The provisions of this article are intended to ensure that all signs and advertising features:

When signs are required as part of the site plan review, the Planning Board and the Design Review Committee shall consider the compatibility of the sign's general character in context to its location, color(s), lettering, size and overall design.

Except as otherwise provided, no person shall erect, substantially modify, relocate or substantially reconstruct any sign without first obtaining a sign permit from the Code Enforcement Office.

For the purposes of this article, "substantial modification" shall mean any change in the configuration, orientation, illumination, or purpose of the sign. Substantial reconstruction shall mean the removal and replacement of more than 50% of the existing signage surface area or structural elements.

No sign permit shall be required for the repainting or repair of a sign in conformance with this chapter.

All signs shall be sited so as not to interfere with a clear view of intersecting streets and shall be located at least 12.5 feet from any property line.

No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement.

Every principal building or structure shall have street identification numbers subject to § 505 of the Fire Code of New York State.

The Code Enforcement Officer shall require the proper maintenance of all signs, and such signs, together with their supports, shall be kept in good repair. The display surfaces shall be kept neatly painted at all times. The Code Enforcement Officer may order the removal of any sign that is not maintained in accordance with the provisions of this chapter.

All signs shall be advertising the business on the property.

No off-premises advertising is permitted.

Any signage not expressly permitted in this section is prohibited in the City of Auburn.

All applicants proposing signs that encroach into the public right-of-way must provide an indemnity agreement, in a form acceptable to the City, holding harmless and indemnifying the City, its officers and employees from and against any and all claims and liability resulting from encroachment into the public right of way. Applicants must also provide proof of insurance acceptable to the City and naming the City as an additional insured on a primary, noncontributory basis.

The signable area does not include the sign's supporting frame or structure, if any, provided that such frame or structure is not designed to display text or graphics.

Single-faced. For a sign composed of one sign face, the sign area shall be determined based on the outer dimensions of the frame surrounding the sign face, but excluding the sign structure supporting the sign unless it is part of the communication of the sign or used to differentiate it. In the case of a freestanding sign that includes blank spaces with the intention of adding wording in the future, the blank spaces shall be included in measuring the sign area.

Individual letters or figures. For a sign composed of individual letters, logos, or figures, the sign area is measured by that of the smallest rectangle or other geometric shape that encompasses all the letters, logos, or symbols, including any open areas within the sign face or faces individually.

Double-faced. The area for a sign with more than one face is computed by adding together the area of all sign faces, except where the two sign faces are placed back-to-back.

Freestanding or ground signs may be illuminated via ground-mounted fixtures or sign-mounted fixtures.

External illumination fixtures must be shielded and directed such that a minimum of light pollution is created.

Signage accent lighting shall be of a lesser intensity than the illumination for the sign panel itself.

Permitted signage lighting fixtures include lanterns, goose-necks, and shielded, architectural-grade spot lights.

Illumination of directly/internally illuminated signs shall be of the diffused lighting type.

All additional lighting must be in conformance with Article IV, § 305-43, Lighting.

All signage shall be of professional quality and constructed of robust, durable, and weather-resistant materials.

All wood signage components must be sealed and protected from the elements. Unpainted or unfinished treated and untreated lumber shall not be permitted.

Signage materials shall be like or complementary color, character, type, and quality to those found on the related principal structure.

Segmental block and/or nonmortared stone is permitted for signage base materials only if like materials are in use throughout the principal structure.

All sign posts and brackets shall be constructed of robust, durable, and weather-resistant materials.

No portion of a wall sign may project above the roof line or above the parapet wall of a building with a flat roof.

A wall sign may not cover windows or architectural details.

Wall signs may be internally or externally illuminated.

Signage area calculation:

Awning signs may not extend outside the awning.

Signs are allowed on ground-floor awnings only.

Awning signs may be externally illuminated only.

Signage area calculation:

Canopy signs may not extend outside the canopy.

Signs are allowed on ground-floor canopies only.

Canopy signs may be externally illuminated only.

Canopy signs shall not exceed 1.5 feet in height or the height of vertical thickness of the canopy, whichever is greater.

Canopy signs attached below the canopy must have a minimum clearance of 10 feet.

The sign area of a canopy sign shall be counted toward the total allowable wall sign area of the parallel face to which the marquee is attached.

Signage area calculation:

Window signs shall not be considered temporary signage if they are not intended to be changed or replaced within a calendar year from date of installation, or text exceeds six inches in height.

