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Depew City Zoning Code

§ 260-37

Sign regulations.

A. 
Purpose. Sign regulations, including provisions to control the type, design, size, location, motion, illumination and maintenance, are designed to achieve the following purposes:
(1) 
To protect property values, create a more attractive economic and business climate and protect the physical appearance of the community from the effects of inharmonious and out-of-scale signs.
(2) 
To preserve the scenic and natural beauty of designated areas and provide a more enjoyable and scenic community.
(3) 
To reduce signs or advertising distractions or obstructions that may contribute to traffic accidents.
(4) 
To provide reasonable, yet appropriate, conditions for advertising goods sold or services rendered in business districts by relating the size, type and design of signs to the type of establishment.
(5) 
To control signs so that their appearance will be aesthetically harmonious with the overall design of the area.
(6) 
To reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.
(7) 
To curb the deterioration of natural beauty in the community's environment.
(8) 
To allow signs of a noncommercial nature in order to promote and foster the free expression of ideas consistent with the scheme set forth in the Constitution of the United States and the New York State Constitution;
B. 
Prohibited signs. All signs not expressly permitted or exempt from regulation under this section are prohibited in all districts. Such signs include, but are not limited to:
(1) 
Banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices or strings of lights are prohibited.
(2) 
Rotating or revolving signs.
(3) 
Beacons.
(4) 
Signage on motor vehicles that are inoperable or do not display a current vehicle inspection sticker or license plate or are not principally used as a mode of transportation for business purposes or are conspicuously parked or located on a lot or public right-of-way for 24 hours.
(5) 
Signs, as regulated by this chapter, used to attract attention to an object, product, place, activity, institution, organization or business not available or located on the premises where the sign is located.
(6) 
Signs advertising or identifying a business which is no longer operating. Any sign accessory or incidental to a business shall be removed within 30 days after the business ceases to operate.
(7) 
Roof signs placed, inscribed or supported upon or above the highest part of the roofline except such directional devices as may be required by the FAA.
(8) 
Signs that create a traffic hazard by obstructing the view at any street intersection or by design resemblance through color, shape or other characteristics common to traffic control devices.
(9) 
Signs that encroach into the clear sight triangle.
(10) 
Signs in the public right-of-way or on other public property.
C. 
Signs exempt from regulation. The following signs shall be exempt from regulation under this section and shall not require a building permit for a sign.
(1) 
Signs erected and maintained pursuant to and in discharge of any governmental function.
(2) 
Signs prohibiting trespassing.
(3) 
Integral, decorative or architectural features of buildings, except letters or trademarks.
(4) 
Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located.
(5) 
Signs of a noncommercial nature (political signs) consistent with the free expression of ideas and protected speech consistent with the scheme set forth in the Constitution of the United States and the New York State Constitution.
D. 
Signs not requiring a permit. The following additional signs shall be exempt from regulation under this section and shall not require a building permit for a sign as described, provided that the sign meets the additional standards given below.
Sign Type/Definition/Standards
Illustration
ADDRESS SIGN
A sign that identifies the occupant and address of a residential structure.
260-37D Address Sign.tif
Standards:
(1)
There shall be only one address sign indicating the name and address of the occupants of a dwelling.
(2)
Such sign shall not exceed two square feet in area.
(3)
Such sign shall not be internally illuminated.
CONSTRUCTION SIGN
Any freestanding sign intended to provide information about current construction on a site and the parties involved in the project.
260-37D Construction Sign.tif
Standards:
(1)
There shall be only one on-premises construction sign indicating for each trade, which may indicate the project name and the names of the architect, engineer, contractor and participating public and governmental agencies.
(2)
Such sign shall not exceed 32 square feet in area.
(3)
Such sign shall be a maximum of 15 feet in height.
(4)
Such sign shall be located a minimum of 25 feet from the lot line and 75 feet from any dwelling not within the project.
(5)
Such signs must be removed prior to issuance of a certificate of occupancy/compliance
FUEL PUMP SIGN
A sign attached to a fuel pump advertising the cost of fuel.
260-37D Fuel Pump Sign.tif
Standards:
(1)
The total area of fuel pump signs shall not exceed one square foot per pump.
(2)
Operational and payment instructions on the face of the pump shall be exempt from this limitation.
