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Big Flats City Zoning Code

CHAPTER 17

52 - SIGNS

17.52.010 - Sign requirements generally.

A.

No sign of any kind may be altered, erected, or established in the town except in conformance with the requirements in this chapter.

B.

The only signs permitted are those listed in Section 17.52.020.

(LL No. 1, 2021, § 1)

17.52.020 - Permitted sign description.

A.

Identification Signs.

1.

Awning. A sign painted, printed, affixed, or displayed on an awning attached to an exterior surface of a building containing a general, business, or industrial use listed in Section 17.12.010.

2.

Façade. A sign, painted on, inscribed on, or attached to an exterior surface of a building, not exceeding ten (10) feet above the roofline of a structure and below the ridgeline of a structure where applicable, containing a general, business, or industrial use or accessory use associated with the general, business, or industrial use listed in Section 17.12.010 and without having any portion thereof extending more than eight inches from the building surface. Façade sign does not include architectural treatments, painting or other building construction that does not contain or promote the use or accessory use.

3.

Projecting. A sign attached to and having any portion thereof extending more than eight inches from the surface of a building containing a general, business, or industrial use listed in Section 17.12.010.

4.

Freestanding. A sign supported by a structure independent of a building, at least twelve (12) feet in height, and installed on a lot containing a general, business, or industrial use listed in Section 17.12.010.

5.

Directory. A sign that contains the names of the principal uses located in a mall or plaza.

6.

Monument. A sign supported by a structure independent of a building, no greater than twelve (12) feet in height, and installed on a lot containing a general, business, or industrial use listed in Section 17.12.010.

B.

Accessory Signs.

1.

Directional. A sign located near a drive entrance only indicating direction or calling attention to vehicular or pedestrian traffic entrances by displaying arrows or directional words. Directional signs may also include signs within parking areas to denote areas for customer pick-up, waiting, and/or loading zones. All directional signs shall be in accordance with subsection 17.52.030(A)(6) and subsection 17.52.030(C)(4).

2.

Mandated. Any sign, not illuminated, required by a federal, state, county or local law or rule.

3.

Memorial. A sign, not illuminated, authorized by the town board, county legislature, or the governor or legislature of the state to honor, or identify a person, event, organization, or place of local or regional historic interest or importance.

4.

Portable. A sign that is temporary and not structurally attached to the ground, a building, a structure, or another sign, including sidewalk signs regardless if such sign is on its own trailer, wheels or otherwise designed to be movable.

5.

Sandwich Board. A two-sided "A" frame, temporary sign, not illuminated, placed on, without any physical attachment to, the ground.

6.

Informational. A sign, not illuminated, that directs travelers to essential services such as gas, food and lodging, public services or a hospital and installed in a right-of-way, under the jurisdiction of a government authority.

7.

Construction. A temporary sign, not illuminated, and used on property under construction to denote a contractor, design engineer/architect, financing institution and/or developer or development.

8.

Poster. A temporary sign, not illuminated.

9.

Electronically Activated. Changeable sign whose display can be changed by means of remote electronically on-off switching combinations or alphabetic or pictographic components arranged on a display surface. A display on an electronically activated changeable sign shall remain static for a period of time not less than eight seconds or as per the most current regulations and standards as defined by the state department of transportation. The only appearance of movement permitted is the transition from one display to another which shall occur instantaneously but no more than two seconds. Electronically activated signs shall be permitted in all zoning districts; however, electronically activated signs are not permitted for residential uses as defined in Section 17.12.010 within any zoning district.

a.

Electronic Time/Temperature/Date Sign. A sign which only displays time, temperature, and/or calendar date shall not flash and shall transition from one display to another which shall occur in a time period not to exceed two seconds.

10.

Freestanding. A sign of which is co-located on an identification freestanding sign, as described in subsection 17.52.020(A)(6).

(LL No. 1, 2021, § 1)

17.52.030 - General requirements.

A.

All signs shall comply with the following requirements:

1.

The installation of a sign, except for a mandated by federal, state, or local government, and as provided in Section 17.52.040, shall require a building permit.

2.

A sign shall be constructed and installed in compliance with applicable provisions of the state uniform fire prevention and building code.

3.

No sign shall be located at or near an intersection in violation of Section 17.36.070, clear vision zone, or in any manner which may cause a traffic hazard at the intersection. A sign shall not be located where, by reason of the position, shape or color of the sign, it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device, nor shall any sign make use of the word "stop," "look," "drive-in," "left" or "right," or any other word, phrase, symbol or character in such a manner as to distract, mislead or confuse traffic.