Signs hanging from a ceiling or post that are not affixed to the glass of the window but within 12 inches of the window shall be considered as a window sign.

Signage area calculation:

No portion of a projecting sign may be higher than the top of the building.

No portion of a projecting sign may be located higher than the second floor of the building.

Any part of a sign extending over pedestrian areas must have a minimum height clearance of 10 feet.

The projecting sign may not project more than three feet from the building line and shall not be nearer than four feet to the curb line of the street.

The sign post or bracket is not included in the signage calculation.

Signage area calculation:

A freestanding bracket sign may be located only on a site frontage adjoining a public street.

The sign post shall have a maximum height of six feet.

The sign shall be mounted on one or more posts not to exceed a diameter greater than eight inches.

The sign post or bracket is not included in the signage calculation.

Signage area calculation:

One monument sign allowed for each frontage along a primary or secondary street.

Must be set back at least 12.5 feet from the front property line and in no case may interfere with safe vehicle and pedestrian traffic.

May not be closer than 80 feet from any other monument sign located on the neighboring lots on the same frontage.

A monument sign may be used as a multitenant directory sign indicating the name of the occupants of a building or multiple buildings. Each business may have no more than one sign within the multitenant monument sign.

Signage area calculation:

A sidewalk sign must be located at least 10 feet from any other sidewalk sign.

Sidewalk signs must be placed indoors at the close of each business day.

Sidewalks cannot obstruct vehicular or pedestrian traffic and must comply with ADA clearance and accessibility requirements.

Sidewalk signs may not be illuminated.

Signage area calculation:

One sign identifying the name of a project located at the entrance to a development that has:

Each shopping center or mall may have one double-faced monument sign no more than the maximum area prescribed by this article on each side, except that if the sign is single-faced, the area of the sign shall not exceed than the maximum sign area prescribed by this article.

Tenants.

Each property shall be permitted a maximum square footage of sign area based on the zoning district in which it is located.

Regulations per district are subject to the maximum square footage as defined below. In no instance, exclusive of a variance granted by the Zoning Board of Appeals per Article VIII, Administration and Enforcement, may a business or organization exceed the maximum square footage as follows:

Flags of any nation, state, municipality, or political subdivision, flags officially designated as a national, state, or local symbol, or flags of fraternal, religious, and civic organizations. Flags may be freestanding or wall-mounted.

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 governmental agencies, religious or nonprofit organizations.

Nonilluminated warning, private drive, posted or no trespassing signs, not exceeding two square feet per face.

Number and name plates identifying residences, mounted on house, apartment or mailbox, not exceeding one square foot in area.

Lawn signs identifying residences, not exceeding one square foot per face. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.

Integral graphics or attached price signs on gasoline pumps at automotive service stations.

Seasonal and holiday decorations, including lighting, are exempt from the provisions of this chapter and may be displayed in any district without a permit.

Decals, logos, emblems, or price signs that identify the name of a business, under 64 square inches.

Signs incidental to places of worship, libraries, museums, schools, private clubs or societies, and other public or semipublic uses which shall not exceed 16 square feet in area, and shall be located on the premises of such institution provided that signs are located not closer than 10 feet to any property line. One sign permitted per lot.

One home occupation sign shall be permitted for an approved home occupation, wherever such uses are permitted. Such sign shall be no larger than two square feet and shall not be closer than 10 feet from any property line, and, if a freestanding bracket sign, shall not exceed six feet in height above the natural grade which the sign is located. Home occupation signs in the R-1 and R-2 District are only permitted one wall sign or one window sign not to exceed 20% of the window area.

Murals or similar designs, images, or expressions on the exterior of a building, generally for the purpose of decoration or artistic expression, including, but not limited to, paintings, markings, and etchings, and does not include any on or off-site advertisement for a commercial, industrial, or other nonmunicipal entity, person, or corporation.

Light pole banners on private property are allowed as follows:

Directional signs.

One sign is permitted per lot, except that on a corner lot two signs, one facing each street, shall be permitted. Such signs shall not be posted more than two weeks prior to the event and no longer than three days after the event.

In addition to temporary signs, signs authorized below are permitted within the City of Auburn, and are authorized only under the circumstances and limitations described.

To encourage the installation of murals on private property as a vital part of Auburn's urban landscape.

To ascertain that private property murals do not create unsafe distractions to drivers and jeopardize public safety.

To ascertain that murals on private property are not commercial.

