Ellicott Town City Zoning Code
ARTICLE XII
Signs
[Amended 7-6-1977 by L.L. No. 2-1977; 10-5-1988 by L.L. No. 3-1988; 9-5-1990 by L.L. No. 2-1990; 12-2-1998 by L.L. No. 10-1998; 12-20-2000 by L.L. No. 7-2000]
§ 146-65 Legislative intent.
It is the intent of this article to:
Encourage sound aesthetic practices and lessen the objectionable effects of competition in respect to size and placement of signs.
Safeguard and enhance property values in all zoning districts.
Protect public investment in, and the character and dignity of, public buildings, open spaces and thoroughfares.
Protect the distinctive appearance of the Town of Ellicott, which is derived from its unique geography, topography, street patterns, skyline and architectural features.
Provide an environment which will promote the orderly development of the Town.
Reduce hazards to motorists and pedestrians traveling on the public way.
Thereby promote the public health, safety and welfare.
§ 146-65.1 Interpretation of provisions.
Where the provisions relating to a sign are inconsistent or conflicting, the more restrictive provisions shall apply.
Signs subject to the provisions of a conditional use, variance, exception, special permit or other special authorization, license or ordinance issued prior to the effective date of this article shall be subject to the provisions contained therein and to the provisions of this article. Where such provisions are inconsistent or conflicting, the more restrictive provisions shall apply. All such signs which do not conform to this article shall be considered nonconforming signs.
§ 146-65.2 Application procedure.
All signs not specifically described herein as "exempt signs" shall require a sign permit. Applications for sign permits shall be made to the Town Code Enforcement officer on forms prescribed by, and provided by, the Town of Ellicott and shall contain the following information:
Name, address and telephone number of the applicant.
Name, address and telephone number of the property owner.
Location of the building, structure and land upon which the sign now exists or is to be erected.
Elevation and plan drawings, to scale, shall be included. In addition, a full description of the placement and appearance of the proposed sign shall be included with the following information:
Location on the premises, specifically, its position in relation to adjacent buildings, structures and property lines.
Area of building facade, if applicable.
The method of illumination, if any, including the timing thereof and the position of such lighting other extraneous devices.
Graphic design (sketch to scale), including text copy, symbols, letters, materials and colors.
Other laws. Compliance with all other applicable governmental regulations shall be a prerequisite to the submission of any application under this section, and continued compliance with such regulations shall be deemed a condition of any permit or variance issued.
All applications requesting a permit in any district on the National Register of Historic Places by the Department of Interior, or listed as a preservation district, or eligible for such a listing, as evidenced by a letter from the New York State Preservation Officer, shall require a hearing.
§ 146-65.3 Review procedure.
Within 30 days of the filing of a completed application for a sign permit and the payment of the required fee, the Code Enforcement Officer shall examine the plans, specifications and the premises on which the sign is to be erected and a permit shall be granted, provided that:
Any proposed temporary sign conforms to the regulations of this chapter.
Upon review of the application for a new sign, a replacement sign or a nonconforming sign associated with existing buildings, the Town Code Enforcement Officer has determined that the criteria set forth herein have been complied with.
The issuance of a permit shall not excuse the applicant from conforming to other laws and ordinances of the Town, county or state. If the erection of any approved sign is not commenced within one year from the date of issuance, the permit shall become null and void. Said permit may be renewed within 30 days prior to the expiration thereof, for an additional six months, when good cause is shown.
§ 146-66 Definitions.
As used in this article, the following terms shall have the meanings indicated:
General terms.
An emblematic design, including those which are composed of light rays only, designed to attract public attention to an industry, business, commodity, product, service or activity, on or off the premises where such products, service or activity is or is intended to be sold or conducted.
A sign which directs attention to an industry, business, commodity, product, service or activity which is offered or conducted elsewhere other than on the premises upon which such sign is located. This term does not include the flag, pennant or insignia of any nation or association of nations, or any state, city or other municipal unit, or any charitable, educational, philanthropic, civic, religious, or like campaign, drive, movement or event.
