Gates City Zoning Code
ARTICLE V
Signs
§ 190-20 Conformance required.
No sign of any character shall be permitted in any zoning district of the Town of Gates except in conformity with the regulations of this article.
§ 190-21 Purpose.
The purpose of the sign regulations, controls and provisions set forth in this article is to promote an overall plan and program for the public safety, preservation of property values and the general welfare of the Town of Gates. It is intended to aid in traffic safety, preserve and protect property values, lessen congestion of land and air space, establish standards for commercial and other advertising through the use of signs compatible with the nature and scale of the community and maintain and encourage business activity and development. It is further intended here 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 to recognize that the general welfare includes a plan that will preserve the scenic and natural beauty of the community while recognizing the purpose and value of outdoor business signage.
§ 190-22 Provisions applicable to all districts.
[Amended 3-4-2002 by L.L. No. 1-2002; 3-4-2002 by L.L. No. 1-2002; 1-22-2013 by L.L. No. 1-2013; 5-6-2019 by L.L. No. 1-2019; 7-10-2023 by L.L. No. 4-2023; 6-2-2025 by L.L. No. 1-2025]
A.
All signs shall comply with applicable regulations of the Building Code regarding construction, erection and electrical needs. No sign shall be erected or placed on a site until a sign permit has been issued by the Building Inspector unless otherwise indicated herein.
B.
The following signs shall be permitted in any district in which the use identified is permitted without the issuance of a permit:
(1)
Except as elsewhere provided for herein, signs not exceeding one square foot in area and bearing property numbers, post box numbers, names of occupants of premises or other identification of premises.
(2)
Signs regulating the use of a property, such as "no hunting," "no fishing," etc., of no more than two square feet, in all zones.
(3)
Signs directing and guiding traffic for service and parking on private property, not to exceed three square feet in area and a height of not more than 60 inches measured from ground level to the top of the sign. Not more than two such signs shall be permitted at a driveway entrance.
(4)
A nonilluminated temporary sign, not exceeding 20 square feet in area, announcing special public or institutional events, the erection of a building, the architect, the builder or contractors may be erected for a period of 60 days, plus the construction period.
(5)
A nonilluminated sign, not exceeding 25 square feet in area and not exceeding five feet in height, for each church, neighborhood community center or educational institution. Setback of sign shall be in accordance with the future right-of-way in its zoning district.
(6)
Official signs, notices or direction devices erected or maintained by federal, state, county or local government or agency thereof.
C.
All illuminated and electronic message signs shall employ only a maximum light density of 3 000 lumens within its casing (plastic or glass covering). In no event shall an illuminated sign or lighting device, such as a ground spotlight, be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or create a public nuisance.
(1)
Illuminated signs. Illuminated signs are defined as standard signs with static messages which are illuminated by internal or external light. All illuminated signs shall employ only a light of constant intensity, and no sign shall be illuminated by or contain a flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device, such as a ground spotlight, be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or create a public nuisance.
(2)
Electronic message display signs. Electronic message display signs shall be defined as signs which use LED or other similar technologies to allow the message to be changeable in addition to being illuminated. Electronic message display signs, where permitted, shall employ static display only (or static display with fade or dissolve transitions or similar subtle transitions and frame effects that do not have the appearance of moving texts or images).
(3)
Electronic message display signs shall be 100 feet from a roadway intersection.
D.
No sign shall be animated, rotating, flashing or extended above the uppermost roof line of a building or project beyond property lines.
E.
No sign shall contain information regarding a business, product or service not conducted at or available from the premises at which the sign is located; provided, however, that nothing herein shall be construed as limiting an owner of a sign from displaying upon said sign any noncommercial message not related to any business or commercial enterprise, whether or not said noncommercial message bears any relationship to any business, product or service conducted or available at the premises.
F.
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.
G.
Where signs are permitted to be illuminated, they shall be illuminated only at such times as said uses are open for business or shall be turned off by 11:00 p.m., except where the signs face business or industrial zones and cannot be seen from adjacent residential areas.
H.
