East Bloomfield City Zoning Code
ARTICLE XIII
Sign Regulations
§ 135-98 Purpose.
The purpose of these regulations is to provide comprehensive time, place and manner restrictions on signage including, but not limited to, controls on size, height, quantity, location, spacing, shape, lighting, motion, design and appearance toward the basis of promoting community aesthetics, traffic safety, economic development and the protection of property values.
§ 135-99 Intent.
[Amended 12-14-2015 by L.L. No. 4-2015]
It is intended, by the provisions of these regulations, to accomplish the following:
A.
To create a more attractive economic and business climate and to enhance and protect the physical appearance of the community.
B.
In addition, it is intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, and provide more visual open space.
C.
It is intended to promote attractive signs, which clearly present the visual message in a manner that is compatible with the sign's surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
D.
To provide standards to distinguish between commercial and noncommercial speech signage in the Town of East Bloomfield.
§ 135-100 Compliance.
A.
Categories - all signs. After the enactment of this chapter, all signs existing within the Town of East Bloomfield shall be categorized as follows:
B.
Classification - previously erected signs. After the enactment of this chapter, all signs previously erected within the Town of East Bloomfield shall be classified as follows:
(1)
A sign for which no permit was heretofore issued.
(2)
A sign that is made nonconforming for which a permit or site plan approval was obtained under the provisions of the Town of East Bloomfield previous sign regulations.
(3)
A sign that conforms to the standards contained in this chapter, for which a sign permit and sign compliance certificate have been issued by the Code Enforcement Officer.
(4)
A sign that conforms to the standards contained in this chapter, but for which no sign permit or sign compliance certificate is required from the Code Enforcement Officer.
C.
Conformance for all signs. No commercial speech sign shall be permitted or noncommercial speech sign allowed in the Town of East Bloomfield, except in conformity with the provisions of this chapter.
[Amended 12-14-2015 by L.L. No. 4-2015]
(1)
A sign that conforms to the standards contained in this chapter, for which a sign permit and sign compliance certificate have been issued by the Code Enforcement Officer.
(2)
A sign that conforms to the standards contained in this chapter but for which no sign permit or sign compliance certificate is required from the Code Enforcement Officer.
D.
Nonconforming signs.
(1)
Alteration of nonconforming signs. Nonconforming signs shall not be altered, rebuilt, enlarged, extended or relocated, unless such action changes a nonconforming sign to a conforming sign as provided herein. The failure to keep any such nonconforming sign in good repair within a period of 30 days after due notification by the Code Enforcement Officer shall constitute abandonment of the sign. An abandoned sign shall not be reused and shall be removed by or at the expense of the property owner.
(2)
Early termination of nonconforming signs. If a project subject to development review is proposed for a parcel upon which a nonconforming sign is located, the reviewing board or agency shall require that said nonconforming sign(s) be brought into compliance as a condition of approval of the proposed development review(s).
(3)
Nonconforming signs damaged by acts of nature and/or outside the property owner's control can be rebuilt to the original nonconforming state within 12 months of being damaged or destroyed.
[Added 12-14-2015 by L.L. No. 4-2015]
§ 135-101 Sign permits.
A.
Application required. The following signs shall require a sign permit application to be submitted and a sign permit issued in accordance with the provisions of this chapter prior to erecting and maintaining a sign in the Town of East Bloomfield.
B.
Application not required. The following signs do not require a sign permit application be to submitted or a sign permit to be issued prior to erecting and maintaining a sign:
[Amended 7-14-1997 by L.L. No. 1-1997]
C.
Issuance by Code Enforcement Officer.
(1)
The Code Enforcement Officer shall have the authority to issue sign permits for any commercial speech sign permitted in any zoning district as specified in § 135-108 of these regulations.
(2)
The Code Enforcement Officer shall refer all applications for commercial speech sign permits that involve more than one sign per building or site to the Town of East Bloomfield Planning Board for sign site plan approval. The Town of East Bloomfield Planning Board shall have the authority to approve all sign permit applications requiring sign site plan approval. The sign site plan approval procedures are set forth in § 135-108 of these regulations.
(3)
The Code Enforcement Officer shall have the authority to approve a modification to an approved sign site plan, provided that there is no change to either the number, location or total area of signs.
D.
Certain temporary signs that do not require a permit.
