[HISTORY: Adopted by the Town Board of the Town of Urbana 6-9-1994 as L.L. No. 1-1994. Amendments noted where applicable.]
A.
The purpose of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising signs, and outdoor signs of all types. It is intended
to protect property values, create a more attractive economic and
business climate, enhance and protect the physical appearance of the
community, preserve the scenic and natural beauty and provide a more
enjoyable and pleasing community. It is further intended hereby to
reduce sign or advertising distractions and obstructions that may
contribute to traffic accidents, reduce hazards that may be caused
by signs overhanging or projecting over public rights-of-way, provide
more visual open space, and curb the deterioration of the community's
appearance and attractiveness.
B.
This chapter is intended to promote attractive signs which clearly
present the visual message in a manner that is compatible with their
surroundings. The appearance, character and quality of a community
are affected by the location, size, construction and graphic design
of its signs. Therefore, such signs should convey their messages clearly
and simply to enhance their surroundings.
As used in this chapter, the following terms shall have the
meanings indicated:
Any visual message incorporated into an awning attached to
a building.
Any sign of which the size and/or structure exceeds the maximum
size and/or square footage for the district within which it is located.
A sign on which the visual message may be periodically changed.
A sign limited to providing information as to the location
of a business, activity, or event.
Any sign not attached to or part of any building but separate
and permanently affixed by any other means, in or upon the ground.
Included are pole signs, pylon signs constructed of wood, masonry
materials or any other material.
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.
An organization which has been designated by all appropriate
applicable state and federal agencies as a nonprofit agency or organization,
and has possession of such certification.
A standardized sign for the purpose of directing persons
to a business, attraction or community facility.
A sign not related to a business or a profession conducted,
or a commodity or service sold or offered, upon the premises where
such sign is located.
A sign, whether on its own trailer, wheels, or otherwise
designed to be movable and not structurally or permanently attached
to the ground, a building, a structure or another sign.
A sign which is attached to a building, wall, or structure
and which extends horizontally more than 15 inches from the plane
of such wall or structure or a sign which is perpendicular to the
face of such wall or structure.
A three-dimensional sign built to physically represent the
object advertised.
The area, as designated by the agency responsible for a specific
highway or roadway, that is to remain free from any structures or
encroachments.
The distance from any street, highway, roadway, structure
or property line.
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 structure, or indoors as a window
sign, displaying an advertisement, announcement, notice or name, and
shall include, but not be limited to, any declaration, demonstration,
display, representation, illustration or insignia used to advertise
or promote the interest of any person, business, organization or cause
when such is placed in view of the general public. Any vehicle and
or trailer bearing an advertizing message that is parked for an extended
period of time or in such a manner that it can be construed that the
purpose is to function as sign shall be subject to the provisions
of this chapter.
A listing of two or more business enterprises, consisting
of a matrix and sign components.
The supports, uprights, bracing, framing, mountings and framework
for a sign. In the case of a sign structure consisting of two or more
sides in which the angle formed between any two sides or the projections
thereof exceeds 30°, each side will be considered a separate sign
structure.
The entire area within a single, continuous permeter enclosing
all elements which form an integral part of the sign. The structure
supporting the sign shall be excluded unless the structure is designed
in such a manner as to form an integral background for the display.
One side of a double-faced sign shall be used to calculate the total
surface or area of such a sign.
A sign related to a single activity or event having a duration
of seven days or less which is sponsored by a nonprofit or municipal
entity. Temporary signs cannot be used to promote or advetise a business
or commercial event, sale or funtion.
A sign which is painted on or attached to the outside wall
of a building with the face of the sign parallel to such wall, and
not extending more than 15 inches from the face of such wall.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, or located inside
in such a manner to be viewed from outside, but not to include graphics
in connection with customary window display of goods or products.
Except as otherwise provided, no person shall erect, alter,
change or relocate any sign without first obtaining a permit from
the Code Enforcement Officer. No permit shall be required for the
general repair or maintenance of any permitted sign.
Applications shall be made in writing to the Code Enforcement
Officer on forms obtained from the Town Clerk and shall contain the
following information:
A.
Name, address and telephone number of the applicant.
B.
Name, address and telephone number of the property owner.
C.
Location of the building, structure and or land upon which the sign
now exists or is to be erected.
D.
