Delaware Town City Zoning Code
ARTICLE XIII
Sign Requirements
§ 220-90 Administration.
A.
Intent. The regulation of the location, size, placement and certain features of signs is intended to:
(1)
Protect property rights and values within the Town of Delaware;
(2)
Encourage sign design, placement and landscaping that will protect the beauty and character of the Town;
(3)
Promote and aid the tourist industry and other enterprises within the Town of Delaware;
(4)
Protect the general public from damage and injury which may be caused by the faulty construction of signs;
(5)
Avoid damage or injury attributable to distractions and obstructions caused by improperly placed signs;
(6)
Promote public safety, welfare, convenience, enjoyment of travel and the free flow of traffic in the Town;
(7)
Assure signage is clear and provides the essential identity or direction to facilities in the community; and
(8)
Enable the fair and consistent enforcement of the sign restrictions throughout the Town of Delaware.
B.
Applicability, effect. A sign may be erected, placed, established, painted, created or maintained in the Town only in conformance with the standards, procedures, exceptions and other requirements of this chapter. The effect of this chapter is to:
(1)
Establish a permit and review system that allows a variety of signs by zoning district, subject to the standards and the permit procedures of this chapter;
(2)
Allow certain signs that are small, unobtrusive and incidental to principal use of lots on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits; and
(3)
Provide for temporary signs.
C.
Requirement of conformity. No sign may be placed or maintained in the Town of Delaware except as provided herein. All signs maintained contrary to the provisions of this chapter are declared to be nuisances and as such may be abated as provided by law.
§ 220-91 Definitions and interpretation.
Certain words and phrases used in this article shall have the meanings set forth in this section. All other words and phrases are either defined in Article II of this chapter or shall be given their ordinary meaning in the context of this chapter.
ADVERTISING SIGN, OFF-PREMISES (BILLBOARD)
A sign or sign structure that conveys a commercial or noncommercial message unrelated to the activity conducted on the lot where the sign is located or that directs attention to a nonresidential use, commodity, service or attraction sold, offered or existing elsewhere than on the same lot where the sign is located.
AWNING (CANOPY) SIGN
Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.
BANNER SIGN
Any sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges with no enclosing framework. National flags, state or municipal flags of any institution or nonresidential use shall not be considered banners.
COMMERCIAL MESSAGE
Any sign wording, logo or other representations that, directly or indirectly, names, advertises or calls attention to a nonresidential use, product, service or other commercial activity.
CONSTRUCTION (CONTRACTOR) SIGN
A temporary sign identifying an architect, contractor, subcontractor and/or material supplier participating in construction on the property on which the sign is located.
DEVELOPMENT SIGN
A temporary sign used to identify an approved future development.
DIRECTORY SIGN
A sign that provides a listing of the names of nonresidential uses, activities, addresses, locations, uses or places within a building or complex of buildings for the purposes of giving directions, instruction or facility information and that may contain the name and logo of an establishment but no advertising copy.
FLAG
Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity, that is mounted on a pole, cable or rope at one end.
FREESTANDING SIGN
A sign permanently affixed to the ground and that is not attached to any building.
GOVERNMENT SIGN
Any sign erected and maintained by the Town, county, state or federal government for traffic direction or for designation of any school, hospital, historical site or public service, property or facility.
GRAND OPENING
The introduction, promotion or announcement of a new nonresidential use, store, shopping center or office, or the announcement, introduction or promotion of an established nonresidential use changing ownership.
GROUND SIGN
A freestanding sign, rising from a ground foundation and not over eight feet in height from average ground level to the top of the sign. The entire bottom of a ground sign is generally in contact with or close to the ground.
ILLUMINATED SIGN
A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
INCIDENTAL SIGN
An informational or advertising sign directed primarily to persons on the lot, such as a gas pump sign, credit card sign, pricing sign placed in a window or on a door, an automated teller machine sign, vending machine sign, "no parking" sign, "entrance" sign, "loading area" sign, "telephone" sign or other sign offering similar directives.
INDIRECT ILLUMINATION
A source of external illumination located away from the sign.
INTERNAL ILLUMINATION
A source of illumination entirely within the sign that makes the contents of the sign visible at night by means of the light being transmitted through a translucent material but wherein the source of illumination is not visible.
