Brant Town City Zoning Code
ARTICLE IX
Signs
§ 161-47 Standards.
The provisions of this article shall govern outdoor signs and display structures with respect to location, size and maintenance.
A.
No outdoor sign or display structure erected prior to the effective date of this section shall be rebuilt or relocated except in conformity with the provisions of this chapter. The requirements of this subsection shall not, however, be interpreted to prevent repairing or restoring to a safe condition any of the structural supports or the performance of maintenance operations on any existing sign, and, further, at such time that such maintenance is performed, no change in the existing sign shall be accomplished to make the sign nonconforming or nonconforming to any greater degree than at the time of adoption of this section.
B.
When any outdoor sign or display structure or a substantial part thereof is blown down, destroyed, taken down or removed for any purpose other than maintenance, any replacement shall be in conformity with all the requirements of this chapter.
C.
No bills, signs or posters shall be posted nor shall any such medium be affixed in any location of such size as may be in violation of any of the provisions of this chapter.
D.
Any sign projecting over any right-of-way shall maintain a clear and unobstructed height above grade of at least nine feet and shall not be located within two feet of the curbline, curb face or traffic lane.
E.
No outdoor sign or display structure shall be erected, constructed or maintained so as to create or be a traffic hazard by obstructing the view of traffic at any intersection, curve or bend of any roadway or by obstructing or confusing the view to traffic signals, railroad crossing lights or other permanent traffic controls and warning lights.
F.
No outdoor sign or display structure shall be of such character or marking as to duplicate or appear to duplicate any traffic control or highway sign.
G.
Where specific building lines are established or street widening is contemplated, the Code Enforcement Officer may limit the projection of signs in relation to the intended relocation of the curbline in that area.
[Amended 9-16-1992 by L.L. No. 2-1992]
H.
Temporary signs shall conform to the provisions of this section. In addition, cloth, banner and other similar signs shall be included in the temporary permissiveness of this section with special zoning permits issued by the Code Enforcement Officer to be valid for a period of not exceeding 30 days for any one sign to announce special events, sales or circumstances where a permanent display would involve undue expense, provided that such signs meet the following requirements:
[Amended 9-16-1992 by L.L. No. 2-1992]
(1)
The area of such sign must first be permitted in the zoning district where such use is desired.
(2)
No such temporary sign shall be erected as a roof sign.
(3)
Not more than one such temporary sign shall be erected on any lot at the same time and no more than two permits shall be issued for any lot or use in any calendar year.
(4)
No such temporary sign shall be erected or maintained in place without a valid zoning certificate.
I.
Christmas displays and other similar temporary displays erected without advertising shall not be subject to the rules and regulations of this chapter, but they shall, however, conform to the safety standards of the Town and have the approval of the Code Enforcement Officer.
[Amended 9-16-1992 by L.L. No. 2-1992]
J.
Permits and zoning certificates shall be required for all types of signs or other outdoor advertising except as otherwise exempted by this Code. The following conditions and regulations shall apply to issuance of such documents:
(1)
No outdoor sign or display structure shall hereafter be erected, affixed, attached to, suspended from, supported, painted or otherwise utilized without a zoning certificate issued by the Code Enforcement Officer.
[Amended 9-16-1992 by L.L. No. 2-1992]
(2)
Except as provided under this section, a zoning certificate shall be secured for all sign installations.
(3)
No zoning certificate shall be required for the following signs:
(a)
Signs painted or affixed to the inside surfaces of windows or doors which pertain to the business conducted therein.
(b)
Reposting of bills, signs or posters on signs legally erected and maintained for such purpose.
(c)
Municipal street, traffic emergency control and railroad crossing signs.
(d)
Legal notices and house numbers.
(e)
Temporary signs or displays authorized by municipal authorities.
(4)
Permit fee.
[Amended 9-16-1992 by L.L. No. 2-1992; 10-10-1995 by L.L. No. 3-1995]
(a)
Temporary signs for farm products placed on someone else's property: minimum fee as set forth from time to time by resolution of the Town Board.
(b)
Permanent signs:
[1]
Under 40 square feet: as set forth from time to time by resolution of the Town Board.
[2]
Forty to 100 square feet: as set forth from time to time by resolution of the Town Board.
[3]
Over 100 square feet: as set forth from time to time by resolution of the Town Board.