To maintain for the City's residents, workers and visitors an aesthetically attractive environment and to advance the aesthetic and cultural interests of the City.

To preserve the value of property located adjacent to the property where a private property mural is erected.

To effectively balance legitimate efforts of property owners to display murals with the public safety needs and aesthetic interests of the City.

To protect free speech rights provided by the Constitution of the State of New York and the United States Constitution.

To inform and answer questions of the residents and business located in the neighborhood where a private property mural may be installed with the goal of developing neighborhood pride regarding the mural.

To encourage artistic expression.

A mural may be installed on private, nonresidential property only after the issuance of a permit in accord with this article. The requirements of this article shall not apply to residential property as defined in Article II, Definitions.

All commercial messages shall be regulated by Article V, Sign Regulations. In addition, Article V, Sign Regulations, shall regulate all displays of noncommercial messages which qualify under Article V, Sign Regulations, as a substitute for a commercial message display.

Where a proposed mural has mixed commercial and noncommercial messages, the mural shall be deemed commercial, the application (as defined in § 305-77D, Permit application, below) shall be denied, and the limitations of Article V, Sign Regulations, shall apply to the entire display and not just to the portion that contains a commercial message.

The name of the artist creating the permitted mural and the name of a sponsor may be displayed on an adjacent plaque or similar display that is no more than eight inches in height and eight (18) inches in length provided that such plaque or adjacent display is made a part of the mural application.

Refer to Article V, § 305-79, Permitting, for permit procedures.

Before a mural may be installed, an application for mural installation (the "application") shall be submitted to the City of Auburn's Code Enforcement Officer.

The application form shall require that the following information:

The Code Enforcement Officer shall forward a copy of a completed application to the Design Review Committee for consideration of two certifications.

The Design Review Committee shall provide written comments and a recommendation for approval or denial of the mural installation permit to the Code Enforcement Officer within 10 days of the meeting in which the review of the complete mural installation application occurs.

If recommended for approval by the Design Review Committee, the Code Enforcement Officer may issue the permit for mural installation.

If not recommended by the Design Review Committee, no permit shall be issued until requested modifications are made to the application and resubmitted or the applicant moves forward with a sign permit application.

The painted parts of signs and any supports of the sign, unless such parts are galvanized or otherwise treated to prevent rust, must be painted at least once every three years.

Any sign found to be broken, damaged, or unsafe upon inspection by the Code Enforcement Officer must be repaired or made secure by the applicant, sign owner, or property owner. The Code Enforcement Officer will give notice by registered or certified mail, return receipt requested, to any of the above-named persons to repair or remove the unsafe sign within five days of receipt of said notice. If the sign is not repaired, made secure, or removed within 30 days, or within any additional time specified, the Code Enforcement Officer will revoke the sign permit and remove the sign.

If a sign is found to be a source of imminent peril to persons or property, the Code Enforcement Officer will remove the sign or otherwise secure the sign without notice to the applicant, sign owner, or property owner.

Whenever the Code Enforcement Officer determines that there has been a violation of this article, written notice will be served upon the applicant, sign owner, or property owner by registered or certified mail, return receipt requested, at the person's last known address. The notice will specify the alleged violation, provide a reasonable time frame within which the violation is to be corrected, state what legal remedies will be imposed upon failure to correct the violation, and inform the individuals of their right to appeal to the Zoning Board of Appeals. The notice of violation will automatically become a final order if the violation is not corrected within the time allowed or if an application for appeal is not submitted to the Code Enforcement Officer within seven days from receipt of the notice.

If at any time the Code Enforcement Officer determines a sign is in disrepair, the owner/tenant of the property shall repair or remove said sign within 15 days of notice to the owner/tenant by the Code Enforcement Officer. Failure to do so shall result in removal by the Code Enforcement Office. The cost of this removal shall be charged to the owner of the property.

No sign shall be erected, enlarged, expended, altered, or relocated unless a sign permit evidencing the compliance of such work with the provisions of this chapter and other applicable provisions of this chapter shall have first been issued.

Routine maintenance, changing of parts designed to be changed or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a sign permit.

Sign permit application. An application for a sign permit shall be made in writing to the Code Enforcement Officer upon forms prescribed by and provided by the Code Enforcement Office, and shall contain the following information:

Review of permit. The Code Enforcement Officer shall carefully consider the application for compliance with this article and either issue or deny a sign permit. The Code Enforcement Officer may defer the authority to approve or deny a sign permit to the Planning Board at his/her discretion.