Sign types.
A sign, or any portion thereof, having movement effected by mechanical or natural means, including by way of illustration and not limited to rotating signs, wind signs and signs where movement is simulated by illumination devices. This term shall include the use of blinking, flashing and general intermittent light, as opposed to light of a constant intensity and value.
A sign which is supported by one or more uprights or braces in or upon the ground.
A sign affixed to or hung from a marquee. "Marquee" means a canopy or similar structure projecting from a building.
A sign which is affixed to any building wall or structure and extends beyond the building wall or parts thereof, structure, building line or property line more than 15 inches horizontally, and no portion of which projects above the roofline or parapet of a building.
A sign of which any portion thereof is either situated above the upper edge of any building wall or parapet (except as otherwise provided for in the definition of "wall sign" below) or erected or painted on or above the roof covering any portion of the building, including signs supported on the roof or on an independent structural frame or located on the side or roof of a penthouse, roof tank, roof shed, elevator housing or other roof structure.
A sign exhibiting time, temperature or messages displayed in light, LCD or video format.
A sign which is affixed and parallel to an exterior wall of a building, projecting not more than 15 inches therefrom and extending not more than three feet above the roofline or parapet of the building. Where a sign extends more than three feet above the roofline or parapet it shall be considered a roof sign.
Structural characteristics.
Combustible plastic materials which, when tested in accordance with the American Society for Testing if Materials Standard Method for Test for Flammability of Plastics over 0.050 inch in thickness (D635-44), adopted in 1944, but no faster than 2.5 inches per minute in sheets of sixty-thousandths-inch thickness.
The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure of similar character, as included within the definition of a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. The total area of each face of double-faced permanent and double-faced temporary signs shall be considered as one area.
The surface made available by the structure, either for the direct mounting of letters and decoration or for the mounting of facing material intended to carry the entire advertising message.
The surface of the sign upon, against or through which the message of the sign is exhibited.
The vertical distance from the uppermost point of a sign, including the sign structure or structural trim, to the average grade directly below the sign.
The letters, illustrations, symbols, figures, insignias and other devices employed to express and illustrate the message of the sign.
The moldings, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure.
The supports, uprights, bracing and framework of the sign.
§ 146-67 Permanent exempt signs.
The following types of signs may be erected and maintained, without permits or fees, as an accessory use to the principal use on the premises, provided that the standards set forth herein are met. No such sign shall be placed so as to cause a visual hazard or obstruction to vehicular or pedestrian traffic.
Historical markers, tablets and statues, memorial signs and plaques may be placed at the location of the event or subject of commemoration. Names of buildings and dates of erection in the form of a plaque or single letters and numbers, when cut into a masonry surface or when constructed of bronze, stainless steel or similar material, may be installed upon the subject building. Emblems of governmental agencies, religious or nonprofit organizations may be installed upon the building occupied by the organization or agency they represent or at a location approved by the Code Enforcement Officer. Such signs shall not exceed six square feet of area.
On-premise informational signs identifying public parking areas, fire zones, public accommodations, traffic directions and traffic control signs shall not exceed four square feet and shall not contain any commercial copy other than business identification.
Public safety signs containing information designed for the protection and safety of the general public such as warnings, danger, trespassing, work areas, utility warnings, railroad crossing, sentry dogs, security systems, etc.
Nonilluminated "warning," "private drive," "posted" or "no trespassing" signs, not exceeding two square feet per face.
Number and name plates identifying residents and/or name of structure, mounted on the building or mailbox and not exceeding two square feet in area. Such signs, if constructed as a lawn sign, shall not exceed four feet in height, shall not be illuminated nor contain an advertising message and shall be mounted 10 feet from property lines.
Required price signs on fuel pumps.
Signs situated within an open-air theater, arena, stadium or similar enclosure shall be designed so as not to be visible to the general public outside the enclosure.
Planned development or subdivision signs shall contain only the name of the development or subdivision and shall exclude products, services or other forms of advertising.
Restrictions. All such signs shall be contained within the boundary lines of the planned development or subdivision.
