Highland Town City Zoning Code
ARTICLE V
Sign Regulations
§ 190-57 Sign regulations in all districts.
A.
Permitted signs and required postal numbers. The following signs are permitted in all districts without a permit.
(1)
Professional resident-office, home occupation, and personal signs, one per premises, not to exceed six square feet in area.
(2)
"For rent" or "for sale" signs not exceeding six square feet, and not exceeding three per premises.
(3)
Directional or informational signs not exceeding three square feet or two per premises.
(4)
Signs necessary for public safety or welfare.
(5)
Signs identifying a construction project and the specialists concerned, not exceeding eight square feet for a residential construction and 32 square feet for commercial construction, for the period of construction and not exceeding 90 days after the completion of construction and the issuance of the C/O.
(6)
Trespassing or posted signs when such signs comply with the existing laws and regulations for posting property.
B.
Prohibited signs. The following permanent signs are prohibited in all districts:
(1)
Billboards and roof signs.
(2)
Any sign placed in such a position that will cause danger to the public safety by obstructing access to, but not limited to, a door, window, or fire escape, or by shining a light on the street.
(3)
Mechanical signs, signs with oscillating or flashing lights, signs using direct lighting, signs that cause ambient light, or backlit signs.
(4)
Signs that compete for attention with, or may be mistaken for, a traffic sign or signal.
(5)
Signs painted, in whole or in part, in fluorescent or "day-glo" colors.
(6)
Signs that are not permanently or securely fixed to the ground or to a permanently, immovable structure.
(7)
Signs attached to utility poles or trees, except posted signs.
(8)
Ribbons, streamers, spinners, or similar moving, fluttering or revolving devices.
C.
Signs permitted in a Hamlet-Commercial District. The following signs are permitted on a permanent basis subject to obtaining a permit from the Code Enforcement Officer:
(1)
Business signs, total area not to exceed 32 square feet.
(2)
Businesses which are authorized agents for any manufacturer or distributor shall be permitted one additional 16 square feet of signage to advertise such affiliation. In no event shall total signage exceed 48 square feet per property.
(3)
Businesses which have secondary lines of business shall be permitted one additional 16 square feet of signage to advertise such nonprimary businesses. In no event shall total signage exceed 48 square feet per property.
(4)
One sign per road frontage shall be permitted. Double-faced signs are permitted, providing this section is adhered to. Area shall be computed on one face only of any double-faced sign.
D.
Sign application procedures. Each application shall consist of:
(1)
The name, address and telephone number of the applicant, owner of the real property on which the sign will be located, owner of the sign, and contractor(s) who will build, install and maintain the sign.
(2)
A drawing in appropriate scale to show the design, dimensions, and color of the graphics, wording, and sign structure, details of any illumination source and placement of the sign relative to the building or structure on which it is located and relative to nearby buildings, structures, street lines, property lines and sight lines.
(3)
If the property is not owner-occupied, written consent of the owner of the real property on which the sign will be located is required.
(4)
Fee. Permit fees are to be set at the discretion of and by the Town Board.
(5)
Upon completion or placement of the sign, the Code Enforcement Officer shall take a photograph of the sign and place it on file.
(6)
A completed application shall be approved or denied by the Code Enforcement Officer, in writing, within 10 days of application. Any application denied may be reviewed by and/or appealed to the Zoning Board of Appeals, after the Code Enforcement Officer, within 10 days, stipulates in writing his reason(s) and the sections of this chapter his denial is based on.
E.
Construction and installation standards for all signs.
(1)
All signs shall be installed to withstand wind, rain, snow and storm; maintained in good condition and attractive appearance; and removed when no longer in active use, with the property properly landscaped and graded.
(2)
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner that might create a hazard.
(3)
All signs, sign finishes, supports and electrical work shall be maintained, cleaned, neatly painted and free from all hazards, including, but not limited to, loose supports, braces, guys and anchors.
(4)
No part of any sign shall extend above the ridgeline of any building.