(1)
The following commercial speech temporary signs are allowed in all use districts without a sign permit, but must be erected as a ground sign or affixed to a building and meet the following standards:
(a)
Temporary signs on temporary buildings for uses incidental to construction work, provided that such signs are removed when the buildings are removed or upon completion or abandonment of the construction work. Such signs shall not exceed 20 square feet in area.
(b)
One ground or wall temporary site development sign, to identify a development of real property is permitted, subject to the following conditions:
[1]
The maximum allowable sign area shall be 20 square feet.
[2]
A ground sign shall be allowed only for and during the development of a vacant site.
[3]
A wall sign shall be allowed only for and during the redevelopment of an existing structure.
[4]
A ground sign shall be no taller than six feet above average grade and a wall mounted sign shall be no higher than 10 feet above average grade.
[5]
A temporary site development sign shall be oriented towards the public way in front of the site.
[6]
The information permitted is limited to project name, prime real estate agent, financial investors, general contractor, subcontractors, builder and architect and may include "now accepting reservations."
(c)
No sign erected pursuant to this section shall remain after 12 months from the date of erection, the issuance of a certificate of occupancy or termination of work on the project, whichever occurs first.
§ 135-102 General regulations.
[Amended 12-14-2015 by L.L. No. 4-2015]
A.
All signs shall be considered structures and, unless exempted, shall require a permit obtained upon approval by the Code Enforcement Officer. A permit is required prior to erecting, altering or relocating any sign. To insure the safety of the community, all signs must comply with the Building and Electrical Codes of the Town of East Bloomfield and the State of New York. See § 135-101 for the permit process.
B.
Design standards. All signs erected and maintained in the Town of East Bloomfield shall be in accordance with the following sign design standards:
(1)
Architectural harmony. Commercial speech signs and their supporting structure should be in harmony architecturally with both the surrounding structures and signs.
(2)
Changeable copy signs. Changeable copy commercial speech signs (commonly known as "bulletin boards"), not exceeding 20 square feet in area, of any public, religious or charitable organization located within the Town shall be allowed when such signs are in conformance with all other restrictions for that district. All changeable copy commercial speech signs require a sign permit.
(3)
Any sign that is remotely changed on- or off-site and has a message duration time established, any changeable copy sign that uses a matrix of illumination elements, such as light emitting diodes, LED, LCD, plasma display, individual light bulbs or other digital or analog electronic media to display or project copy which can be modified by electronic processes. All illuminated signs or lightening devices for all signs shall be placed or directed so as to be localized and unobtrusive. All illuminated signs shall comply with Town lighting laws and regulations and extend up to seven feet above grade level. Must maintain three feet above grade.
[Amended 6-10-2024 by L.L. No. 3-2024]
(4)
The use of portable, billboards, spinners, streamers, or flashing, glittering or reflective, or similar eye-catching devices is not permitted. No sign shall consist of animated or moving parts.
[Amended 6-10-2024 by L.L. No. 3-2024]
(a)
Pennants and banners are allowed for advertising where the primary business is located and out of the right-of-way.
(b)
Temporary banners or portable signs announcing civic or charitable events are permitted for a period up to 14 days prior to the event and shall be removed within 48 hours after the event.
(5)
The use of one sandwich board sign is allowed on a daily basis in the Community Commercial, Light Industrial and General Industrial Districts but must conform to the following:
(a)
No sign may be displayed during hours when the business is closed.
(b)
No sandwich board signs will be allowed within or on a public way, except where the only property located in front of a business is a public right-of-way.
(c)
Signs must be displayed in the front of the business, except when located within a plaza/mini mall at which time a sandwich board sign is permitted near the roadway as long as the placement of the sign does not compromise the accessibility or visibility onto the roadway.
(d)
Signs will be no larger than 24 inches wide by 40 inches high and of A-frame construction.
(e)
Sandwich board signs require a permit issued by the Code Enforcement officer.
(g)
All sandwich board signs must be wind resistant.
(6)
Lighting. No sign in a residential district may be illuminated.
(7)
Lighting angle. If exterior sign lighting is provided, it shall be arranged to reflect away from the surrounding property and away from public ways.
(8)
Lighting intensity. The intensity of the light source shall not exceed that necessary to illuminate and make legible a sign from the public ways. Signs constituting a traffic hazard are prohibited.