Signs situated within any district shall not exceed 20 square feet of gross accumulated area of one side when the sign is erected parallel to the street and shall not exceed 40 square feet of gross accumulated area of both sides when the sign is erected perpendicular to the street.
No more than one sign shall be permitted to identify such a planned development or subdivision. The maintenance of such signs shall be the responsibility of the developer or other party and/or entity responsible for the general maintenance of the planned development or subdivision.
A proposed subdivision identification sign shall be considered a permitted principal use and shall situated on its own platted lot. Such lot shall require the approval of the Town Zoning Board of Appeals. "Planned development" shall mean, by way of example only, condominiums.
[Amended 1-15-2018 by L.L. No. 1-2018]
§ 146-67.1 Temporary exempt signs.
The following temporary signs are exempt from the permit process, provided that they meet the criteria herein. Failure to do so shall cause such sign to be removed by the Code Enforcement Officer.
Regulations. Except as otherwise provided by this article, all temporary signs shall be subject to the following regulations:
Temporary construction signs, including those of the public sector agencies, located on the premises of the project, listing the principal parties thereof, shall be limited to 32 square feet of area, shall not exceed six feet in height and shall be limited to one sign per job site. Such signs shall be removed within one week after the completion of construction.
Temporary private owner merchandise sale signs for garage sales, household sales and auctions shall be erected on the premises on which the sale or auction is being conducted, shall not exceed four square feet in area and shall be erected no earlier than one day prior to the sate and shall be removed on the last day of the sale.
Temporary nonilluminated "For Sale," "For Lease" or Rent" real estate signs concerning the premises upon which the sign is located shall not exceed nine square feet in area on each face and shall be set back a minimum of four feet from the property lines in any residential district and agricultural-residential district. Such signs, when located in other districts, shall not exceed 25 square feet in area on each face and shall be placed a minimum of 10 feet back from the property lines. All such signs shall be removed within five days after the sale, rental or lease of the subject property. No sign in any district shall be located above the first story of the building, and no ground sign shall exceed six feet in height.
One temporary nonilluminated on-premise roadside stand sign, advertising agricultural produce grown on the premises, shall be allowed during the season in which the produce is available. Such sign shall not exceed 16 square feet in area per face and shall not exceed six feet in height.
Temporary nonilluminated interior window signs shall not be used for permanent advertising.
Political campaign signs shall not exceed nine square feet in area on each face and shall otherwise be governed by the criteria set forth herein. Such signs shall not be placed prior to six weeks before election day and shall be removed within one week after election day.
§ 146-67.2 Temporary nonexempt signs.
The following temporary signs shall require a permit, the duration of which shall be 90 days.
Regulations.
All temporary nonexempt signs shall be subject to the following statutes.
Temporary commercial signs, including those which have a changeable copy message, are permitted in other than residential districts. Such signs shall be governed by the following criteria:
§ 146-67.3 General regulations applicable within all districts.
The following regulations are applicable to all signs:
Prohibited signs. All signs not expressly permitted in this code are prohibited. No roof signs, billboards, off-premise advertising signs or animated signs are permitted in any district. No time, temperature or media displaying devices shall be allowed in residential or a agricultural-residential districts.
Location. No sign shall be located nearer than 10 feet to any property or roadway boundary line, whichever dictates the greater setback. Setback regulations specified herein shall apply to any and all parts of the sign, including but not limited to structural supports and lighting equipment.
Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points such right-of-way lines at a distance of 25 feet from their intersection, no sign shall project into the elevation between a height of two and a height of 10 feet above the average grade of each street at the center line thereof, except that this prohibition shall not apply to any official signs or to wall or marquee signs affixed to structures situated within such area.
Placement. No sign shall be placed upon or attached to any public or private utility pole, lamppost, water or fire hydrant, sidewalk, bridge, tree or similar installation or improvement, whether situated upon public or private property.