UNDER CANOPY/HANGING SIGN
A sign that hangs perpendicular to a building wall and is supported by or attached to the underside of a structure canopy, covered entrance or walkway, awning or marquee.
260-37D Under Canopy Hang Sign.tif
Standards:
(1)
Only one hanging sign shall be permitted per customer entrance.
(2)
The bottom edge of such signs shall be located a minimum of eight feet above the finished grade.
(3)
Such sign shall not exceed two square feet in area.
(4)
Such sign shall have a maximum vertical dimension of 18 inches.
RESIDENT PROFESSIONAL OCCUPATION SIGN
A sign attached to the wall of a permitted home-based business.
260-37D Res Prof Occ Sign.tif
Standards:
(1)
There shall be only one nonilluminated home occupation sign that is physically attached to the exterior wall of the dwelling.
(2)
Such sign shall not exceed two square feet in area.
INCIDENTAL SIGN 
A sign that includes information assisting in the flow of vehicular traffic.
260-37D Incidental Sign.tif
Standards:
(1)
Incidental signs shall not exceed four square feet in area.
(2)
Such sign shall be used to direct and guide traffic and parking on private property.
(3)
Such sign shall not bear any advertising.
MENU BOARD SIGN
A permanently mounted sign displaying the bill of fare for a drive-through or drive-in restaurant.
260-37D Menu Board Sign.tif
Standards:
(1)
The text of the sign shall not be legible from the public right-of-way or any adjacent residential district.
(2)
There shall be a maximum of two menu board signs per drive-through lane.
(3)
Each menu board sign shall not exceed 36 square feet in area.
POLITICAL SIGN 
A temporary sign that supports or opposes any political candidate, political issue, political referendum or political party.
260-37D Political Sign.tif
Standards:
(1)
Political signs shall be placed only on private property.
(2)
Such signs shall not block any intersection clear sight triangle.
(3)
Such sign shall be limited to a cumulative maximum of 16 square feet for all such signage in the R-1 and R-2 Zoning Districts and be limited to a cumulative total of 32 square feet
REAL ESTATE SIGN
A temporary sign that advertises the sale or lease of the premises on which it is located.
260-37D Real Estate Sign.tif
Standards:
(1)
There shall be only one on-premises real estate sign for each building or lot advertising the sale, rental or lease of the premises on which the sign is displayed.
(2)
Such sign shall not be illuminated.
(3)
Such sign shall be removed within 15 days after property closing or lease signing.
(4)
Such sign shall not exceed eight square feet per face in residential districts.
(5)
Such sign shall not exceed 32 square feet in area in nonresidential districts.
(6)
One additional real estate sign shall be allowed on a site abutting more than one roadway.
WINDOW SIGN
A temporary, nonstructural sign affixed to the interior of a window or door or any other sign inside the building containing a message legible from the public right-of-way or adjacent property clearly intended for public recognition outside the building.
260-37D Window Sign.tif
Standards:
No window sign or advertising poster shall occupy more than 50% of the area of an individual window area.
E. 
Signs requiring a permit. The following signs shall not be erected and/or established without a permit issued by the Code Enforcement Officer. The following signs are permitted, subject to the following listed standards.
Sign Type/Definition/Standards
Illustration
BUILDING SIGNS
260-37D Awning Sign.tif
AWNING SIGN
A sign painted on, attached to or otherwise displayed on an awning. This sign type does not include canopies over gas pumps.
Standards:
(1)
No such signs shall exceed 20% of the area of each awning or canopy (top plus all sides). Awning signage shall count toward the allowable signage permitted for wall signage indicated in this section.
FASCIA SIGN
A sign attached to the soffit or under the fascia of a building.
260-37D Fascia Sign.tif
Standards:
(1)
A maximum of one sign for each establishment or enterprise shall be permitted in addition to allowable wall signage.
(2)
The bottom edge of such signs shall be located a minimum of eight feet above the finished grade.
(3)
Such signs shall not exceed 18 square feet in area.
MARQUEE SIGN
A sign attached to the face of a marquee and not projecting above or beneath said marquee face. A marquee is a permanent roof-like structure that projects from the wall of a building and may overhang the public way.
260-37D Marquee Sign.tif
Standards:
(1)
No more than one marquee sign shall be permitted for each building frontage that includes an entrance serving the general public and shall not exceed 50 cumulative square feet in area and shall count toward the allowable area for wall signage on the wall that the marquee sign is affixed.
