Gloversville, NY Zoning Ordinance

Gloversville City Zoning Code

ARTICLE X

Signs

§ 300-40 Definitions and word usage.

The following signs and situations will be subject to the provisions of this article. As used in this article, the following terms shall have the meanings indicated:

ADVERTISING SIGN

A sign which directs attention to a business, commodity, service, entertainment or profession conducted upon the premises. A "for sale" or "to let" sign relating to the property on which it is displayed shall be deemed a "business sign."

APPENDAGES

Any physical or structural additions or enlargements to an existing sign.

AWNING SIGN

Any sign painted or sewn directly on a roof-like covering of fabric, metal, vinyl, etc., that is mounted on the exterior of a building and located over a window or door.

BANNER SIGN

Any sign constructed of fabric or other flexible material. Pennants and flags (excluding the American flag) are considered to be banner signs.

BARN OR YARD SALE SIGN

Any sign advertising a barn or yard sale.

BUSINESS DEVELOPMENT SIGN

Any sign located at the entrance to a commercial development that identifies the development name and/or individual businesses located in that development.

BUSINESS SIGN

Any sign advertising or identifying a business or directs attention to a business, commodity, service, entertainment or profession conducted upon the premises. A "for sale" or "to let" sign relating to the property on which it is displayed shall be deemed a "business sign."

CONSTRUCTION/HOME IMPROVEMENT SIGN

Any sign that advertises or informs the public of businesses that are working on the premises.

DIRECTIONAL SIGN

A sign limited to providing information on the location of any activity, business or event.

FREESTANDING SIGN

Any sign structurally separate from a building that is attached to or part of a self-supporting structure.

HISTORIC PLAQUES AND BUILDING MARKERS

A sign whose purpose is to indicate some significant fact about a site or building, or to identify a building for historic purposes rather than commercial purposes.

ILLUMINATED SIGN

Any sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, including reflective and phosphorescent light.

INCIDENTAL SIGN

An informational sign such as "no parking," "entrance," "exit" or "additional parking in the rear" that has a purpose other than identifying the occupancy or use of the site. No sign with a commercial message shall be considered incidental.

MULTIFLOOR/MULTITENANT INDUSTRIAL STYLE BUILDING

Any commercial building with more than one floor and/or more than one tenant.

NEIGHBORHOOD IDENTIFICATION SIGN

Any sign located at the entrance to a residential development that identifies the development name and/or individual residents.

OFF-PREMISES SIGN

Any sign which announces, advertises or gives directions to a business, commodity, service, activity or person occupying the premises, available on the lot or in the building where the sign is located.

POLITICAL SIGN

Any sign that advertises a candidate for election to a public office or that relates to a referendum or to a religious, philosophical or political position.

PORTABLE SIGN

Any freestanding sign not permanently affixed, anchored or secured to the ground, or any sign designed to be transported.

PRODUCT SIGN

Any sign that directly or indirectly names, advertises or calls attention to a business, product, service, sale, logo, trademark or other commercial activity which is not the actual name of the business. Logos of national chains are considered to be produce signs.

PROFESSIONAL/HOME OCCUPATION SIGN

Any sign that announces a home-based business located on that site.

PROJECTING SIGN

Any sign supported by a building wall that is to be attached perpendicularly or at an angle to the wall on which it is mounted.

PUBLIC SERVICE SIGN

Any sign placed by a governmental entity.

REAL ESTATE SIGN

Any temporary sign that is placed upon property for the purpose of advertising the sale or lease of that property.

REPRESENTATION SIGN

A three-dimensional sign built so as to physically represent the object advertised.

RESIDENTIAL MARKER SIGN

Any sign that identifies the name of the residential premises on which the sign is located and/or the name and address of the residents.

RESIDENTIAL-STYLE COMMERCIAL BUILDING

Any building that is being used for commercial purposes that was built as a residential building or built to look like a residential building.

ROOF SIGN

Any sign which extend wholly or in part above exterior walls or which is located in front of or on any roof surface.

SEASONAL SIGN

Any sign that promotes, announces or advertises a seasonal business.

SIGN

Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency or of any civic, charitable, religious, patriotic, fraternal or similar organization.

SIGN

Any permanent or temporary material, structure, light, letter, word, representation, insignia, model, banner, pennant, declaration, demonstration, illustration, flag (excluding the American flag) or device or part thereof displaying an advertisement, announcement, notice or names used to convey information, advertise, promote the interests of any person or business or cause, or attract the attention of the public when placed in view of the general populace.

SIGN DIRECTORY

A listing of two or more business enterprises, consisting of a matrix and sign components.

