment developments, one sign advertising
the availability of residential units will be permitted, provided
that the sign does not exceed four square feet.
(2)
One freestanding sign that identifies the apartment complex or multiple-family
residence will be allowed, provided that the sign does not exceed
20 square feet in area.
H.
Public utility signs. Signs necessary for the identification, operation
or production of a public utility, not exceeding 32 square feet, may
be erected on the premises of such public utility.
I.
Residential subdivision project signs. For residential subdivisions
or projects, one sign that identifies the project by name and address
may be erected near the principal entrance. The one sign shall not
exceed 32 square feet. The location of the sign shall be approved
as part of the site plan review by the Sign Review Board.
J.
Insurance. Security shall be made, in a manner and amount satisfactory
to the Town Board, in the event that a sign projects over or above
any public walkway, driveway or road, to protect the Town of Clarence
from any and all claims for damages or injuries caused to persons
or property by such sign.
K.
Number of signs. Any business establishment within a commercial zone
may have both one wall sign and one freestanding sign. Businesses
located in a shopping mall shall utilize a common tenant sign as reviewed
and approved by the Sign Review Board.
L.
Fees.
(1)
A fee schedule for permanent and temporary signs across all sign
districts shall be established by resolution of the Town Board. Sign
fees shall be reviewed periodically and may be amended by resolution
of the Town Board.
(2)
Temporary signs not removed at the end of the permit period will
cause the applicant to be charged $25 per day as a civil penalty.
The failure to remove said signs shall also remain subject to any
and all other enforcement provisions of this chapter.
M.
Nonconforming signs.
(1)
Every sign not conforming to the regulations of the district in which
it is located at the time of adoption of this chapter shall be nonconforming.
(2)
A nonconforming sign may not be rebuilt except in conformity with
the regulations for the district in which it is located.
(3)
All signs that are nonconforming by reason of size, height, location,
illumination or changeable copy must be removed or brought into compliance
at such time as the sign is replaced.
(4)
A nonconforming sign may only be altered by a new face panel, updated
illumination or changeable copy in conformity with the zoning district
in which the sign is located. Any changes to exterior dimensions would
constitute a rebuild and therefore be subject to conformity with current
regulations within the zoning district in which the sign is located.
(5)
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring of any nonconforming sign declared unsafe by a duly designated
official to a safe condition.
(6)
Nothing in this chapter shall be deemed to prevent, without proper
permit, the reconstruction of a nonconforming structure to its original
configuration when destroyed by fire or act of God and with review
and approval by the Zoning Board of Appeals.
(7)
Whenever an area is changed from a zoning district of one classification
to a zoning district of a different classification or amendments are
adopted that change regulatory measures governing signs, the above
regulations shall apply to nonconforming signs created by such transfer.
A.
Major Arterial Zoning District. The Major Arterial District is designed
to encourage large, dense commercial development in an area of Town
that can adequately accommodate a high volume of automobile traffic.
This sign area will encourage business promotion/advertising while
reducing visual clutter and distraction.
(1)
One freestanding sign shall be permitted on any parcel. The total
area for a freestanding sign shall not exceed 60 square feet per side.
A single freestanding sign may be used to identify more than one on-premises
establishment.
(2)
The total area for the changeable-copy portion of a freestanding
sign may not exceed 21 square feet in area per side.
(3)
A single-owner automobile dealership with multiple national franchises
operating on an individual parcel may have additional freestanding
signs. One sign per each 300 linear feet of frontage along the principal
facade of the automotive dealership may be erected. Contractual requirements
of franchise operations will be considered if presented in writing.
(4)
No freestanding sign shall exceed 20 feet in height. All freestanding
signs must have a front setback line of at least 40 feet from any
roadway right-of-way. The side yard setback will be a minimum of 10
feet.
B.
Commercial Zoning District. The Commercial and Restricted Business
Zoning Districts are designed to encourage high-quality development
while maintaining the traditional character of the Clarence commercial
corridors away from Transit Road. Freestanding signs shall match the
architectural style of the structures they identify to promote a classic,
understated business corridor.
(1)
Any business within said sign district may have a freestanding sign
that is architecturally complementary to the building it is representing.
Pole signs are prohibited in this sign district. Monument signs shall
not exceed 32 square feet in area.
