Inlet Town City Zoning Code
ARTICLE VI
Signs
§ 160-34 Purpose.
The Town Board of the Town of Inlet finds that signs are a necessary means of communication that can benefit and detract from the community and neighborhood character. The purpose of this sign article is to promote and protect the public health, welfare and safety, and to ensure optimum overall preservation and enjoyment of the scenic, aesthetic and open space resources of the Town of Inlet. These regulations are intended to safeguard property values, create a more attractive climate for tourism and other business, protect open country scenery along roadways, and generally provide a more aesthetically pleasing community. These regulations are further intended to reduce obstructions and distractions that may contribute to traffic accidents, and to minimize hazards that may be caused by signs hanging or projecting over public rights-of-way. At no time should these provisions be interpreted to regulate any aspect of the content of any sign.
§ 160-35 Applicability.
After the effective date of this article and except as otherwise herein provided, it shall be unlawful and a violation of this article for any person to erect, construct, alter, relocate, reconstruct, or display or cause to be erected, constructed, altered, relocated, or displayed within the Town of Inlet any sign except in conformity with this article.
§ 160-36 Regulations for all zoning districts.
The following regulations apply to all signs, regardless of zoning district.
A.
All signs shall be constructed of durable materials and maintained in good condition. The following design elements shall be encouraged:
(1)
Use of natural construction materials such as stone, brick, and wood;
(2)
Landscaping; and
(3)
Simplicity of design and color scheme.
B.
Signs, other than official traffic signs, shall not project beyond the property lines of the lot on which the sign is located, nor obstruct the view of an authorized traffic sign or signal.
C.
No sign shall be placed on an inoperative, unregistered or unlicensed motor vehicle, except for a temporary sign advertising the sale of that motor vehicle.
D.
No sign or part thereof shall contain or consist of any banner, pendant, ribbon, streamer, spinner, or other similar moving, fluttering, or revolving device. No sign or part thereof may rotate or move back and forth.
E.
No sign shall be illuminated by or contain flashing, intermittent, rotating, or moving lights. Any permitted illuminated signs, indirectly illuminated signs, and lighting devices shall employ only lights emitting light of constant intensity.
F.
No sign or exterior lighting shall physically or visually impair vehicular or pedestrian traffic by design, illumination, color, or placement. All signs shall have sufficient clearance so as to provide clear and unobstructed visibility for vehicles entering and leaving the road or highway and, if illuminated, the light shall not be directed toward any public highway or adjacent residential use.
G.
Not more than one pole sign shall be erected or maintained upon the premises of any gasoline or automotive service station, and no pole sign shall have a sign area greater than 16 square feet.
H.
No sign shall exceed 20 feet in overall height, measured from the highest level of natural ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof.
§ 160-37 Prohibited signs.
The following types of signs are prohibited:
A.
Off-premises signs and billboards.
B.
Roof signs.
C.
Posters.
D.
Defunct business signs.
[Amended 10-11-2016 by Ord. No. 1-2016]
§ 160-38 Signs authorized without municipal approval.
[Amended 10-11-2016 by Ord. No. 1-2016]
A.
One 911 nonilluminated sign is authorized on each property in any zoning district, without any municipal approval, provided that it complies with the requirements of this section and any other requirements imposed by these regulations.
B.
In Residential (R) Districts, the following signs are authorized, without any municipal approval, provided that they comply with this section and any other requirements imposed by these regulations:
(1)
Locational and street address signs. One nonilluminated sign, not exceeding six feet of sign area, on said property identifying the property name or residents and the official street address.
(2)
One nonilluminated business sign directly related to any permitted home occupation in the above-identified residential districts. The business sign shall not exceed 16 square feet of sign area. The definition of "home occupation" contained in Article III of this chapter shall apply.
(3)
Two additional signs not exceeding 16 inches in length and 16 inches in height, provided that neither of these two signs contains commercial copy.
(4)
Temporary and portable signs allowed include: sale signs, real estate signs, construction signs, political signs, and special event signs.
(a)
Sale signs can be displayed one week prior to sale and must be taken down one day after sale ends.
(b)
Real estate signs must be on the property that is for sale. One additional directional sign off-property may be allowed with the notification of placement to the Codes and Zoning Enforcement Officer. All signs must be removed within ten (10) days of sale closing.
(c)
Construction signs must be removed upon substantial completion of project.
(d)
Political signs must conform to New York State regulations.
(e)
Special event signs must be removed within seven days after the event.
C.
In Commercial (C) and Town Center (TC) Districts, the following signs are authorized, without any municipal approval, provided that they comply with this section and any other requirements imposed by these regulations:
(1)
Signs permitted in Residential (R) Districts.
(2)
One primary and one secondary business sign is permitted.
(3)
The sign area of any business sign in a C or TC District shall not exceed two square feet of sign area per linear foot of the building frontage for nonilluminated signs or one square foot of sign area per linear foot of building frontage for illuminated signs.
(4)
In any C District, a primary business sign shall not exceed 30 square feet of sign area, and a secondary business sign shall not exceed 10 square feet of sign area.
(5)
In any TC District, a primary business sign shall not exceed 20 square feet of sign area, while a secondary business sign shall not exceed 10 square feet of sign area.
(6)
In the case of a corner Commercial (C) or Town Center (TC) lot, a primary business sign shall front on the street on which the building fronts.