Obstructions. No sign shall obstruct by physical or visual means any fire escape, window, door, or any opening providing ingress, egress, or that is designed for fire or safety equipment, or any passageway from one area of a structure or roof to another portion thereof, or any opening required for ventilation or which is required to remain unobstructed by any applicable law.
Hazards to public safety. Signs which, by their use or simulation of colors, design or placement, tend to confuse, detract from or in anyway obstruct the utilization of traffic regulatory devices are prohibited. All determinations regarding this regulation shall be made by the Town Code Enforcement Officer, who shall consider, but not be limited to the following:
The use of words such as "stop," "go," "look," "caution," "danger," "warning" and similar nomenclature.
The use of colors and lights in the spectrum of colors used by traffic regulatory devices.
The use of blinking, intermittent flashing or other animated forms and sources of illumination which through direct or indirect means create glare.
No sign shall be placed so as to cause a visual or safety hazard or obstruction to vehicular or pedestrian traffic.
Flashing display signs. No sign shall be illuminated by strobe lights or contain flashing, intermittent, rotating, moving or traveling messages or displays.
Motion devices. No multiple banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices are permitted.
Illumination.
Vehicular advertising. No trailer or vehicle with an advertising message shall be parked on a premises in a manner to serve as a sign.
Wind resistance. All signs shall be designed, constructed and maintained to withstand a minimum wind pressure of 35 pounds per square foot.
Electrical equipment. All electrical equipment being a part of any sign shall bear the Underwriters Label of Approval, and the installation thereof shall be approved, and a permit attesting to such approval shall be issued by a certified electrical inspector.
Site maintenance. Any person(s), partnership, firm or corporation occupying any vacant lot or premises by means of a ground sign shall be subject to the same duties and responsibilities as the owner thereof with respect to keeping such lot or premises clean, sanitary, inoffensive and free of all obnoxious substances and unsightly conditions in the vicinity of such sign for which they are responsible.
§ 146-67.4 District specific regulations.
Residential District.
Height. No wall sign, or portion thereof, shall extend above the first story of the building wall to which it is attached. No ground sign shall exceed a height of four feet.
Area. The area of a sign identifying a permitted resident office use shall not exceed six square feet.
Number. No more than one sign shall be permitted for any use.
Agricultural-Residential District.
Permitted signs. All uses expressly allowed as accessory or special uses may be identified by a wall or ground sign. All other types of signs are prohibited.
Height. No wall sign or any portion thereof shall extend above the first story of the building to which it is attached. No ground sign shall exceed a height of six feet.
Area. No sign shall exceed 16 square feet in area.
Number. No more than one sign shall be used to identify any individual use.
Professional Office District.
Permitted signs. All buildings may be identified by a wall and/or a ground sign.
Height. No wall sign, or any portion thereof, shall extend above the first story of the building to which it is attached. No ground sign shall exceed a height of six feet.
Area. No ground sign shall exceed 20 square feet in area. No wall sign shall exceed four square feet in area.
Number. No more than one sign shall be used to identify each principal use.
Neighborhood Business District.
Permitted uses. All uses may be identified by a wall and/or a ground sign.
Height. Ground signs shall not exceed 10 feet in height as measured from grade.
Area. No ground sign shall have an area in excess of 32 square feet. No wall sign shall exceed four square feet in area.
Number. Each use may have one wall sign at entrance. Each complex or building shall be allowed one ground sign identifying the tenants within.
Shopping Center Districts and Mercantile Districts.
[Amended 3-7-2002 by L.L. No. 1-2002]
Permitted signs. All uses may be identified by one wall, projecting or ground sign. In multiple-tenant buildings or complexes, each tenant may have a wall or projecting sign identifying the tenant's use and, in addition thereto, the multiple-tenant building or complex may have one ground sign identifying all of the tenants in the building or complex.
Height. No ground sign shall exceed 30 feet in height as measured from grade.
Area. The area of a wall sign shall not exceed 1 1/2 square feet per linear foot of tenant frontage use. The area of a projecting sign may not exceed 32 square feet per face. The area of a ground sign shall not exceed 100 square feet per face.
Industrial and Industrial Park Districts, use and building identification.