4.

No sign shall be placed on a roof or on a cupola or similar roof mounted structure or on top of a parapet or similar architectural element of a building.

5.

No sign shall be more than thirty-six (36) feet in height above the finished grade or the grade shown on a grading plan of a site plan approved by the planning board, unless otherwise stated. Grading of a site for the purpose of raising the elevation of a sign contrary to this section is prohibited, except as shown in an approved site plan.

6.

Each sign on a lot shall be set back a minimum of five feet from the edge of any road, unless otherwise stated.

7.

No sign shall be permitted in any road right-of-way.

8.

Any flashing sign is prohibited.

9.

Reserved.

10.

All signs, sign finishes, supports and electric work shall be maintained, kept clean, neatly painted, and free from all hazards, such as but not limited to faulty wiring, loose supports, braces, guys, and anchors.

11.

No utility pole or tree, or the like, located in any public right-of-way or public easement shall be used for the posting of signs.

12.

No trailer or vehicle shall be intentionally parked on the premises in a manner to serve as a sign.

B.

The following requirements apply to an identification sign:

1.

A projecting or free standing sign projecting over a pedestrian way shall have a clearance of not less than ten (10) feet above the way or finished grade. A projecting or free standing sign shall not project over a lot line or right-of-way. No projecting or free standing sign shall project over a drive, internal drive, or parking area unless the sign has a clearance from finished grade of fifteen (15) feet.

2.

An identification sign on a lot containing a general, business, or industrial use listed in Section 17.12.010 may be internally illuminated.

C.

The following requirements apply to all accessory signs:

1.

Temporary sign:

a.

A temporary sign may be allowed only for a cumulative time period not to exceed ninety (90) days in any consecutive twelve (12) month period.

b.

When computing time restrictions for each temporary sign any fraction of a day used hall construed to be one full day.

c.

A temporary sign shall not exceed fifty (50) square feet in sign area and shall not exceed sixteen (16) feet in height.

d.

A maximum of seven cumulative days within any one calendar year, unless otherwise stated, for any temporary sign constructed of raw paper and/ or raw paper products.

2.

Wherever an informational sign is installed, its sign area shall not exceed the permitted sign area for a free standing sign in the underlying district in which it is located.

3.

A construction sign shall be removed within fifteen (15) days of the completion of construction or the issuance of any certificate of occupancy or compliance, whichever occurs first.

4.

Directional Sign:

a.

Every directional sign near a drive entrance direction entering and existing traffic shall not project more than four feet above the finished grade and shall not be located in such a manner as to violate any provisions of Section 17.36.070.

b.

All types of directional signs shall not exceed six square feet.

c.

The number of directional signs shall not exceed two for each drive.

d.

Every directional sign located within the parking area to denote designated areas for customer pick-up, waiting, and/or loading zones shall not project more than twelve (12) feet above the finished grade and shall not be located in such a manner as to violate any provisions of Section 17.36.070. The number of these type of directional signs within parking areas shall not exceed four unless authorized by the planning board as part of the site plan review.

(LL No. 2, 2021; LL No. 1, 2021, § 1)

17.52.040 - Signs permitted in any district.

A.

In accordance with subsection 17.52.030(A)(1), no building permit shall be required for any sign listed in this section provided they are displayed and located as follows:

1.

Poster.

a.

Maximum sign area per face located in the R1, R2, RU, C, TC, TC2, TCR, RCD, BN, BN2 or BNR districts: twelve (12) square feet.

b.

Maximum sign area per face located in a district not listed in subsection (A)(2)(a): twenty (20) square feet.

c.

No poster signs shall be placed between the edge of any road and the sidewalk, where sidewalks exist.

2.

Memorial Sign.

a.

Maximum sign area per face: twelve (12) square feet.

b.

Number of signs permitted: one on a lot.

c.

Location permitted: on a lot or in a right-of-way as permitted by the authority having jurisdiction.

d.

Maximum height permitted: ten (10) feet above finished grade.

3.

Informational Sign.

a.

Maximum sign area per face: as permitted by the authority having jurisdiction.

b.

Number of signs permitted: as permitted by the authority having jurisdiction.

c.

Location permitted: in a right-of-way as permitted by the authority having jurisdiction.

4.

Sandwich Board.

a.

Maximum sign area per face: twenty (20) square ft.

b.

Number of signs permitted: two.

5.

Construction Sign.

a.

Maximum sign area per face: twelve (12) square ft.

b.

