Coxsackie Town City Zoning Code
ARTICLE VIII
Signage Regulations
§ 201-56 Purpose.
The purpose of this article 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 encourage the use of signs as a means of communication, to protect pedestrian and vehicular safety, to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, to preserve the scenic and natural beauty, to provide for the safety of road passage, and to enhance the Town of Coxsackie's ability to attract sources of economic development and growth.
The Town Board desires to address the establishment, placement, construction, enlargement, and erection of signs on a comprehensive Town-wide basis, rather than on the present ad hoc basis. In order to further this purpose, it is important that location, size, appearance, illumination, traffic safety, height, construction and quality, among other things, be reviewed in considering the health, safety and welfare of the residents of the Town of Coxsackie.
It is further the purpose of this article to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by overhanging or projecting signs over public rights-of-way.
It is further the purpose of this article to prevent and avoid serious detrimental environmental, planning and economic concerns in order to effectuate solutions to those serious and detrimental conditions which threaten the Town of Coxsackie by allowing degradation of its significant environmental and agricultural resources and in order not to undermine the conscious and continuous determination by the Town to resolve and lessen such threats to the health, safety and welfare of the citizens of the Town of Coxsackie.
§ 201-57 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A sign painted on, printed on, or attached flat against the surface of an awning made of canvas or fabric or similar material, which is affixed to a building and projects therefrom. Such signs may or may not be fixed or equipped with a mechanism for raising and holding an awning in a retracted position against the building. An awning sign shall only display the business name and graphic logo.
A sign on which the visual message may be periodically changed.
A sign limited to providing information on the location of an activity, business or event.
An electronic sign or display which uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes for the purpose of conveying a variety of messages and/or advertisements by means of moving text or image.
A self-supporting sign resting on, or supported by means of poles, posts, or standards.
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.
Any sign attached to a marquee for the purposes of identifying a theater or movie house.
A sign attached to a brick, stone, or masonry wall or structure that forms a supporting base for the sign display.
A sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
A sign related to a business or a profession conducted, or to 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 attached to the ground, a building, a structure or another sign.
A sign which is attached to the building wall or structure and which extends horizontally no more than 15 inches from the surface to which it is mounted, nor project above the wall, roofline, or surface to which it is mounted, nor in any way interfere with normal pedestrian or vehicular traffic. A minimum height clearance of 10 feet is required.
A three-dimensional sign built so as to physically represent the object advertised.
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 indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.
A listing of two or more business enterprises, consisting of matrix and sign components, on one sign structure.
The distance from the highest portion of the sign to the mean grade at the base of the sign. In the case of a sign located on an isolated mound, height shall be measured to the original grade.
The supports, uprights, bracing and framework for the sign. In case of a sign structure consisting of two or more sides where the angle formed between any two of the sides or the projections thereof exceeds 30°, each side shall be considered a separate sign. In the event that the angle formed between any two of the sides or the projections thereof is less than 30°, the sign shall be considered a double-sided single sign.
The entire area within a single continuous perimeter, enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Both faces of a double-faced sign shall be included as surface or area of such a sign, unless specified otherwise in the Town Code.
A group of commercial establishments planned, constructed or managed as a single entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
A sign that is not permanently affixed to a building or the ground for a period not to exceed 45 days in any calendar year, unless specified by the Town Code.
Any vehicle and/or trailer to which a sign is affixed in such a manner that the carrying of the sign is no longer incidental to the vehicle's purpose but becomes the primary purpose of the vehicle.
A sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall and not extending more than 15 inches from the face of such wall.
A sign mounted or painted on a window, or inside a structure, such that it is intended to be seen through a window from the outside.
§ 201-58 Prohibited signs.
Erection or maintenance of the following signs is prohibited within the Town of Coxsackie:
Abandoned or discontinued signs or signs that the Building Inspector/Code Officer determines are unsafe, unsecured or are a menace to the public.
Signs that attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate or resemble any official traffic sign, signal or device.
Signs which prevent the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic. No sign(s) whose design, color or placement impairs visibility or causes confusion to vehicular or pedestrian traffic shall be allowed.
Signs which move or have animated or moving parts, except those giving public service information such as time, date, temperature, weather or similar information.
Signs erected or maintained upon trees, or painted or drawn on rocks or other natural features, or signs painted or otherwise placed upon the bed of a road.
No signs or sign supports shall be placed upon the roof of any building.
All internally lighted freestanding signs in other than MU, C, CI and I zoning districts.
[Amended 4-9-2013 by L.L. No. 1-2013]
All off-premises, commercial signs.
§ 201-59 Exempt signs.
The following signs are exempt from the requirements of this chapter. The following signs may be erected and maintained without a permit or fee, provided that such signs comply with the general requirements of this chapter:
Providing consent of the property owner is obtained and that the placement does not exceed 42 days prior to the relevant election or event and no later than 10 days after said election or event:
[Amended 4-9-2013 by L.L. No. 1-2013]
Political posters, banners and similar signs not exceeding 32 square feet.