A plan, drawn to scale, as well as a description of the sign, sign
structure, and placement, and which should include the following:
(1)
Location on the premises, specifically, its position in relation
to existing buildings, structures, property lines, roadways, driveways,
parking lots, and any other existing or proposed signage, and indicating
such distances.
(2)
The method of illumination, if any, and the position of lighting
or other extraneous devices.
(3)
Graphic design including symbols, letters, materials, and colors.
(4)
The visual message, copy, text or content of the sign.
All signs in the Town of Urbana, other than those mentioned in § 86-6, Exempt signs, shall require a sign permit.
A.
Upon the filing of a completed application for a sign permit and
the payment of the required fee which has been determined by a schedule
of fees as established by the Town Board, the Code Enforcement Officer
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 the requirements
of this chapter, the Code Enforcement Office shall then, within 30
days, issue a permit for the erection of the proposed sign or for
an existing sign. The issuance of this permit shall not excuse the
applicant from conforming to any other laws or any local ordinances.
B.
If the erection of the sign authorized under any such permit has
not commenced within six months from the date of issuance, the permit
shall become null and void, but may be renewed within 30 days prior
to the expiration of said permit, for good cause shown, for an additional
six months, upon payment of 1/2 of the original fee.
C.
The term of such permit shall extend through the useful life of the
sign unless otherwise indicted in this article. A new permit shall
be required if:
(1)
Changes to the design, copy, structure, size, or supporting structure
that are no longer consistent with the original application.
(2)
The name of the business or type of business is no longer consistent
with the original application.
(3)
The business is sold or property leased, or in some manner becomes
under the management or is represented by a party or parties not consistent
with the original application.
(4)
The original permit is found to be in violation under the provisions
of this or any other chapter.
D.
Every sign shall bear the permit number, permanently and visibly
displayed. Failure to do so shall constitute cause for the revocation
of the permit.
The following types of signs may be erected and maintained without
a permit or fee, provided that such signs comply with the requirement
of this chapter, and any other law or ordinance imposed by the Town
of Urbana or other governing body:
A.
Historical markers, tablets and statues, memorial signs and plaques;
names and dates of buildings; and nonadvertising on-premises signs
installed by religious or nonprofit organizations; not exceeding six
square feet.
B.
Signs, notices, or emblems installed by governmental bodies.
C.
Flags or insignias of any government, except when displayed in connection
with commercial promotion.
D.
On-premises non-advertising directional signs for the convenience
of the general public, identifying public parking areas, fire zones,
entrances and exits, and similar signs not exceeding six square feet
per face. Freestanding signs shall not exceed six feet in height.
Business names and personal names shall be allowed, excluding advertising
messages.
E.
Nonilluminated warning, private drive, posted or no-trespassing signs,
not to exceed six square feet per face.
F.
One on-premises sign, either freestanding or attached, in connection
with any residential building in any zoning district, for permitted
professional offices or home occupations, not to exceed three square
feet. Such sign shall state name and vocation only. Illumination shall
not produce a direct glare beyond the limits of the property line.
G.
Number and name plates identifying residents, mounted on house, apartment
or mailbox, not exceeding one square foot in area.
H.
Lawn signs identifying residents, not exceeding one square foot,
or two square feet if double-faced. Such signs are to be nonilluminated
except by a light which is an integral part of a lamp post if used
as a support, with no advertising message thereon.
I.
Private-owner merchandise sale signs for garage sales and auctions,
not exceeding six square feet, for a period not exceeding seven days.
J.
Temporary, nonilluminated, "for sale," "for rent," real estate signs
and signs of similar nature, concerning the premises upon which the
sign is located. In a residential zoning district, one sign not exceeding
six square feet per side. In a business, industrial, and agricultural
zoning districts, one sign shall be permitted, not exceeding 64 square
feet. All such signs shall be removed within three days after the
sale, lease or rental of the premises.
K.
Two temporary signs for a roadside stand selling agricultural produce,
in season, provided that such sign shall not exceed 32 square feet
and shall not be located within any public right-of-way.
L.
Temporary, nonilluminated window signs and posters.
M.
Holiday decorations, including lighting, are exempt from the provisions
of this chapter and may be displayed in any district without a permit.
O.
Directional signs for meetings, conventions, and other assemblies,
each not exceeding six square feet, for the period from five days
before until two days following the event.
P.