SIGN STRUCTURE

The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angles formed between any two of the sides or the projections thereof exceed 30°, each side shall be considered a separate sign structure.

SIGN SURFACE AREA

The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting the sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Both faces of the double-faced sign shall be included as surface or area of such a sign.

SPECIAL EVENT SIGN

Any temporary sign that advertises for a cultural or nonprofit event.

STREET FURNITURE SIGN

Any sign painted on, incorporated in or affixed to street furniture. Benches, waste receptacles and umbrellas are examples of street furniture.

STRIP MALL STYLE BUILDING

A multiunit, single-floor commercial building with a separate entrance for each tenant.

SUPPORTS

The material with which the sign is attached to a building or placed in the ground that keeps the sign in place.

SYMBOL SIGN

A three-dimensional representation of a produce or service.

TEMPORARY SIGN

Any sign that is used only temporarily and is not permanently mounted. Posters, construction signs, seasonal business signs, real estate signs, barn or yard sale signs, special event signs, political signs and the Main Street banners are all considered to be temporary signs. Hand-held signs are excluded.

VENDING MACHINE SIGN

Any sign displayed on or as part of a vending machine.

WALL SIGN

Any sign painted on, incorporated in or affixed to a building wall and parallel to it.

WINDOW SIGN

Any sign that is placed inside or upon a window and visible from the outside.

§ 300-41 Compliance required.

The size, type and location of any sign or advertising device shall be in accordance with the following regulations in §§ 300-42 through 300-44.4 below.

§ 300-42 Signs in R-1 and R-1A Districts.

The following sign regulations shall apply in the R-1 and R-1A Districts:

Nameplate and identification signs indicating the name and address of the occupant or permitted home occupation in any residence shall be permitted, provided that such sign shall not exceed two square feet in area and shall not emit any flashing or intermittent illumination.

Business pertaining only to a legal nonconforming use of the premises on which they are located shall be permitted, provided that such signs shall not exceed 20 square feet in area and shall not emit any flashing or intermittent illumination.

Temporary signs advertising the sale, rental, construction or improvement of the premises on which they are located shall be permitted, provided that such signs shall not exceed six square feet and shall not be illuminated, and shall be promptly removed by the property owner when the circumstances leading to their erection no longer apply.

Signs advertising functions, uses, products or services not pertaining to the premises on which they are located, and mobile advertising or distracting devices, shall not be permitted in district.

§ 300-43 Signs in R-C and C Districts.

The following sign regulations shall apply in the R-C and C Districts:

Signs permitted in the R-1 and R-1A Residence Districts shall be permitted.

Business signs pertaining only to a permitted use, produce or service on the premises on which they are located shall be permitted, provided that the aggregate area of all signs on the premises shall not be greater than three square feet for each foot of frontage actually occupied by such use, but not exceeding 200 square feet of aggregate sign area. Signs may be permitted in excess of 200 square feet of aggregate sign area if the Planning Board feels that the circumstances are warranted.

Temporary signs advertising the sale or rental or construction or improvement of the premises on which they are located shall be permitted, provided that such signs shall not exceed 10 square feet in area and shall promptly be removed by the property owner when the circumstances leading to their erection no longer apply.

Signs advertising functions, uses, products or services not pertaining to the premises on which they are located shall not be permitted in any C Commercial District.

Directional signs up to two square feet in size, per face, are permitted in a C Commercial District, provided that the total area of all such signs shall not exceed eight square feet per establishment.

§ 300-44 Signs in M-1 Districts.

The following sign regulations shall apply in the M1 District:

Signs permitted in R-C and C Commercial Districts shall be permitted.

Signs pertaining to functions, uses, products or services, whether or not pertaining to the premises on which they are located, shall be permitted, provided that such signs shall not exceed 300 square feet in area and shall not direct any source of illumination toward any public street or adjacent residential property.

Temporary signs advertising the sale or rental or construction or improvement of the premises on which they are located shall be permitted, provided that such signs shall not exceed 100 square feet in area and shall be promptly removed by the property owner when the circumstances leading to their erection non longer apply.

§ 300-44.1 General requirements.

Signs shall be constructed of durable materials and shall be maintained in good condition. Signs which are permitted to deteriorate shall be removed upon direction of the City Building Inspector following notification to the owner.

No sign attached to a building shall project more than four feet beyond building lines over sidewalk areas.

No sign shall be located higher than the building to which it is attached.

No sign shall be erected which, in the opinion of the City Building Inspector may cause hazardous or unsafe conditions. Such signs shall be removed upon direction of the City Building Inspector following notification to the owner.

