A.
The purpose of this article is to provide standards to safeguard
life, health, property and public welfare by controlling the number,
location, construction, installation, illumination and maintenance
of all signs and sign structures in the Town of Penfield.
B.
It is further the purpose of this article to regulate all signs by
controlling the quality and quantity of signs so as to provide for
the identification of the various business and professional enterprises
in the Town, while at the same time maintaining and improving the
visual quality of the community.
After the effective date of this article and except as otherwise
herein provided, no person shall erect, enlarge or structurally alter
any sign without first obtaining a permit therefor from the authorized
official. Application for the permit shall be made according to the
following regulations:
A.
Applications for sign permits shall be made in writing to the authorized
official by the owner, lessee or erector and be accompanied by materials
the authorized official may deem necessary, such as, but not limited
to: a scale drawing showing dimensions, proposed design, the legend,
colors, materials, structural details and a tape or plot location
map delineating the location of buildings, parking areas, other signs
on the same property, frontage of each unit, and/or any fences or
other obstructions in relation to the designated location of the proposed
sign. Applicants shall show written approval from the owner of the
property for such sign permits.
B.
It shall be the duty of the authorized official, upon filing of an
application for a permit to erect, enlarge or structurally alter a
sign, to examine such plans, specifications and, if necessary, the
building or premises upon which the sign is proposed to be erected.
If it shall appear that the proposed sign is in compliance with all
the requirements of this article and all other regulations of the
Town of Penfield, the authorized official shall issue a permit for
the proposed sign.
A.
Applications for signs which are not permitted under this article shall be made in writing to the authorized official. The authorized official may issue a permit for such a sign only after the Zoning Board of Appeals or the Town Board, in the case of the Four Corners and LaSalle's Landing Districts, approves a special use permit for such a sign. Upon referral of such an application to the applicable board, a public hearing shall be held, with notice of such hearing published in accordance with Article XV, § 250-15.4. The Zoning Board of Appeals or the Town Board, in the case of the Four Corners and LaSalle's Landing Districts, may, after holding such public hearing, direct the authorized official to issue such permit.
B.
Before
directing the authorized official to issue a sign permit, the Zoning
Board of Appeals or the Town Board, as the case may be, shall find
that the applicant has demonstrated the following facts to be true:
(1)
The proposed sign is in harmony with the standards for permitted
signs and within the spirit of this article.
(2)
The proposed sign shall be compatible with and not be detrimental
to neighborhood properties.
(3)
The proposed sign does not, by reason of its location, create
a hazard of any nature to the public in general or to any owner or
occupant of neighborhood properties.
(4)
The proposed sign does not in any way interfere with the lawful
and aesthetic enjoyment of the public highway or neighborhood properties.
(5)
Where applicable, the proposed sign is necessary to adequately
identify the business(es).
C.
The existence of corporate or franchise standards for the design,
size or color scheme of signs shall not be deemed a material reason
for granting a special use permit.
Prior to the issuance of any permit by the Town Clerk for the
erection, enlargement or structural alteration of a sign, a fee shall
be paid in accordance with the schedule of fees established by resolution
by the Town Board.
The area of double-faced signs shall be calculated as the total
area of both sides for the purpose of assessing fees. The area of
irregularly shaped signs or panel signs of individual letters shall
be calculated by using the total rectangular area encompassed by the
outline.
No permit issued under the terms of this article shall be transferable
to any person without the consent of the authorized official.
[Amended 2-3-2021 by Res. No. 21T-066]
A sign permit shall become null and void if the work for which
the permit was issued has not been started within a period of 12 months
after the date of issuance of the permit.
When a property is sold or changes tenancy, a permit shall be
required to change the ad, copy or message on an existing sign. All
such changes shall be reviewed and approved by the authorized official.
The authorized official shall require the proper maintenance
of all signs. Such signs, together with their supports, shall be kept
in good repair. The display surfaces shall be kept neatly painted
at all times. The authorized official may order the removal of any
sign and its support structures that are not maintained by those parties
being identified in accordance with the provisions of this article.
Painting, repainting, cleaning or repair maintenance shall not be
considered an erection or alteration which requires a permit unless
a structural change is made.
The location of all signs shall be subject to the approval of
the authorized official unless otherwise specified by the Zoning Board
of Appeals or the Town Board, as the case may be.