One sign, not exceeding six square feet in the residential districts
nor 32 square feet in the business, industrial, and agricultural districts,
listing the architect, engineer, contractor and/or owner, on premises
where construction, renovation, or repair is in progress.
Q.
Promotional signage, including banners, for nonbusiness public events
of limited duration not exceeding 32 square feet in the residential
districts nor 72 square feet in the business, industrial, and agricultural
districts, providing:
R.
Political posters, banners, and similar signs, not exceeding six
square feet in the residential districts nor 32 square feet in the
business, industrial, and agricultural districts, providing:
(1)
Placement shall not exceed 30 days before or five days following
the event.
(2)
The candidate named is responsible for removal within the period
defined.
(3)
Such signage shall be set back at least 15 feet from all property
lines and shall not be located within any public right of way.
(4)
Election signs must be freestanding and may not be affixed to telephone
or utility poles.
S.
Display of one permanent sign by a permitted business for the purposes
of displaying its product, providing such sign does not exceed 12
square feet.
A.
No sign in any district shall be placed or located as to obstruct
the right-of-way of any public highway or roadway.
C.
No sign shall be illuminated by or contain flashing, intermittent,
rotating or revolving lights, except to show time and temperature.
D.
No sign shall impair or cause confusion of vehicular or pedestrian
traffic in its design, color or placement. No sign shall impair visibility
for the motorist at a street corner or intersection by placement and
location within right-of-way of the intersection of the street or
highway lines.
E.
No sign or sign supports that exceed five feet above the roof line
shall be placed upon the roof of any building.
F.
No sign shall consist of banners, pennants, ribbons, streamers, spinners
or similar moving, fluttering or revolving devices.
G.
No advertising message shall be extended over more than one sign.
Within all districts, the following provisions for permanent
signs shall apply:
A.
B.
Specific regulations.
(1)
Residential districts.
(a)
Permitted nonresidential uses and legal nonconforming nonresidential
uses may display one freestanding and/or one projecting sign pertaining
to the use of property upon which the sign is situated. Freestanding
signs shall have a total face area not exceeding 16 square feet, and
shall be set back 15 feet from any adjoining property boundaries.
Projecting signs shall have a total face area of not more than six
square feet and shall not project more than 40 inches from the principal
building to which they are attached.
(b)
Internally illuminated signs are not permitted in the residential
districts. Externally illuminated permanent signs shall not be illuminated
in such a manner that the illumination becomes an infringement to
the adjoining residences.
(c)
Temporary or portable signs referring to a specific event or
activity are permitted for a period of five days prior to and two
days following the activity or event to which they pertain. In no
instance shall this period exceed seven days.
(2)
Business districts.
(a)
Where groups of four or more contiguous businesses are located
together or where a lesser number of stores total not less than 10,000
square feet of gross leasable area, one common freestanding sign denoting
the name of the shopping facility shall be permitted, not exceeding
150 square feet (75 square feet per side) and with its bottom panel
not more than eight feet above grade. All other signs shall be attached
to buildings, of a wall, projecting or soffit type, and coordinated
in material, shape, lettering, color and/or decorative elements.
(b)
Representational signs shall not project in any direction more
than five feet beyond the principal structure to which they are attached,
and shall not exceed 15 square feet. Only one such sign per establishment
shall be permitted, with the area of such sign structure included
within the total sign area permitted.
(c)
Illuminated signs which indicate the time, temperature, date
or similar public service information shall not exceed 32 square feet
and shall not employ less than 60% of the total sign area on each
side for said public service information.
The following are descriptions of signs varying in construction
and type which may comply with the following additional conditions,
unless otherwise specified elsewhere in a local law.
A.
Temporary signs and/or portable signs.
(1)
All signs of a temporary nature, except as otherwise provided in
this chapter, shall be permitted for a period not exceeding 30 days
prior to the activity or event nor exceeding five days after the activity
or event. Such signs shall not exceed 72 square feet in business,
industrial, and agricultural districts, nor 32 square feet in residential
districts. Such signage shall not be located within any public right-of-way,
nor be attached to fences, trees, utility poles, rocks or other parts
of a natural landscape, nor be placed in a position that will obstruct
or impair traffic or in any manner create a hazard or disturbance
to the health, safety and welfare of the general public.
