All signs permitted in the Town of Stony Point
shall comply with the requirements and procedures as set forth in
this article. The installation of signs is important for advertising,
direction, identification and warnings; however, such signs should
not impede the aesthetics of the Town of Stony Point. Thus, the following
regulations provide guidance as to the requirements and procedures
for the installation of signs.
This article shall be known and may be cited
hereinafter as the "Signs Law of the Town of Stony Point."
It is the intention of the Town Board of the
Town of Stony Point, by the adoption of this article, to regulate
the posting and display of signs on property within the Town of Stony
Point in pursuance of and for the purpose of securing and protecting
the public health, comfort, convenience, safety and welfare and preserving
the peace, good order and physical appearance of the Town of Stony
Point and its inhabitants. The Town Board finds that the streets,
highways and other areas of the Town are becoming increasingly cluttered
with signs that are interfering with the natural beauty and traffic
safety of the Town. The substantial possibility exists of a proliferation
of such signs in the Town over extended periods of time with the attendant
pedestrian, vehicular traffic safety, litter, structural and other
hazards as well as loss of meaning of the message conveyed by said
signs. It is the purpose of this article to protect the general public
from the hazards of flying paper or cloth, general debris and litter
and the destruction of or injury to property and property rights.
Except as specifically exempted in this article,
no sign shall hereinafter be erected, reerected, constructed, enlarged
or altered without a sign permit. No sign permit shall be issued except
as shown on an approved site development plan or sign plan. Where
only the sign-display portion of a validly erected sign is being changed,
no sign permit is required.
As used in this article, the following terms
shall have the meanings indicated:
PUBLIC PROPERTY
Any Town, county, state or federal property, road or right-of-way
located in the Town of Stony Point.
SIGN
Any material structure or device or part thereof composed
of lettered or pictorial matter which is located out-of-doors or on
the exterior of any building or indoors as a window sign, displaying
an advertisement, announcement, notice or name and shall include any
declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when such is placed in view of the general public.
SIGN, ANNOUNCEMENT
Any sign used to announce the use of the lot or direction
or location of buildings and structures on the lot for an office,
home occupation place of worship, charitable or other institutional
use.
[Amended 4-27-2021 by L.L. No. 4-2021]
SIGN AREA
Each side of a sign shall be counted separately for square
footage determinations.
SIGN, AWNING
Any visual message incorporated into an awning attached to
a building.
SIGN, BUSINESS IDENTIFICATION
A sign containing the name of the establishment and information
on the business conducted therewith but specifically excluding phrases
directing an action (i.e., "stop," "buy," "eat").
SIGN, DIRECTORY
A listing of two or more business enterprises, consisting
of a matrix and sign components.
SIGN, DISPLAY
A display or legend, including but not limited to letters,
words, logos and insignia, that is used as or presented as an announcement
or identification.
SIGN, FLASHING
Any illuminated sign on which the artificial light is not
maintained stationary and constant in intensity and color at all times
when in use.
SIGN, FREESTANDING
Any sign not attached or part of any building but separate
and permanently affixed by any other means, in or upon the grounds;
included are pole signs, pylon signs and masonry wall-type signs.
SIGN, ILLUMINATED
Any sign illuminated by electricity, gas or other artificial
light, either from the interior or exterior of the sign, and which
includes reflective and phosphorescent light.
SIGN, LED
Any sign that uses the movement of light-emitting diodes
as pixels to display a message.
[Added 2-28-2017 by L.L.
No. 1-2017]
SIGN, MONUMENT-TYPE
A freestanding sign constructed on ground level, not more
than four feet above average finished grade, set back a minimum of
10 feet from the designated street line. Signs shall only identify
the occupant or use of the property. It may identify a retail center
by name but shall not list individual businesses.
SIGN PLAN
A plan depicting the size, location, materials and content
of a sign, which plan shall be the sole permitted display for any
sign subject to the Site Development Plan Rules and Regulations and this chapter.
SIGN, PROJECTING
A sign that is attached to the building wall or structure
and which extends horizontally more than 15 inches from the plane
of such wall or a sign that is perpendicular to the face of such wall
or structure.
SIGN, SHOPPING CENTER IDENTIFICATION
For a permitted shopping center, a sign containing the name
of the shopping center and the names of tenants, each of which comprises
more than 1/3 of the total floor space of the center, but no
other business, and for which no other business signs are visible
on the same frontage.
SIGN SURFACE AREA
The entire area within a single, continuous perimeter enclosing
all elements that form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background for the display. Both faces
of a double-faced sign shall be included as surface area of such a
sign.
SIGN STRUCTURE
The supports, uprights, bracing and framework for the sign.
In the case of the sign structure consisting of two or more sides
where the angle formed between any two of the sides of the projections
thereof exceeds 30º, each side shall be considered a separate
sign structure.
SIGN, TEMPORARY
A sign related to a single activity or event having a duration
of no more than 30 days or a political sign posted for the permissible
durations set forth herein.
SIGN, WALL
A sign that is painted on or attached to the outside wall
of a building, with the face of the sign in the plan parallel to such
wall and not extending more than 15 inches from the face of each wall.
SIGN WALL AREA
The area of a building wall (not exceeding 20 feet above
ground level in residential districts and 30 feet in all other districts)
measured in the plane of the street frontage, including windows and
doors.
SIGN, WINDOW
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material or located inside
within four feet of the window, but not including graphics in connection
with customary window display of products.