(9)
Maintenance. All signs and structures which support a sign shall be adequately maintained. Maintenance of a conforming sign or a legally nonconforming sign shall not be considered an erection or alteration so long as a structural change is not made.
(10)
Attachments. No sign shall be attached to fences, streetlights, utility poles or trees.
(11)
Pertinent advertising. Thirty business days after a sign no longer advertises a bona fide business conducted, product sold or activity being conducted, said sign shall be removed by the owner, agent or person having the beneficial use of the building, structure or lot upon which sign is found.
(12)
Uniform Building Code. All signs shall comply with the applicable regulations of the State of New York Uniform Fire Prevention and Building Code.
(13)
Utility lines clearance. No permit for any sign shall be issued and no sign shall be constructed or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines in that prescribed by the laws of the State of New York.
(14)
Public safety signage. Every principal building or structure excepting those buildings identified under an addressing scheme as part of a county wide 911 numbering system shall have Arabic numerals (street identification numbers), at least four inches in height, permanently attached to the building near the main entrance and clearly visible from the public way. Where said principal building or structure is located more than twice the minimum front setback required or where street identification numbers attached to the building are not clearly visible from the public way, then there shall be erected (within 10 feet of the property line and next to the site's access point) a post, not exceeding five feet in height by six inches in width, which shall contain the street identification number.
(15)
Public safety clearance. No sign shall be allowed to be attached in any form, shape or manner to a fire escape or to any door or window giving access to any fire escape.
(16)
Projecting signs. No sign shall be permitted to project into any public right-of-way. No portion of any projecting sign shall be less than 10 feet above grade level. There shall be no more than one projecting sign for any building, unless the building has public entrances to two or more public ways, in which case one projecting sign may be erected for and toward each public way.
(17)
Awning signs. The use of awnings as signs may be permitted. When awnings are used on adjacent businesses on the same structure in an industrial park, a commercial plaza, a strip mall, an enclosed commercial mall or any combination thereof, the awnings shall be uniform in vertical dimensions and height above the ground, shall be of the same color, material, and extension, and shall have display lettering of the same size, style and color.
§ 135-103 General procedures for erecting and maintaining signs.
A.
Noncommercial speech signs: residential uses.
[Amended 12-14-2015 by L.L. No. 4-2015; 9-13-2021 by L.L. No. 5-2021; 6-10-2024 by L.L. No. 3-2024]
(1)
Noncommercial speech signs for residential, nonresidential, noncommercial and nonindustrial uses may be allowed in any district without a permit, subject to the following conditions:
(a)
Of the total number of signs, only one shall be a window sign. No window sign window shall exceed 25% of the total window opening, or one square foot, whichever is smaller.
(b)
A building mounted sign may not exceed one square foot in total area. Any building mounted sign shall be located in proximity to an exterior entrance.
(c)
A ground mounted sign, unless otherwise specified herein, shall:
[1]
Be single-sided;
[2]
Not exceed eight square feet in sign copy area;
[3]
Not exceed five feet in height above grade;
[4]
Maintain a minimum ground clearance of three feet;
[5]
Maintain a minimum front setback of 10 feet from a property line; and
[6]
Not interfere with vehicle site distances either from, along or to a public way.
B.
Noncommercial speech signs: nonresidential, noncommercial and nonindustrial.
(1)
Noncommercial speech signs for nonresidential, noncommercial and nonindustrial uses may be allowed in any district without a permit, subject to the following conditions:
(a)
A sign may not exceed 20 square feet in area.
(b)
A freestanding sign must be located in the front yard portion of a lot, may not be closer than 15 feet to any property line and shall have a maximum height above grade level of six feet.
(c)
A building mounted sign must be located on the first floor front facade front of the structure.
C.
Commercial speech signs: general.
(1)
All applications for a sign permit shall be made, in writing, upon forms prescribed and provided by the Code Enforcement Officer and shall contain the following information:
(a)
Name, address and telephone number of the applicant and, where applicable, the owner of the land upon which the sign is to be erected.
(b)
Location of building, structure or land to which or upon which the sign is to be erected.
(c)
A detailed drawing or blue print to a scale not exceeding one inch equals one foot showing the construction details of the sign, the lettering and/or pictorial matter and the position of lighting or other extraneous devices; and a location plan drawn to scale not exceeding one inch equals 20 feet showing the position of the sign on any buildings or structures, including building elevation, any private or public street or highway.