K.
The computed area of all signs shall be measured by the smallest rectangle which will contain the entire area of the sign or other form of outdoor advertising, exclusive of the structural supports, but inclusive of architectural features.
L.
Advertising displays.
(1)
No signboard, billboard or other advertising display shall be permitted to advertise products or businesses other than those sold upon or having occupancy upon the same lot or parcel of land as the sign.
(2)
Exception. The owner of real property located within the Town may erect on only one lot or parcel of said real property of legal size a sign advertising a product or business not sold upon or having occupancy upon said lot or parcel so long as said owner is a controlling principal or owner or significant shareholder in said business or maker of said product. Said sign shall comply in all respects with this or other applicable laws or ordinances and may be permitted on a case-by-case basis and pursuant to all the requirements of a special use permit set forth in Article VII of this chapter. Said owner shall be required to apply for a special use permit and submit proof that he is in full compliance with the requirements of this exception.
[Added 5-11-1993 by L.L. No. 1-1993]
M.
Sign removal deposit. Anyone installing a new sign after the adoption of this chapter shall deposit the following sums, which shall be returnable after the sign has been removed. If the sign has not been removed by March 1, the deposit shall not be returned to the sign renter but used by the Town for removal.
[Amended 9-16-1992 by L.L. No. 2-1992; 10-10-1995 by L.L. No. 3-1995]
(1)
Signs under 40 square feet: as set forth from time to time by resolution of the Town Board.
(2)
Signs under 100 square feet: as set forth from time to time by resolution of the Town Board.
(3)
Signs over 100 square feet: as set forth from time to time by resolution of the Town Board.
§ 161-48 Signs for nonconforming uses.
A.
Directional or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue, and any such signs shall not be expanded in area, height, number or illumination.
B.
New signs for a nonconforming use in a business or manufacturing district are permitted, not exceeding 30 square feet of exterior surface, and may be erected only after all other signs are removed.
§ 161-49 Permitted signs.
A.
A, R-R, R-1 and R-2 Districts:
(1)
One unlighted sign not over 12 square feet in area for personal identification or home occupations and home professional occupations.
[Amended 9-16-1992 by L.L. No. 2-1992]
(2)
Farms shall be permitted sign area of not over 40 square feet to identify each such farm and additional sign area of 40 square feet for advertising such products as are raised on said farm and sold from a stand located upon said farm.
(3)
One illuminated bulletin board or identification sign not exceeding 40 square feet for any school, hospital or any public or semipublic use.
(4)
One unlighted real estate sign advertising the sale, rental or construction on only the premises on which it is maintained, not exceeding a total area of 12 square feet. Such sign shall be removed upon completion of the project or within 90 days, whichever occurs first.
(5)
Multifamily residences: one sign not exceeding six square feet in area.
B.
C District:
(1)
Separate business uses are permitted no more than 300 square feet of outdoor advertising, so long as no single sign face has more than 60 square feet of area.
(2)
Shopping centers (where permitted):
(a)
Each use or business within the shopping center may erect a sign containing not over 40 square feet of area on either of two faces.
(b)
The shopping center as a unit may erect no more than two signs to advertise the center as such, so long as the aggregate area of such signs is not over 1,000 square feet and no single sign is over 500 square feet on either of two faces.
C.
I District:
(1)
Farms: same as Subsection A(2) above.
(2)
Four hundred square feet for each use or any one industry in a building covering more than 55,000 square feet of land area in I Industrial District shall be permitted oversize sign area, calculated at 2% of the floor area over 40,000 square feet, but in no case shall any sign in an I Industrial District be larger than 1,000 square feet.
[Amended 9-16-1992 by L.L. No. 2-1992]
D.
Limitations:
(1)
The limitations on signs as set forth for the various zones by this chapter shall not apply to any sign or directional device erected by the federal, state, county or local government or agency thereof.
(2)
The limitations on sign area as set forth by this chapter for the business and industrial zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises, provided that such signs do not exceed two square feet in area on any one side and do not contain any advertising of the use on the premises.
(3)
No animated or flashing signs shall be permitted.
(4)
No signs shaped or resembling traffic signs shall be used for advertisement purposes.
(5)
No sign shall be erected above the roofline of any building.
(6)
No freestanding billboards shall be permitted.