Ithaca City Zoning Code
ARTICLE 28
Signs
§ 28.01 Scope.
This article is intended to regulate and limit the construction or reconstruction of signs and billboards to protect the public peace, morals, health, safety and general welfare. Such signs will not, by reason of their size, location, construction, or manner of display, endanger life and limb, confuse or mislead traffic, obstruct vision necessary for vehicular and pedestrian traffic safety, or otherwise endanger public welfare, shall be permitted except as may be otherwise provided herein.
§ 28.02 Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
IDENTIFICATION SIGN
A sign that identifies the business, owner or resident and/or the street address and which sets forth no other advertisement.
ILLUMINATED SIGNS
A sign that provides artificial light directly (or through any transparent or translucent material) from a source of light connected with such sign, or a sign illuminated by a light so shielded that no direct rays from it are visible from any public right-of-way or from the abutting property.
INSTITUTIONAL BULLETIN BOARD
A sign containing a surface area upon which is displayed the name of a religious institution, school, library, community center or similar institution and the announcement of its institutional services or activities.
MARQUEE SIGNS
An identification sign attached to a marquee, canopy or awning projecting from and supported by the building.
OFF-SITE SIGN
A sign advertising a business, activity or event, and located on a parcel of land different from the parcel on which the business, activity or event is located.
POLE SIGN
A sign supported by one or more uprights, poles or braces placed in or upon the ground surface and not attached to any building and having a sign area not more than 100 square feet.
PORTABLE SIGN
A freestanding sign not permanently anchored or secured to either a building or the ground.
PROJECTING SIGN
A sign which is generally perpendicular to and is supported by a wall of a building.
PYLON SIGNS
A sign supported by one post placed in the ground, not attached to any building. A pylon sign is of a height and dimension that can be seen from a substantial distance, primarily by freeway traffic, with the bottom of the sign at a higher elevation than the highest point of any building on the lot on which the sign is located.
REAL ESTATE SIGNS
A sign located on premises containing land or buildings for sale, rent or lease, or buildings under construction and intended for sale, rent or lease.
ROOF SIGN
Any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure.
SUBDIVISION SIGN
A sign placed at the primary entrance to a subdivision, containing information only about the subdivision. The term "subdivision sign" also refers to signs at the primary entrance to a mobile home park. Such signs being without moving part, not higher than 10 feet from the ground and no closer than 20 feet to any public right-of-way line.
TEMPORARY SIGN
A display, information sign, banner or other advertising device with or without a structural frame and intended for period of display limited to two weeks, including seasonal produce sales, decorative displays for holidays or public demonstrations.
WALL SIGNS
A sign which is attached directly to or painted upon a building wall and which does not extend more than 13 inches therefrom nor more than five feet above the roof line, with the exposed face of the sign in a plane parallel to the building wall.
§ 28.03 Permit procedure.
28.03:1.
Application for a permit to construct or locate a permanent sign, except real estate signs, shall be obtained from the City Zoning Administrator. The application shall include the following information:
(a)
Name, address, telephone number of the landowner, developer, or petitioner.
(b)
A map of the property at a scale of one inch equals 25 feet, showing the location and type of existing structures on the site, property boundaries, location and type of structures or adjacent properties, road rights-of-way, entrances and exits onto the subject property and approximate location of the proposed sign.
(c)
An elevation drawing of the proposed sign depicting its design, lettering, method of illumination and other relevant information. The dimensions of the height and length, and width of the sign and height between ground elevation and the bottom of the sign shall be noted.
(d)
In the case of a wall sign, an elevation of the wall of the building on which the sign is to be placed, including a depiction of the wall sign at scale, shall be shown. The dimension of the building wall and the sign shall be depicted.
(e)
The proposed date of construction of the sign.
(f)
Other information or data as may be required by the Zoning Administrator.
28.03:2.
In the case of a temporary sign, the length of time the proposed sign will be on the site.
28.03:3.
The Zoning Administrator shall approve, disapprove, or approve subject to specified conditions, the request for a permit, based upon the standards for this article.
§ 28.04 Measurement of area of a sign.
The entire area within a circle, triangle, or parallelogram enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed but including any sign tower. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. In the case of a sphere, the total area of the sphere is divided by four for purposes of determining the maximum permitted sign area.
§ 28.05 Signs permitted.
Signs are permitted according to the district in which they are located or intended to be located. Certain types of signs are permitted in certain districts according to the following regulations:
28.05:1.
