Ithaca Town City Zoning Code
ARTICLE XXIX
Signs
[Added 8-7-2017 by L.L. No. 12-2017]
 Source: Signage Made Simple — Monmouth, NJ County Planning Board |
§ 270-246 Title.
This article shall be known and cited as the "Town of Ithaca Sign Law."
§ 270-247 Purpose.
This article is enacted to guide and regulate signs to promote the public health, safety and welfare as follows:
A.
Provide minimum standards by regulating and controlling the number, size, design, quality of materials, construction, location, electrification, and maintenance of all signs and sign structures.
B.
Encourage signs and graphics that are compatible with the surrounding natural and built environments.
C.
Reduce the hazards of sign obstruction and distractions and improve traffic safety.
D.
Create a more attractive business climate.
E.
Conserve the value of buildings and properties.
F.
Protect and enhance the Town's aesthetic environment and appearance, including scenic views.
G.
Preserve the right of free speech and expression in the display of signs.
H.
Provide for the orderly and reasonable elimination of existing signs that are not in conformance with this chapter.
§ 270-248 Interpretation.
A.
The provisions of this article shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. In the case of conflicts between this article and other articles in Chapter 270, Zoning, the provisions of this article shall apply. In the case of conflicts between this article and other chapters of the Town Code, the more stringent provision shall govern.
B.
The adoption of this article shall not affect any pending or prevent any future prosecution of action to abate any existing violation of Chapter 270, Zoning, as amended, if the use so in violation is in violation of the provisions of this article.
§ 270-249 Prohibited signs and displays.
The following signs and displays shall be prohibited in all zoning districts, as established pursuant to Chapter 270, Zoning, except as otherwise permitted in this article:
A.
Off-premises signs.
B.
Animated signs and all electronic message centers (animated and nonanimated), including signs with blinking, flashing, strobe, chasing or alternating color lights or moving parts or messages.
C.
Graphics that physically or visually impair vehicular or pedestrian traffic by design, lighting, or placement.
D.
Pennants, valances, ribbons, spinners, streamers, searchlights, string or festoon lights, exposed luminous or fiber optic tubing [except in windows as specified in § 270-256F(4)] neon lights, balloons or similar devices shall not be part of an exterior or window sign, or used for advertising or attracting attention.
E.
Signs with phosphorescent, fluorescent, or reflective material or paint.
F.
Signs placed, wholly or in part, on, over, or above any roof, building, marquee or other structure unless specifically permitted by this article.
G.
Any sign which could be mistaken or confused with a traffic control signal or device or official public information sign.
H.
Copy-change signs, except as specifically permitted in this article.
I.
Signs on surfaces that are not flat and are not attached to a building, and sign symbols that are not attached to a building.
J.
All signs not expressly permitted by this article.
§ 270-250 Exempt signs; art murals.
A.
The following signs are exempt from the requirements of this article:
(1)
Public safety and public emergency signs.
(2)
Signs that are required by law, statute, ordinance or regulation, but the exemption shall extend only to the aspect(s) of the sign, such as size, height or location, that do not meet the requirements of this article and that are mandated (not merely permitted) by the law, statute, ordinance or regulation. All other aspects of the sign are subject to the requirements of this article.
B.
Art murals have different purposes and benefits than signs and are not signs. Art murals are subject to the requirements of Article XXX, Art Murals.
§ 270-251 Signs requiring permits.
After the effective date of this article, sign permits are required for the following:
A.
Signs listed in § 270-256A located in Commercial or Industrial Zones; and
B.
The erection, relocation or alteration of signs that have a variance by the Zoning Board of Appeals or that are included in a site plan approved by the Planning Board.
§ 270-252 Criteria applying to signs in all zones.
A.
Signs shall not:
(1)
Obstruct or impair vision or traffic.
(2)
Be attached to utility poles, bridges, or safety, traffic or street identification signs.
(3)
Be placed or painted on vehicles or trailers that are parked or located for the primary purpose of displaying such signs.
B.
Any otherwise lawful noncommercial copy may be substituted for any commercial copy on any sign that is allowed by this article.
§ 270-253 Sign types.
The following are pictorial descriptions of the types of signs that are described in this article. Chapter 270, Article III, Terminology, contains definitions of these types of signs.