(2)
All signs must be set back a minimum of 10 feet from any roadway
right-of-way and 10 feet from a side yard lot line.
(3)
Any freestanding sign shall not exceed 12 feet in height. No sign
may be located as to create a visual obstruction from a public road
entrance or egress or distraction to drivers on an adjoining public
road.
(4)
The total area for the changeable-copy portion of a sign shall not
exceed 10 square feet in area per side.
(5)
Externally illuminated signs are preferred. Internally illuminated
signs are permitted in certain circumstances as follows:
[Amended 3-11-2020 by L.L. No. 2-2020]
(6)
Plaza signs shall be limited to 48 square feet to maintain the character of the area. (See § 181-2B.)
(7)
Parcels zoned Industrial Business Park will comply with the commercial
zoning sign criteria.
C.
Restricted Business Zoning District. The Commercial and Restricted
Business Zoning Districts are designed to encourage high-quality development
while maintaining the traditional character of the Clarence commercial
corridors away from Transit Road. Freestanding signs shall match the
architectural style of the structures they identify to promote a classic,
understated business corridor.
(1)
Any business within said sign district may have a freestanding sign
that is architecturally complementary to the building it is representing.
Pole signs are prohibited in this sign district. Freestanding signage
located in the Restricted Business Zone shall be limited to a monument
sign with the following standards: having a low profile no greater
than 8.5 feet, where the base of the sign structure is situated on
the ground; or where the sign face is located a maximum of 24 inches
above the lowest point of the ground adjacent to the sign, as supported
by two posts or columns and supplemented with perennial vegetation.
No sign may be located so as to create a visual obstruction from a
public road entrance or egress or distraction to drivers on an adjoining
public road. Monument signs shall not exceed 32 square feet in area.
(2)
All signs must be set back a minimum of 10 feet from any roadway
right-of-way and 10 feet from a side yard lot line.
(3)
The total area for the changeable-copy portion of a sign shall not
exceed 10 square feet in area per side.
(4)
Externally illuminated signs are preferred. Internally illuminated
signs are permitted in certain circumstances as follows:
[Amended 3-11-2020 by L.L. No. 2-2020]
D.
Traditional Neighborhood Zoning District. This district includes
the hamlets of Clarence Hollow, Clarence Center, Swormville, Wolcottsburg
and Harris Hill districts for sign law administration. The intent
of this sign district is to encourage a small-town, historic-style
business district that limits large-scale, out-of-character signage
and encourages a walkable, pedestrian-friendly environment. Freestanding
signs shall match the architectural style of the structures they identify
to promote the traditional character of this district.
(1)
All signs in this sign district must be made of complementary material
and must architecturally form to the building on which they are going
to be attached and/or representing.
(2)
Permanent freestanding signs can be no larger than 20 square feet
in area. Any freestanding sign shall be located a minimum of 10 feet
from any front or side lot line and shall not be higher than 10 feet
from average grade.
(3)
Awning signs or projecting wall signs under 16 square feet may be allowed after review by the Sign Review Board and provided that all conditions of projecting wall signs as stated in § 181-5F below have been met.
(4)
Externally illuminated signs are preferred. Internally illuminated
signs are permitted in certain circumstances as follows:
[Amended 3-11-2020 by L.L. No. 2-2020]
(5)
LED signs shall be prohibited except for gas price display panels.
E.
Residential Single-Family, Agricultural Flood Zone and Agricultural
Rural Residential Zoning Districts. The intent of the agricultural/residential
sign districts is to maintain the visual quality of the Town's residential
areas.
(1)
One sign, not exceeding four square feet in size, shall be permitted
for residences with an approved business or professional activity
conducted on the premises.
(2)
Community institutions, such as places of worship, libraries, museums,
social clubs or societies, may erect on such premises one freestanding
sign not exceeding 32 square feet in size.
(4)
No illuminated signs shall be allowed.
(5)
LED signs shall be prohibited.
A.
Permitted temporary signs.
(1)
Temporary signs are allowed within all sign districts, provided that
the applicant has obtained a permit from the Planning and Zoning Department.
Temporary signs may be a maximum of 32 square feet in area. Signs
constructed of a fabric material are allowed if securely fastened
to a permanent surface or sign structure.