The following provisions shall apply to all signs erected, enlarged
or maintained within the Town:
A.
Illuminated signs or lighting devices may be permitted, provided
that such signs employ only lights emitting a light of constant intensity,
and no sign shall be illuminated by, or contain flashing or moving
light or lights.
B.
All illuminated signs or lighting devices shall be placed or directed so as to be localized and unobtrusive. An electrical certificate shall be submitted for every electrically illuminated sign from a Town of Penfield authorized electrical inspection agency in accordance with Chapter 94, Article II, Electrical Code, of the Town Code.
C.
Except as may be permitted by this article, or any other provisions
of this chapter, the use of pennants, banners, spinners, streamers,
moving signs, or flashing, glittering or reflective, animated or rotating
signs or similar eye-catching devices shall not be permitted. Preexisting
signs in the above category shall conform to this revised regulation
immediately upon the adoption of this article.
D.
No attached sign shall extend above the roofline of the building
to which it is attached.
E.
Graphics, trademarks, and logos shall not exceed 50% of the face
area of any sign. In the case of a double-faced sign, the above shall
not exceed 50% per face.
F.
No billboards shall be permitted.
G.
No sign shall be erected or maintained so as to prevent ingress to
or egress from any door, window, or fire escape, or so as to prevent
free access from one part of a roof to any other part.
H.
No sign, other than safety-related signs, shall be attached to a
fire escape.
I.
No sign shall be erected in such a manner as to confuse or obstruct
the view of any traffic sign, signal or device.
J.
No sign of any size or description, except traffic signs placed by
public agencies, or mailbox signs, may be erected, placed or maintained
within the highway limits of any public right-of-way within the Town
of Penfield, except as otherwise approved by the Town Board and any
applicable state or county agency.
K.
No permanent sign which is suspended over any portion of a public
right-of-way or a public sidewalk in the easement in which the sidewalk
is located shall be permitted or may remain unless the owner delivers
to the Town of Penfield an indemnification agreement, in a form and
substance acceptable to the Town Attorney, which holds harmless the
Town of Penfield for liability or damage suffered by all persons by
reason of the construction or maintenance of such sign; said agreement
shall be submitted prior to the issuance of a sign permit.
L.
Attached signs shall be securely attached to the building or to structurally
sound standards.
M.
In addition to signs permitted in §§ 250-10.12 and 250-10.13, each separate business shall be permitted to display one portable temporary on-site sign. Businesses shall be permitted to advertise their name, hours of operation and "OPEN" on one portable temporary on-site sign, subject to the following:
(1)
Every sign must be placed on the property where business is conducted
and not within the right-of-way;
(2)
The purpose of such signs is intended to only advertise the business
and its hours of operation. No product or pricing information shall
be permitted on such signs; and
(3)
Such signs shall be displayed only between the hours of 6:00 a.m.
and 11:00 p.m.
N.
The discontinuance of business for a period of 60 consecutive days
at any given location shall require the immediate removal of all signs
relating to said business.
O.
Any sign found posted or erected within the Town of Penfield contrary
to the provisions of this chapter may be removed by the Town's authorized
official in the manner prescribed by law. The property owner and/or
the person responsible for any such illegal posting shall be cited
and liable for the cost incurred in the inspection and/or removal
thereof, and the Town's authorized official is authorized to effect
the collection of said cost.
P.
No person shall operate, stand, or park a vehicle on any property
or cause such vehicle to be so operated, stood, or parked for the
purpose of advertising, except that advertising notices may be put
on a motor vehicle when such vehicle is in use for normal delivery
or passenger service and not merely or mainly for the purpose of advertising.
A.
No building to be served by a freestanding sign shall be set back
less than 35 feet from the property line.
C.
No property shall be permitted to have more than one freestanding
sign.
D.
Freestanding signs shall be set back not less than 20 feet from the
front property line, 25 feet from any adjacent commercial or industrial
property and 50 feet from any adjacent residential property.
E.
Freestanding signs shall not exceed a height of 20 feet.
F.
Informational signage. In addition to the signage requirements specified
in this chapter, in cases where commercial development is serviced
by an internal access road, said development may be identified by
freestanding signs located where the access roads intersect existing
roads. Such information signs shall be subject to the following criteria:
(1)
Such sign(s) shall be of a freestanding directory nature and
only contain the names and addresses of the businesses sharing the
access road.