INTERNAL/INDIRECT ILLUMINATION
A source of illumination entirely within an individual letter, cabinet or structure which makes the sign visible at night by means of lighting the background upon which the individual letter is mounted. The letters are opaque and thus are silhouetted against the background. The source of illumination is not visible.
LOGO
A graphic symbol representing an activity, use or nonresidential use. Permitted logos shall be registered trademarks or symbols commonly used by the applicant and may include graphic designs in addition to lettering.
MAINTENANCE
The replacing or repairing of a portion of a sign necessitated by ordinary wear, tear or damage beyond the control of the owner or the reprinting of existing copy without changing the wording, composition or color of said copy.
MARQUEE
Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MULTIPLE TENANT COMMERCIAL BUILDING
A commercial building or development in which there exists two or more separate commercial activities with appurtenant shared facilities (e.g., parking), and that is designed to offer a single area where the public can obtain varied products and services.
NAMEPLATE
A small sign which identifies a resident's or home's name and address or the name of a farm, ranch or commercial stable. Such sign may be a shingle, building wall or archway-mounted sign.
NONCONFORMING SIGN
Any sign which is not allowed under this chapter, but which, when first constructed before this chapter was in effect and for which a sign permit was issued if required, was legally allowed by the Town.
NONRESIDENTIAL USE
For the purposes of regulating signs, nonresidential use shall mean any approved nonresidential use, including commercial, manufacturing and industrial enterprises; public buildings and uses such as public schools, parks, civic centers, municipal buildings; and semipublic buildings and uses such as churches, firehouses, ambulance buildings, private schools and libraries.
NONRESIDENTIAL USE NAME
The name by which a nonresidential use is commonly recognized and used by the applicant. Slogans or product information shall not be considered as the nonresidential use name.
OWNER
A person recorded as such on official records. For the purpose of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign in the absence of contrary recorded evidence.
PANEL
A two-dimensional visual background behind the sign letters and logos, which is visually separated from the mounting upon which the sign letters and logos are placed by the presence of a border, different colors, different materials, or other technique of visual framing around the letters or logos.
PARAPET
That portion of a building exterior wall projecting above the plate line of the building.
PENNANT
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
POLITICAL SIGN
A temporary sign that supports candidates for office or urges action on any other matter on the ballot of primary, general and special elections.
PORTABLE SIGN
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the nonresidential use.
PROJECTING SIGN
Any sign attached perpendicular to the surface of such building or wall. Projecting signs shall be considered wall signs for purposes of maximum sign area limitations.[1]
PUBLIC PROPERTY
Any and all real or personal property over which the Town or other governmental entity has or may exercise control, whether or not the government owns the property in fee.
REAL ESTATE SIGN
A temporary sign advertising real estate upon which the sign is located for rent or sale.
ROOFLINE
The uppermost line of the roof of a building or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
ROOF SIGN
Any sign mounted on the main roof portion of a building or on the topmost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs.[2]
SHINGLE SIGN
A sign suspended from a roof overhang of a covered porch, walkway or horizontal plane surface that identifies the tenant of the adjoining space.
SIGN
Any device for visual communication which is used or is intended to attract the attention of the public with a purpose of identifying when the display of the device is visible beyond the boundaries of the public or private property upon which the display is made. The term "sign" shall not include any flag or badge or insignia of the United States, State of New York, Sullivan County, the Town of Delaware, or official historic plaques of any governmental jurisdiction or agency.
SIGN AREA
The area of sign face, computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display; together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall otherwise meeting zoning requirements incidental to the display itself. Sign area for a sign or sign structure with more than one face shall be computed by adding together the area of all sign faces visible from any one point.
SIGN HEIGHT
The distance from the base of the sign at normal grade or the crown of an adjoining street, whichever is higher, to the top of the highest attached component of the sign.
SPECIAL EVENT
A promotional event, including, but not limited to, grand openings, bazaars, street fairs, shows, exhibitions, sporting events, runs, bicycling events, and block parties, but excluding regular sales occurring on private property where merchandise sold indoors is simply transferred to outdoors.
TEMPORARY SIGN
Any sign, banner, pennant or valance of advertising display constructed of cloth, canvas, light fabric, cardboard, plastic, wallboard or other like materials, with or without frames; or any sign not permanently attached to the ground, wall or building.