Signs or other promotional devices, relating to a special event, festival, or similar activity sponsored by public or nonprofit agencies, not exceeding 32 square feet.
Safety, directional, historical markers, or other types of signs erected and maintained by a public agency, or agricultural notices required to be posted or displayed by federal, state or county regulation.
When not associated with a commercial activity, all historical or memorial markers as well as flags, insignia or emblems of any government or religious organization.
Externally illuminated or nonilluminated signs advertising the sale, lease or rental of the premises upon which the sign is located; one such sign shall be permitted, not to exceed four square feet in area in residential zoning districts. In commercial and industrial districts, one sign not to exceed 16 square feet in area shall be permitted. All such signs shall be set back 10 feet from a public right-of-way.
[Amended 4-9-2013 by L.L. No. 1-2013]
Signs denoting the name and address of the occupants of the premises, which signs shall not exceed four square feet in area and be set back at least 10 feet from the public right-of-way.
Temporary signs denoting the architect, engineer, or contractor placed on premises where construction, repair, or renovation is in progress, which signs shall not exceed 12 square feet in area in nonresidential zoning districts and not exceeding six square feet in area in residential zoning districts and set back at least 10 feet from the public right-of-way. There shall be one such sign per parcel.
One on-premises sign, either freestanding or attached, in connection with any residential building in a zoning district which permits home occupations, not to exceed eight square feet. Such sign shall state name, vocation and telephone number only.
Signs used to post lands in accordance with the New York State Environmental Conservation Law.
Holiday decorations.
Signs used for a roadside stand selling agricultural produce grown on the premises in season, providing that such sign does not exceed 16 square feet in area and be set back at least 10 feet from the public right-of-way. One such sign shall be permitted.
Private owner merchandise sale signs for garage sales and auction, not exceeding six square feet and one in number for a period not exceeding seven days in any one calendar year. One such sign shall be permitted.
Gasoline station signs attached on gasoline pumps, displaying the price of fuel not exceeding two square feet; however, the total size of price, logo and any other signage on a pump shall not exceed a combined total of three square feet.
The reference to residential districts shall include RA-1, RA-2, RR, HDR-1, HDR-2, and WR and the reference to nonresidential shall refer to MU, C, I, CI Districts, unless specifically referred to differently herein.
§ 201-60 Temporary signs.
All signs of a temporary nature, except as otherwise provided by this chapter, shall be permitted for a period not exceeding 30 days prior to the activity or event advertised and not exceeding 10 days after the activity or event. Such signs will not exceed 12 square feet in area in nonresidential districts or six square feet in residential districts.
All persons requesting a temporary sign which exceeds 16 square feet in area shall apply for a permit, with the Town Clerk, at least five days prior to the date that the sign is to be erected. The Building Inspector/Code Officer shall then have an opportunity to review said application and the location and size of the sign to insure that the same does not cause a threat to public health and safety. If the temporary sign is less than 12 square feet in area, no such registration and review through application will be required. In this situation, the Building Inspector/Code Officer will not refer the application to the Planning Board.
§ 201-61 Permanent signs.
Sign surface area requirements. The number of signs permitted and the sign surface allowed are set forth hereafter and is related to, among other things, the frontage of the parcel along the road and/or right-of-way, the size and speed limit of the roadway on which the lot is located and the zoning district in which the property is located.
Nonresidential districts. Properties located in the MU, C, CI, and I Districts shall meet the following standards of this section.
Maximum cumulative sign area. The total cumulative area of all signs permitted in nonresidential districts may not exceed the maximums provided in the table below.
Double-sided signs. If a sign is double faced, only one side of the sign is used to calculate maximum cumulative sign area.
Maximum Cumulative Sign Area | ||||||
|---|---|---|---|---|---|---|
Parcel Road Frontage | ||||||
Zoning District | Less than 100 feet | 100 to 200 feet | 200 to 300 feet | 300 to 400 feet | 400 to 500 feet | 500 feet or more |
Mixed Use | 25 | 35 | 55 | 65 | 75 | 75 |
Commercial | 35 | 50 | 65 | 80 | 100 | 100 |
Corridor Industrial | 35 | 50 | 65 | 80 | 150 | 150 |
Industrial | 35 | 50 | 65 | 80 | 100 | 100 |
Number of permitted signs. In the MU, C, I, CI Districts may have one on-site freestanding sign or monument sign and one other sign. Window signs and awnings may be in addition to the two-sign maximum.