(d)
The zoning district in which the sign is to be placed and reference cited to the sign requirements as contained in this chapter.
(e)
Identification of all other signs existing on said land and whether those other signs are conforming or legally nonconforming.
(f)
Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event that the applicant is not the owner thereof.
(g)
The applicant's signature attesting to the accuracy of the application.
(2)
The Code Enforcement Officer's review of all sign permits shall be based on the completed application form, any accompanying photos, drawings and a site inspection.
(3)
The Code Enforcement Officer shall:
(a)
Review the design, size and location of the proposed sign to determine whether the proposed sign is in violation of any of the regulations or restrictions set forth in this chapter.
(b)
Grant or deny the application within 30 days of receipt of a complete application and file the decision in the office of the Town Clerk. A denial shall be accompanied with a brief statement of the reason for the denial (for appeals, see § 135-14B of this chapter).
(c)
Once an application has been approved, the Code Enforcement Officer shall issue a sign permit. Said permit shall be valid for a period of 120 days from date of issuance. Subject to Subsection C(3)(d) of this section, if a certificate of sign compliance is not issued within the one-hundred-twenty-day period for the sign permit, said sign permit shall expire.
(d)
Within seven business days of the placement of the approved sign the applicant shall provide a photograph of the sign to the Code Enforcement Officer. Upon presentation of the evidence of erection of the sign in compliance with this chapter and a sign permit, the Code Enforcement Officer shall issue a certificate of sign compliance.
(e)
Should the Code Enforcement Officer, upon inspection, find the sign not in compliance with the sign permit, the applicant shall be so notified by certified mail within two business days of the inspection. The applicant shall have up to 30 business days from the date of the receipt of the certified notification letter to correct the cited deficiencies and to notify the Code Enforcement Officer of said change(s). In no event shall said additional thirty-day period extend the one-hundred-twenty-day validation period for the sign permit (for removal of signs, see § 135-105 below).
(f)
The Code Enforcement Officer shall maintain a file on all commercial sign permits issued. The file shall contain photos of all existing commercial speech signs and identify whether a sign was erected with or without a permit, before or after the effective date of these sign regulations. The file shall also identify the date(s) that all nonconforming signs shall be relocated or removed or dates when sign compliance certificates were issued. The Code Enforcement Officer shall notify the owner of the property on which the sign is located or the applicant on file of the date said sign is to be relocated or removed.
D.
Sign location:
[Added 12-14-2015 by L.L. No. 4-2015]
(1)
Signs shall not be placed on the roof of any structure or roof surface of flat roofs or the deckline of mansard or above the roofs.
(2)
Three feet is the maximum distance the furthermost edge of a sign (awning sign) shall project from the structure wall to which it is attached.
(3)
Signs or awnings must be located greater than eight feet above a pedestrian-way and shall not project over any adjacent property line or into a vehicular public way.
(4)
Signs shall be located such that they do not prevent ingress or egress from any door, window or fire escape or hinder a clear view into and/or out of buildings.
(5)
Signs shall be located such that they do not interfere with, obstruct the view of, or be confused with any authorized traffic "look," "danger," "drive slowly," "caution," "warning," "detour," or any similar words or phrases which could interfere with proper and safe driving procedures or confuse motorists.
(6)
The number of signs permitted shall be limited to one sign for each frontage which is physically part of the occupied space.
E.
Political speech signs. Political speech signs for residential, nonresidential, noncommercial, and nonindustrial uses may be allowed in any district without a permit subject to then following conditions:
[Added 6-10-2024 by L.L. No. 3-2024]
(1)
Up to five temporary signs or posters advertising a candidate or ballot may be displayed prior to a date of the election or measure and shall be removed no later than seven days after the election unless such sign continues to pertain to a pending election or ballot. Political signs shall not be attached to any highway sign or utility pole and shall be located no less than 15 feet from the edge of pavement unless otherwise specified in this regulation.
(2)
Of the total number of signs only one shall be a window sign. No window sign shall exceed 50% of the total window and located on the first floor.
(3)
Of the total number of signs allowed only one shall be a building mounted to face a public way and shall be no larger than 32 square feet and located on the first floor.