(2)
A new business, or a business in a new location, awaiting installation
of a permanent sign, may utilize a portable sign for a period of not
more than 60 days or until installation of a permanent sign, whichever
occurs first. Such a portable sign must meet all the construction
standards of the municipality. A permit for such a portable sign shall
be required. Upon completion and installation of the permanent sign,
the permit fee paid for the portable sign shall be applied to the
permit fee for the permanent sign.
B.
Permanent signs. Within any zoning district, the following permanent
signs may be erected; provided, however, that such placement shall
not serve to expand the number of signs otherwise allowed, pursuant
to the next subsection on business and industrial districts:
(1)
A nonilluminated, single-sided real estate development sign, including
industrial and commercial development, residential subdivision, or
construction sign denoting the architect, engineer and/or contractor,
not exceeding 32 square feet in business and industrial districts
nor 16 square feet in residential districts, may be erected on property
being sold, leased or developed. Such sign shall be erected parallel
to the fronting highway, set back a minimum of 15 feet from the property
line or attached to the building face. Such sign shall be removed
upon completion of the project and shall be in place for a period
not exceeding two years.
(2)
Signs or bulletin boards customarily incident to places of worship,
libraries, museums, social clubs or societies, may be erected on the
premises of such institutions. One such sign or bulletin board, not
exceeding 32 square feet, may be erected for each entrance on a different
street or highway.
(3)
For multiple dwellings or apartment developments, one sign advertising
availability of several dwelling units, not exceeding 32 square feet.
One such sign shall be permitted for each entrance on a different
street or highway.
(4)
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.
C.
Wall signs.
(1)
Wall signs shall not extend beyond the ends or over the top of the
walls to which attached, and shall not extend above the level of the
second floor of the building.
(2)
Wall signs shall not extend more than 15 inches from the face of
the buildings to which attached.
(3)
Any part of a sign extending over pedestrian traffic areas shall
have a minimum clearance of seven feet six inches.
D.
Projecting signs.
(1)
Projecting signs shall not have more than two faces.
(2)
The exterior edge of a projecting sign shall extend not more than
five feet from the building face, or 1/3 the width of the sidewalk,
whichever is less.
(3)
No part of a projecting sign shall extend into vehicular traffic
areas, and any part extending over pedestrian areas shall have a minimum
clearance of seven feet six inches.
(4)
Projecting signs shall not be higher than 12 feet.
(5)
No projecting sign shall be closer than 15 feet from the corner of
a building located at a street intersection.
E.
Freestanding signs.
(1)
No freestanding sign shall be located within the right-of-way, nor
less than 15 feet from a side property line, nor be located less than
50 feet from any other freestanding sign.
(2)
If for any reason the property line is changed at some future date,
any freestanding sign made nonconforming thereby must be relocated
within 90 days to conform with the minimum setback requirements.
(3)
Except in the case of those situations defined in the general provisions of § 86-8B, no freestanding sign shall be more than 100 square feet per side for a double-faced sign.
(4)
No freestanding sign shall be more than 20 feet in height above highway
grade. Such height shall be measured vertically from the established
average grade directly below the sign or entry level of the building
or structure, whichever is lower, to the highest point of the sign,
including supporting structures.
(5)
No freestanding sign shall extend over or into the public right-of-way,
nor shall it overhang the property lines.
(6)
Freestanding signs under which a pedestrian walkway or driveway passes
must have a minimum of 10 feet of vertical clearance.
(7)
Masonry wall-type signs shall not exceed four feet in height and
shall not be placed so as to impair visibility for motorists.
F.
Other signs.
(2)
Sign directories.
(a)
The character and size of the sign matrix and of the individual
sign components comprising the directory shall be regulated in accordance
with guidelines provided by this chapter.
(b)
Sign directories shall contain identification of and direction
to several business enterprises, but shall contain no promotional
advertising.
(3)
Awning signs.
(a)
No sign shall project from an awning.
(b)
Awning graphics may be painted or affixed flat to the surface
of the front or sides, and shall indicate only the name and/or address
of the enterprise or premises.
(c)
The surface area of awning graphics shall be debited against
the permitted wall sign surface area.
In the event a sign lawfully erected prior to the effective
date of this chapter does not conform to its provisions and standards,
then such signs shall be modified to conform or be removed according
to the following regulations:
A.