(7)
Temporary and/or portable signs allowed include those allowed in § 160-38B plus no more than three of any combination of banners, flags, sandwich boards or any signboard that conveys a message. Overall square footage shall not exceed:
(a)
Sandwich board or signboard: six square feet per sign.
(b)
Flag or banner: 24 square feet, whether mounted or freestanding. Freestanding banners and flags shall not exceed 12 feet in height.
(c)
Real estate sign: primary sign shall not exceed six square feet; directional sign shall not exceed two square feet.
(8)
For locations with multiple businesses no more than two of any combination of banners, flags, sandwich boards or any signboard that conveys a message.
(9)
Walk-up service windows where the menus must be posted outside may be granted an exemption from the temporary sign regulations by the Zoning Board of Appeals.
§ 160-39 Standards for issuing sign permits.
A.
General standards. Unless explicitly stated otherwise, all signs that require permits are subject to the following standards:
(1)
Signs should be a subordinate part to the streetscape;
(2)
Signs in a particular area or district should create a unifying element and exhibit visual continuity;
(3)
Whenever feasible, multiple signs should be combined into one to avoid clutter;
(4)
Signs should be as close to the ground as possible, consistent with legibility considerations;
(5)
A sign's design should be consistent with the architectural character of the building on which it is placed and not cover any architectural features on the building; and
(6)
Garish colors should be avoided.
B.
On Commercial (C) and Town Center (TC) lots with dual access points, one additional secondary business sign beyond those provided in § 160-38C(2) may be permitted. Alternately, the owner or operator of a Commercial (C) and Town Center (TC) business may present a comprehensive sign plan for review by the Planning Board. Number, size, and design of all signs will then be subject to review and approval in accordance with the general standards in Subsection A.
C.
Notwithstanding the limitation in Subsection B, where more than one primary activity is proposed or conducted on a single Commercial (C) or Town Center (TC) lot, such as in the case of a shopping center or multiple commercial facility, the following standards shall apply: A single freestanding sign not to exceed 40 square feet of sign area and 20 feet in height may be erected to identify the center or facility as a whole, and the overall sign plan for such a center or facility shall be subject to the review and approval of the Planning Board. Such sign shall not contain advertising matter but may incorporate the names of individual businesses in the center. In addition, where more than one primary activity is proposed or conducted on a single Commercial (C) and Town Center (TC) lot, one primary and secondary business sign may be erected for each separate principal activity, such as a shop or store.
§ 160-40 Permit procedures.
A.
A sign permit shall be required for any sign not authorized in § 160-38. Sign permit applications shall be accompanied by either a sketch or full description of all proposed signs showing dimensions, materials, color and text, the location of the building, structure or land upon which the sign now exists or is to be erected, the location on the premises, specifically its position in relation to adjacent buildings, structures, property lines, other signs, lighting fixtures, walls and fences, the method of illumination, if any, and the position of lighting or other such extraneous devices, and written consent or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.
B.
All applications for a sign permit will be submitted to the CZEO. Upon receipt of an application, the CZEO will determine whether the sign requested is explicitly prohibited either by § 160-36 or § 160-37 of the Zoning Law. In such event, the CZEO will inform the applicant, in writing, that the requested permit is denied, the reason for the denial and of the right to apply for a variance to the ZBA. Otherwise, the CZEO promptly will transmit the permit application to the Planning Board together with any recommendations.
C.
All applications for a sign permit must be approved by the Planning Board relative to the appropriateness and compatibility of their design, shape, materials, colors, illumination, legibility, location and size. The Board may approve, approve with conditions, or disapprove signs. Approval is based on consistency with the design criteria listed in this article. With respect to conditional approval, the Board may require modifications in sign features permitted by this article that are more restrictive in order to ensure compatibility. All decisions of the Planning Board will be filed with the Town Clerk within five days of issuance, and a copy will be sent to the applicant.
D.
After a sign permit has been approved by the Planning Board, the CZEO shall issue the permit consistent with the approval. However, in issuing the permit the CZEO shall ensure the structural features of the sign are adequate.
§ 160-41 Sign variances.
Whenever, pursuant to § 160-40, the CZEO determines that the granting of a sign permit application is prohibited by § 160-36 or § 160-37 of the Zoning Law, the applicant may request a variance from the ZBA. All requests for variances must be filed with the ZBA within 30 days of the date of the written determination of the CZEO. Requests for variances shall be reviewed by the ZBA in accordance with the criteria set forth in § 160-84 (Requirements for area variances).
§ 160-42 Nonconforming signs and amortization.
Any sign which was legally exhibited on the effective date of this revised Article VI to the Zoning Law became effective and which does not conform to the provisions herein shall be deemed a nonconforming sign. If 60% or more of a nonconforming sign is damaged, deteriorated or destroyed, the sign must be removed or replaced with a conforming sign. Any nonconforming sign shall be terminated upon the transfer of ownership of the land upon which it sits.
§ 160-43 Enforcement.
A.
The Codes and Zoning Enforcement Officer, or other authorized Town official, is hereby given the power and authority to enforce the provisions of these regulations pursuant to Article XII of the Zoning Law.
B.
Whenever it shall appear to the Codes and Zoning Enforcement Officer, or other authorized Town official, that any sign is unsafe or insecure, or is in such condition as to be a menace to the safety of the public, the Codes and Zoning Enforcement Officer, or other authorized Town official, is authorized to pursue the procedures and remedies available pursuant to Section 77-9 of the Town Code, Unsafe building and structures.