(4)
A ground-mounted sign, unless otherwise specified herein, shall:
(a)
Of the total number of signs only one ground-mounted sign can be up to 64 sq. ft. if double-sided, 32 sq. ft. if single-sided, and shall maintain a minimum setback of 10 feet from any property line and not to exceed seven feet in height above grade with a minimum ground clearance of three feet.
(b)
Of the total number of remaining signs shall be 2X2 double-sided signs located 15 feet from the pavement as long as it doesn't interfere with any vehicle site lines.
(c)
All other signs erected shall not interfere with vehicle site distances either from, along or to a public way.
§ 135-104 Commercial and industrial speech sign regulations.
[Amended 11-8-2021 by L.L. No. 6-2021]
A.
Residential uses.
(1)
Commercial speech signs are not permitted in any R-1-30 Residential District.
(2)
The following standards shall guide the regulation of all signs associated with permitted accessory uses or special permitted uses in the AR-2 Agricultural Rural Residential District or the RR-1 Rural Residential District:
(a)
No more than one commercial speech sign shall be erected on a principal building. Said sign shall face a public way.
(b)
The total square footage for a building-mounted commercial speech sign shall be the lesser of:
[1]
One square foot of area for each linear foot of building frontage, plus 0.25 square foot of sign area for each foot said sign is set back from the public way.
(c)
As an alternative to a building-mounted commercial speech sign for accessory or special permitted uses, there may be erected one two-sided ground sign on the premises. Said ground sign may contact a maximum of 16 square feet and extend up to seven feet above ground grade level. The support pole for said ground sign shall not be located closer than 10 feet to a public way. Every ground sign shall be subject to sign site plan approval by the Planning Board.
B.
Commercial and industrial uses.
(1)
The following standards shall guide the regulation of all signs associated with projects located in any commercial or industrial district when only one principal building, use or activity is proposed or exists upon a single parcel of real property:
(a)
No more than one identification sign shall be erected on a building. Said sign shall face a public way.
(c)
As an alternative to a building-mounted identification sign, there may be erected one two-sided ground sign on the premises. Said ground sign may contain a maximum total sign area of 64 square feet and extend up to seven feet above grade level. The support pole for said ground sign shall not be located nearer than five feet to a public way. Every ground sign shall be subject to sign site plan approval by the Planning Board.
(2)
The following standards shall guide the regulation of all commercial or industrial speech signs associated with sites located in any commercial or industrial district where more than one principal building, use or activity is proposed or exists upon a single parcel of real property, such as in the case of a shopping center, plaza, office complex or other multiple commercial use facilities:
(a)
A single double-sided ground sign of up to 64 square feet in area and not more than 12 feet in height with a minimum of three feet above grade may be erected which identifies the name of the shopping center, plaza, office complex, or other multiple commercial use facility and may also identify each individual business.
(b)
A sign site plan shall be approved by the Town Planning Board.
(c)
Ground signs identifying individual businesses shall be prohibited.
(d)
Each individual business or use that has an exterior entrance may have one building-mounted identification sign. Each sign shall be uniform in design, style and location on the building. Each sign shall not exceed the sum of one square foot of area for each linear foot of store frontage; plus, 0.25 square foot of area for each foot said sign is set back from the closest public way. Any tenant having a second exterior entrance on more than one public way shall be allowed a second building-mounted identification sign which shall be located next to the second exterior entrance. The maximum size for the second entrance sign shall not exceed eight square feet.
(e)
A multiple-use structure having one main entrance may have one building-mounted sign located on the same elevation as the main entrance. Such sign shall identify in a group all of the tenants. Such sign shall not exceed 20 square feet in area.
(f)
The signs allowed in Subsection B(2)(d) and (e) above shall be placed on the side of the building facing the common parking area and shall be in proximity to the main entrance(s) to the building. In the event that a multiple-use structure does not have a common parking area, all building-mounted sign(s) shall be on the side of the building facing the public way and located next to the main entrance.
(g)
In addition, next to each building entrance one directory sign may be permitted containing the name of each tenant in the building. The building directory sign shall not exceed six square feet. Such directory shall be compatible with the commercial sign(s) located on said building.
(3)
Commercial and industrial uses when serviced by an internal access road.