All permitted freestanding signs shall be set back a minimum of 15 feet from a lot line as shown on the Official Assessment Map or, alternatively, from the future right-of-way line of a road, if such future right-of-way line has been determined.
I.
"Size of sign" shall refer to the background area of any face of a sign that can be seen at any one time and shall include any spaces between parts thereof.
J.
All signs shall have no restrictions on colors. A color illustration of the sign shall be presented to the appropriate Town authority for review to determine its readability before approval. The sign and background should contrast well with one another and not cause a significant or detrimental glare to the traveling public or the adjacent properties.
K.
Window signage regulations.
(1)
Window and door signage limitations.
(a)
No sign, including but not limited to static or non-animated LED or neon lighting, transparent graphics, window coverings, or window films displaying advertisements, shall be erected, displayed, or maintained on or within any window or windowed door of a building, nor be visible from any public or private street or highway, if such signage occupies more than 30% of the total glass surface area.
(b)
Only the display of a business's name or logo, address, hours of operation, and signage required by law shall be permitted on windowed doors. Such signage must be limited in size and placement so as not to obstruct clear visibility into the premises, ensuring that first responders can visually assess interior conditions in the event of an emergency.
(2)
Exclusions from signage calculation. See-through graphics, window coverings, or window films that do not contain advertisements shall not be included in the 30% signage calculation, provided the following conditions are met:
(3)
Permit requirement. The installation of any see- through graphics, window film, or window coverings, regardless of advertising content, requires prior approval and the issuance of a permit in accordance with the Town's applicable signage regulations.
L.
Any obsolete sign which no longer identifies a bona fide use shall be removed within 90 days after notice by the Code Enforcement Officer. The Town may remove said signs and supporting structure with costs assessed to the Town tax bill on the property in the event that such sign is not voluntarily removed.
M.
No sign shall be installed, erected or attached in any form, shape or manner to a fire escape or any door or window giving access to any fire escape.
N.
The provisions of this section shall not apply to safety, directional, historical markers or other types of signs erected and maintained by a public agency.
O.
In addition to other provisions of this section, the following regulations shall apply to all projecting signs:
(1)
No projecting sign shall be closer than two feet to the face of the street curb or curbline or any other public right-of-way line under the jurisdiction of the Town, county, state or federal government.
(2)
No portion of any projecting sign shall be less than 10 feet above grade level.
(3)
There shall be no more than one projecting sign for any premises, unless the use has frontage or has public entrances to two or more public ways, in which case one projecting sign may be erected for and toward each public way.
P.
In addition to other provisions of this section, the following regulation shall apply to all wall signs:
(1)
No wall sign shall extend beyond the extremities of the wall to which it is attached.
Q.
Should any sign be or become unsafe, unsightly, damaged or deteriorated or be in danger of falling, the owner thereof or the person maintaining the same shall, upon receipt of written notice from the authorized official, proceed at once to put such sign in safe and secure condition or renovate or remove the sign; provided, however, that if such a situation is not corrected within 90 days from receipt of written notice, the Code Enforcement Officer shall correct the situation or have it corrected, with the costs assessed to the Town tax bill on the property.
R.
Political signs, i.e., announcing or supporting candidates or issues connected with any national, state or local election, referendum or ballot proposition, may be erected 45 days prior to the election day and must be removed no later than seven days after the election day. Such signs, whether ground signs or portable (including trailers), shall not be attached to fences, trees or utility poles, nor be placed so as to obstruct or impair the vision of motorists. Signs larger than 16 square feet require a permit.
S.
Any advertising sign, business sign, identification sign or other sign authorized in this article may contain a noncommercial message constituting a form of expression in lieu of other copy.
T.
No sign may be erected on any premises without the permission of the owner of the premises. With respect to the highway rights-of-way of the United States, State of New York, County of Monroe and the Town of Gates, such permission must be in writing. The Town of Gates may direct and/or cause the removal of any sign erected in violation of this subsection.
U.
Temporary signs.