Awning | Banner | Copy-Change Sign |
|---|---|---|
 |  |  |
Canopy | Marquee | |
|---|---|---|
 |  |  |
Freestanding/Monument Sign | ||
|---|---|---|
 |  |  |
Projecting Sign | |
|---|---|
 |  |
Wall Sign | |
|---|---|
 |  |
Window Sign | |
|---|---|
 |  |
Backlit Sign |
|---|
 |
Externally Lit Sign | |
|---|---|
 |  |
Internally Lit Sign | |
|---|---|
 |  |
Non-Flat Surface Signs (e.g., 3-Dimensional) | |
|---|---|
 |  |
§ 270-254 Residential and Conservation Zones.
A.
Freestanding, wall, projecting, awning, canopy and window signs and banners and flags are permitted as principal and accessory uses and structures as specified below.
[Amended 3-23-2020 by L.L. No. 2-2020]
B.
Unless otherwise specified below, signs may not be internally illuminated.
C.
Freestanding signs shall not exceed six feet in height.
D.
Except as provided in Subsection E below, signs up to 16 square feet in area in the aggregate on any one parcel are permitted. No one sign shall be larger than six square feet in area, except as provided in Subsection E below.
E.
Notwithstanding Subsection D above:
(1)
In Multiple Residence Zones, signs up to 36 square feet in the aggregate on any one parcel are permitted. No one sign shall be larger than 24 square feet in area.
(2)
Window signs shall not count towards the aggregate square footage of signs allowed on any one parcel set forth in Subsection D above or in Subsection E(6) below.
(3)
Signs that meet all of the following criteria shall not count towards the aggregate square footage of signs allowed on any one parcel set forth in Subsection D above or in Subsection E(5) below: the signs are nonilluminated, they do not exceed six square feet in area per sign, they do not exceed six feet in height, and they are placed at least 150 feet from any public right-of-way and the lot line of any adjoining owner.
(4)
Banners up to 24 square feet in area are permitted, provided that they are at least 500 feet from a public right-of-way and from the lot line of any adjoining owner, all corners are attached to poles by grommets or pole pockets, and the banners are made of heavyweight fabric or have air slits.
(5)
Flags up to 40 square feet in area in the aggregate that are flown on one building-mounted and/or one freestanding flagpole on any one parcel are permitted. The maximum height of the freestanding flagpole shall be 30 feet, and the minimum setback for the freestanding flagpole from any public right-of-way and from the lot line of any adjoining owner shall equal the height of the pole.
(6)
If the square footage of all principal buildings on a parcel exceeds 8,000 square feet:
(a)
Signs up to 32 square feet in the aggregate are permitted, and no one sign shall be larger than 24 square feet in area.
(b)
In addition, signs up to 100 square feet in the aggregate on any one parcel are permitted for signs that are located at least 500 feet from a public right-of-way; no one such sign shall be larger than 50 square feet in area.
F.
Wall signs.
(1)
Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached.
(2)
Wall signs shall not extend more than nine inches from the face of the building to which they are attached.
(3)
Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
G.
Projecting signs.
(1)
A projecting sign panel or sign symbol may extend three feet maximum from the building face.
(2)
No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
(3)
Projecting signs shall not be of the copy-change type.
(4)
The top of a projecting sign shall be no higher than 12 feet from the ground.
H.
Awning and canopy signs.
[Amended 3-23-2020 by L.L. No. 2-2020]
(1)
Awning and canopy signs may be located no further than six feet from the facade of the building to which they relate.
(2)
No sign shall project or be suspended from an awning or canopy.
(3)
Awning and canopy signs shall be completely within the outer edges of such awning or canopy.
(4)
Awning and canopy graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides. Any lettering on an awning shall be a single line of lettering with a maximum height of six inches. Canopy signs may have more than one row of lettering, with a maximum lettering height of six inches and a maximum canopy sign area of eight square feet.
(5)
No part of an awning or canopy sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
I.
Signs shall be located outside of a public right-of-way, in no case be located between the sidewalk and the street, and shall be placed no closer than 15 feet from a side lot line.
§ 270-255 Agricultural Zones.
A.
Freestanding, wall, projecting, awning, window, copy-change signs and banners and flags are permitted as principal and accessory uses and structures as specified below.