No sign shall have a source of illumination directed toward a public street or adjacent property.

No billboard or outdoor advertising sign shall be permitted which faces the front or side lot line of any residential district within 100 feet of such lot line, or which visibly faces any public parkway, public square or entrance to any public park, church or similar institution within 300 feet thereof.

All signs to be located in one of the city's historic districts shall also be subject to the rules and regulations of the Historic District Signs Chapter of the City of Gloversville Code.

No sign or other structure over the sidewalk except movable awnings shall be erected or maintained at a height of less than seven feet six inches in the clear above the sidewalk and the outer extremity of such structure, except that a marquee or a sign over a marquee shall not extend beyond a point nearer than 12 inches to a line perpendicular to the outside curb line.

A flashing or intermittent, rotating or moving light located within six feet of a window or door and directly visible from the public right-of-way shall be deemed a sign and regulated as such.

Representational signs shall not project in any direction more than four feet beyond the principal structure to which they are attached and shall not exceed 15 square feet. Only one such sign per establishment shall be permitted, with the area of such sign structure included within the total sign area permitted.

No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights except to show time and temperature, or barber poles.

No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement. No sign shall impair visibility for a motorist at a street corner or intersection.

Only temporary signs shall consist of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.

Portable signs. A new business or a business in a new location awaiting installation of a permanent sign may utilize a portable sign for a period of not more than 60 days or until installation of a permanent sign, whichever occurs first. Such portable sign must meet all the construction standards of the municipality. A separate permit for such a sign shall be required.

No streamers, banners, flags, spinners, balloons or strings of lights are permitted on permanent signs for purposes of advertising.

(1)

One "open" flag will be permitted for businesses.

(2)

Decorative flags will be permitted on residences.

Multioccupancy buildings may have two signs on each street it fronts:

(1)

A sign denoting or identifying the building by address or name.

(2)

A wall sign or sign directory listing the occupants of the building. All occupant signs must be the same size. The entire sign is not to exceed 20 square feet.

(3)

Total signage on a building is not to exceed allowable square footage for the district in which the building is located.

No advertising message shall be extended over more than one sign placed along a street or highway.

No sign shall be attached to fences, utility poles or trees.

Signs in right-of-way line.

(1)

No sign other than an official traffic sign or a City-approved historic or directional sign shall be erected within the right-of-way line of any public street. No such historic sign shall exceed a total of six square feet. No directional sign shall exceed a total of one square feet.

(2)

Any illegally placed sign within the right-of-way line of any public street may be confiscated by the Building Inspector and/or his agent. Any sign so seized shall be held by the Building Inspector and/or his agent for a minimum of 15 days before it is disposed of in any manner.

§ 300-44.2 Temporary signs.

All temporary signs must be installed with the permission of property owners and must be removed within specified periods of time. They are not to be attached to utility poles, fences, trees or other vegetation or upon a public way.

Temporary signs can only be displayed for less than 30 days in a calendar year. They must meet the same standards of compatibility, readability, nondistractibility and safety as permanent signs. Temporary signs to be placed on City property require the approval of the Common Council. No temporary sign shall exceed 20 square feet.

A temporary sign is permitted for a seasonal or short-time business. The seasonal sign shall be no larger than the allowable permanent sign for that site. Seasonal business signs displayed for more than 30 days require a permit. Seasonal business signs may not be displayed for more than 90 days in a calendar year. Businesses with permanent signs may not have additional seasonal business signs.

§ 300-44.3 Removal of signs.

Any sign existing on or after the effective date of this chapter which no longer advertises an existing business conducted or product sold on the premises upon which such sign is located shall be removed.

If the Building Inspector shall find that any sign regulated by this chapter is not used, is abandoned, unsafe or insecure or is a menace to the public, the Building Inspector shall give written notice to the named owner of the land upon which it is located, who shall remove or repair the sign within 30 days from the date of the notice. If the sign is not removed or repaired within said time period, the Building Inspector may, at the direction of the Common Council, remove or repair the sign and assess the owner for all costs incurred for such service.

§ 300-44.4 Nonconforming signs.

In the event that a sign lawfully erected prior to the effective date of this chapter does not conform to the provisions and standards of this chapter, then such sign may continue in use until the sign no longer advertises an existing business conducted or product sold on the premises upon which such sign is located.

A nonconforming sign shall not be enlarged or replaced by another nonconforming sign.

Any maintenance, repair or alteration of a nonconforming sign shall not cost more than 50% of the current depreciated value of the sign as of the date of alteration or repair.