Sign standards. The following limits on size, height and illumination in the table below apply to all sign types:
Sign Size, Height and Illumination | |||
|---|---|---|---|
Sign Type | Maximum Sign Area | Maximum Height | |
Awning | Lettering may not exceed 8 inches in height | At awning height | |
Freestanding | 50 square feet | 15 feet | |
Monument | 50 square feet | 8 feet | |
Projecting | 15 square feet | Not to exceed eave line or top of parapet wall of principal building, whichever is lower | |
Wall | 1 square feet per linear foot of lot frontage up to a maximum 10% of facade | Not to exceed eave line or top of parapet wall of principal building, whichever is lower | |
Window | Not to exceed 25% of the window area; neon lighting shall not be more than 3 square feet provided there is only one such sign in a window | N/A | |
Shopping centers, malls, multiple use locations.
Signs in shopping centers/malls or multiple use locations:
Each shopping center, mall or multiple use location shall be authorized one freestanding double-faced sign no more than 75 square feet in area on a side; however, if such a sign is a single-faced sign, it shall not exceed 100 square feet in area. Such a sign shall be set back from the highway or road right-of-way at least 25 feet and shall not be placed within 25 feet of a parcel's boundary lines. Such signs shall not exceed 15 feet in height from the ground to the top of the sign nor shall it have moving parts or flashing lights.
Each tenant shall be authorized a wall sign; however, such sign shall not exceed 5% of the facade of the portion of the shopping center leased by the tenant and shall not exceed a maximum of 100 square feet. Such signs shall not exceed the height of the facade. If the space such tenant occupies has more than one side of the enclosed mall building and therefore more than one facade, the tenant shall be authorized a maximum of two signs to be placed on the building facade; the total area of both signs shall not exceed 5% of the total facade area.
All signs shall be of a uniform, harmonious design and shall be securely affixed to the facade of the building.
Where more than one business is located on the same property or on contiguous or adjoining lots, one common freestanding sign directory shall be permitted. In determining the maximum sign area, the total frontage of both contiguous lots shall be considered. The combining of signs on one common sign directory shall be encouraged. In the event of contiguous lots sharing a directory, the side yard setbacks shall be measured for the combined property boundary lines.
The location of the signs from the road and also from other signs shall be reviewed by the Planning Board considering the standards set forth herein, with the goal to have the signs appear uniform, are easy to read, and not be distracting to either pedestrians and/or drivers.
Common signage plans.
A common signage plan conforming to the provisions of this section, shall be allowed a 25% increase in the maximum total sign area for each included lot, based on the Town's review of the following:
An accurate plot plan of the lot, to scale.
Location of buildings, parking lots, and driveways.
Computation of the maximum total sign area for the individual signs, the height of signs and the number of freestanding signs.
An accurate indication of each present and proposed sign.
Specifications for all signs on the lots with regard to color scheme, lettering or graphic style, lighting, materials and sign proportions.
Properties located in the RA-1, RA-2, RR, HDR-1, HDR-2, and WR Districts, utilized for commercial or business purposes:
In the event a property in the aforementioned district is being utilized for a commercial or business purpose after having first received all required permits, on-premises signs advertising said business shall be permitted. The maximum number of signs on a lot shall not exceed two, of which only one may be freestanding. The total cumulative area of all signs permitted on such lot shall be 16 square feet. In the event of a double-sided sign, a total sign area of 16 square feet per side shall be permitted.
The maximum height above grade level of the road shall be eight feet.
The location of the signs from the road and also from other signs shall be reviewed by the Planning Board considering the standards set forth herein, with the goal to have the signs appear uniform, be easy to read and not be distracting to either pedestrians or drivers.
§ 201-62 Condition and maintenance.
Should any sign be or become unsafe, unsightly, damaged, in danger of falling, or is a menace to the public, the owner thereof or the person maintaining the same shall, upon receipt of written notice from the Building Inspector/Code Officer, proceed at once to put such sign in a safe and secure condition, renovate or remove the sign; provided, however, that if such a situation is not corrected within 90 days from the date of receipt of written notice, the Building Inspector/Code Officer shall correct the situation or have it corrected, with the costs assessed to the property's Town tax bill.
§ 201-63 Nonconforming signs.
A nonconforming sign lawfully existing at the time of the effective date of this chapter can continue:
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign. If the sign is taken down at any point, it will need to be replaced with a conforming sign.
An off-premises, commercial advertising sign legally erected prior to the effective date of this chapter must come into compliance with this chapter within five years of adoption of this chapter.
§ 201-64 Sign permit required; regulations, procedures and fees.
Prior to erection or placement of any sign, except exempt or temporary signs under this chapter, subsequent to the effective date of this chapter, the property owner upon whose property such sign is to be erected or placed or other individual or entity that is desirous of erecting or placing such sign shall apply for and obtain a permit from the Town of Coxsackie, authorizing erection or placement of such sign, under the regulations and procedures set forth below.
Application procedure. Application shall be made, in writing, to the Building Inspector/Code Officer on forms prescribed and provided by the Town of Coxsackie and shall contain the following information:
Name, address and telephone number of the applicant and of the owner of the property.