(1)
Mobiles, pennants and flags. Such devices may be used as signs on a temporary basis for the purpose of advertising and may be allowed for a period of up to six months after receipt of a permit allowing same and payment of fee set by the Town Board. The Town Board may allow special event banners as determined by the Town Board resolution. State and national flags (specifically the American flag) are exempt from this Subsection U.
(2)
Sandwich board signs. "Sandwich boards" (meaning A-frame two-sided signs) shall be allowed on a daily basis during business hours from business setup to closing and must be removed upon closing of said business. Each side of a sandwich board sign shall be no greater than nine square feet. Such signs must be on the business property and set up as not to impede traffic, and only one will be allowed per business location.
§ 190-23 Signs in residential districts.
In addition to other provisions of this article, the following regulations shall apply to all residential districts:
A.
Nonilluminated signs not exceeding five square feet in sign area, which advertise the sale, rental or lease of the premises upon which said signs are located, shall be permitted. "Sold" signs shall be removed within 10 days after the premises advertised has been sold, rented or leased.
C.
Illuminated signs and electronic message display signs are prohibited, except for signs indicating churches, private schools and signs necessary for public safety. Setback shall be in accordance with the future right-of-way in its zoning district. Signs shall be no larger than 16 square feet. Brightness of signs shall be no more than 3,000 lumens within its casing (plastic or glass covering).
[Amended 1-22-2013 by L.L. No. 1-2013; 7-10-2023 by L.L. No. 4-2023]
D.
Wall signs no larger than 12 square feet, denoting the name of an apartment building, fraternity or sorority house, boarding- or rooming house, tourist home, nonprofit club, community or municipal center or any other similar enterprises, are allowed or may hereafter be allowed in these districts.
E.
A permanent nonilluminated sign not exceeding 32 square feet shall be permitted for each subdivision site if less than five acres. Two such signs are permitted on five-acre sites or larger sites in single ownership fronting on two or more streets. Such signs may be installed after approval by the Planning Board of the final subdivision plat or a valid building permit has been issued, and shall contain only the name of the subdivision.
F.
Also permitted is a temporary nonilluminated sign no larger than 15 square feet in area, advertising the sale of edible farm products produced on the premises and associated with a roadside stand or advertising auctions and special events of charitable or public service groups, excluding garage sales.
G.
One nonilluminated sign denoting the contractor, placed on the premises where construction, repair or renovation is in progress, which sign shall not exceed 32 square feet in face area, shall be permitted. This sign must be removed from the premises within seven days after such construction, repair or renovation is completed.
[Amended 7-10-2023 by L.L. No. 4-2023]
H.
Nonilluminated signs of a public or noncommercial nature displayed for the direction, safety or convenience of the public or containing any noncommercial or public interest message shall be permitted, provided that the area of any one side of any such sign shall not exceed two square feet. The total number of such signs shall not be more than two per property, and the top of the sign shall be no more than 42 inches above the ground.
[Amended 5-3-2021 by L.L. No. 11-2021]
§ 190-24 Signs in business districts.
In addition to other provisions of this article, the following regulations shall apply to all business districts:
A.
Property address numbers shall be not more than four square feet, with not more than a one-foot height, and should be prominently placed on the face of each structure in such a manner and made of such material that would easily facilitate the recognition of addresses from structure to structure from a moving vehicle.
B.
In Neighborhood Business (NB) and Business, Nonretail (BN-R) Districts, one wall sign shall be permitted, and in General Business (GB) District, one wall sign per tenant shall be permitted, placed flat against the building, not exceeding the sizes as listed on the table following this Subsection B and with a height not greater than six feet. One such sign shall be permitted for each street on which the business fronts. Such sign may be illuminated. In the event that the front of the business does not face a street, any building-mounted sign which is erected shall comply with the regulations contained in Subsection C hereunder. Electronic message display wall sign may be permitted in a General Business (GB) District upon the approval of a conditional use permit granted by the Town Board.