Number of signs permitted: two for any single construction site or development

c.

Location permitted: on a lot where a construction activity is being performed.

d.

Maximum height permitted: eight feet above finished grade.

e.

All construction signs shall be removed within thirty (30) days of obtaining a certificate of occupancy

6.

Home Occupancy Sign.

a.

Maximum sign area per face: two (2) square ft. in R1, R2 and TCR districts and four (4) square feet in RU, C, TC, TC2, BN, BN2, BNR, BR, ABD, CL, and I district.

b.

Number of signs permitted: one on a lot where home occupancy use is located.

c.

Location permitted in all districts: affixed to a dwelling unit or a post.

d.

Maximum height permitted: eight feet above finished grade.

(LL No. 1, 2021, § 1)

17.52.050 - Sign requirements by principal use and district.

A.

Sign requirements for a residential use and an accessory use associated with the residential use, listed in Section 17.12.010 and located in a R1, R2, RU, C, TC, TC2, TCR, RCD or BNR districts are as follows:

Permitted sign from Section 17.52.020 Maximum sign area per face in square feet Number of signs
permitted
Maximum sign height
Development Twenty (20) sq. ft. Two Twelve (12) ft.

 

B.

Sign requirements for general use and an accessory use associated with the general use, listed in Section 17.12.010 and located in any district are as follows:

Permitted sign from Section 17.52.020 Maximum sign area per face in square feet Number of signs permitted Maximum sign height
Façade The lesser of ten (10) percent of the area of the side of the building the sign is installed on or one hundred (100) sq. ft. of the side. Not to exceed two Twenty-four (24) ft.
Projecting Twelve (12) sq. ft. One Twenty-four (24) ft.
Freestanding Forty (40) sq. ft. Not to exceed two on a lot Twenty-four (24) ft.
Monument Forty (40) sq. ft. Not to exceed two on a lot Twelve (12) ft.

 

C.

Sign requirements for a business use, except in a mall or plaza, and an accessory use associated with the business use, listed in Section 17.12.010 and located in a R1, R2, RU, C, TC, TC-2, RCD, BN, BN2, or BNR districts are as follows:

Permitted sign from Section 17.52.020 Maximum sign area per face in square feet Number of signs permitted Maximum sign height
Façade The lesser of ten (10) percent of the area of the side of the building the sign is installed on or one hundred (100) sq. ft. of the side. Not to exceed two for each principal use and one for each accessory use.
Twenty-four (24) ft.
Projecting Twelve (12) sq. ft. One for each principal use. Twenty-four (24) ft.
Freestanding Forty (40) sq. ft. Not to exceed two Twenty-four (24) ft.
Monument Forty (40) sq. ft. Not to exceed two Twelve (12) ft.
Awning The lesser of ten (10) percent of the area of the side of the building the sign is installed on or forty (40) sq. ft. of the side. One for each principal use and one for each accessory use. Twenty-four (24) ft.

 

D.

Sign requirements for a business use, except in a mall or plaza, and an accessory use associated with the business use listed in Section 17.12.010 and located in the BR district are as follows:

Permitted sign from Section 17.52.020 Maximum sign area per face in square feet Number of signs permitted Maximum sign height
Façade The lesser of ten (10) percent of the area of the side of the building the sign is installed on or two hundred (200) sq. ft. of the side. Not to exceed two for each principal use and one (1) for each accessory use. Fifty-six (56) ft.
Projecting Twenty-four (24) sq. ft. Not to exceed two for each principal use and one for each accessory use. Twenty-four (24) ft.
Freestanding Fifty (50) sq. ft. Not to exceed two on a lot Thirty-six (36) ft.
Monument Fifty (50) sq. ft. Not to exceed two on a lot Twelve (12) ft.
Awning The lesser of ten (10) percent of the area of the side of the building the sign is installed on or one hundred (100) sq. ft. of the side. One for each principal use and one for each accessory use. Twenty-four (24) ft.

 

E.

Sign requirements for a mall or plaza located in a TC, TC-2, BN, BN2, BNR, BR, ABD, CL, or I district are as follows:

Permitted sign from Section 17.52.020 Maximum sign area per face in square feet Number of signs permitted Maximum sign height
Mall/plaza One hundred (100) sq. ft. Two for each block of floor area. * Thirty-six (36) ft. in BR, twenty-four (24) ft. in TC, TC-2, BN, BN2, BNR, ABD, CL, or I
Directory Six hundred (600) sq. ft. Two for each block of floor area. * Twenty-four (24) ft.