B.
Unless otherwise specified below, signs may not be internally illuminated.
C.
Freestanding signs shall not exceed six feet in height.
D.
Area of signs.
(1)
For parcels less than five acres in size:
(a)
Signs up to 24 square feet in area in the aggregate on any one parcel are permitted.
(b)
No one sign shall be larger than 12 square feet in area.
(2)
For parcels five acres in size or larger:
(a)
Signs up to 36 square feet in area in the aggregate on any one parcel are permitted.
(b)
No one sign shall be larger than 24 square feet in area.
E.
Notwithstanding Subsection D above:
(1)
Window signs shall not count towards the aggregate square footage of signs allowed on any one parcel set forth in Subsection D above or in Subsection E(4) below.
(2)
Banners up to 24 square feet in area are permitted, provided that they are at least 500 feet from a public right-of-way and from the lot line of any adjoining owner, all corners are attached to poles by grommets or pole pockets, and the banners are made of heavyweight fabric or have air slits.
(3)
Flags up to 40 square feet in area in the aggregate that are flown on one building-mounted and/or one freestanding flagpole on any one parcel are permitted. The maximum height of the freestanding flagpole shall be 30 feet, and the minimum setback for the freestanding flagpole from any public right-of-way and from the lot line of any adjoining owner shall equal the height of the pole.
(4)
If the square footage of all principal buildings on a parcel exceeds 8,000 square feet:
(a)
Signs up to 32 square feet in the aggregate are permitted, and no one sign shall be larger than 24 square feet in area.
(b)
In addition, signs up to 100 square feet in the aggregate on any one parcel are permitted for signs that are located at least 500 feet from a public right-of-way; no one such sign shall be larger than 50 square feet in area.
F.
Wall signs.
(1)
Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached.
(2)
Wall signs shall not extend more than nine inches from the face of the building to which they are attached.
(3)
Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
G.
Projecting signs.
(1)
A projecting sign panel or sign symbol may extend three feet maximum from the building face.
(2)
No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
(3)
Projecting signs shall not be of the copy-change type.
(4)
The top of a projecting sign shall be no higher than 12 feet from the ground.
H.
Awning signs.
(1)
Awning signs may be located no further than six feet from the facade of the building to which they relate.
(2)
No sign shall project or be suspended from an awning.
(3)
Awning signs shall be completely within the outer edges of such awning.
(4)
Awning graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides. Any lettering shall be a single line of lettering with a maximum height of six inches.
(5)
No part of an awning sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
I.
Copy-change signs.
(1)
The copy-change portion of signs may be up to 12 square feet in area.
(2)
Copy-change lettering shall be no larger than six inches maximum height.
J.
Signs shall be located outside of a public right-of-way, in no case be located between the sidewalk and the street, and shall be placed no closer than 15 feet from a side lot line.
§ 270-256 Commercial and Industrial Zones.
A.
Freestanding, wall, projecting, marquee, awning, canopy and copy-change signs are permitted as principal and accessory uses and structures as specified below upon receipt of a sign permit.
B.
One wall sign or one projecting sign on each building or store/establishment frontage, and one freestanding sign are permitted. If an establishment has entrances for vehicular traffic on more than one public right-of-way, two freestanding signs are permitted. All freestanding and wall signs shall meet the placement and area requirements listed below.
C.
In the case of multi-use or multi-tenant facilities, one freestanding sign shall be allowed for the development as a whole, regardless of the number of separate establishments or tenants. If such multi-use or multi-tenant facility has entrances for vehicular traffic on more than one public right-of-way, two freestanding signs are permitted. Each line of a multi-use or multi-tenant sign shall contain information pertaining to only one use or tenant.
D.
In Office Park Commercial Zones, signs that meet all of the following criteria shall not count towards the number of signs allowed in Subsections B and C above: the signs are non-illuminated, they do not exceed six square feet in area per sign, they do not exceed six feet in height, and they are placed at least 150 feet from any public right-of-way and the lot line of any adjoining owner.
E.
In all Commercial and Industrial Zones, up to four freestanding signs that meet both of the following criteria shall not count towards the number of freestanding signs allowed in Subsections B and C above: the signs do not exceed four square feet in area per sign, and they do not exceed four feet six inches in height.