[Amended 1-22-2013 by L.L. No. 1-2013; 7-10-2023 by L.L. No. 4-2023]
Size of Building-Mounted Signs in Nonresidential Districts | ||
|---|---|---|
Front Setback of Building (feet) | Maximum Size of Sign for Each Ten Feet of Business Frontage (square feet) | Not to Exceed (square feet) |
100 or less | 10 | 50 |
101 to 200 | 15 | 125 |
201 to 300 | 20 | 200 |
301 to 400 | 25 | 275 |
More than 400 | 30 | 350 |
C.
On those sides of a building not facing the street but where customer entrances are provided, signs placed flat against the building shall be limited in size to a maximum area of 15 feet. Such signs shall not be illuminated when facing a residential area.
D.
One freestanding sign identifying a shopping center shall be permitted. Such freestanding sign may be or include a sign directory identifying individual businesses within the shopping center. It may be illuminated and shall be no larger than is provided in this article. The road to which the uses have principal access or have address on shall be the road used to determine the size in § 190-26.
E.
Nonilluminated signs not exceeding 20 square feet are permitted in all business districts, which signs advertise the sale, rental or lease of the premises upon which said signs are located. Such signs shall be removed within 10 days after the premises advertised has been sold, rented or leased.
F.
One projecting sign not exceeding 60 square feet in background area shall be permitted. Where this sign is provided along with a wall sign, their total area shall not exceed 150 square feet, provided that neither sign shall inhibit the view of the other. Only one such projecting sign is permitted regardless of the number of streets the business fronts on.
[Amended 7-10-2023 by L.L. No. 4-2023]
G.
One freestanding sign identifying a gasoline service station shall be permitted in cases where there are three or more distinct uses operating on the same premises. The dimensions of such service station freestanding signs shall be as follows:
[Added 1-22-2013 by L.L. No. 1-2013]
§ 190-25 Signs in industrial districts.
In addition to other provisions of this article, the following regulations shall apply to all industrial districts:
B.
Signs, in addition to those included in Subsection A above, which identify an area within the boundaries of the business premises, other than the principal building on such premises, or are directional signs shall be permitted by a special use permit from the Zoning Board of Appeals.
(1)
Such signs shall not exceed a cumulative total of 50 square feet in area, and no one sign shall be greater than nine square feet in area and have a height of more than five feet from ground level to the top of the sign.
C.
Industrial parks.
(1)
In the case of industrial areas which are planned and developed as a park containing three or more companies or where an individual use outside an industrial park contains between 150 and 200 contiguous acres and various buildings or facilities on site, one freestanding sign shall be permitted and may be illuminated and shall be no larger than is provided for in this article. Two such signs are permitted on larger sites fronting on two or more streets; said second sign shall be at least 2,500 feet from the other sign. Such freestanding sign may be or include a sign directory identifying individual businesses within the industrial park.
(2)
Directional, warning or information signs within an industrial complex as described in Subsection C(1) above which are not visible from a public highway are permitted but shall not exceed 25 square feet in area and shall not exceed six feet in height for each sign.
[Amended 3-4-2002 by L.L. No. 1-2002]
D.
Nonilluminated signs not exceeding 20 square feet shall be permitted in all industrial districts, which signs advertise the sale, rental or lease of the premises upon which said signs are located. Such signs shall be removed within 10 days after the premises advertised has been sold, rented or leased.
§ 190-26 Freestanding signs.
[Amended 1-22-2013 by L.L. No. 1-2013; 5-6-2019 by L.L. No. 1-2019; 5-3-2021 by L.L. No. 11-2021; 7-10-2023 by L.L. No. 4-2023; 6-2-2025 by L.L. No. 1-2025]
The site of each face of a freestanding sign and its height, as permitted in this article, shall be limited to the dimensions as follows:
A.
In General Business (GB) and Industrial Districts.