R-1, R-2, and R-3 Residential Districts. In the R-1, R-2 and R-3 Residential Districts, no more than one sign at any one time shall be permitted. No sign shall be illuminated by other than continuous indirect white light, nor shall it contain any visible moving parts. The following types of signs are permitted:
(a)
On-premises advertising sign: for principal uses other than dwellings, not exceeding 10 square feet in area and not located nearer to the front lot line than one-half the distance of the required front yard setback, and such sign shall not be located in the required side yard setback.
(b)
Identification sign: one per dwelling unit, not exceeding 144 square inches in area; and one per business, not exceeding eight square feet in area.
(c)
Institutional bulletin board: one per public or semipublic institution, located on-premises, not exceeding 40 square feet in area, and set back at least 15 feet from the front lot line.
(d)
Real estate sign, one per premises or building and located on the same premises or building only while said real estate is actually on the market for sale, rent or lease; not exceeding 10 square feet in area and set back at least five feet from the front lot line.
(e)
Subdivision sign, one per subdivision or mobile home park, continuously and properly maintained; not exceeding 30 square feet in area and set back at least 15 feet from any property or right-of-way line.
(f)
Temporary sign, on-premises or off-premises sign advertising real estate in a subdivision being for sale, rent or lease, not exceeding 16 square feet in area and subject to approval by the Zoning Administrator for periods of up to six months subject to removal as long as the sign conforms to the conditions of approval and said real estate is actively on the market for sale, rent or lease. The number of off-premises signs shall be limited to that reasonably necessary to direct the public to the location of the development.
28.05:2.
Mobile home parks and multifamily dwellings. No sign shall be illuminated by other continuous indirect white light, nor shall it contain any visible moving parts. The following types of signs are permitted:
(a)
Same as for single-family and two-family residential.
(b)
Wall sign: one per housing development, indicating only the name of the housing development; not exceeding 16 square feet in area.
28.05:3.
RO Districts.
(a)
In the RO District only the following on-site signs may be displayed either flatly against the surface of the associated building, as a projecting sign, on the wall of a building, or at least 10 feet from any street lot line:
(1)
Any sign permitted in R-1, R-2, R-3 or R-4 Districts.
(2)
One identification sign for each membership club, charitable or welfare institution, private museum, or special approval office use not to exceed one-half square foot in area for each lineal foot of building frontage or one-fourth square foot in area for each lineal foot of lot frontage, whichever is greater. However, no sign shall exceed a maximum of 25 square feet in area.
(b)
Unless otherwise provided any sign permitted may be illuminated in accordance with § 28.08.
(c)
The height restriction on signs in the RO District shall be the same as specified for residential districts.
28.05:4.
C-1 and C-2 Commercial Districts. The following types of signs are permitted:
(a)
Same as for those signs allowed in the residential districts.
(b)
Advertising sign, wall sign, roof sign, portable sign (less than 20 square feet in area), pole sign (less than 20 feet in height) or marquee sign. No business establishment shall have a total of more than three signs facing upon any one street, provided the total sign area for all signs permitted shall not exceed 15% of the area of the face of the building to which they are attached or stand in front of and set back from the front lot line at least 10 feet, except as provided for elsewhere in this ordinance. Any signs attached to the building and project away from the face of any building wall shall not exceed nine square feet in area; provided, however, that where a sign extends more than three inches from the face of said wall, the bottom of said sign shall not be closer than 10 feet from ground level below said sign. In no case shall the sign project away from any building wall more than four feet.
(c)
Billboard. Where the erection or maintenance of same will not unreasonably affect the proper use of adjoining property, at least 20 feet from any right-of-way line; not exceeding a sign area of 10 feet in height and 15 feet in length, and subject to Board of Appeals' approval for periods of up to 36 months.
(d)
Marquee or canopy. Where a building has a canopy or marquee constructed as an integral part of said building for the purpose of administering this section, the front line of said canopy or marquee shall be construed as being the face of the building.
(e)
Gasoline service stations, used car lots and public garages, where permitted, only may display, in addition to the foregoing signs, the following signs which are deemed customary and necessary to their respective business:
(1)
One freestanding or pylon sign advertising the name of the station or garage and for the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed three square feet in area on a side and shall be hung within five feet of the property line and not less than 10 or more than 20 feet above the ground.
(2)
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that said sign does not exceed seven square feet in area.
(3)
Directional signs or lettering displayed over individual entrance doors or bays, consisting only of the words, "washing," "lubrication," "repairs," "mechanic on duty," or other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay, the letters thereof shall not exceed 15 inches in height, and the total of each such sign shall not exceed six square feet.