TRAFFIC DIRECTIONAL SIGN
Signs used at driveways and within parking lots to improve public safety and to enhance access from public streets by assisting vehicle operators with information on the flow of traffic.
WALL SIGN
Any sign attached parallel to but within six inches of a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, that is supported by such wall or building, and that displays only one sign surface.
WINDOW WALL SIGN
Any poster, cutout letters, painted text or graphics, or other text or visual presentation affixed to or placed behind a window pane for the purpose of reading from the building exterior.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 220-92 Procedures.
A.
Requirement of permit. A sign permit shall be required before the erection, re-erection, construction, alteration, placing or installation of all signs identified on the Schedule of Sign Regulations[1] as "allowed with permits from enforcement officer" or "permitted upon review by Planning Board." Permits shall not be required for routine maintenance or changing of the parts or copy of a sign, provided that the maintenance or change of parts or copy does not alter the sign surface area or height or otherwise render the sign nonconforming.
[1]
Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
B.
Permit application. Applications for sign permits shall be submitted to the Building Inspector. The applicant shall pay the required application fee with the application. Two copies of plans and specifications shall be submitted with each application. One copy shall be returned to the applicant at the time the permit is granted. The application and plans shall, at a minimum, include:
(1)
The names, addresses and telephone numbers of the applicant, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, the person preparing the plans and specifications, and the person to be erecting or affixing the sign.
(2)
The location of the building, structure or zoning lot on which the sign is to be erected or affixed.
(3)
A sketch plan of the property involved, showing accurate placement thereon of the proposed sign.
(4)
Two sets of plans for the sign to be erected or affixed, along with specifications for the method of construction or attachment to the building, and sign dimensions, color, lighting type and location (if any), materials and weight.
(5)
In the case of billboards, a copy of stress sheets and calculations prepared or approved by a registered structural engineer, licensed by the State of New York, showing the sign is designed for dead load and wind pressure in any direction in the amount required by this and all other applicable laws of the Town.
(6)
The written consent of the owner of the structure or property on which the sign is to be erected or affixed.
(7)
Such other information as the Building Inspector may require to determine compliance with Town laws.
C.
Issuance of permits. Upon the filing of an application for a sign permit, the Building Inspector shall examine the plans, specifications and other application data and the premises upon which the sign is proposed to be erected or affixed. If the proposed sign will comply with all the requirements of this chapter and other applicable laws of the Town, and the appropriate permit fee has been paid, the Building Inspector shall issue a permit for the proposed sign.
D.
Expiration. If the work authorized under a sign permit has not been completed within 90 days after the date of issuance, the permit shall become null and void, unless otherwise extended by the Building Inspector for a single additional ninety-day period.
E.
Permit fees. Each sign requiring a sign permit shall pay a fee as established from a schedule adopted by resolution of the Town Board.
F.
Inspections. All signs for which a permit is required shall be subject to the following inspections:
(1)
Footer inspection on all freestanding signs. However, the Building Inspector may waive the required inspection for signs eight feet or less in height or 24 square feet in area.
(2)
A final site inspection to ensure the sign has been constructed according to the approved application, including inspection of braces, anchors, supports, connections, wall signs and markings.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 220-93 General requirements.
A.
Prohibited signs. All signs not expressly permitted or exempted under this chapter from regulation are prohibited in the Town. Other prohibited signs are found on the attached Schedule of Sign Regulations.[1]
[1]
Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
B.
Signs allowed without permits. Certain signs, although subject to the standards of this chapter, shall be exempt from its permit requirements. A listing of such signs by zoning district may be found on the attached Schedule of Sign Regulations.[2]
[2]
Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
C.
Construction requirements. All signs permitted by this chapter shall be constructed in accord with the New York State Building Code, if regulated by the code, and the following standards.
(1)
Obstruction to exit. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, door opening or wall opening intended as a means of ingress or egress.
(2)
Obstruction to ventilation. No sign shall be erected, constructed or maintained so as to interfere with any opening required for ventilation.
(3)
Clearance from electrical power lines and communications lines. All signs shall be located in such a way that they maintain horizontal and vertical clearance of all electrical power lines and communications lines in accordance with the applicable provisions of the National Electrical Code.