Fronting Road Number of Lanes | Speed (mph) | Commerce or Industry Site Surrounded by | Site Surrounded by Institutions, Residence or Rural Areas | ||
|---|---|---|---|---|---|
Area | Height (feet) | Area | Height (feet) | ||
2 | 30 to 40 | 32 | 16 | 20 | 12 |
45 to 50 | 50 | 20 | 35 | 14 | |
55 or greater | 100 | 24 | 70 | 16 | |
4 | 30 to 40 | 40 | 18 | 30 | 14 |
45 to 50 | 90 | 22 | 65 | 16 | |
55 or greater | 150 | 26 | 105 | 18 | |
6 | 30 to 40 | 40 | 20 | 30 | 16 |
45 to 50 | 100 | 24 | 70 | 18 | |
55 or greater | 190 | 28 | 135 | 20 | |
B.
Permit process for electronic message display signage.
(1)
Electronic message display signs may be permitted in the Neighborhood Business (NB), Business Non-Retail BN-R), General Business (GB), and Industrial Districts (Light Industrial–LI and General Industrial–GI), subject to the issuance of a conditional use permit approved by the Town Board and compliance with the following requirements:
(a)
Such displays shall contain static messages only of no more than 3,000 lumens only within its casing (plastic or glass covering) and shall not have movement or the appearance or optical illusion of movement of any part of the sign structure designed or pictorial segment of the sign, including the movement or appearance of movement of any illumination of flashing, scintillating or varying of light intensity.
(b)
Each message on the sign must be displayed for a minimum of 60 seconds.
(c)
Message change sequence: a minimum of two seconds of time with no message display shall be provided between each message displayed on the sign.
§ 190-27 Permit procedures.
[Amended 7-5-2000 by L.L. No. 2-2000; 3-4-2002 by L.L. No. 1-2002; 1-22-2013 by L.L. No. 1-2013]
A.
Application. Application for a sign permit shall be made to the Building Inspector and/or Fire Marshal upon prescribed forms and shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location of building, structure or land to which, or upon which, the sign is to be erected.
(3)
Scale drawings, including dimensions, showing lettering and/or pictorial content of the sign; construction details; position of lighting or other extraneous devices; a location plan showing the position of the sign on any building and its position in relation to nearby buildings, structures or existing signs, and to any private or public street or highway.
(4)
For multiple developments, a coordinated signage plan must be submitted to the Planning Board, in addition to the application procedure.
B.
Review.
(1)
Within 30 days after the application for a sign permit is submitted the Building Inspector and/or Fire Marshal shall review said application and either approve or deny said permit.
(2)
In the event that the proposed sign complies with all of the relevant provisions of this chapter, the Building Inspector and/or Fire Marshal shall approve the application.
(3)
In the event that the proposed sign does not comply with said provisions, the Building Inspector and/or Fire Marshal shall deny the application and direct the applicant to submit an application for a variance to the Gates Zoning Board.
(4)
For multiple developments, the Planning Board shall also review coordinated signage plans and approve the locations, size and number of signs permitted in such developments.
(5)
In the event that the Building Inspector and/or Fire Marshal or the Planning Board has not made a determination within 45 days after the completed application is submitted, the application shall be deemed denied and the applicant shall be entitled to appeal the said denial to the Zoning Board of Appeals.
§ 190-28 Appeals; fees; penalties for offenses; enforcement.
A.
Appeals. Any person aggrieved by any decision of the Code Enforcement Officer or the Planning Board relative to the provisions of this chapter may appeal such decision to the Zoning Board of Appeals.
[Amended 3-4-2002 by L.L. No. 1-2002]
B.
Fees. Sign permit fees shall be determined by the Town Board. All annual renewal fees shall be collected by the Code Enforcement Officer, the amount of such fees to be determined by the Town Board.
C.
Penalties for offenses. Any person who violates any provision of this chapter is guilty of an offense punishable by a fine not exceeding $250 and/or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate violation.
D.
Enforcement. The Code Enforcement Officer shall be empowered to enforce this chapter.
§ 190-29 When effective; effect on prior provisions.
This chapter will take effect pursuant to the applicable provisions of the Town Law of the State of New York. However, to the extent that the provisions of the former Town of Gates Sign Ordinance are the same as those contained in the revised Town Sign Law, said provisions of the former Sign Ordinance shall be, in effect, continued and be in full force and effect as of the adopting of said former Sign Ordinance.