(a)
The following standards shall guide the regulation of all commercial or industrial speech signs associated with sites located in any commercial or industrial district that is serviced by an internal access road. Said development may be identified by a freestanding directory sign where the access road intersects with a public way. Such directory signs shall be subject to the following criteria, and subject to review and approval by the Planning Board.
(b)
Such signs shall be of a freestanding directory nature and contain the name of the development site and/or the names and addresses of the businesses located within the development site.
(c)
Individual signs shall be no larger than 10 square feet in size and can be double-sided.
(d)
The total height of the sign shall not exceed 20 feet and shall be three feet above grade.
(e)
Illumination of such signs shall only be from an external source, dark-sky compliant, and shine downward on the signs. Light shall not impact adjacent parcels.
(f)
The directory sign shall be located in a manner as not to obstruct vision for ingress/egress, and set back the minimum distance out of the right-of-way on each roadway, and 50 feet from a residential parcel.
(g)
Signs will be consistent in design of other directory signs and in overall harmony with the community character of the Town.
§ 135-105 Review and approval by Planning Board.
Generally, every sign permit application that involves a sign other than the first to be erected on a site shall require a sign site plan to be approved by the Town of East Bloomfield Planning Board. All applications for sign site plan approval are to be submitted to the Code Enforcement Officer on forms provided. The Code Enforcement Officer shall process all complete applications in accordance with the following procedures:
A.
The Code Enforcement Officer shall refer the application along with an application for sign site plan approval to the Town of East Bloomfield Planning Board for its review and approval.
B.
All sign site plan approval applications to be heard by the Planning Board are hereby classified as unlisted actions, under Part 617 of the State Environmental Quality Review (SEQR) regulations. All applications for sign site plan approval must be accompanied by a completed short-form environmental assessment for unlisted actions.
C.
Upon a referral from the Code Enforcement Officer of a complete application, the Planning Board shall, within 60 days approve, modify or deny any application for a sign site plan. Any modification or denial of a sign site plan shall be accompanied by a brief statement of the reason for such modification or denial.
D.
The Planning Board may modify a sign site plan application, provided that such modification does not result in the need for any variances to these sign regulations. All sign site plan modifications must directly relate to the statements of purpose and intent set forth above in this chapter.
E.
The Planning Board's action on a sign site plan application shall be the basis for the Code Enforcement Officer to approve or deny a sign permit, which action is declared ministerial in nature.
F.
The Code Enforcement Officer may authorize a subsequent modification to an approved sign site plan, provided that there is no change to either the number of or total area of signs.
G.
If the sign authorized under any such permit has not been completely erected within 120 days from the date of the issuance of such permit, the permit shall become null and void, but may be renewed for one additional sixty-day period upon the approval of the Code Enforcement Officer and upon payment of an additional fee.
§ 135-106 Removal of signs.
A.
Signs not permitted to use.
(1)
The owner of any sign that no longer serves a purpose for which a permit was issued or is otherwise in violation of the provisions hereof shall be notified, in writing, by the Code Enforcement Officer to either:
B.
Signs causing immediate peril. The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily upon written notice to that effect. Failure to comply within five days of such notice will serve as an authorization to the Code Enforcement Officer to remove or cause removal of such sign, with all costs and expenses charged as provided for above.
§ 135-107 Prohibited signs; signs not requiring a permit.
A.
Specific signs prohibited. The following types of signs are prohibited in all districts:
(1)
Posted advertisements. Posted advertisements are not allowed in any residential district. In all other districts, posted advertisements shall not be attached to trees, fences, utility poles, telephone booths, street furniture, public transit shelters or benches or automatic teller machines (ATM).
(2)
Moving signs. Signs which move or simulate motion are prohibited. This shall include flashing, blinking, animated, rotation signs or signs whose illumination or projected surface change with time, but shall not include time and temperature signs.
(4)
Pertinent advertising. No commercial speech sign shall be displayed unless such sign advertises a bona fide business conducted in or on the premises.
(5)
Price signs. Signs, other than window signs, specifying price, cost or value are not allowed, unless advertising the price of gas at a gasoline station, as required by county law.
(6)
Product, trade names or logos. Product names, trade names or logos are permitted as a part of a sign only when the product name, trade name or logo is integral to the use of the premises. No more than 10% of the area of such sign may be used to display the brand names of any products or commodities actually sold on the premises.