(4)
Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator, and any other sign required by law and not exceeding a total of three square feet on each pump; and if illuminated, such signs shall be nonflashing and shall not in any manner constitute a traffic hazard with respect to adjacent streets or intersections.
(5)
A nonilluminated credit card sign not exceeding two square feet in area, and may be placed on or near the gasoline pump.
28.05:5.
I-1 District.
(a)
In any I-1 District, only the following on-site signs are permitted, provided no portion of such sign is located closer to the street lot line than the required front yard setback as specified in Article 26 for the I-1 District:
(1)
Any sign permitted in R-1, R-2, R-3, RO, MH, C-1 and C-2 Districts as permitted in the I-1 District except as modified in this section with regard to setback.
(2)
One on-site sign per use facing each lot line, subject to the following size limitations.
a.
The on-site sign facing the front lot line shall not exceed three square feet in area for each lineal foot of lot frontage, or one square foot in area for each lineal foot of lot frontage, whichever is greater.
b.
The on-site signs facing other than the front lot line shall not exceed 50% of three square feet in area for each lineal foot of building length along the respective lot line or 50% of one square foot in area for each lineal foot of lot length along the respective lot line, whichever is greater.
(b)
Any sign permitted may be illuminated in accordance with § 28.08.
(c)
There is no maximum height for signs in I-1 Districts.
(d)
The total area of all on-site signs permitted for any property use, including corner lots, shall not exceed 750 square feet.
(e)
Off-site signs area permitted in accordance with § 28.07.
(f)
Signs may be attached to or project from the surface or roof of the building involved or may be erected separately.
§ 28.06 Signs prohibited.
Signs are prohibited which:
(a)
Contain statements, words, or pictures of an obscene, indecent, or immoral character such as will offend public morals or decency.
(b)
Contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go slow," "caution," "danger," "warning," or similar words. Traffic directional signs in a private parking area are exempted from this provision.
(c)
Are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or emergency vehicle.
(d)
Obstruct a motorist's view of any traffic signs, street sign, or traffic signal.
(e)
Contain or consist of banners, pennants, pinwheels, ribbons, streamers, strings of light bulbs other than holiday decorations, or similar devices. Upon site plan review, the City Planning Commission may approve specific modifications of this provision.
(f)
Have a moving part, except for the conveyance of a noncommercial information.
(g)
Are freestanding exterior signs and are not anchored or secured to a building or the ground.
(h)
Are a part of a structure designed to be moved from one location to another with a change in message.
§ 28.07 Off-site signs.
(a)
Off-site signs shall be allowed only in the C-2 and I-1 Districts.
(b)
The maximum area per sign face of an off-site sign shall not exceed:
(1)
If the sign is located within a C-2 District, 350 square feet.
(2)
If the sign is located in an I-1 District, 750 square feet.
(c)
Off-site signs shall not be located in any required yard area.
(d)
No off-site sign structure shall be closer than 300 feet to another off-site sign structure.
(e)
Off-site signs shall comply with the height limitations of this article for the respective zoning districts in which the signs are located.
§ 28.08 Illumination.
There shall be no flashing, oscillating, or intermittent, red, blue, or green illumination of any sign located in the line of vision of a traffic control device or interfering with safe vision along any roadway, especially at intersections. All illuminated signs shall be designed and located to prevent the light therefrom from being cast upon adjoining residences and shall be located at least 150 feet from any residential use. The illumination of any sign shall not be detrimental or annoying to surrounding property nor constitute a safety hazard, as determined by the Zoning Administrator.
§ 28.09 Freestanding pylon signs.
In the C-1, C-2 and I-1 Districts any permitted use may erect one freestanding pylon sign provided all of the following conditions are met:
(a)
The principal building sets back at least 25 feet more than the district setback requirement and is located on a lot of 90 feet or more in width.
(b)
The total area of one side of such pylon or freestanding sign shall be at a ratio of two square feet for each linear foot of setback of the building beyond the district setback requirement, in no case exceeding 150 feet.
(c)
The sign structure shall be located not closer than seven feet to the front street right-of-way and at least 40 feet from any adjacent property, except for uses regulated under 28.05:4e.
(d)
The sign background shall not be higher than the principal building nor closer than 10 feet to grade level.