(2)
The sign(s) shall be no larger than 40 square feet in size per
side of a double-faced sign.
(3)
Such sign(s) shall be located in such a manner that it is placed
within the property on which the access road is located and set back
a minimum of 10 feet off the macadam surface of said access road and
20 feet from the state right-of-way and not closer than 50 feet to
any adjacent residential property.
(4)
Illumination of such sign(s) shall only be from an external
source.
(5)
Such sign(s) shall not be more than 10 feet in height and shall
not obstruct vision for ingress/egress.
(6)
Such sign(s) shall be consistent in design and architectural
treatment to other signage in said development, subject to review
by the authorized official, the Zoning Board of Appeals, or the Town
Board, as the case may be.
G.
Waterfront
signage. Signage for any development with frontage on Irondequoit
Bay shall be subject to the following restrictions:
(1)
In addition to the freestanding sign permitted to identify the business
at the right-of-way, one additional freestanding sign may be placed
no closer than 20 feet to the water's edge to further identify the
business from the Irondequoit Bay. Such signs shall not exceed 20
square feet in area.
(2)
An illuminated freestanding sign shall be externally lit and no "back-lit"
illumination shall be permitted.
[Amended 2-3-2021 by Res. No. 21T-066]
A.
Permanent building-mounted signs for business, industrial and professional
uses shall be located on the same building containing such business,
industry or profession to which they refer.
B.
The total area of all permanent building-mounted business, industrial
and professional uses signs shall not exceed two square feet in area
for each linear foot of business frontage. The area of freestanding
signage shall be in addition to, and not included in, calculating
the total area of other permanent business and professional uses signs.
The total area of all permanent industrial signs attached to buildings
or structures (excluding freestanding signs) shall not exceed 400
square feet. The area of freestanding signage shall be in addition
to, and not included in, calculating the total area of other permanent
industrial signs. The property owner shall be responsible for submitting
a sign package for his/her property identifying all proposed sizes,
colors, and designs for the signs to be installed to the authorized
official or appropriate board having jurisdiction for approval.
C.
Each individual business establishment or industrial use shall be permitted to have one identification sign attached to the building on the premises in which such business or industrial use is located. The area requirements for such signage shall be consistent with the requirements of Subsection B.
The following signs shall be permitted for gasoline service
stations:
B.
One two-by-three-foot four-sided sign providing information regarding
the safe operation of self-service gasoline pumps shall be provided
for each island where pumps are to be operated by customers.
C.
Price signs shall be provided on all gasoline pumps as required by
state law but shall not require a permit. In no case shall pricing
signs be incorporated in any wall-mounted or freestanding business
identification sign.
A.
Signage permitted for farm market operations shall be consistent with the requirements for permanent signs as set forth in §§ 250-10.12 and 250-10.13 of this article; except in the case of farm markets where produce is offered on site, two additional temporary, double-faced, freestanding signs may be placed on the premises identifying the types of produce offered on site; such portable signs shall not be located closer than 10 feet to any property line. In situations where "U-Pick" operations are not clearly visible from the right-of-way, the operator may request a permit from the authorized official to install portable temporary off-site signage, on private property at the nearest intersection, during the growing season to be advertised. No extension to said time frame shall be permitted without approval from the Zoning Board of Appeals. Such U-Pick signs shall be removed within seven days after the end of the growing season to which they relate.
B.
Time-and-temperature devices may be permitted for business and industry,
subject to the requirements of this article regulating wall, freestanding
and/or projecting signs.
A.
For single-family homes, one nameplate sign not exceeding two square
feet per face in area indicating the name and address of the occupant
shall be permitted. Nameplate signs may either be building- or ground-mounted.
Ground-mounted signs shall be placed on private property and shall
not be located closer than 10 feet to any side or rear property line.
Said signs shall not require a permit.
B.
Each residential subdivision shall be permitted to install two freestanding signs, at the entrance of each street as it intersects an existing Town dedicated street, to permanently identify the name of the subdivision. Said signs shall not exceed 20 square feet in area and any decorative supporting system shall not exceed 40 square feet in area, inclusive. All such signs shall be located on private property, shall comply with all setback requirements in § 250-10.12 of this article, and their maintenance shall be the responsibility of the owner on whose property said sign(s) is located. A deed restriction in a form and substance acceptable to the Town Attorney shall be submitted prior to the issuance of a sign permit.