 

* A block is an area either over zero and up to five hundred thousand (500,000) square feet or over five hundred thousand (500,000) and up to one million (1,000,000) square feet or over one million (1,000,000) square feet.

F.

Sign requirements for each tenant principal use and an accessory use associated the tenant principal use, listed in Section 17.12.010, within a mall or plaza and located in the TC, TC-2, BN, BN2, BNR, BR, ABD, CL, or I district are as follows:

Permitted sign from Section 17.52.020 Maximum sign area per face in square feet Number of signs permitted Maximum sign height
Façade The lesser of ten (10) percent of the area of the side of the building the sign is installed on or three hundred fifty (350) sq. ft. of the side. Two for each principal use and one for each accessory use. ** Thirty-six (36) ft. in BR, twenty-four (24) ft. in TC, TC-2, BN, BN2, BNR, ABD, CL, or I
Projecting Twenty-four (24) sq. ft. One for each principal use. Twenty-four (24) ft.
Awning The lesser of ten (10) percent of the area of the side of the mall building the sign is installed on or two hundred (200) sq. ft. of the side. One for each principal and one for each accessory use. ** Twenty-four (24) ft.

 

* A block is an area either over zero and up to five hundred thousand (500,000) square feet or over five hundred thousand (500,000) and up to one million (1,000,000) square feet or over one million (1,000,000) square feet.

** The aggregate façade sign area shall be the lesser of fifteen (15) percent of the area of the side of the building the sign is installed on or three hundred fifty (350) square feet of the side for all signs on the side of the building.

G.

Sign requirements for a business or industrial use, except in a mall or plaza, and accessory use associated with the business or industrial use, as listed in Section 17.12.010 and located in the ABD, CL or I district are as follows:

Permitted sign from Section 17.52.020 Maximum sign area per face in square feet Number of signs permitted Maximum sign height
Façade The lesser of ten (10) percent of the area of the side of the building the sign is installed on or two hundred (200) sq. ft. of the side. Two for each principal use and one for each accessory use. ** Twenty-four (24) ft.
Freestanding Forty (40) sq. ft. Not to exceed two on a lot. Twenty-four (24) ft.
Awning The lesser of ten (10) percent of the area of the side of the building the sign is installed on or two hundred (200) sq. ft. of the side. One sign for each principal use and one for each accessory use. ** Twenty-four (24) ft.
Projecting Thirty-six (36) sq. ft. One for each principal use. Twenty four (24) ft.
Monument Forty (40) sq. ft. Not to exceed two Twelve (12) ft.

 

* A Block is an area either over zero and up to five hundred thousand (500,000) square feet or over five hundred thousand (500,000) and up to one million (1,000,000) square feet or over one million (1,000,000) square feet.

** The aggregate façade sign area shall be the lesser of fifteen (15) percent of the area of the side of the building the sign is installed on or two hundred (200) square feet of the side for all signs on the side of the building.

(LL No. 1, 2021, § 1)

17.52.060 - Aggregate sign area requirement.

A.

The aggregate sign area is the sum of all sign areas on a lot except those of signs listed in Section 17.52.040. At no time are signs to be displayed that will cause an aggregate sign area to exceed the limits set forth in subsection (B).

B.

Aggregate Sign Area Requirements by Use and District.

1.

A residential use and an accessory use associated with the residential use listed in Section 17.12.010 and located in a R1, R2, RU, C, TC, TC2, TCR, RCD, BN, BN2 or BNR district, the maximum aggregate sign area, excluding the sign area of any memorial sign, is thirty-six (36) square feet.

2.

For a general use and an accessory use associated with the general use listed in Section 17.12.010 and located in any district, the maximum aggregate sign area is one hundred sixty (160) square feet.

3.

For a business use, except for a mall or plaza, and an accessory use associated with the business use listed in Section 17.12.010 and located in a R1, R2, RU, C, TC, TC2, RCD, BN, BN2, or BNR district, the maximum aggregate sign area is two hundred fifty (250) square feet.

4.

For a business use, except for a mall or plaza, and an accessory use associated with the business use listed in Section 17.12.010 and located in the BR district, the maximum aggregate sign area is seven hundred fifty (750) square feet.

5.

For a mall or plaza located in the BN, BN2, BR or BNR district, the maximum aggregate sign area is one thousand (1,000) square feet.

6.

For a mall or plaza located in the TC or TC2 district, the maximum aggregate sign area is two hundred (200) square feet.

7.