(4)
Clearance from surface and underground facilities. All signs and supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, gas, electricity or communications equipment or lines. In addition, the placement of all signs and their supporting structures shall not interfere with natural or artificial drainage or surface or underground water.
(5)
No obstruction to any existing warning or instructional sign. No sign shall be erected, constructed or maintained so as to interfere with any existing warning or instructional sign.
(6)
Traffic hazards. No sign shall be erected so as to interfere with or to confuse traffic, to present any traffic hazard, or to obstruct the vision of motorists, and all signs shall comply with the clear sight triangle requirements of this chapter.
D.
Maintenance. Each sign shall be maintained in good order and repair at all times so that it does not constitute any danger or hazard to public safety and is free of peeling paint, major cracks or loose and dangling materials.
E.
Illumination. All signs permitted by this chapter may be illuminated in accord with the provisions of this § 220-93E.
(1)
Glare. All signs shall be so designed located, shielded and directed so as to prevent the casting of glare or direct light from artificial illumination upon adjacent publicly dedicated roadways and surrounding property.
(2)
Illumination of buildings, structures and areas. The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires or any other type of support, to illuminate buildings, structures, outdoor sales areas or outdoor storage area is prohibited, except during the month of December for areas in which holiday items (other than fireworks) are offered for sale and on a temporary basis for areas in which carnivals, fairs or other similar activities are held. A building or other structure may be illuminated, but all lighting used for this purpose must be designated, located, shielded and directed in such a manner that the light source is fixed and not directly visible from any adjacent publicly dedicated roadway and surrounding property.
F.
Awning, canopy and marquee signs. Any awning, canopy or marquee sign shall not project higher than the top of the awning, canopy or marquee to which such sign is to be affixed. The sign shall be limited to the name of the establishment. If sign letters or logos are place on the awning valance, no letters or logos may be placed elsewhere on the awning.
G.
Changeable panel signs. Nothing herein shall prevent the inclusion of a changeable letter sign, identifying special, unique, limited activities, services, products or sale of limited duration occurring on the premises on which the changeable panel sign is located, as part of an otherwise permitted nonresidential use identification or wall sign. Such signs shall meet side and rear yard setbacks.
H.
Window wall signs. Window wall signs for nonresidential uses may be internally illuminated. Sign copy shall be limited to nonresidential use identification purposes or signs advertising products or services available on the premises. No signs are permitted in unglazed openings.
I.
Flags. Flags shall be permitted for commercial, manufacturing, industrial, public and semipublic uses. Such flags shall be strictly limited to nonresidential use identification purposes. New York State and United States flags shall be exempt from all provisions of this chapter. Garden and house flags used for decorative purposes in conjunction with residential uses shall also be exempt.
J.
Wall signs. Wall signs shall be securely attached to the wall and not extend above or beyond the top and ends of the wall. Projecting signs and window signs shall also be considered wall signs for purposes of maximum sign area limitations.
§ 220-94 Temporary signs.
A.
General requirements. Temporary signs in association with an approved use and identifying a special, unique or limited activity, service, product or sale of limited duration shall be located only upon the premises where the special, unique or limited activity, service, product or sale is to occur, excepting that temporary event signs announcing a campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes, that otherwise comply with the requirements of this chapter, may be placed anywhere throughout the affected area of the community and shall not be subject to the strict sign area or time limitations applicable to other temporary signs. Temporary signs placed within a property so as to be directed to the attention of on-site customers or visitors, as opposed to motorists, pedestrians passing by or adjoining properties, shall not be restricted by these regulations.
B.
Real estate, temporary construction and contractor signs. Temporary construction signs shall be allowed only as accessory to an approved building permit for a project or development and must be removed prior to an occupancy permit being issued or, if no occupancy permit is required, the sign shall be removed upon project completion. Contractor signs shall be similarly limited. All such signs shall be removed within 30 days after the property is sold or the construction is completed.
C.
Temporary political signs. Temporary political signs announcing political candidates seeking office, political parties and/or political and public issues contained on a ballot shall be erected or maintained for a period not to exceed 60 days prior to the date of the election to which such signs are applicable and shall be removed within seven days following such election. The candidate shall be responsible for all political signs placed on the candidate's behalf if located in the public right-of-way.
D.