Signs accessory to parking areas, designating entrances and
exits to and from a parking area, are limited to one sign for each
such exit and entrance, and a maximum size of two square feet each
(two square feet per face) shall be permitted. No permit shall be
required. Said signage shall be utilized for traffic control purposes
only and not identification of a use(s) on the property on which it
is located.
One sign per parking area designating the conditions of use
or identity of such parking areas, and limited to a maximum size of
six square feet, shall be permitted, provided that on a corner lot
two such signs shall be permitted, one facing each street. No parking
area sign shall be placed on private property, and such signs shall
not be located closer than 10 feet to any side or rear property line.
Said sign shall not require a permit.
Where a home occupation is permitted by § 250-5.1D(3), one nameplate sign may be used to identify the home occupation. Such signs shall not exceed two square feet per face in area and shall be located on private property and not less than 10 feet from any side or rear property line. Said sign shall require a permit and may be building-mounted or ground-mounted. No portable temporary signage shall be permitted in association with such home occupation.
A.
Portable temporary signs shall not be permitted within any state,
county or Town right-of-way, attached to fences, trees, utility poles,
bridges, traffic signs, and shall in no way obstruct or impair vision
or traffic in any manner or create a hazard or disturbance to the
health and welfare of the general public. Such signs shall be located
on private property and not closer than 10 feet to any side or rear
property line.
B.
Portable temporary on-site and/or off-site signs shall be permitted
to be used in connection with publicizing any charitable or civic
event or issue. Such signs shall be erected only on private property
with the consent of the owner or occupant of the property on which
such signs are located. Such signs shall be installed no more than
14 calendar days prior to and must be removed within two days after
the event to which they relate or decision on the issue to which they
relate, as the case may be.
C.
The use of one portable temporary on-site sign used in conjunction
with contractors, e.g., siding, roofing, painting, chimney sweeps,
lawn maintenance, snow plowing, etc., pertaining to properties in
the Town of Penfield is permitted from commencement to completion
of work. Such sign shall be placed on private property and not be
located closer than 10 feet to any side or rear property line. Said
sign shall not require a permit.
D.
The aggregate area of all temporary signs shall not exceed 60 square
feet on a single lot or premises.
Signs advertising the prospective sale or rental of residential,
commercial and industrial properties shall comply with the following
standards:
A.
Such signs shall not be permitted within any state, county or Town
right-of-way, attached to fences, trees, utility poles, bridges, traffic
signs, and shall in no way obstruct or impair vision or traffic in
any manner or create a hazard or disturbance to the health and welfare
of the general public. Such signs shall be placed on private property
and not closer than 10 feet to any side or rear property line. Said
signs shall not require a permit.
B.
Undeveloped lots not exceeding one acre in area that are being offered
for sale or lease shall be permitted to display one portable temporary
sign. Such sign shall be erected on private property and not closer
than 10 feet to any side or rear property line. Said signs shall not
require a permit.
C.
Sites greater than one acre in area that are being offered for sale
or lease shall be permitted to display one thirty-two-square-foot
single- or double-faced freestanding sign placed on such site to identify
its sale, lease or proposed development, which sign shall be no more
than eight feet in height from adjacent grade. Such sign shall be
erected on private property and not closer than 10 feet to any side
or rear property line. Such signs shall require a permit and shall
be removed within two days of completion of the sale, lease or development
of the subject site.
D.
Single-family residences for sale or lease are permitted to display
one portable temporary on-site sign on site. Such sign shall be erected
on private property and not be located closer than 10 feet to any
side or rear property line. In addition to the portable temporary
on-site sign, portable temporary off-site signs may be displayed on
off-site private property on Saturdays and Sundays only between the
hours of 10:00 a.m. and 6:00 p.m. directing prospective buyers to
the residence being offered for sale or rent. Said signs shall be
removed by 6:00 p.m. on each day. Said signs shall not require a permit.
E.