For each tenant principal use and accessory use associated with a tenant principal use listed in Section 17.12.010 in a mall or plaza and located in the BN, BN2, or BR district, the maximum aggregate sign area is five hundred (500) square feet.

8.

For each tenant principal use and accessory use associated with a tenant principal use listed in Section 17.12.010 in a mall or plaza and located in the TC or TC2, district, the maximum aggregate sign area is one hundred fifty (150) square feet.

9.

For a permitted business or industrial use and accessory use associated with a permitted business or industrial use as listed in Section 17.12.010, located in the ABD, CL and I district, the maximum aggregate sign area is five hundred (500) square feet.

(LL No. 1, 2021, § 1)

17.52.070 - Removal of certain signs.

Any sign now or hereafter existing which relates to a, use no longer conducted on a lot shall be removed by the owner, agent or person having the beneficial use of the lot upon which such sign may be found and within ninety (90) days of cessation of the use except as provided to the contrary elsewhere in this chapter.

(LL No. 1, 2021, § 1)

17.52.080 - Billboard and electronic variable message signs.

A.

Definitions.

1.

Billboard sign means a freestanding sign which is a sign exceeding fifty (50) square feet in area that contains a static display.

2.

Electronic variable message sign means a sign that has electronic displays and has the ability to constantly convey different information to passing motorists.

B.

Permitted Zones.

1.

Billboards shall be permitted through site plan approval only in the business regional (BR) zoning district.

C.

The following requirements shall apply to all billboards and electronic variable message signs:

1.

The maximum height of said sign shall not exceed thirty (30) feet above existing grade.

2.

Area of sign shall not exceed three hundred (300) square feet per side.

3.

Any proposed billboards and electronic variable message signs shall not be located within one thousand (1,000) feet of another existing billboards. Electronic variable message signs must be located two thousand five hundred (2,500) feet from another electronic variable message sign.

4.

Billboards and electronic variable signs shall not be erected within two hundred (200) feet of a library, religious institution, school, public park, playground, cemetery or residential use.

5.

Any billboard or electronic variable sign shall not be located any closer than six hundred sixty (660) feet from the nearest edge of the right-of-way of Interstate 86 without approval from the state department of transportation. Any sign within six hundred sixty (660) feet of the edge of the right-of-way, which is visible from interstate or primary highways and any sign that is more than six hundred sixty (660) feet from the edge of the right-of-way, outside of DOT designated urban areas, and meant to be seen from the interstate or primary highway are subject to the state DOT sign program.

6.

These signs shall adhere to the general requirements of subsection 17.52.030(A) but not subsection 17.52.030(A)(5).

7.

Billboards and electronic variable signs shall not contribute to the aggregate sign area of the use on the subject property of where it is located.

8.

No billboards or electronic variable signs shall be erected on or attached to any building.

9.

All billboards and electronic variable signs shall be constructed in accordance with the state uniform fire prevention and building code.

D.

Electronic Variable Message Signs.

1.

Billboards and electronic variable signs shall comply with subsection 17.52.020(B)(9) or most current regulations and standards as defined by the state department of transportation for commercial electronic variable message signs.

2.

The maximum brightness shall be five thousand (5,000) candelas per square meter for daytime and two hundred eighty (280) candelas per square meter for nighttime. Applicant shall provide documentation showing compliance with the brightness levels including manufacturing specifications and light level test.

3.

Signs may not have flashing, intermittent, or moving light(s), except signs giving public service information.

4.

All electronic variable message signs shall have Amber Alert capabilities. If there are acceptable protocols established by town and/or county emergency officials for emergency messaging, such officials shall coordinate with the applicant to establish an agreed upon mutually acceptable protocol for displaying emergency messages. Upon an agreed upon protocol, sign owners shall cooperate with local officials for displaying emergency messages.

E.

Permit Process.

1.

Any new billboards and electronic variable signs require a site plan approval. Applicant shall submit a site plan application to the code enforcement officer for review and then forwarded to the town planning board who shall review the application pursuant to Chapter 17.32.

2.

Applicant shall provide landowner authorization or redacted copy of the lease showing authorization of landowner for the installation of the billboard or electronic variable signs on the said property.

3.

Applicant shall provide a site plan showing location of proposed billboard or electronic variable sign and a sign detail to show compliance with subsections 17.52.080(C) and (D).

4.

Upon site plan approval, applicant shall obtain a building permit from the code enforcement officer prior to any installation.

5.

Any billboard or electronic variable sign that has been found to not be in compliance with this section or any applicable sections of this code may be removed per subsection 15.04.040(J).

(LL No. 2, 2021)