(2)
Temporary A-frame signs shall not exceed eight square feet in area
per side. Said signs must be used during business hours. One said
sign will be allowed per tenant in a plaza containing more than one
commercial entity. No sign shall be permitted in any roadway right-of-way.
An annual (three-hundred-sixty-five-day) permit will be issued for
each sign upon approval by the Sign Review Board. Temporary A-frame
signs are not permitted within Residential Single-Family, Agricultural
Flood Zone and Agricultural Rural Residential Zoning Districts.
(3)
Temporary roadside signs must be separated a minimum of 100 feet
from each other. All temporary signs may be permitted if the dimensional,
location, and construction requirements are met for the district that
applies.
(4)
Temporary signs will be granted a time limit of 30 days. A business
may have a temporary sign not exceeding 60 days per year.
(5)
Temporary LED signs shall only be allowed in the Major Arterial Sign
District in accordance with the provisions of this chapter.
(6)
Temporary flag signs shall be permitted with the following conditions;
any flag must be separated a minimum of 100 feet from any other flag
on the property. The flagpole and/or flag may not exceed 10 feet in
height from ground level. A flag must not exceed 32 square feet in
area. Flags must be situated within the parcel on which the business
is located. Flags shall not be placed within the public right-of-way
nor be closer than 10 feet from any drive approach to maintain visibility
for cars entering/exiting a parking lot or driveway. Flags are not
permitted in residential zones. An applicant seeking approval for
a flag must provide a survey showing the proposed flag location, as
well as a diagram depicting the overall size, area and type of flag.
B.
Special event signs.
(2)
Temporary signs announcing the event must be freestanding and located
so as not to create a visual obstruction and may not be attached to
utility poles, street signs, or existing structures in the right-of-way.
C.
Commercial event sales. Signs for a commercial event sale must be
approved through the Planning and Zoning Department. Decisions against
any sign permit may be appealed to the Sign Review Board. Temporary
sign fees apply for these events.
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 Electrical Code.
(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, including 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.
(7)
Directional signs on a premises. Such signs shall be exempt from
the permit requirements of this chapter but shall not exceed eight
square feet in area.
(8)
Landscaping of the base of any freestanding sign shall be required,
unless there is a demonstrated hardship. Furthermore, landscaping
shall be maintained, to include replacement of dead or dying vegetation
on an annual basis.
B.
Materials and colors. Any materials and colors used in the construction
or maintenance of all signs must be of complementary character to
the principal building and the subject property. Sign district specifications
may be included to govern the construction of signs. All materials
and coloring schemes shall maintain or enhance the appearance of the
neighborhood. The sign support structure shall be clad in stone or
brick or similar materials to the extent practicable, as approved
by the Sign Review Board. Painting a sign on a building is prohibited.
C.
Obstruction to safety. No sign shall be erected, relocated or maintained
so as to prevent or obstruct free ingress to or egress from any walkway,
door, window or fire escape. No sign shall be attached to a standpipe
or fire escape.
D.
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 of roadways or driveways and the safe egress
from all roadways or distract the attention of the driver of any vehicle
by reason of 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.
(3)
Signs with text that changes more frequently than every 30 seconds
and signs that flash, blink or scroll-change shall not be allowed
for safety reasons.
E.
Mirror or fluorescence. No sign shall, in its construction, employ
any mirror or mirror-like surface nor any day-glowing or other fluorescent
paint or pigment.
F.
Wall sign standards.
(1)
Wall signs shall not extend beyond the ends or over the top of the
walls to which they are attached and shall not extend above the first-floor
level of the building.
(2)
Wall signs shall not extend more than six inches from the face of
the buildings to which they are attached, except for some electrical
wall signs which are allowed to exceed 14 inches from the face of
the building. Traditional Neighborhood Districts will allow hanging
wall signs or awning signs that do not exceed 16 square feet in area
and that meet all other requirements of this chapter.
(3)
One wall sign per establishment shall be permitted, unless that establishment has street frontage on more than one side, in which case one will sign will be permitted for each side of the structure that has street frontage. Additional signs must meet secondary sign requirements as stated in § 181-2F above.