(5)
Any part of a sign extending over pedestrian traffic areas shall have a minimum height clearance of eight feet from the ground surface.
(6)
No freestanding sign shall extend over or into the public right-of-way, nor shall it overhang property lines or restrict line of sight or clear vision between a sidewalk and a street.
(7)
All signs shall be located so as not to interfere with the line of sight along any traveled way and at least 20 feet from any sideline, and may not exceed 20 feet in height above grade.
(8)
Signs may be illuminated by a steady light, provided the lighting does not illuminate adjacent properties, create a traffic hazard, or create unnecessary ambient light.
(9)
Lighting fixtures and wiring shall conform to all requirements of the latest edition of the National Electrical Code and including other applicable codes and regulations, and shall have a recognized underwriter's approval if necessary.
(10)
All sign fabrication, erection and attachments shall conform to the New York State Uniform Fire Prevention and Building Code and all other applicable codes, rules and regulations in effect.
F.
Temporary signs in all districts.
(1)
Temporary signs, including signs for meetings, conventions and other assemblies; signs that exceed the size permitted in section that lists the architect, engineer, contractor, and/or owner-on-premises where construction, renovation or repairs are in progress; political posters and signs not-for-profit promotional signs; private sales; or similar signs shall be placed on bulletin boards whenever possible.
(2)
When no community bulletin board is available, the following freestanding temporary signs are allowed, subject to the following requirements:
(a)
Freestanding temporary signs shall not exceed six square feet in area, with no single dimension exceeding four feet.
(b)
Signs consisting of banners and pennants for special events and/or grand openings are not to exceed 30 days of display and twice annually.
(c)
Signs advertising special events, including, but not limited to, grand opening signs, not to exceed 32 square feet. The square footage of special event or grand opening signs is in addition to permitted permanent signs.
(d)
Sign content shall be limited to identification of the activity, facility, attraction, area, or site, the mileage from the sign to the site, and a route number or any other necessary wording permitted by the Code Enforcement Officer.
(e)
Directional signs larger in size than three square feet in area.
(f)
Temporary signs shall be removed within seven days after each event.
(g)
Freestanding temporary signs shall not be erected more than 30 days prior to the event.
G.
Nonconforming signs.
(1)
A nonconforming sign may be maintained but not changed or enlarged. When a nonconforming sign is in need of repair, as shall be determined by the Code Enforcement Officer, the sign shall be made to come in conformance with the requirements of this chapter. Painting a sign or changing its copy is allowed and no fee is required.
(2)
Abandonment or discontinuance of the product, service, or business that a sign advertises for a period of more than one year shall cause the Code Enforcement Officer to order, in writing, said sign's removal.
H.
Enforcement and removal of signs.
(1)
Enforcement.
(a)
In the event of a breach of any provisions of this chapter, the Code Enforcement Officer shall notify the owner of the premises, in writing, to bring the sign into conformance within a reasonable amount of time, not to exceed 15 days.
(b)
In the event of a recurrence in the nature of the same violations, no further written notice is required prior to enforcement of same.
(2)
Removal.
(a)
In case of a failure to comply with any written notice within the prescribed time, the Code Enforcement Officer may remove or cause the removal of the sign and shall request the Town Board to assess all costs and expenses incurred against the owner of the land on which the sign is located.
(b)
All costs and expenses incurred by the Town in causing the removal of any sign(s) shall be collected from the owner of the premises on which such sign is located. Payment shall be made within five business days of receipt of a written demand. Upon failure to make such payment, such costs and expenses shall be assessed against said owner and shall be paid and collected as part of the Town tax next due and payable. In addition, the Town may commence any other action or proceeding to collect such costs and expenses.
(c)
Temporary signs shall be removed within seven days of the event or, if political signs, within seven days of the primary or general election.
(d)
Freestanding-type signs advertising businesses that have terminated, or products or services no longer available in the Town, shall be removed within 60 days of such termination.