Permitted signs. All buildings may be identified by a wall or ground sign.
Height. Ground signs shall not exceed 30 feet in height in Industrial Districts and shall not exceed 20 feet in height in Industrial Parks.
Area.
The total area of a wall sign identifying occupants and uses in a single-occupant building shall not exceed 200 square feet.
The total area of a ground sign identifying the occupants within a multitenant building or industrial park complex shall not exceed 240 square feet. Each industry identified on such signs shall be limited to an area not to exceed eight square feet.
§ 146-68 Administration.
Permits. A sign permit shall be required prior to the performance of any sign work as described in Subsection C of this section, except as hereinafter defined. Such permits shall be issued by the Town Code Enforcement Officer in addition to any variance, licenses or consents required pursuant to any other applicable regulations.
Sign work. Sign work shall include the erection, placement, replacement, removal, repair, alteration, modification or establishment of a sign or its structural appurtenances.
Exceptions.
No sign permit shall be required for the following:
The foregoing exceptions shall not waive any regulations contained in this article or any other applicable law.
Nonconforming signs. All signs legally erected prior to the effective date of this article which do not conform to the regulations set forth herein shall be considered nonconforming signs.
Variances. Zoning Board of Appeals. The Zoning Board of Appeals is hereby authorized to grant variances from any of the regulations contained in this article in accordance with the authority vested in the Zoning Board of Appeals under § 146-73 of this Code.
Appeals. Appeals of any determination by the Town Code Enforcement Officer shall be made to the Zoning Board of Appeals by the filing of a notice of appeal with the Town Clerk within 10 days after the determination of the Code Enforcement Officer has been officially announced or otherwise communicated to the applicant. The Zoning Board of Appeals shall have all the authority of the Code Enforcement Officer in making a determination on the appeal and shall be governed by the same criteria.
Enforcement and penalties for violations.
Notices of violation. This article shall be enforced by the Town Code Enforcement Officer. All notices of violation and other administrative enforcement procedure and remedies shall be directed to the owner, tenant or beneficial user of the property upon which a sign is located.
Inspection. It shall be the duty of the Town Code Enforcement Officer to inspect every sign for which a permit is required.
Maintenance. All signs, together with all their supports, braces, guys and anchors, shall be kept in good repair and in proper state of preservation. The Town Code Enforcement Officer may order the removal of any signs that are not maintained in accordance with the provisions set forth in this article.
Abandoned signs. The Town Code Enforcement Officer shall order the removal of any sign which has become abandoned. In making such a determination, the Town Code Enforcement Officer shall consider, but shall not be limited to, the following elements:
Period of nonuse of activity, product, service or other item relative to the message content of the sign, provided that where a business activity has been discontinued for a period of 365 days, the sign shall be presumed to have become abandoned unless the owner, beneficial user or other party in interest files a written certification with the Town Code Enforcement Officer, indicating that such a sign (including its appurtenances) is to be utilized within 30 days following such three-hundred-sixty-five-day period.
The sign is situated upon or incidental to a site which has been scheduled for demolition, and it appears that the activity, product, service or other item relative to the message content is no longer viable, irrespective of the lapse of time.
The sign is otherwise nonconforming or illegal, and the owner or beneficial user cannot with reasonable diligence be located.
Removal of signs. Any abandoned or illegal sign existing on or after the effective date of this article shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. Within 30 days after the removal of any wall sign, along with all of such sign's appurtenances, and including signs painted on walls, the surface area of the wall or facade to which the sign was attached shall be restored to a condition substantially equivalent to the remaining portion of the wall or facade. Within 30 days after the removal of any ground sign, along with all of such sign's appurtenances, including foundations, etc., the site shall be restored to a condition substantially equivalent to the surrounding area. Upon determining that an illegal or abandoned sign exists, the Town Code Enforcement Officer shall notify the owner or beneficial user of such sign, in writing, to remove said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Town Code Enforcement Officer shall remove or cause the removal of such sign and shall assess all costs and expenses incurred in said removal against the property on which sign is located.