(4)
The total area for wall signs shall not exceed the lesser of 15%
of the total area of the one building facade upon which the sign is
placed or 100 square feet in a Commercial or Traditional Neighborhood
Zoning District. In a Major Arterial Zoning District, the total area
of a wall sign may be up to 500 square feet.
H.
Roof sign standards.
(1)
A roof sign must be installed in a plane parallel to the wall of
the facade of the building which the roof covers. In no case shall
a roof sign extend above the ridge of the roof.
(2)
The bottom portion of the roof sign, except for certain electrical
signs, shall not extend more than six inches from the roof surface.
Electric signs may extend up to 14 inches.
I.
Two-sided signs. A sign legible from two sides and having faces in
parallel planes shall be considered one sign. Each side of such sign
shall be permitted the square-foot display area hereinafter set forth.
The following signs do not require permits but must conform
to the requirements as specified below:
A.
Historical markers, tablets, statues, memorial signs and plaques;
names of buildings and dates of erection when cut into any masonry
surface, bronze, stainless steel, or similar material; and emblems
installed by governmental agencies or religious or nonprofit organizations,
not exceeding six square feet.
B.
Flags and insignia of any government, except when displayed in connection
with commercial promotion.
C.
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances, exits
and similar signs, internally illuminated or nonilluminated and not
exceeding eight square feet per face. Business names and logos may
be allowed with Sign Review Board approval. Directional signs shall
not extend more than six feet in height above finished grade and shall
not be located in the public right-of-way.
D.
Nonilluminated "warning," "private drive," "posted" or "no trespassing"
signs not exceeding two square feet in area.
E.
One on-premises wall sign, in connection with any residential building
in any district, for permitted professional offices or home occupations,
not exceeding four square feet in area. Such sign may state name and
vocation only.
F.
Street number and nameplates identifying residents, mounted on a
house, apartment or mailbox, and not exceeding 1 1/2 square feet
in area.
G.
Lawn signs identifying residents, not exceeding 1 1/2 square
feet in area. Such signs shall not be illuminated except by a light
which is an integral part of a lamppost, if used as a support, with
no advertising message thereon.
H.
Private-owner merchandise sale signs for garage sales and auctions,
not exceeding four square feet, for a period not exceeding 10 days.
Such signs shall not be attached to utility poles, trees, or any other
man-made or natural off-premises structure. All garage sale signs
will meet the applicable temporary sign requirements of this chapter.
I.
Temporary, nonilluminated "for sale," "for rent," and real estate
signs and signs of a similar nature concerning the premises upon which
the sign is located. Each sign shall not exceed 16 square feet in
a residential sign district and 32 square feet in a business sign
district. All such signs shall be removed one week after the sale,
lease, or rental of the premises.
J.
One temporary sign for a roadway stand selling agricultural produce
grown on the premises in season, provided that the sign does not exceed
32 square feet in area. Seasonal off-premises signs advertising agricultural
produce may be allowed if they are under 16 square feet in area and
are freestanding.
K.
Holiday decorations, including lighting, are exempt from the provisions
of this chapter.
L.
A sign attached to gasoline pumps, not to exceed two square feet
in area, on a premises where retail gasoline is sold.
M.
Temporary, on-premises directional signs for meetings, conventions,
and other assemblies, not exceeding eight square feet. Signs must
be removed after the event.
N.
One sign, not exceeding 16 square feet in all sign districts, listing
the architect, engineer, contractor and/or owner, on premises where
construction, renovation, or repair is in progress. Signs must be
removed after the event.
O.
Political posters and signs, not exceeding 16 square feet in the residential sign district nor 32 square feet in nonresidential sign districts. Such signs shall be allowed 30 days prior to a special election or political event, provided that they meet the restrictions in § 181-4B(2) above. All signs shall be removed within one week after the election or political event. Signs shall not be placed in the public right-of-way.
P.
Signs erected by a governmental entity in order to fulfill the duties
and administration of said entity. Exempt signs may include, but not
be limited to, traffic control devices, including temporary detour
signs, the posting of rules and regulations, directional signs for
governmental offices, and similar such signs.
[Amended 3-11-2020 by L.L. No. 2-2020]
An applicant shall have the right to petition the Planning Board
of the Town of Clarence in the event of a denial of the right to place
or erect a sign within the Town of Clarence, whether by permit or
otherwise. The Planning Board of the Town of Clarence, after public
notice and a hearing, may approve, deny, or vary/modify the application
of this chapter in harmony with its general purpose and intent.
