Irondequoit City Zoning Code
ARTICLE XXI
Signs
§ 235-105 Purposes.
The purposes of these sign regulations are to encourage the effective use of signs as a means of communication in the Town; to maintain and enhance the aesthetic environment and the Town's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property: and to enable the fair and consistent enforcement of these sign restrictions. This article is adopted under the zoning authority of the Town in furtherance of the more general purposes set forth in Chapter 235, Zoning.
§ 235-106 Applicability; effect.
A sign may be erected, placed, established, painted, created or maintained in the Town only in conformance with the standards, procedures, exemptions, and other requirements of this article. The effect of this article, as more specifically set forth herein, is:
A.
To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones, subject to the standards and the permit procedures of this article;
B.
To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this article, but without a requirement for permits;
C.
To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way;
D.
To prohibit all signs not expressly permitted by this article; and
E.
To provide for the enforcement of the provisions of this article.
§ 235-107 Definitions and interpretation.
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the Zoning Law of the Town shall be given the meanings set forth in such law. Principles for computing sign area and sign height are contained in § 235-108. All other words and phrases shall be given their common, ordinary meanings, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this article.
Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags or the official flag of any institution or business shall not be considered banners.
Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted to a freestanding sign.
Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.
A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this article. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a sign and not a changeable copy sign for purposes of this article.
Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
The Director of Development Services of the Town or his or her designee.
Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership.
Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Any sign attached to, in any manner, or made a part of a marquee.
Any sign that does not conform to the requirements of this article.
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
Any association, company, corporation, firm, organization or partnership, singular or plural, of any kind.
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
The building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages and other clearly accessory uses shall not be considered principal buildings.
Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line.
Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information of any kind to the public.
A strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including but not limited to alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails or other thoroughfares.
The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Any sign that is used only temporarily and is not permanently mounted.
Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface.
Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage and use and that can provide such yards and other open spaces as required by the zoning regulations.
§ 235-108 Computations.
The following principles shall control the computation of sign area and sign height:
A.
Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.
B.
Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time and when such sign faces are part of the same sign structure and are not more than 24 inches apart, the sign area shall be computed by the measurement of one of the faces.
C.
Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.
D.
Computation of maximum total permitted sign area for a zone lot. The permitted sum of the area of all individual signs on a zone lot shall be computed by applying the formula contained in Table A,[1] regarding maximum total sign area, to the lot frontage, building frontage or wall area, as appropriate, for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building or wall area frontage on that street.
[1]
Editor's Note: The tables are located at the end of this chapter.
§ 235-109 Signs allowed on private property with and without permits.
A.
Signs shall be allowed on private property in the Town in accordance with, and only in accordance with, Table A.[1] If the letter "P" appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning districts represented by that column. If the letter "S" appears for a sign in a column, such sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases. If the letter "N" appears for a sign type in a column, such a sign is not allowed in the zoning districts represented by that column under any circumstances.
[1]
Editor's Note: The tables are located at the end of this chapter.
B.
Although permitted under the previous subsection, a sign designated by an "S" or "P" in Table A shall be allowed only if:
(1)
The size, location and number of signs on the lot conform with the requirements of Tables B and C which establish permitted sign dimensions by sign type, and with any additional limitations listed in Table A.
(2)
The characteristics of the sign conform with the limitations of Table D, Permitted Sign Characteristics, and with any additional limitations on characteristics listed in Table A.
§ 235-110 Permits required.
A.
If a sign requiring a permit under the provision of this article is to be placed, constructed, erected or modified on a zone lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection or modification of such a sign in accordance with the requirements of § 235-116.
B.
Furthermore, the property owner shall maintain in force, at all times, a sign permit for such sign in accordance with § 235-116.
D.
No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this article (including those protecting existing signs) in every respect and with the Master Signage Plan or Common Signage Plan in effect for the property.
§ 235-111 Design, construction and maintenance.
All signs shall be designed, constructed and maintained in accordance with the following standards:
A.
All signs shall comply with applicable provisions of New York State Uniform Building Code and the electrical code of the Town at all times.
B.
Except for banners, flags, temporary signs and window signs conforming in all respects with the requirements of this article, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.
C.
All signs shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with this code, at all times.
§ 235-112 Signs in the public right-of-way.
No signs shall be allowed in the public right-of-way, except for the following:
A.
Permanent signs. Permanent signs, including:
(1)
Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic;
(2)
Bus stop signs erected by a public transit company;
(3)
Informational signs of a public utility regarding its poles, lines, pipes or facilities; and
C.
Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.
D.
Other signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this article, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the Town shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.
§ 235-113 Temporary signs.
[Amended 8-18-1998 by L.L. No. 1-1998]
A.
Political signs. Temporary political signs shall be permitted without a building permit subject to the following conditions and restrictions:
(1)
Only one nonilluminated, nonmoving sign per zoning lot shall be permitted per candidate.