If a nonconforming sign includes such features as included under
the section on prohibitions, then such sign shall be modified by its
owner to comply or be removed within 30 days after the owner receives
written notice from the Code Enforcement Officer to so comply.
B.
If an owner has complied, as necessary, with the above provision,
yet remains in nonconformity in other respects, he may apply for a
variance to maintain the nonconforming sign for a fixed period. Application
for such variance shall be filed with the Zoning Board of Appeals
within three months of the effective date of this chapter, and shall
include satisfactory proof of the date of erection of said sign. A
permit to continue a nonconforming sign shall in no case exceed one
year.
A.
Any sign or sign structure existing on or after the effective date
of this chapter which no longer advertises an existing business conducted
or product sold on the premises upon which such sign is located shall
be removed.
B.
If the Code Enforcement Officer shall find that any sign regulated
in the local law is not used, is not in compliance with this or any
other chapter, is abandoned, unsafe or insecure, or is a menace to
the public, the Code Enforcement Officer shall give written notice
to the named owner of the land upon which it is located, who shall
remove or repair the sign within 30 days from the date of the notice.
If the sign is not removed or repaired within said time period, the
Code Enforcement Officer shall revoke the permit issued for such sign
and may remove the sign and assess the owner for all costs incurred
for such service.
C.
The Code Enforcement Officer may cause any sign which is a source
of immediate peril to persons or property to be removed immediately
and without notice.
A.
General.
(1)
All signs installed after the effective date of this chapter shall
have attached to the sign a name plate giving the sign permit number
visibly posted on the sign or sign structure.
(2)
All internally illuminated signs shall be constructed in conformance
with the Standards for Electric Signs (U.L. 48) of Underwriters Laboratories,
Inc., and bear the seal of Underwriters Laboratories, Inc.
(3)
If such sign does not bear the Underwriters Laboratories label, the
sign shall be inspected and certified by the New York Board of Fire
Underwriters. All transformers, wires and similar items shall be concealed.
All wiring to freestanding signs shall be underground.
(4)
All freestanding signs shall be designed and constructed to withstand
a wind pressure of not less than 30 pounds per square foot of surface
area.
(5)
All signs, including wall-mounted and projecting signs, shall be
securely anchored.
(6)
All signs, sign finishes, supports and electric 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.
(7)
All projecting, freestanding or wall signs shall employ acceptable
safety material.
B.
Design guidelines.
(1)
Signs shall be designed to be compatible with the surroundings and
appropriate to the architectural character of the buildings on which
they are placed. Sign panels and graphics shall be related with, and
not cover, architectural features, and should be in proportion to
them.
(2)
Signs shall be appropriate to the types of activities they represent.
(3)
Layout shall be orderly and graphics should be of simple shape, such
as rectangle, circle or oval.
(4)
Illumination shall be appropriate to the character of the sign and
surroundings.
(5)
Groups of related signs shall express uniformity and create a sense
of harmonious appearance.
(6)
All signs may be subject to site plan review by the Planning Board.
C.
All signage shall be professional in appearance and construction
as not to visually detract from the character of the area or have
a negative effect upon the quality and value of surrounding properties.
Off-premises directional (OPD) signs for the convenience of
the general public and for the purpose of directing persons to a business,
attraction or community facility may be erected providing such signs
are limited to name or identification, arrow or direction, and distance.
Advertising messages and images shall be prohibited. All OPD signs
within the Town of Urbana shall comply with the following regulations,
standards and uniformity:
A.
Application procedure. Applications shall be made in writing to the
Code Enforcement Officer on forms obtained from the Town of Urbana
Town Clerk and shall contain the following information:
(1)
Name, address and telephone number of the applicant.
(2)
Name, address and telephone number of the property owner of the site
at which the sign will be located, as well as a written statement
from such property owner acknowledging and permitting the installation
of said sign.
(3)
Location of the site where the OPD sign will be located.
(4)
A description of the proposed sign, including the name of the business
or attraction that is to appear on the panel, the directional information
that is to be utilized, and the mileage information that is to be
displayed.
(5)
A fee in an amount as established by the Town Board.
B.
Permits and procedures. Upon the filing of a completed application
for a sign permit and the payment of the required fee which has been
determined by a schedule of fees as established by the Town Board,
the Code Enforcement Officer 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 the requirements of this chapter, the Code Enforcement Office
shall then, within 30 days, issue a permit for the erection of the
proposed sign or for an existing sign. The issuance of this permit
shall not excuse the applicant from conforming to any other laws or
any other local laws or ordinances. Applicants are permitted up to
six signs per business. Each sign will require a separate application
and fee.