(2)
Such sign shall not extend beyond the top or sides of the building.
(3)
Such sign shall not be oriented toward any residential district.
(4)
Such signs shall not project into any adjacent right-of-way, unless approved by the appropriate federal, state, county, or local highway official.
(5)
The bottom of such signs shall be a minimum of eight feet above the walkway.
PROJECTING SIGN
A sign attached perpendicular to a building or other structure. This definition shall not include hanging signs.
260-37D Projecting Sign.tif
Standards:
(1)
Only one projecting sign is permitted per building frontage per business with an entrance available to the general public.
(2)
Such sign shall not exceed 16 square feet in area and shall count toward the allowable area for wall signage on the wall to which the projecting sign is affixed.
(3)
Such signs shall not project into any adjacent right-of-way, unless approved by the appropriate federal, state, county, or local highway official.
(4)
The bottom of such signs shall be a minimum of eight feet above the walkway.
WALL SIGN
A sign integral with or attached to and supported by the exterior wall of a building. Such signage shall also include signs which are painted on walls.
260-37D Channel Letter Wall Sign.tif
Channel Letter Wall Sign
Standards:
(1)
A wall sign shall not project above or beyond the ends of the building or its parapet or the highest point of the roof, whichever is higher.
(2)
Such sign shall not project more than 12 inches from the exterior supporting wall.
260-37D Painted Wall Sign.tif
Painted Wall Sign
(3)
On a multioccupancy building, each occupant with an outside entrance serving the general public may have a separate wall signs.
(4)
Such sign shall have a maximum area equivalent to 20% of the leasable wall area or 100 square feet, whichever is less.
(5)
Such signs may not be placed on any walls which face a residential use or residentially zoned property.
GROUND SIGN
A sign supported by uprights or braces placed upon or in the ground and not attached to any building.
260-37D Ground Sign.tif
Standards:
(1)
One ground sign shall be permitted for each individual building lot. Only one such freestanding sign shall be permitted and may not be combined with another style of freestanding sign shown in this section.
(2)
Such sign shall be no higher than eight feet above the average finished grade and shall be permanently attached to the ground.
(3)
Such sign shall not exceed 80 square feet in total face area for one business on an individual lot or:
100 square feet for multiple businesses up to 30,000 square feet
120 square feet for multiple business 30,000 to 60,000 square feet
150 square feet for multiple businesses 60,000 to 150,000 square feet
200 square feet for multiple businesses over 200,000 square feet
(4)
Such sign shall be located a minimum of 50 feet from any residential lot and 10 feet from a street right-way.
MESSAGE CENTER SIGN/LED SIGN
Any sign which contains an illuminated, programmable message or graphic, whether fixed or moving.
260-37D Ground Sign with LED Message.tif
Ground Sign with LED Message Center
Standards:
(1)
Message center signs may only be included as a part of a permitted freestanding sign and not on walls or within windows.
(2)
The information displayed on a message center sign for advertisement purposes shall remain static for a period of no less than 60 seconds.
260-37D Pole Sign with LED Message.tif
Pole Sign with LED Message Center
(3)
The transition between successive messages shall be instantaneous and shall not contain such visual effects as fading, dissolve, flashing, or animation.
(4)
Each message displayed shall be complete in itself, without continuation in content to the next message or to any other sign. All such graphics being utilized in the message shall also be static during the message interval.
(5)
The area containing the LED display shall not exceed 50% of the allowable area for such freestanding sign.
(6)
Such sign shall not exceed 80 square feet in total face area for one business on an individual lot or;
100 square feet for multiple businesses up to 30,000 square feet
120 square feet for multiple business 30,000 to 60,000 square feet
150 square feet for multiple businesses 60,000 to 150,000 square feet
NONCONFORMING LED SIGNS — Existing LED message center signs established prior to the adoption of this section may continue as lawful nonconforming accessory uses subject to the limitations as established in § 260-37K.
200 square feet for multiple businesses over 200,000 square feet
(7)
Such sign shall be located a minimum of 50 feet from any residential use lot and 10 feet from a street right-way.
POLE SIGN/PYLON SIGN
A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is a minimum of eight feet above the finished grade of a paved walk, drive, or parking area.