F.
Permitted sign dimensions and other criteria in Commercial and Industrial Zones are as follows:
(1)
Freestanding signs.
(a)
Freestanding sign panels shall have no more than two faces.
(b)
For road speed limits of 35 miles per hour or less:
[1]
Single-tenant signs may be up to 10 feet tall, with a maximum area of 32 square feet.
[2]
Multi-tenant signs may be up to 10 feet tall, with a maximum area of 50 square feet.
(c)
For road speed limits over 35 miles per hour:
[1]
Single-tenant signs may be up to 16 feet tall, with a maximum area of 32 square feet.
[2]
Multi-tenant signs may be up to 16 feet tall, with a maximum area of 50 square feet. No part of a freestanding sign shall extend into vehicular traffic areas, and any part extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
(d)
Freestanding signs shall be located outside of the public right-of-way, and shall be no closer than 15 feet from a side lot line. No part shall extend over a sidewalk.
(2)
Wall signs.
(a)
The maximum area of wall sign graphics shall be one square foot for each linear foot of building frontage occupied by the enterprise on which the sign is placed.
(b)
Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached.
(c)
Wall signs shall not extend more than nine inches from the face of the building to which they are attached.
(d)
Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
(3)
Projecting signs.
(a)
The maximum area of a sign panel or symbol shall be 15 square feet.
(b)
A projecting sign panel or sign symbol may extend three feet maximum from the building face.
(c)
No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
(d)
The top of a projecting sign shall be no higher than 12 feet from the ground.
(e)
Projecting signs may be of the copy-change type if they are marquees and meet the marquee requirements specified in this article.
(4)
Window signs are permitted, provided that they meet the standards of the applicable New York State Uniform Fire Prevention and Building Code.
(a)
Exposed luminous tubing or similar window signs shall consist of no more than two rows, the lettering shall not exceed six inches in height per row, and the entire sign shall not exceed three-fourths of the window width or six square feet, whichever is less.
(5)
In lieu of any one or more of the wall, projecting or freestanding signs permitted above, one or more marquee, awning or canopy sign may be substituted instead, provided that:
(a)
Such marquee, awning or canopy sign is located no further than six feet from the facade of the building to which it relates.
(b)
The total number of signs does not exceed the number permitted pursuant to Subsections B and C above.
(c)
No sign shall project or be suspended from a marquee, canopy or awning.
(d)
Marquee, canopy and awning signs shall be completely within the outer edges of such marquee, canopy or awning.
(e)
Copy-change marquees are permitted as long as the copy-change portion is not internally illuminated.
(f)
For each linear foot of marquee perimeter, the maximum area of graphics shall be one square foot.
(g)
Canopy or awning graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides.
(h)
Canopy or awning lettering shall be a single line of lettering with a maximum height of six inches.
(i)
No part of a marquee, awning or canopy sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
§ 270-256.1 Traditional neighborhood development transect zones.
[Added 11-9-2020 by L.L. No. 6-2020]
In an NT-3, NT-4, NT-4u, or NT-5 zone, New Neighborhood Code requirements for signs apply. (See § 272-507.)
§ 270-257 Sign illumination.
Unless otherwise specified in this article, all illuminations shall meet the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code.
A.
Internally lit signs.
(1)
Internally illuminated signs must be constructed with an opaque or dark-colored background and translucent or light-colored text and symbols.
(2)
Illumination for all internally lit signs shall be turned off between the hours of 9:00 p.m. and 5:00 a.m., unless the business is open or the activities are happening during those hours.
B.
Externally lit signs (e.g., direct illumination or backlit).
(1)
Top-mounted fixtures are required for all externally lit signs except for backlit signs. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of § 173-6 of the Outdoor Lighting Law.
(2)
Backlit signs are permitted, but the background surface on which the light shines shall not be reflective.
(3)
Illumination for all externally lit signs in the Commercial and Industrial Districts shall be turned off between the hours of 9:00 p.m. and 5:00 a.m., unless the business is open during those hours. For Residential and Agricultural Districts, illumination shall be turned off when the activity or special event ceases.
§ 270-258 Sign construction.
A.
Fabrication and attachment. All sign fabrication, erection, and attachment shall conform to the requirements of the applicable New York State Uniform Fire Prevention and Building Code and other applicable codes and regulations.