C.
Term. The term for each OPD sign permit shall be a maximum of one
year, and shall expire on December 31 of the calendar year in which
the permit was issued.
D.
Renewal. All OPD sign permits must be renewed on an annual basis by utilizing the application procedure and payment of any and all fees as indicated in § 86-13A. Applications for renewal must be received by January 31 of that calendar year. Should the Code Enforcement Officer determine the existing sign is not in compliance with this or any other chapter, or has fallen into disrepair, then the renewal for said sign shall be denied. Should the owner of any OPD sign fail to renew the permit by January 31, the sign will be considered to be in violation and must be removed within 15 days by the owner. Following that time period, the Code Enforcement Office may remove the sign without further notice. The space allocated for said sign will be afforded to the next available applicant.
E.
Fees. The fee for all OPD signs shall be paid annually and shall
accompany the original or renewal application, and shall be determined
by a schedule of fees as adopted by the Town Board.
F.
Location and placement specifications.
(1)
OPD signs shall not be located any private property without the property
owner's written consent.
(2)
OPD signs shall not be located within 15 feet from any adjoining
property line.
(3)
OPD signs shall not obstruct the right-of-way of any roadway.
(4)
OPD community sign structures incorporate multiple OPD signs, representing
a variety of different establishments. At any OPD community sign location,
the total number of signs shall be six and no OPD signs other than
those on the community sign structure shall be permitted
(5)
OPD signs may not be located closer than 100 feet from any intersection
and must not interfere with the line of sight of any municipal traffic
sign(s).
(6)
One set of community signs, consisting of six OPD signs, are permitted
at each location. Permits are issued on a "first come, first served"
basis.
(7)
No OPD sign shall be placed further than seven miles, measured in
a straight line, from the location of the corresponding business.
(8)
It is the responsibility of the applicant(s) to erect and maintain
the sign structure and affix and maintain signage.
G.
Construction specifications. To maintain a sense of continuity, insure
standardization, and to familiarize travelers with OPD signs, all
OPD signs will conform exactly to the following construction specifications:
(1)
One line of copy denoting the name of the business or attraction
shall be permitted. The typestyle utilized shall be Helvetica face
type, gloss or reflective white in color, and may be condensed to
accommodate lengthy copy. Copy displaying the name of the business
or attraction shall be located with the linear center located three
inches from the top edge of the sign panel and shall be centered horizontally.
Application of all sign copy is to be screen-printed or computer cut
vinyl.
(2)
One line of copy denoting the direction of travel shall be permitted
below the name of the business or attraction. The typestyle utilized
shall be Helvetica face type, gloss or reflective white in color.
Copy denoting the change in direction of travel is restricted to the
use of the directional terms "right," "left" and may include the distance
represented in decimal mileage followed by "mile(s)." "Straight ahead"
or similar verbiage is prohibited. Directional copy may be preceded
or followed by an arrow, four inches in height by three inches in
width, illustrating the direction of travel. Directional copy shall
be located with the linear center located three inches from the bottom
edge of the sign panel and shall be centered horizontally. Application
of all sign copy is to be screened or computer cut vinyl.
(3)
Sign panels shall be constructed of 0.080 inch thick aluminum stock,
36 inches in width and 12 inches in height. Corners are to be radiused.
The sign face coloration shall be a gloss coating limited to Calon
#12 Burgundy (Pantone #202). Sign face coatings may not be of a reflective
material. Color coating may be applied vinyl, screened, or sprayed
and coverage must be from edge to edge. A gloss or reflective white
border 1/4 inch in width, located with the vertical and horizontal
centers 1/4 inch from the respective sign edge, shall appear on all
sign faces. The back of the sign shall be mill finish.
(4)
Sign post material shall be 8' 2 lb U-channel attached to a
4' 3 lb U-channel breakaway. Post height shall not exceed 10
feet in height about average grade.
H.
Any signs not in compliance with this or any applicable section,
or deemed to be a detriment to public safety, shall be removed within
10 days.
A.
The Town Board may on its own motion, or on a petition, or on recommendations
of the Planning Board, after public notice and public hearing, amend
this chapter pursuant to all applicable requirements of law.