On developed commercial and industrial sites where the advertising
of lease space is necessary, the owner shall be permitted to display
one thirty-two-square-foot single- or double-faced sign advertising
the sale or lease of the structure(s) or individual tenant spaces
within the structure, which sign shall be no more than eight feet
in height from adjacent grade. Such sign shall be erected on private
property and not closer than 10 feet to any side or rear property
line. Such signs shall require a permit and shall be permitted for
a period of one year. All such signs shall be removed within two days
of completion of the sale, lease or development of the subject site.
In addition, the property owner shall be permitted to place signage
inside of the window of the space to be leased identifying lease space
available. No permit shall be required for such signs. All such signs
addressed in this section must be removed once the vacancy has been
leased.
Signs indicating the private nature of driveways or "no trespassing"
signs shall be permitted on the site, provided that the size of any
such sign shall not exceed one square foot per face. Such signs shall
not be less than 10 feet from any side or rear property line. Such
signs shall not require a permit.
Any sign existing and erected before the adoption of this article,
which is nonconforming and for which a permit was issued, shall be
removed within three years from June 1, 2011, except that in no event
shall such an existing sign be required to be removed less than 10
years from the date of issuance of the permit. Such nonconforming
signs shall not be altered, rebuilt, enlarged, extended, or relocated,
unless such action changes a nonconforming sign into a conforming
sign as provided herein.
The following signs shall be exempt from permit requirements:
A.
Public signs: signs of a noncommercial nature and in the public interest,
erected by or on the order of a public officer in the performance
of his/her public duty, such as safety signs, danger signs, trespassing
signs, traffic control signs, memorial plaques, signs of historical
interest and the like.
B.
Integral signs. Names of buildings, dates of erection, monumental
citations, commemorative tablets and the like, when carved into stone,
concrete or similar material, or made of bronze, aluminum, or other
permanent types of construction are considered an integral part of
the structure.
C.
Garage sale signs. Each property owner conducting a garage sale shall
be permitted to erect portable temporary on-site and/or off-site signs
in conjunction with said sale on private property only. Said signs
shall be erected by the individual conducting the sale no sooner than
24 hours prior to the sale and must be removed on the last day of
said sale. Such signs shall not be permitted within any state, county
or Town right-of-way, attached to fences, trees, utility poles, bridges,
traffic signs, and shall in no way obstruct nor impair vision or traffic
in any manner or create a hazard or disturbance to the health and
welfare of the general public. Such sign shall be erected on private
property and not be located closer than 10 feet to any side or rear
property line.
Each property owner, resident or tenant of any lot or premises
may display portable temporary on-site political signs subject to
the following standards:
A.
Such signs shall not require a permit.
B.
Such signs must be removed within two days after the election to
which they relate. In cases where signs have been installed prior
to a primary election, said signs may remain in place until after
a subsequent general election, in which case they must be removed
consistent with this section.
C.
The owner or occupant of the property on which such signs are posted
must consent to the erection of such signs.
D.
The political Town party leader, or in the absence of a political
Town party leader the candidate, shall designate a sign coordinator
responsible for compliance with this section with respect to placement,
size, location and maintenance during a campaign. The sign coordinator
shall provide the authorized official with his/her name and appropriate
means of contact, such as telephone number and/or e-mail address.
E.
Such signs shall not be permitted within any state, county or Town
right-of-way, attached to fences, trees, utility poles, bridges, traffic
signs, and shall in no way obstruct or impair vision or traffic in
any manner or create a hazard or disturbance to the health and welfare
of the general public. Such sign shall be erected on private property
and not closer than 10 feet to any side or rear property line.
F.
Such signs shall be displayed on private property only and shall
not be displayed on any publicly owned lands and shall comply with
all other requirements of the law.
G.
The
aggregate area of all such signs shall not exceed 60 square feet on
a single lot or premises.
Businesses operating within the Four Corners District shall
be subject to the requirements of this article, with the exception
of the following:
A.
Freestanding signs shall not be located closer than 15 feet to the
front property line nor closer than 50 feet to any adjacent residential
property.
B.
Freestanding signs shall be no greater than eight feet in height.
C.
Illumination of wall-mounted or freestanding signs shall only be
from an external source.
D.
Such sign shall be consistent in design, architectural treatment
and the use of materials with the buildings and uses it is intended
to serve.
E.
Businesses shall be permitted to display one portable temporary on-site sign. Portable temporary on-site signs are permitted, subject to the requirements of § 250-10.11M of this article.