260-37D Pylon Sign.tif
Pylon Sign
Standards:
(1)
One pole sign/pylon sign shall be permitted for each individual building lot. Only one such freestanding sign shall be permitted and may not be combined with another style of freestanding sign shown in this section.
(2)
Such sign shall not exceed 80 square feet in total face area for one business on an individual lot or:
260-37D Pole Sign.tif
Pole Sign
100 square feet for multiple businesses up to 30,000 square feet of building area
120 square feet for multiple business 30,000 to 60,000 square feet
150 square feet for multiple businesses 60,000 to 150,000 square feet
200 square feet for multiple businesses over 200,000 square feet
(3)
Such sign shall be located a minimum of 50 feet from any residential use lot and 10 feet from a street right-way.
(4)
The pole support for such signs shall be fully encased or skirted. A sign with a single support shall have a minimum support width of 30% and a maximum support width of 50% of the width of the sign face. Each support for a sign with double supports shall be a minimum of 15% of the width of the sign.
260-37D Pole Sign with LED Message.tif
Pole Sign with LED Message Center
(5)
The maximum height of a pole or pylon sign from grade shall be 30 feet.
(6)
Flood lights or parking lot lighting shall not be affixed to a pole or pylon sign.
SUBDIVISION/MULTIFAMILY DEVELOPMENT IDENTIFICATION SIGN
A sign indicating the name of the subdivision or multifamily residential development.
260-37D Sub Multi Dev Identification Sign.tif
Standards:
All permitted districts
(1)
A subdivision or residential development identification sign shall be maintained in good repair by a homeowners' association.
(2)
Such sign shall be located a minimum of 10 feet from any lot line and not in a clear vision triangle.
Single-family districts.
(1)
One non-internally illuminated permanent subdivision identification sign may be permitted for each side of a subdivision or residential development entryway.
(2)
Such sign shall not exceed 32 square feet in area and eight feet in height.
Multifamily districts.
(1)
One non-internally illuminated permanent identification sign may be permitted at each entrance to the development.
(2)
Such sign shall not exceed 20 square feet in area and six feet in height.
MISCELLANEOUS SIGNS
260-37D Directory Sign1.tif
DIRECTORY SIGN
A sign or group of signs attached to a building or freestanding which identifies or directs traffic to the business, owner, address, or occupation of a group of businesses.
Standards:
(1)
Only one directory sign shall be permitted at each entrance and one additional directional sign elsewhere on the premises.
260-37D Directory Sign2.tif
(2)
No such sign shall exceed 16 square feet in area.
(3)
Additional internal directory signs not visible from the street may be permitted as part of a master sign plan.
(4)
Such sign may contain business names with arrows.
F. 
Sign lighting electrical standards.
(1) 
Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. (See sign standards for "Message Center Sign LED Message Centers.")
(2) 
In no event shall any illuminated sign or lighting device be placed so as to permit its beams and illumination to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
(3) 
The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced.
(4) 
All electric to freestanding signs shall be buried below grade and meet the minimum requirement of the National Electric Code.
(5) 
All signs which are illuminated shall be UL listed.
G. 
Sign area computation. The following principles shall control the computation of sign area and sign height.
(1) 
Computation of area of individual signs.
(a) 
The area of a sign face shall be computed as the area of the smallest square, circle, rectangle, or triangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color determined by the Code Enforcement Officer to form 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. The supporting structure or bracing of a sign shall be omitted in measuring the area of the sign unless such structure or bracing is made part of the message or face of the sign.
260-37G(1)(a) Emblem or Decal Sign.tif
(b) 
Where a sign consists of individual letters, words or symbols attached to a surface, building, canopy, awning or wall, the sign area shall be the area of the smallest rectangle which completely encompasses all such letters, words or symbols and any accompanying background of a color different than the color of the wall.
260-37G(1)(b) Cabinet Sign.tif
(2) 
Computation of area of multifaced signs freestanding signs.
(a) 
The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces area placed back to back or at an angle of less than 45° and when such sign faces are part of the same sign structure, the sign area shall be computed by the measurement of one of the faces.
260-37G(2)(a) Sign Area Sign.tif
(b) 
For multifaced freestanding signs with an angle over 45° and/or have three or more faces, each sign face shall be calculated separately to determine the allowable sign area for such freestanding sign.
H. 
Permitted signs table.