B.
Electrical.
(1)
Lighting fixtures and wiring shall conform to the requirements of the National Electrical Code and other applicable codes and regulations and shall have the approval of an appropriate electrical inspection person or agency, as determined by the Town.
(2)
Transformers, wires, and similar items shall be concealed.
(3)
All wiring to freestanding signs shall be underground.
§ 270-259 Sign maintenance and removal; nonconforming signs.
A.
Maintenance. The owner or person, company or other entity having control of a sign, and the owner of the lot on which such sign is located, shall be jointly and severally liable to maintain such sign, including its illumination sources and to prevent the development of any rust, corrosion, rotting, or other deterioration in the physical appearance of such sign. All signs, sign finishes, supports, and electrical work shall be kept in a neat, clean, attractive appearance, in safe condition, and in good working order at all times.
B.
Disused signs. Any sign, and any supports and electrical work, must be removed within 30 days after the conclusion of the event to which it refers, its purpose has been met, or the occupancy to which it relates no longer exists, unless the Code Enforcement Officer determines that such sign or portions thereof may be utilized by a subsequent enterprise.
C.
Surface restoration. Upon removal of any wall sign, including signs painted on walls, the surface area of the wall shall be restored to an appearance substantially equivalent to the remaining portion of the facade.
D.
Unsafe signs.
(1)
Unsafe signs shall be repaired or removed by the owner or person, company or other entity having control of the sign, or the owner of the lot on which the sign is located. In addition to other remedies provided by this article or chapter, by New York Town Law § 268, or by law or equity, Code Enforcement Officers may require removal of unsafe signs pursuant to the procedures described in this subsection.
(2)
If the Code Enforcement Officer determines an unsafe sign to be an actual danger to persons or property, such sign must be removed within three days of receipt by the owner or person, company or other entity having control of a sign, or by the owner of the lot on which such sign is located, of the Town's written notice of removal.
(3)
If the sign is not removed within three days after notification, the Town shall remove the sign at cost to the owner of the premises.
(4)
If it is determined by the Code Enforcement Officer that any sign is a source of immediate peril or imminent danger to any person or property, such sign may be removed summarily and without notice by the Code Enforcement Officer at cost to the owner of the premises.
(5)
The Town shall recover its costs pursuant to the procedures in Subsection F(3)(b) and (c) below.
E.
Signs on public rights-of-way.
(1)
Signs placed on public rights-of-way that are not authorized by, or that do not conform to, the provisions of this article create unreasonable distractions to operators of motor vehicles; create confusion with regard to traffic lights, signs and signals; impair visibility of pedestrians and motor vehicles; distract from identification of surrounding businesses and home-house numbering; and detract from the aesthetic character of buildings, sites, districts and the Town as a whole. The prompt removal of such signs will protect the health, safety, and welfare of the community and prevent public nuisances.
(2)
In addition to other remedies provided by this article or chapter, by New York Town Law § 268, or by law or equity, Code Enforcement Officers are authorized to remove from Town public rights-of-way any signs that are not authorized by, or do not comply with, the provisions of this article. Upon receipt of written approval from Tompkins County, Code Enforcement Officers are authorized to remove from county public rights-of-way within the Town any signs that are not authorized by, or do not comply with, the provisions of this article. Upon receipt of written approval from the New York State Department of Transportation, Code Enforcement Officers are authorized to remove from New York State public rights-of-way within the Town any signs that are not authorized by, or do not comply with, the provisions of this article.
F.
Signs on private or public property.
(1)
In addition to other remedies provided by this article or chapter, by New York Town Law § 268, or by law or equity, the Town may utilize the following procedure to remove from public property (including public rights-of-way) and from private property any signs that are not authorized by, or do not comply with, the provisions of this article and that constitute a public nuisance or are dangerous to the public health, safety and welfare.
(2)
The Code Enforcement Officer may order removal of such sign by written notice to the owner or person, company or other entity having control of the sign, or to the owner of the lot on which such sign is located. The notice shall set forth a deadline by which such removal must be completed if the sign does not come into compliance with the requirements of this article by the deadline. Said notice shall further advise that, should the violator fail to so act within the established deadline, the sign removal may be performed by a designated governmental agency or a contractor, with the expense thereof to be charged to the violator and/or to become a lien against the premises.