A.
Penalties for offenses. Failure to comply with any provisions of
this chapter shall be deemed a violation, and the violator shall be
liable to a fine. For a first offense, a violator will be subject
to a fine of not less than $100. A second offense and any others thereafter
shall be subject to a fine of not less than $250 or imprisonment for
not more than 15 days. Each day such violation occurs or continues
shall constitute a separate violation, accruing the given penalty
for each day.
B.
Revocation of permit.
(1)
If a sign authorized under any such permit has not been completed,
erected or placed within six months from the date of the issuance
thereof, such permit shall become null and void but may be renewed
within 30 days of the expiration thereof for good cause shown and
upon the payment of an additional fee of $10 as determined by the
Town Board.
(2)
If a sign authorized under any such permit has been completed, erected
or placed other than in conformance with all terms and conditions
of the application and permit, the Planning and Zoning Department
shall give written notice to the owner of the sign, building, or premises
to which it is attached, specifying the violation and directing conformance.
The sign shall thereupon be modified to conform to the permit or removed
within 10 days from the date of such notice. In the event that the
sign is not modified or removed in 10 days, the Planning and Zoning
Department shall revoke the permit, and such sign shall be removed
by the owner or, upon order of the Town Board, by the Planning and
Zoning Department, with the owner paying all removal costs.
C.
Absentee businesses. Any sign that advertises a business or operation
no longer conducted or a product no longer sold on the premises shall
be removed by the owner of the premises upon which said sign is located
after written notice specifying a sixty-day compliance period. Upon
failure to correct, the Planning and Zoning Department shall remove
or cause to be removed said sign and shall cause to be assessed against
all property all costs and expenses incurred.
D.
Unsafe or insecure signs.
(1)
If the Planning and Zoning Department finds that any sign or other advertising structure regulated herein is unsafe or insecure or is a menace to the public or is in violation of the construction and maintenance provisions of this chapter, it shall give written notice to the permitted agent thereof. Any sign that is unsafe, insecure, or in any way endangers the public shall be reported to the owner of the premises upon which such sign is located. If said sign is not repaired or removed to the reasonable satisfaction of the Planning Department in 10 days, the Planning and Zoning Department shall revoke the permit, if any, and may cause said sign to be removed in the manner provided in § 181-8B above. If the permitted agent fails to remove or alter the structure so as to comply with the standards within 10 days after such notice, such sign shall be removed or altered to comply with this chapter at the expense of the permitted agent or owner of the property upon which it is located.
(2)
The Planning and Zoning Department shall refuse to issue a permit
to any permitted agent who refuses to pay costs so assessed.
For the purpose of this chapter, the terms used herein are defined
and shown in this illustration[1] as follows:
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."
Any sign that uses movement or change of lighting to depict
action or create a specific effect or scene.
Advertising displayed on an overhanging structure supported
with braces that attach to the main building and that projects over
a walkway for weather protection.
A piece of cloth or other material that is a separate entity
from the building, either attached directly to the building or hung
on posts, cables, wires or poles, and either blank or bearing a sign
outside of the building. National flags, state or municipal flags
or the official flag of any institution shall not be considered banners.
A sign that exceeds 60 square feet in area, usually located
alongside a roadway, except for plaza signs as approved by the Planning
Board.
A sign that contains a message, text or graphics that can
be changed intermittently, either manually or electronically, to display
a different message.
Activities conducted by existing and permitted commercial,
retail and similar uses, located within the commercial and major arterial
zones, which utilize space outside of an approved commercial/retail
building in the required yard space and/or parking facilities of such
buildings. Such sales shall include, but are not limited to, sidewalk
sales, tent sales, grand openings, going-out-of-business sales, holiday
sales and similar activities.
Any area that is designated in the Commercial District, the
Restricted Business District and the Industrial Business Park District
on the Official Zoning Map of the Town of Clarence.
A freestanding sign designed to accommodate all roadway signage
for plaza tenants and business owners.
A sign located on premises and used to direct traffic to
a business.
Includes build, construct, alter, display, relocate, attach,
hang, place, suspend, affix or maintain any sign, and shall also include
the painting of exterior wall signs. This includes murals or wall
billboards.