(2)
Maximum total area of all signs on a zoning lot shall not exceed eight square feet; however, there shall be no area limitation on window signs.
(3)
No sign shall be permitted on fences, trees or utility poles.
(4)
Political signs shall only be permitted during the time period 45 days prior and five days after an election.
B.
Real estate signs.
(1)
Residential uses. One nonilluminated, nonflashing sign not exceeding six square feet in area and advertising only the prospective sale or rental of the premises on which the sign is located shall be permitted. The sign can not be located within four feet of a property line(s).
(2)
Nonresidential uses. One nonilluminated, non-flashing sign not exceeding 32 square feet advertising only the prospective sale or rental of the premises on which the sign is located shall be permitted. The sign can not be located within 10 feet of a property line(s).
(3)
Development. One nonilluminated, non-flashing sign not exceeding 50 square feet in area advertising the approved development of the premises on which the sign is located shall be permitted. The sign can not be located within 10 feet of a property line(s).
§ 235-114 Signs exempt from regulation.
The following signs shall be exempt from regulation under this article:
A.
Any public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance;
B.
Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the zone lot or parcel on which such sign is located;
C.
Works of art that do not include a commercial message;
D.
Holiday lights and decorations with no commercial message, but only between November 15 and January 15; and
E.
Traffic control signs on private property, such as "stop," "yield" and similar signs, the face of which meets Department of Transportation standards and which contains no commercial message of any sort.
§ 235-115 Signs prohibited.
All signs not expressly permitted under this article or exempt from regulation hereunder in accordance with the previous section are prohibited in the Town. Such signs include, but are not limited to:
§ 235-116 General permit procedures.
The following procedures shall govern the application for and issuance of all sign permits under this article:
A.
Applications. All applications for sign permits shall be submitted to the Director on an application form or in accordance with application specifications published by the Director.
B.
Fees. Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by the governing body of the Town from time to time by resolution.
C.
Completeness. Within five days of receiving an application for a sign permit, the Director shall review it for completeness. If the Director finds that it is complete, the application shall then be processed. If the Director finds that it is incomplete, the Director shall, within such five-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this article.
D.
Action. Within seven days of the submission of a complete application for a sign permit, the Director shall either:
(1)
Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect to the requirements of this article; or
(2)
Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this article. In case of a rejection, the Director shall specify in the rejection the section or sections of the local law or applicable plan with which the sign(s) is inconsistent.
§ 235-117 Permits to construct or modify signs.
Signs identified as "P" or "S" on Table A[1] shall be erected, installed or created only in accordance with a duly issued and valid sign construction permit from the Director. Such permits shall be issued only in accordance with the following requirements and procedures.
A.
Permit for new sign or for sign modification. An application for construction, creation or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure and location of each particular sign. One application and permit may include multiple signs on the same zone lot.
B.
Inspection. The Director shall cause an inspection of the zone lot for which each permit for a new sign or for modification of an existing sign is issued during the sixth month after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this article and with the building and electrical codes, the Director shall affix to the premises a permanent symbol identifying the sign(s) and the applicable permit by number or other reference. If the construction is substantially complete but not in full compliance with this article and applicable codes, the Director shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the Director shall affix to the premises the permanent symbol described above.
[1]
Editor's Note: The tables are located at the end of this chapter.
§ 235-118 Sign permits; continuing.
The owner of a zone lot containing signs requiring a permit under this article shall at all times maintain in force a sign permit for such property. Sign permits shall be issued for individual zone lots.
A.
Lapse of sign permit. A sign permit shall lapse automatically if the business license for the premises lapses, is revoked or is not renewed. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of 60 days or more and is not renewed within 30 days of a notice from the Town to the last permittee, sent to the premises, that the sign permit will lapse if such activity is not renewed.
B.
Assignment of sign permits. A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the Director may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.
§ 235-119 Portable, temporary and special event sign permits (private property).
[Amended 12-21-2004 by L.L. No. 14-2004; 12-18-2014 by L.L. No. 4-2014]
A permit is required for portable, temporary, and special event signs on private property and subject to review and approval by the Director of Development Services.
A.
General requirements.
(1)
Portable/temporary signs shall not be attached to fences, trees, or light/utility poles, nor shall signs be placed within public rights-of-way or be placed so as to obstruct or impair the vision of motorists.
(2)
Portable/temporary signs shall be placed so as to permit an unimpeded pedestrianway.
(3)
Portable/temporary signs shall be professional in appearance and/or commercially manufactured (including lettering surface and frame).
(4)
Portable/temporary signs shall not be illuminated or have motion (i.e., oscillate, spin).
(5)
Pennants, inflatable signs, whipsails/windsails, and tethered balloons are prohibited (§ 235-115).
(6)
Banner signs, unless attached to the principal building, are not permitted.