(e)
Any use located within 1,000 feet of a limited access highway interchange may erect a pylon sign of such height as to be visible from the travel lanes of said highway, provided that such sign shall set back from any street or property line a distance equal to its height. The area of such sign shall not exceed 300 square feet on each side.
§ 28.10 Nonconforming signs.
(a)
Signs lawfully erected prior to the effective date of this article which do not meet the standards thereof may be maintained except as hereafter provided.
(b)
No nonconforming signs:
(1)
Shall be changed to another nonconforming sign.
(2)
Shall have any changes made in the message displayed unless the sign is specifically designed for periodic change of message.
(3)
Shall be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type, or design of the sign unless such change renders the sign conforming.
(c)
If the owner of a sign or the premises on which a sign is located changes the location of a building, property line or sign or changes the use of a building so that any sign on the premises is rendered nonconforming, such sign must be removed or made to conform to this article.
§ 28.11 Signs for nonconforming uses.
(a)
On-site signs for any building or land use not conforming to the zoning provisions for the district in which it is located shall not exceed the following size limitations, whichever results in the larger sign area:
(1)
One-half square foot of sign area for each lineal foot of building frontage or one-fourth square foot of sign area for each lineal foot of lot frontage whichever is greater, not to exceed a maximum of 25 square feet in area; or
(2)
The maximum sign area permitted for the zoning district in which the sign is located.
(b)
Off-site signs shall comply with all the provisions of the district in which the nonconforming use is located.
§ 28.12 Construction and maintenance.
The construction of any sign shall be such that it will withstand all wind and vibration forces which can be normally expected to occur in the vicinity. All signs shall be properly maintained and shall not be allowed to become unsightly through disrepair or action of the elements. No advertising sign or billboard permit shall be issued until the building and zoning inspectors are satisfied the sign to be constructed complies with the provisions of this ordinance and will be constructed in a safe, sturdy and durable manner with proper bracing anchorage and foundation. A sign shall not be erected or installed until a permit is first obtained from the City Zoning Administrator and from the Building Inspector.
§ 28.13 Height and overhang.
No sign otherwise permitted shall exceed the maximum height limitations of the zoning district in which it is located.
§ 28.14 Violations and removal thereof.
(a)
Any sign erected, altered, or converted subsequent to the passage of this article and in violation of any of the provisions thereof is hereby declared to be a nuisance per se.
(b)
Upon discovery of a violation of this article the Zoning Administrator shall provide written notice to the person in possession of the premises upon which the sign is erected as is reasonably available and to the owner of the premises upon which the sign is erected as shown by the records of the City assessor. Such notice shall state the defects found upon inspection of the sign and order the sign to be brought into compliance with this article or removed.
(c)
The Zoning Administrator or his representative shall also post a copy of such notice upon the violative sign or upon the premises upon which the sign is erected. Such notice shall be sufficiently weatherproof to withstand normal exposure to the elements and shall be readily visible from the nearest public thoroughfare.
(d)
If the violative sign has not been removed or brought into compliance with this article within 30 days from the issuance of the order specified in Subsection (b) above, the Zoning Administrator or his deputies shall provide notice to the person in possession of the premises upon which the violative sign is erected and to the owner of premises upon which the sign is erected to appear at a hearing before a hearing officer and to show cause why the sign should not be considered to be in violation of this article. Notice shall be provided in the same manner as in Subsections (b) and (c) above. The hearing shall not be less than 10 days from the posting of the notice.
(e)
The hearing officer shall determine whether the sign involved is in violation of the ordinance based on competent evidence and testimony. The state construction code, as amended, shall govern the appointment of the hearing officer and the conduct of the hearing except as modified herein.
(f)
If the hearing officer determines that the sign involved is in violation of this article he shall order the action necessary to bring the sign into compliance. Based upon competent evidence and testimony the hearing officer shall also establish a reasonable time by which the requirements of the order shall commence and shall be completed.
(g)
If the decision and order provided for in Subsection (f) above are not complied with in the specified time, the hearing officer may cause the violative sign to be removed and destroyed. The cost of removal, destruction, and disposal of the sign may be charged against the premises.
(h)
Nothing in this section shall prevent the Zoning Administrator or Building Inspector from ordering the summary removal of any sign presenting an immediate threat to the safety of the public.
§ 28.15 Board of Appeals.
The Board of Appeals may, upon application by a property owner, modify the specifications of this article where no good purpose would be served by strict compliance with same.
§ 28.16 Directional signs.
All directional signs for orientation of the general public, when erected by the township, county or state, shall be permitted in all districts.