B.
All proposed amendments originating by petition, or by motion of
the Town Board, shall be referred to the Planning Board for a report
and recommendation thereon. The Planning Board shall submit its report
within 60 days after receiving such referral. Failure of the Planning
Board to report within the required time shall be deemed to constitute
a recommendation for approval of the proposed amendment.
A.
Any person, corporation, partnership, association or other legal
entity who shall violate any of the provisions of this chapter, or
any conditions imposed by a permit pursuant hereto, shall be guilty
of an offense and subject to a fine not to exceed $250 or imprisonment
for a period not to exceed 15 days and/or both such fine and imprisonment.
Every such person or entity shall be deemed guilty of a separate offense
for each week such violation, disobedience, omission, neglect or refusal
shall continue.
B.
Nothing contained in this chapter shall prevent the Town Board from
maintaining an action or proceeding in the name of the Town in a Court
of competent jurisdiction to compel strict compliance with the provisions
of this chapter or to restrain, by injunction, the violation of any
of its provisions or any rule or regulation promulgated hereunder.
Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of this chapter, the
Board of Appeals shall have the power, after public notice and hearing,
to vary or modify the application, so that the spirit of the chapter
shall be observed, public safety and welfare secured.
A.
Application procedure.
(1)
All applications for variances shall be filed with the Town Clerk,
in writing, and shall be accompanied by payment of a filing fee of
$75, accompanied by a written narrative describing special circumstances
or conditions that are such that strict application of the provisions
of this chapter render it impossible for the applicant to comply with
the requirements of this chapter.
(2)
The Board of Appeals shall act in strict accordance with the specifications of this chapter. A variance to the provisions of this chapter shall be granted by the Board of Appeals in order to vary or adapt the strict application of any of the requirements of this chapter in the case of conditions, whereby such strict application would result in practical difficulty or unnecessary hardship. In no case shall a variance be granted allowing off-premises advertising or directional signage other than OPD signs, nor shall any variance be granted that waives any OPD construction standards in § 86-13.
(3)
No variance in the strict application of any provision of this chapter
shall be granted by the Board of Appeals except by the adoption of
a resolution fully setting forth the reasons for the following findings:
(a)
That there are special circumstances or conditions that are
such that strict application of the provisions of this chapter would
render it impossible for the applicant to comply with the requirements
of this chapter.
(b)
The variance is granted by the Board of Appeals is the minimum
variance that will accomplish this purpose.
(c)
That the granting of the variance will be in harmony with the
general purpose and intent of this chapter, and will not be injurious
to the vicinity or otherwise detrimental to the public welfare.
(d)
That any variance granted shall be subject to such conditions
as will assure that the adjustment thereby authorized shall not constitute
a grant of special privilege.
B.
Notice of decision. The Board of Appeals shall file its written decision
with the Town Clerk and notify the applicant, in writing, within 60
days from the close of the public hearing.
(1)
Any variance which is not exercised within one year from the date
of issuance is hereby declared to be revoked without further hearing
by the Board of Appeals.
A.
Any person or persons, jointly or severally aggrieved by any decision
of the Board of Appeals may apply to the Supreme Court for relief
by a proceeding under Article 78 of the Civil Practice Law and Rules
of the State of New York, the provisions of which shall govern such
action, except:
(1)
It must be instituted, as therein provided, within 30 days after
the filing of the decision with the Town Clerk;
(2)
The Court may take evidence or appoint a referee to take such evidence
as it may direct and report the same, with his findings, of fact and
conclusions of law, if it shall appear that testimony is necessary
for the proper disposition of the matter; and
(3)
The Court at special term shall itself dispose of the case on the
merits, determining all questions which may be presented for determination.
B.
Costs shall not be allowed against the Board of Appeals unless it
shall appear to the Court that it acted with gross negligence or in
bad faith or with malice in making the decision from which the subject
appeal has been taken.
The provisions of this chapter are severable. If any article,
section, paragraph, or provision of this chapter shall be held by
a Court of competent jurisdiction to be invalid, such invalidity shall
apply only to the article, section, paragraph, or provision adjudged
invalid, and the rest of this chapter shall remain valid and effective.
This chapter shall take effect immediately upon filling with
the Secretary of the State of New York, and shall replace all existing
chapters.