Sign Type
Residential Districts
Business Districts
Industrial Districts
Address sign
 Checkmark.tif
 Checkmark.tif
 Checkmark.tif
Construction sign
 Checkmark.tif
 Checkmark.tif
 Checkmark.tif
Incidental sign
 Checkmark.tif
 Checkmark.tif
Fuel pump sign
 Checkmark.tif
 Checkmark.tif
Political sign
 Checkmark.tif
 Checkmark.tif
 Checkmark.tif
Real estate sign
 Checkmark.tif
 Checkmark.tif
 Checkmark.tif
Window sign
 Checkmark.tif
 Checkmark.tif
Signs Requiring A Permit
Building Signs
Awning sign
 Checkmark.tif
 Checkmark.tif
Fascia sign
 Checkmark.tif
 Checkmark.tif
Hanging sign
 Checkmark.tif
 Checkmark.tif
Marquee sign
 Checkmark.tif
 Checkmark.tif
Projecting sign
 Checkmark.tif
 Checkmark.tif
Wall sign
 Checkmark.tif
 Checkmark.tif
Freestanding Signs
Ground sign
 Checkmark.tif
 Checkmark.tif
Message center sign
 Checkmark.tif
Pole sign/pylon
 Checkmark.tif
Subdivision identification sign
 Checkmark.tif
Miscellaneous Signs
Directory sign
 Checkmark.tif
 Checkmark.tif
I. 
Permitted sign area.
(1) 
Total sign area for building parcel/lot. Total signage for those signs which require a building permit shall be limited to the following thresholds:
(a) 
C-1 zoned parcels: 1,000 square feet total for all signs.
(b) 
C-2 zoned parcels: 1,000 square feet total for all signs.
(c) 
MS zoned parcels: 700 square feet total for all signs.
(d) 
M-1 zoned parcels: 500 square feet total for all signs.
(e) 
M-2 zoned parcels: 500 square feet total for all signs.
J. 
Temporary signs. Exterior portable or temporary signs shall be limited to a maximum sign area of 32 square feet per face and erected, used or maintained only after obtaining a temporary building permit for a sign. A temporary permit for a sign shall be issued subject to the following limitations:
(1) 
A temporary sign is permitted for period not exceeding 30 consecutive days.
(2) 
The use of the sign is limited to an individual business and permitted once per calendar year.
(3) 
Signs may be internally illuminated and may use LED message displays consistent with the limits for such signage found in this section. All electrical cords utilized for such signage must be protected from physical damage and electrocution to persons and animals.
(4) 
Signs may not be placed on public property and may not cause visual obstructions for motorists or pedestrians.
(5) 
Signs must be anchored to prevent overturning or becoming windblown.
K. 
Construction and maintenance of signs. Every sign shall at all times be in a safe and structurally sound condition and maintained by replacement of defective or worn parts, painting, repainting and cleaning. The Code Enforcement Officer shall require compliance with all standards of this chapter. If the sign does not comply with adequate safety standards, it shall be removed as directed by the Code Enforcement Officer.
(1) 
Abandoned signs. Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of three consecutive months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of nine months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises. Failure to remove an abandoned sign shall be a violation of this chapter.
(2) 
Dangerous or hazardous signs. No person shall maintain or permit to be maintained on any premises owned, occupied or controlled by such person any sign which is either not structurally sound or creates an electrical hazard. Any such sign shall be removed or repaired by the owner or user of the sign or the owner of the premises. Exposed wires on a sign or its supporting members are prohibited.
(3) 
Unlawful signs/lawful nonconforming sign. Signs erected without a permit or established inconsistent with provisions of this chapter shall be considered a violation punishable by the provisions found in § 260-67.
(a) 
Wall signs and freestanding signs lawfully established with an approved permit may continue until abandoned as specified above.
(b) 
Amortization period for LED message signs. Signs which utilize LED message displays and which were lawfully established prior to the original adoption of this chapter may continue for a period of six months. Upon the expiration of six months, such signage must adhere to the following limitations of use:
[1] 
All messages shall remain static for a period of no less than 60 seconds.
[2] 
The transition between successive messages shall be instantaneous and shall not contain such visual effects as fading, dissolve, flashing, or animation.
[3] 
Each message displayed shall be complete in itself, without continuation in content to the next message or to any other sign. All such graphics being utilized in the message shall also be static during the message interval.