Appeals. Should an applicant choose to appeal a decision by the Code Enforcement Officer to deny issuance of a sign permit, an application for an appeal shall be filled out and submitted along with supporting documents to the Zoning Board of Appeals for action.

Whenever an activity requires site plan review pursuant to Article VI, Site Plan Review, prior to approval and that activity will include signage as part of its operation, the review of such signage shall be a part of the site plan review process.

All sign site plan approval applications to be heard by the Code Enforcement Officer are hereby classified as "unlisted actions," under Part 617 of the State Environmental Quality Review (SEQR) regulations. All applications for sign site plan approval must be accompanied by a completed short form environmental assessment form for unlisted actions.

Upon receipt of a complete application, the Code Enforcement Officer, within 60 days, must approve, modify or deny any application for a sign site plan. Any modification or denial of a sign site plan shall be accompanied by a brief statement of the reason for such modification or denial.

The Code Enforcement Officer may modify a sign site plan application, provided that such modification does not result in the need for any variances from these regulations. All sign site plan modifications must directly relate to the statements of purpose and intent set forth in this chapter.

The Code Enforcement Officer may defer the authority to approve or deny a sign site plan to the Planning Board at its discretion.

Once an application has been approved, the Code Enforcement Officer shall issue a sign permit. Said permit shall be valid for a period of 120 days from the date of issuance. The permit may be extended one time, for a period of 60 days, upon approval of the Code Enforcement Officer and upon payment of an additional fee, prior to the expiration of the initial one-hundred-twenty-day period. If a certificate of compliance is not issued within the one-hundred-twenty-day period, or if applicable, the renewal period for the sign permit, said sign permit shall expire.

Within seven business days after the placement of the approved sign, the Code Enforcement Officer shall verify the sign is installed correctly and to the specifications approved. Upon presentation of the evidence of erection of the sign in compliance with this chapter and a sign permit, the Code Enforcement Officer shall issue a certificate of compliance.

Should the Code Enforcement Officer, upon inspection, find the sign not in compliance with the sign permit, the applicant shall be so notified by certified mail within 10 business days of the inspection. The applicant shall have up to 30 business days from the date of the receipt of the certified mail notification letter to correct the cited deficiencies and to notify the Code Enforcement Officer of said change(s). In no event shall said additional thirty-day period extend the validation period for the sign permit.

The Code Enforcement Officer or other designated local official shall issue a permit number for each sign, which shall be kept on file in the Code Enforcement Office.

Banners, ribbons, streamers, spinners, balloons, or other similar moving, fluttering, revolving, flashing, smoke-generating or visual signal generating or animated devices that contain a message or content used for the purpose of advertising.

Any sign that advertises an activity, business, product, or service no longer conducted or available on the premises on which the sign is located.

Digital or electronic signs which display constantly moving or flashing content.

Roof signs which are designed and erected on and supported by the roof of the building or structure.

Portable signs on wheels, except pursuant to Article V, § 305-76B, Temporary signs.

Signs that constitute a traffic hazard including those that:

Cap and replace. No new billboards shall be established within the City except through the cap and replace regulations. One new digital billboard face can be placed in the HC Highway Commercial Zoning District if the advertising company removes four existing billboard faces from any other zoning District.

Permit required. A new billboard, in accordance with the cap and replace regulations, shall be permitted in the HC Highway Commercial Zoning District only upon issuance of a special use permit by the Planning Board in accordance with Article VIII, § 305-104, Special use permits.

General regulations. The Code Enforcement Officer shall not issue such a permit unless the billboard conforms to the following:

Approval.

A change in ownership of the home or business to which the sign applies; such change must involve a change in the actual persons owning the home or business, rather than a mere change in their corporate status.

A change in use.

Destruction, damage, or disrepair of said sign to the extent that 51% of its replacement cost must be expended in its repair.

Creation of a hazard or disturbance to the health, safety and welfare of the general public as determined by the Code Enforcement Officer.

Nonconforming signs must be properly maintained, but may not be changed to another nonconforming sign, either due to a change in text, cosmetically, or structurally. Any change in the advertising copy to legal, nonconforming billboard signs would not be subject to this subsection.

Nonconforming signs may not be structurally or electrically expanded or altered unless such alteration brings the sign into conformance with the provisions of this section.

Nonconforming signs may not be relocated to another site on the same property.

Nonconforming signs may not be reestablished after discontinuance for 30 consecutive days.