Temporary yard or garage sale, open house or auction signs. Temporary yard sale or garage sale, open house or auction signs advertising the sale of items and the sales location shall be erected no earlier than seven days before the event and must be removed no later then three days after the event. No such sign shall remain erected for a period longer than 10 days. No more than three such events shall take place in a calendar year.
§ 220-95 Residential uses.
Name and address signs of residential buildings and developments shall indicate only the name of the building, the name of the development in which it is located, the management thereof, and the address of the premises. The location and arrangement of all building name and address signs shall be subject to the review and approval of the Building Inspector.
§ 220-96 Commercial, manufacturing, public use and semipublic uses.
A.
Shopping center and multiple occupant nonresidential use identification signs. The following standards shall apply to developments in which two or more nonresidential uses are housed in one or more principal structures on a lot.
(1)
There shall be not more than one wall sign for each principal nonresidential use occupant, except that, where a principal occupant abuts two or more streets, one additional such sign oriented to each abutting street shall be permitted.
(2)
There shall not be more than one freestanding nonresidential use identification sign for each principal development entrance. The freestanding nonresidential use identification sign shall not contain the name of any individual nonresidential use occupant of the premises unless such tenant or occupant occupies 30% or more of the total development. Each freestanding nonresidential use identification sign may, however, include a directly affixed directory, listing only the names of the nonresidential use occupants of the development. The area of a directory sign shall not exceed 10 square feet for each exposed face for each occupant in the development. The maximum sign surface area for freestanding signs shall be increased as may be necessary to accommodate the directory.
(3)
Not more than two nonresidential use subdivision road entrance signs of 24 square feet each, indicating only the name of the project, shall be permitted at each entrance to a shopping center or multiple occupant nonresidential use.
B.
Wood relief sign area bonus. The Planning Board may grant approval for a fifty-percent increase in area for signs permitted hereunder, provided:
(1)
Signs shall be wood or simulated wood relief only with indirect illumination.
(2)
Signs shall be designed as an integral architectural element of the building and component of the site.
(3)
Sign colors, materials and lighting shall be restrained and compatible with the building and site.
C.
Nonresidential use directional signs. The intent of this section is to allow commercial, manufacturing, industrial, public and semipublic uses, referred to as "nonresidential uses" in this section, located within the Town of Delaware and without direct access to New York State Route 97, New York State Route 52 or New York State Route 17-B, to erect signs directing the public to the use.
(1)
Number. There shall not be more than two freestanding nonresidential use directional signs for each parcel of land eligible for such signs. Where multiple nonresidential uses are located on the same parcel, directional signs shall refer to the parcel as a whole. Each nonresidential use shall not be eligible for signs. Notwithstanding these requirements, a planned unit development or multiple-tenant commercial development shall be entitled to additional nonresidential use directional signs for the enterprise as a whole, subject to demonstration of need, with Planning Board review and concurrence.
(2)
Area. The surface area of each sign shall not exceed 32 square feet for each exposed face.
(3)
Location. No nonresidential use directional sign shall be located within 150 feet of any other such sign or any off-premises advertising sign or billboard on the same side of the road. Also, no such sign shall be located within 150 feet of a public road intersection. Notwithstanding these limitations, the Planning Board may permit no more than three such signs at a given intersection on a special use basis if it finds that such directional signage is required to avoid misdirection of vehicular traffic into congested or residential areas.
(4)
Sign information. The information on the sign shall be limited to the nonresidential use name, logo, type, telephone, addresses and directional information.
(5)
Property owner permission. The person making application for the erection of a nonresidential use directional sign shall provide a written statement of permission signed by the owner of the property upon which the sign is proposed.
D.
Common directory signs. The intent of this section is to allow commercial, manufacturing, industrial, public and semipublic uses, referred to as "nonresidential use" in this section, to jointly erect and maintain a common directory sign to guide the public to the various uses.
(1)
Special use. The erection of any common directory sign shall be considered a special use.
(2)
Number/location. There shall not be more than two common directory signs at any public road intersection.
(3)
Area. The surface area of each sign shall not exceed 150 square feet for each exposed face.
(4)
Sign information. The information on the sign shall be limited to individual signs not exceeding 10 square feet with the nonresidential use name, logo, type, telephone, addresses and directional information of each participating nonresidential use.