(7)
Reflective surfaces. Reflective surfaces are not allowed.
(8)
Rights-of-way. Unless otherwise specified herein, no signs shall be permitted in any public right-of-way without permission of the Town Board or other governmental agency having jurisdiction over the public right-of-way.
(9)
Roof signs. No signs, banners, flags or other like advertising devices shall be permitted on the roof of any building or structure or be mounted so as to project above the eaves line.
(10)
Sandwich boards. A sandwich board sign is allowed, as provided in Subsections B(3)(a) and (b) of this section, on a daily basis to identify premises for sale or rent and bearing a legend such as "Open" or "Open for Inspection" and to identify a promotional sale event being conducted on the premises for a period not to exceed 14 consecutive days. No sandwich board signs will be allowed within or on any public way or left outside during nondaylight hours.
(11)
Statuary signs. Statuary signs are not permitted.
(13)
Traffic hazard. No permanent or temporary sign shall be erected or placed at or near the intersection of any streets in such a manner as to cause a traffic hazard at the intersection; or at any location where, by reason of the position, shape, color or illumination of the sign, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device which makes use of the words "stop," "look," "drive-in," "danger," "go slow," "caution," "warning," "right," "left" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse vehicle operators.
B.
Signs not requiring a permit. The following types of signs are permitted in all districts and shall neither require a permit but shall otherwise be subject to the provisions of this chapter:
(1)
Noncommercial speech signs.
(2)
Credit card signs. Credit card advertisements or trade association emblems, which are displayed together and the area of which does not exceed one square foot, may be displayed. Such signs shall be displayed flat on window or door surfaces. The purpose of these signs is to offer a service and not to advertise the business.
(3)
Sale, lease or open for inspection signs.
(a)
Signs advertising the sale, lease or rental of the premises upon which the sign is located, which sign shall not exceed six square feet in area. One such sign shall be permitted per premises. Where such sign(s) are associated with a townhouse or condominium unit, the sign placement shall be set back at least 10 feet from the right-of-way line directly in front of the unit.
(b)
The following signs may be placed on a Saturday and Sunday:
[Amended 12-14-2015 by L.L. No. 4-2015]
[1]
One sign, not exceeding six square feet, bearing a legend such as "Open" or "Open for Inspection," on a premises being advertised for sale.
[2]
Two signs, not exceeding six square feet, bearing a legend such as "Open" or "Open for Inspection," at locations other than the premises being advertised for sale.
(c)
Such signs may be located within the right-of-way, provided that they are placed so as not to interfere with sight distances. Each sign shall not be more than three feet in height. If of a sandwich board design, each sign must have at least two inches of ground clearance. If of a pole mounted design, each sign must have at least one foot of ground clearance.
(4)
Vehicular signs. Commercial speech signs are allowed only on licensed/registered motor vehicles used in conjunction with a business, provided that the primary purpose of such sign copy is not to direct the traveling public's attention to the business location.
C.
Exemptions. The following Subsections describe types of signs which shall be exempt from the permit process, providing such signs comply with the general requirements of this article and other conditions imposed by these regulations. Where uncertainty exists, the Code Enforcement Office shall be consulted prior to proceeding.
[Added 12-14-2015 by L.L. No. 4-2015]
(1)
Historical markers, tablets and statues, memorial sign and plaques; names of buildings and dates or erection when cut into any masonry surface or when constructed of bronze, stainless steel, or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations; not exceeding six square feet.
(2)
A single flag or insignia of any government, except when displayed in connection with any commercial promotion.
(3)
On-premises directional signs for the health, safety and welfare of the general public, not exceeding four square feet per face.
(4)
Nonilluminated "warning," "private drive" or "no trespassing" signs, not exceeding two square feet per face and six feet in height above the ground.
(5)
Legal notices, identification, informational or directional signs erected or required by governmental agencies.
(6)
Number and nameplates identifying residents and addresses, mounted on the house, apartment or mailbox, not exceeding two square feet in area.
(7)
Lawn signs or lamppost signs identifying residents or addresses, not exceeding two square feet.
(8)
Private owner merchandise sale signs for garage sales and auctions, not exceeding four square feet. Signs shall be erected no sooner than 72 hours prior to the sale and removed within 24 hours after such sale. In no case shall the total sale period exceed 10 days.