The surface area on a sign where advertising copy is displayed.
A flag is a sign attached to a pole that has characters,
letters, illustrations or ornamentations applied to a cloth, paper,
fabric or other lightweight material and is suspended so that it is
actuated by wind.
Animated signs or animated portions of signs with illumination
that is characterized by a repetitive cycle in which the period of
illumination is either the same as or less than the period of nonillumination.
Any sign not attached to or part of any building, but separate
and permanently or temporarily affixed by any other means in or upon
the ground.
Any sign which is suspended from or supported by a building,
other structure or sign and which does not lie parallel to or within
the plane of the building, structure or sign structure. (See diagram
at the end of the definitions.)
Any sign lighted by electricity, gas or other artificial
light, including reflective or phosphorescent light. Such light, when
permitted, shall conform to all requirements of the National Board
of Fire Underwriters.
Light-emitting diodes, differing from incandescent bulbs
because a variety of colors can be emitted from the same bulb without
using filters; has the ability to display scrolling or flashing messages
as well as a variety of colors. This definition includes electronic
message boards, liquid crystal displays, digitized signs or sign parts,
variable electronic message centers and similar electronic displays.
Any light, string of lights or group or movement of lights
located or arranged so as to cast illumination on and draw attention
to a sign or to a person, activity or business.
Any area designated in the Major Arterial Zoning District
on the Official Zoning Map of the Town of Clarence.
A permanent sign of solid construction with dual architecturally
complementary pillars or posts supporting a sign/advertisement area
between said posts or pillars. (See diagram at the end of the definitions.)
Any sign that is erected for the life of business activities
at a given location for at least 60 days.
Any building which has received a certificate of occupancy
from the Building Department for its current use.
Two or more retail businesses and/or commercial operations
having one or more common walls or utilizing the same parking area
or areas, accessways or outdoor lighting systems.
Any sign that is attached to a single pole or similar structure
that conforms with the construction and maintenance section of this
chapter. (See diagram at the end of the definitions.)
Any sign that is not permanently attached to a structure
or the ground and can be moved with relative ease.
Any sign related to a business or activity conducted or a
commodity or service sold or offered for sale upon the premises where
the sign is located. The primary sign shall be the most predominantly
featured for advertising purposes. Only one primary sign per business
shall be allowed to be placed on any permitted building.
Any state-, county-, or Town-owned land for the purposes
of public transportation.
Any sign related to a business or activity conducted or a
commodity or service sold or offered for sale upon the premises where
the sign is located. The secondary sign shall be subordinate to the
primary sign and shall be located at the side or rear of the building
on site. Secondary signs shall only be allowed in instances where
a second side of a permitted building faces a public parking lot,
street, highway, or accessway. Only one secondary sign is allowed
per business that has a public parking lot, street, highway or accessway.
Any material, structure or device, or part thereof, composed
of lettered, painted or pictorial information which, when used and
located out-of-doors, displays an announcement, notice, directional
matter or a name and which is either permanent, temporary, mobile
or portable; includes sign frames, illuminated signs, projecting or
ground signs and any illustration or insignia used to advertise or
promote the interests of any person, activity or business when the
same is placed in view of the public.
The agency designated by the Town Board to review and approve
sign permit applications. The Sign Review Board shall be three Planning
Board members, consisting of the Planning Board Chairperson (or Vice
Chairperson in his or her absence) and two other Planning Board members.
Any part of a sign that does not specifically advertise but
may act as a frame, support, guy, brace, pole, or similar structure.
Community-wide events not otherwise associated with a commercial
entity. Such activities shall include, but not be limited to, craft
fairs, trade shows, circus or carnival events, holiday or seasonal
events, parades, demonstrations and other similar community-wide attractions/events.
Any sign that is erected for a time period not to exceed
30 days and that announces a special event or sale.
The areas designated in the Traditional Neighborhood Zoning
District on the Official Zoning Map of the Town of Clarence.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the support structure
for or forms the background surface of the sign, and such sign does
not project more than 12 inches from such building or structure.
[1]
Editor's Note: See the illustration at the end of the definitions.
If any section, subsection, phrase, sentence or portion of this
chapter 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.