[Amended 4-27-2021 by L.L. No. 4-2021]
The following types of signs may be erected
and maintained without permits or fees, provided that such signs comply
with the general requirements of this article and other conditions
specifically imposed by the regulations:
A. Historical markers, tablets and statues, memorial signs and plaques;
names of buildings and dates of erection when cut into any masonry
surface or when constructed of bronze, stainless steel or similar
material; and emblems installed by government agencies, places of
worship or nonprofit organizations, not exceeding four 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 and
exits, and similar signs, as shown on an approved site development
plan or installed pursuant to order of traffic control agencies and
conforming to the Manual of Uniform Traffic Control Devices, New York
State Department of Transportation.
D. Nonilluminated warning, "private drive," "posted" or "no trespassing"
signs, not exceeding two square feet per face and not more than one
sign per 100 feet of street frontage.
E. One on-premises sign, either freestanding or attached, in connection
with any residential building in any zoning district, for an approved
home professional office or home occupation or residential gathering
place, not exceeding four square feet and set back at least 10 feet
from the designated street line. Such sign may state name and vocation
only.
F. Numbers and nameplates identifying residents, mounted on house or
mailbox, not exceeding one square foot in area.
G. Private-owner merchandise sale sign for garage sale or auction, not
exceeding four square feet on the owner's property only for a period
not exceeding seven days.
H. Not more than one temporary nonilluminated "for sale" or "for rent"
real estate sign concerning the premises upon which the sign is located;
in a residential zone, one sign not exceeding 15 feet and, in a nonresidential
zone, one sign not exceeding 30 square feet in area total of all sides;
and set back at least 10 feet from designated street lines. All such
signs shall be removed within three days after the sale, lease or
rental of the premises.
I. Real estate signs advertising an open house for the resale of residential
property upon the condition that the signs are not put up until the
morning of the open house and are removed within two hours after the
open house ends. A temporary permit is necessary to display an "open
house" sign for new homes in a subdivision when the "open house" sign
will remain for more than one day, and the sections of this article
relating to temporary signs will apply.
J. Temporary window signs and posters not exceeding 50% of the total
area of glass fronting a street.
K. At gasoline service stations:
(1) Integral graphics or attached price signs on gasoline pumps.
(2) Two auxiliary per station, each not exceeding two square feet.
L. Directional signs for meetings, conventions and other assemblies.
M. One sign, not exceeding six square feet in residential districts
nor 16 square feet in the commercial districts, listing the architect,
engineer, contractor and/or owner, on premises where construction,
renovation or repair is in progress.
N. Painting, cleaning, change of lettering and other normal maintenance
and repair of a sign or sign structure unless a structural change
is made.
O. One indirectly illuminated bulletin board or other announcement or
identification sign for schools of general or special instruction
or places of worship, with an area of not over 12 square feet, provided
that such sign is located on the institution's property and not nearer
than 20 feet to any street or property line or is attached to the
building if closer.
P. Not more than one identification sign for each tenant on the premises
on each wall fronting on a street, provided that:
(1) The area, in square feet, of any signs on any wall shall not be greater
than two times the width, in feet, of the storefront or commercial
establishment to which the sign refers.
(2) Such sign or signs shall be parallel to the face of the building,
and no part thereof, including any illuminating devices, shall project
more than 12 inches beyond the face of the wall to which applied nor
any distance beyond or above the building in any other direction.
(3) Such sign or signs shall be placed so as not to obliterate, conceal
or destroy architectural and decorative trim and cornices immediately
above first-floor storefronts or on above stories, including at parapets
and rooflines.
The following signs are prohibited:
A. Signs illuminated by or containing flashing, intermittent,
rotating or moving lights except to show time and temperature.
B. Exterior advertising signs and billboards.
C. Signs representing or depicting to any degree official
traffic signs or signals.
D. Signs of a prurient nature or advertising businesses,
commodities or service of a prurient nature or any unlawful business
or undertaking.
E. Exterior signs made of cardboard, paper, canvas or
similar impermanent material.
F. Signs mounted on parked vehicles or trailers or other
similar mobile advertising media.
G. A sign attached to a building extending more than
three feet from the building wall, and no sign or sign support shall
be placed upon the roof of any building. A sign must not encroach
or extend over another's property.
H. Signs that emit noise, sound or smoke.
I. Animated signs, whether by mechanical or electrical
processes, including signs with banners, streamers, spinners or other
paraphernalia attached to or associated with such signs.
J. Signs which project over the street or on public properties.
K. Illuminated signs on residentially zoned properties.
L. Signs that compete for attention with or may be mistaken
for a traffic signal.
M. Signs placed by agencies of the government erected
on any public property unless consent is first obtained from the Town
Board of the Town of Stony Point.
N. Signs placed or painted on any tree, rock or natural
features or utility poles, bridges, culverts, towers or similar structures;
and signs placed on any utility pole except for utility identification
or similar purposes.
The following may be permitted by a special
permit of the Town Board:
A. The outlining by direct illumination of all or any
part of a building, such as a gable, roof, side wall or corner.
B. Direct illumination, provided that no glare is visible
on adjoining residential property and provided that the lighting does
not create a distraction for motor vehicle drivers.
Any person, firm or corporation, whether as owner, lessee, agent or employee, who proceeds to erect, reerect, construct or structurally alter any sign without first applying for and obtaining the necessary permit or who in any other way violates any provision of this article shall be liable to penalties as imposed in §
215-58 of this article.
Where the Planning Board finds that, because
of special circumstances of a particular site, extraordinary difficulties
may result from strict compliance with these regulations, it may adjust
the regulations so that substantial justice may be done and the public
interest secured, provided that any such adjustment will not have
the effect of nullifying the intent and purpose of these regulations.
In granting any adjustment, the Planning Board shall attach such conditions
as are, in its judgment, necessary to secure substantially the objectives
of the regulations so adjusted.