(9)
Signs at gasoline stations which are integral graphics or attached price signs on pumps and other signs as mandated by regulatory agencies.
(10)
Credit card advertisements or trade association emblems shall be displayed together in an area which does not exceed one square foot. Such signs shall be displayed flat on window or door surfaces. The purpose of these signs shall be solely to offer a service and not to advertise the business.
(11)
One sign listing the architect, engineer, contractor, lending institution, and/or owner on premises where construction, renovation, or repair is in progress. The area of the sign shall not exceed six square feet in residential districts or 16 square feet in the business districts. The height of the sign shall not exceed six feet.
(12)
Nonilluminated window signs and posters not exceeding 25% of the window.
(13)
Temporary directional signs for meetings, conventions, and other assemblies. Such signs shall be removed within 24 hours following the function.
(14)
Temporary signs advertising a special community event located in the Town may be displayed no more than 30 days prior to the beginning of the event and shall be removed within three days following the event. The area of the sign shall not exceed 16 square feet. The height of the sign shall not exceed six feet.
(15)
Temporary real estate signs.
(a)
Improved premises. One temporary real estate sign advertising the sale, lease or rental of improved premises upon which the sign is located shall be allowed for each frontage. The area of the sign shall not exceed six square feet. The height of the sign shall not exceed six feet. The sign may have printing on both sides and shall be allowed on a premises offered for rent, sale or lease.
(b)
Unimproved land. One temporary real estate sign advertising the sale, lease or rental or unimproved land upon which the sign is located shall be allowed for each frontage, the area of the sign shall not exceed 16 square feet. The height of the sign shall not exceed six feet. The sign shall be removed within 30 days following the sale, lease or rental of the unimproved land.
(c)
Open-for-inspection signs.
[1]
One temporary freestanding open-for-inspection sign shall be permitted only during those hours when such property is actually available for public inspection and only if located upon the premises.
[2]
Additional temporary freestanding open-for-inspection signs shall be permitted at the intersections of those streets leading to the property only during those hours in which the property is actually available for inspection. Such signs shall not be attached to any highway sign or utility pole.
§ 135-108 General standards for window signage.
The following standards shall guide the regulation of all window signs located in any commercial or industrial district:
A.
Window signs shall cover no more than 25% of the total window area. In addition, window signs shall not exceed five square feet per window space.
B.
Each tenant may have two window signs. In no event, however, shall a window sign be permitted where there is a building mounted identification sign.
C.
A window space is considered to be the total area of any single window pane or series of window panes with a width of 12 inches or less separated by mullions.
§ 135-109 Enforcement; penalties and fees.
A.
Enforcement and penalties.
(1)
It shall be the duty of the Code Enforcement Officer or his delegate to administer and enforce the provisions of this article.
(2)
When violations occur under this article, the Code Enforcement Officer shall cause notice to be given to the owner or occupant of the premises on which the sign is located or to the agent of either or person receiving the benefits from the offending sign. Said notice may be given by certified mail, return receipt requested, or by issuance and service of a notice of violation. If any of said persons fails to abate said violation within five days after such notice has been personally served upon them or with 10 days after such notice has been sent to said person by certified mail at their home or business address, said person shall be subject to a civil penalty of $250 for each and every day that said violation continues, recoverable by suit brought by the Code Enforcement Officer in the name of the Town and to be retained by the town.
(3)
The Code Enforcement Officer or authorized representative may serve a written stop-work order upon the applicant or other person who commits or assists in any such violation requiring the correction of any violation of this article.
(4)
The Code Enforcement Officer, on behalf of the town, may maintain an action for an injunction to enjoin violations of these regulations.
(5)
A permit issued pursuant to this chapter may be revoked by the Code Enforcement Officer if it appears that the sign erected pursuant to the permit no longer conforms to the provisions of these regulations.
(6)
The remedies provided herein shall be cumulative and shall be in addition to any other remedies provided by law.
§ 135-110 Sign maintenance.
All signs in the Town of East Bloomfield shall be properly maintained at all times. The Code Enforcement Officer shall have the authority to order the painting, repair or removal of a sign and accompanying landscaping which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Notification shall be by certified mail. If the maintenance notice is not complied with within 15 days, it shall become an order to abate the sign or perform the maintenance or repair specified therein.