Location of the building, structure or land upon which the sign is to be erected.
Elevation and plan drawings to scale should be included. In addition, a full description of the placement and appearance of the proposed sign should be included and should cover the following:
Location on the premises; specifically, its position in relation to adjacent buildings, structures and property lines.
The method of illumination, if any, and the position of lighting or other extraneous devices, and a copy of the electrical permit related to the electrical connections.
Graphic design, including symbols, letters, materials and colors.
The visual message, text, copy or content of the sign.
The location of other signs on the lot or adjoining lots.
The size of the parcel on which the sign is proposed, including the frontage on the road and the name of the road.
Written consent or a copy of the contract made with the owner of the property upon which the sign is to be erected.
Written consent of the owner for the Town of Coxsackie, by way of its agents, to enter the property to effectuate and enforce this article.
Permit:
Upon the filing of a completed application for a sign permit and the payment of the required fee as set by the Town of Coxsackie Fee Schedule, [1]the Building Inspector/Code 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 all the requirements of this article, he shall then, within 30 days, submit such application to the Planning Board for its review in accordance with the construction standards and criteria set forth hereafter.
[1]
Editor's Note: The Fee Schedule is on file in office of the Building Inspector/Code Officer.
The Planning Board shall review the application with the applicant and the Building Inspector/Code Officer and shall either issue or deny said permit for the erection of the proposed sign within 30 days thereafter. The issuance of a permit shall not excuse the applicant from conforming to the other laws and ordinances of the municipality or any and all laws or ordinances of the state or county where the property is located.
If the erection of the sign authorized under any such permit has not commenced within six months from the date of the issuance, the permit shall become null and void but may be renewed within 30 days prior to the expiration, for good cause shown, for an additional six months, upon payment of the original fee.
Every sign shall bear the permit number, permanently and visibly shown. Failure to do so shall constitute cause for revocation of the permit.
Construction review standards:
All illuminated signs shall be constructed in conformance with the Standards for Electric Signs (U.L. 48) of the Underwriters Laboratories, Inc. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground. The illumination both internal and external shall be subject to the review of the Planning Board to insure public health and/or safety.
All signs and their structures shall be securely anchored and constructed to prevent lateral movement that would cause wear on supporting connections. Freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
All signs shall not be considered "structures" for the purpose of determining the minimum side, front and back setback requirements. The setback from the road shall be reviewed and approved by the Planning Board, considering the location of the sign, adjoining properties, the road on which the sign exists, the speed limit on the road and the nature and character of the neighborhood surrounding the sign.
Both the signs and the sign structure/base shall be constructed and/or placed as to not impair visibility to motorists or interfere with pedestrian walkways or pedestrians' clear view of traffic.
Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed.
Permit period and fees. The fee for an initial permit will be set by the Town of Coxsackie Fee Schedule[2] per sign. The permit is nontransferable and is only for the original applicant. The fees are promulgated by the Town Board to defray the expenses of administration, compliance and enforcement of the provisions herein and may be modified by the Town Board as it deems necessary.
[2]
Editor's Note: The Fee Schedule is on file in office of the Building Inspector/Code Officer.
§ 201-65 Violations; removal for nonconformance.
In the event of a violation of any provision of this chapter, the Building Inspector/Code Officer shall give written or personal notice, specifying the violation, to the owner of the sign and/or the owner of the land upon which the sign is erected. The sign shall be conformed within 30 days from the date of the notice. In the event that such sign does not conform within said 30 days, the Building Inspector/Code Officer shall revoke the permit, and such a sign shall be removed by the owner of the sign or the owner of the land. After the second thirty-day period, the Building Inspector/Code Officer may cause the removal of the nonconforming sign and assess all costs and expenses incurred in said removal or repair against the land or building on which the sign is located.
§ 201-66 Penalties for offenses.
Any property owner or other person, firm, corporation or other entity that shall establish, place, construct, enlarge or erect any sign in violation of the provisions of this article, or allow for same, or shall otherwise violate any of the provisions of this article, or allow for same, shall be subject to:
A fine of not more than $1,000 or by imprisonment for not more than 10 days, or both. In addition, any property owner or other person, firm or corporation, or other entity, who violates any of the provisions of this article or regulations established hereunder or who shall omit, neglect or refuse to do any act required thereby, shall severally, for each and every violation, forfeit and pay a civil penalty not to exceed $100 a day for each day of continued violation in excess of one week.
Injunctive relief in favor of the Town of Coxsackie to cease any and all such actions which conflict with this article and, if necessary, to remove any construction which may have taken place in violation of this article.
§ 201-67 Enforcement.
This article shall be enforced by the Town of Coxsackie Building Inspector/Code Officer or by a designee of the Coxsackie Town Board.