(5)
Nonresidential use participation. Any nonresidential use with an individual sign on a common directory sign shall be limited to one nonresidential use directional sign, and any nonresidential use with an individual sign on a common directory sign shall be precluded from erecting any nonresidential use directional sign.
(6)
Maintenance organization. The application shall include documentation of the existence of an organization which will be responsible for the maintenance of the sign.
(7)
Property owner permission. The person making application for the erection of the sign shall provide a written statement of permission signed by the owner of the property upon which the sign is proposed.
E.
Historical signage. Nothing herein shall prevent or consider as signage the placement of the year of construction or name of a builder or other historical marker data on a structure for nonadvertising purposes.
§ 220-97 Off-premises advertising signs.
Off-premises advertising signs may be erected and maintained only in B-1 Districts along New York State Route 97, New York State Route 52 and New York State Route 17-B. Applications for such signs shall be considered conditional uses.
A.
Exchange. The erection of an off-premises advertising sign or billboard shall not be permitted unless an off-premises advertising sign or billboard of equal or greater size is removed from another location in the Town. Such exchanges shall only be permitted where both signs are owned by the same person or firm.
B.
Principal use. Off-premises advertising signs and billboards shall be considered principal uses and not permitted on a lot with any other principal use.
C.
Illumination. Off-premises advertising sign or billboard may be illuminated, but flashing lights/devices and the movement or optical illusion of movement of any part of the sign, lighting or sign message shall be prohibited.
D.
Setbacks. Except for front yard requirements, setbacks for principal structures shall be maintained for off-premises advertising signs.
E.
Height of signs. No off-premises advertising sign or billboard shall project above the maximum height limit for buildings or other structures for the zone district in which the sign is located.
F.
Maximum area of off-premises advertising signs and billboards. The maximum area for any one off-premises advertising sign or billboard shall not exceed 150 square feet. No sign structure shall contain more than one sign per facing.
G.
Spacing of off-premises advertising signs. No off-premises advertising sign shall be permitted within 2,000 feet of another off-premises advertising sign or billboard, measured in all directions. The separation distance shall be measured between the closest points of the two signs in question. Also, no off-premises advertising sign shall be erected within 200 feet of the public street intersection. The separation distance shall be measured between the closest point of the proposed sign and the nearest intersection of the right-of-way lines of the streets in question.
H.
Engineering certification. An application for an off-premises advertising sign that exceeds 50 square feet in area shall include certification from a New York State professional engineer or registered architect that the sign will not present a structural safety hazard.
§ 220-98 Nonconforming signs.
Any sign lawfully existing or under construction on the effective date of this chapter that does not conform to one or more of the provisions of this chapter may be continued in operation and maintained as a legal nonconforming sign. Normal maintenance of such signs, including changing of copy, necessary repairs and incidental alterations, that do not extend or intensify the nonconforming features of the sign shall be permitted. However, no enlargement or extension shall be made to a legal nonconforming sign unless it will result in the elimination of the nonconforming features of the sign. If a legal nonconforming sign is damaged or destroyed by any means to the extent of 50% or more of its replacement value at the time, the sign may not be rebuilt to its original condition and may not continue to be displayed.
§ 220-99 Removal of certain signs.
A.
Obsolete signs. Any sign, whether existing on or erected after the effective date of this chapter, that advertises a nonresidential use no longer being conducted or a product no longer being offered for sale in or from the premises on which the sign is located shall be removed within one year upon the cessation of such nonresidential use or sale of such product by the owner, agent or person having the beneficial interest in the building or premises on which such sign is located. If the Building Inspector shall find that any such sign advertising a nonresidential use no longer being conducted or a product no longer being offered for sale in or from the premises on which the sign is located has not been removed within one year upon the cessation of such nonresidential use or sale of such product, he shall give written notices to the owner, agent or person having the beneficial interest in the building or the premises on which such sign is located. Removal of the sign shall be effected within 10 days after receipt of the notice from the Building Inspector.
B.
Damaged or unsafe signs. If the Building Inspector shall find that any sign is damaged, in disrepair, vandalized, unsafe or insecure, he shall give written notice to the owner, agent or person having the beneficial interest in the building or the premises on which such sign is located. Correction to the condition that caused the Building Inspector to give such notice shall be effected within 10 days after receipt of the notice.