(7)
Signs designed to be transported by means of wheels are not permitted.
(8)
Maintenance. All portable/temporary signs shall be maintained in a safe condition at all times so as not to be detrimental to the public health and safety. All signs shall be kept upright, level, taut, clean, and unfaded and be maintained in overall good appearance.
(9)
Portable/temporary signs are permitted within Town, county and state rights-of-ways during road construction to notify and direct motorists and pedestrians safely to temporary entrances to properties. Sign location and size to be determined by Commissioner of Public Works to ensure signage will not obstruct or impede visual or physical access of motorists and pedestrians.
B.
Business and multiresidential portable/temporary signs.
(1)
Perimeter portable/temporary (freestanding) signs.
(a)
One perimeter portable/temporary sign per business or apartment complex.
(b)
Maximum size of lettering surface area is 42 inches by 30 inches (8.75 square feet) and a frame of one inch by one inch.
(c)
Maximum height is 42 inches as measured from ground level to top of the sign.
(d)
Front setback shall not be closer than 10 feet from the paved surface and/or the back edge of the road gutter of any roadway. Signs may not be located within the right-of-way. Side and rear setbacks shall be a minimum of 10 feet from property lines. However, if the constraints of the site make the ten-foot side setback impractical, then the minimum setback may be reduced to five feet, provided that the temporary sign will not impede the vision or access of motorists and/or pedestrians.
(2)
Nonperimeter portable/temporary signs (signs located near entry of building).
(a)
One nonperimeter portable/temporary sign per business or apartment complex entrance.
(b)
Maximum size of lettering surface area is 42 inches by 36 inches (10.5 square feet) and a frame of one inch by one inch.
(c)
Maximum height is 42 inches as measured from ground level to top of the sign.
(d)
Such sign shall have a minimum front setback of 30 feet from the front property line or be located within 10 feet of the building as long as the minimum side and rear setbacks from property lines are 10 feet.
(3)
Banner signs: one banner sign attached to the principal building per business or apartment complex. Maximum size of banner: three feet high by eight feet wide.
C.
Grand openings portable/temporary signs.
E.
Other portable/temporary signs.
(1)
Contractor signs (siding, roofing, painting, construction, landscaping, etc.).
(a)
Shall not be permitted within rights-of-way.
(b)
Location permitted on the property where work is currently being performed. Signs shall not be closer than 10 feet from the paved surface and/or the back edge of the road gutter of any roadway. Side and rear setback shall be a minimum of 10 feet from property lines. In all cases, signs shall not obstruct or impede the vision of motorists.
(c)
Signs shall be removed upon the completion of the work to be performed or 30 days, whichever comes first. In the case of landscaping, the signs shall be removed within three days of completion of work, with a minimum distance between such signs of 1,000 feet.
(d)
There shall be a maximum of one sign per contractor working on property per year.
§ 235-120 Permits for signs in the public right-of-way.
Permits for temporary private signs in the public right-of-way shall be issued in accordance with the following conditions:
§ 235-121 Time of compliance: nonconforming signs and signs without permits.
Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform to the requirements of this article or for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of a nonconforming sign, to bring it into conformity with the requirements of this article.
A.
Lapse of nonconforming sign permit. A nonconforming sign permit shall lapse and become void under the same circumstances as those under which any other sign permit may lapse and become void.
B.
Sign removal required. A sign that was constructed, painted, installed or maintained in conformance with a permit under this article but for which the permit has lapsed or not been renewed or for which the time allowed for the continuance of a nonconforming sign has expired shall be forthwith removed without notice or action from the Town.
§ 235-122 Violations.
A.
Any of the following shall be a violation of this article and shall be subject to the enforcement remedies and penalties provided by this article and by state law:
(1)
To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such or the zone lot on which the sign is located;
(2)
To install create, erect or maintain any sign requiring a permit without such a permit;
(3)
To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such or the zone lot on which sign is located;
(4)
To fail to remove any sign that is installed, created, erected or maintained in violation of this article or for which the sign permit has lapsed; or
(5)
To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this article.
B.
Each sign installed, created, erected or maintained in violation of this article shall be considered a separate violation when applying the penalty portions of this article.
§ 235-123 Enforcement and remedies.
A.
Any violation or attempted violation of this article or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or offer appropriate proceedings pursuant to state law. A violation of this article shall be considered a violation of the zoning law of the Town. The remedies of the Town shall include the following:
(1)
Issuing a stop-work order for any and all work on any signs on the same zone lot;
(2)
Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity;
(3)
Imposing any penalties that can be imposed directly by the Town under the zoning law;
(4)
Seeking in court the imposition of any penalties that can be imposed by such court under the zoning law; and
(5)
In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the Town under the applicable provisions of the zoning law and building code for such circumstances.
B.
The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the zoning law.
C.
All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof. Such remedy shall remain available for other violations or other parts of the same violation.