(3)
Town's removal of signs.
(a)
If the sign is not removed or does not come into compliance with the requirements of this article within the period set forth in the Town's notice or Town Board's decision after any appeal thereof pursuant to Subsection F(3)(c) below, the Town may enter the premises to remove the sign or cause the removal to be performed. The Town's entry onto such premises shall be pursuant to an agreement between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may seek a warrant from a court of competent jurisdiction for access to the premises and/or may seek a court order requiring or authorizing all actions reasonably necessary to remove the sign, with the costs of such actions the sole responsibility of the violator.
(b)
The Town shall present the landowner with a bill for all costs and expenses incurred by the Town in connection with the sign removal. If the landowner shall fail to pay such costs and expenses within 15 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest the landowner may pursue, then such unpaid costs, expenses and interest (at the statutory interest rate for money judgments in New York State courts) incurred from the date of the sign removal shall constitute a lien upon the land on which such removal was undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation.
(c)
Appeals of notices and Town bills. Any person receiving a notice to remove a sign, or a bill for Town costs and expenses, may appeal to the Town Board, within 15 days of receipt of such notice or bill, by delivering to the Town Clerk at the Town offices an appeal requesting a reconsideration and administrative hearing before the Town Board. Such appeal shall state the basis for the request for reconsideration and shall be accompanied by any supporting materials. Failure to serve such an appeal within 15 days shall be deemed a waiver of any claim or defense that the notice or bill is not justified, and the violator shall comply with the requirements of the notice or pay the bill. If the appeal is timely filed, the Town Board shall, within 40 days of the filing, hold a hearing and, based upon any relevant materials presented by the Town and the appellant, shall issue a resolution deciding the appeal within 30 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the decision to the appellant within five days after such filing, at the address for such person designated in the appeal or at such other address as the appellant may thereafter designate in writing to the Town Clerk. The Town Board's decision after the hearing shall constitute a final agency action.
G.
Nonconforming signs.
(1)
Existing portable signs, banners, and flags that are nonconforming with the provisions of this article shall be brought into conformance or removed within 90 days of the date of the adoption of this article.
(2)
Except as otherwise provided in Subsection G(1) above or elsewhere in this article, the lawful use of any sign existing at the date of the adoption of this article may be continued even though such sign does not conform to the provisions herein.
(3)
Sign permits are required for all nonconforming signs that come into compliance with the requirements of this article, if the sign requires a permit pursuant to § 270-251. A nonconforming sign may not be otherwise changed unless the Zoning Board of Appeals grants a variance and a sign permit is issued. When a nonconforming sign is in need of substantial repair (including replacement), as determined by the Code Enforcement Officer, the sign shall be made to come into compliance with the requirements of this article or be removed, unless a variance is granted by the Zoning Board of Appeals and a sign permit is issued.
(4)
The use of a nonconforming sign shall terminate within 30 days after the conclusion of the event to which it refers, its purpose has been met, or the occupancy to which it relates no longer exists. No nonconforming sign shall be reinstated except by variance granted by the Zoning Board of Appeals.
(5)
Temporary removal of a nonconforming sign for painting or other normal maintenance shall be limited to a period of 30 days.
§ 270-260 Design review.
A.
Purpose. The following design guidelines are provided to encourage and direct appropriate and compatible materials, illumination and placement of proposed signs. In general, sign design shall be consistent with the purpose and intent of this article.
B.
Sign review criteria.
[Amended 2-8-2021 by L.L. No. 2-2021]
(1)
Except as provided in Subsection B(3) below, all signs that require permits are subject to design review by the Director of Planning or their designee, who shall make a recommendation to the Code Enforcement Officer prior to the issuance of any sign permits.
(2)
The Director of Planning or their designee shall consider the following criteria to make their recommendation on the acceptability of the proposed signs as to design, materials, illumination, placement, and size:
(a)
Signs should be legible in the circumstances in which they are seen and layout should be orderly.
(b)
Freestanding signs should be designed to be compatible with their surroundings and appropriate to the architectural character of the buildings near which they are placed. Sign panels and graphics on buildings should relate with and not cover architectural features or details and should be sized in proportion to them.
(c)
Illumination should be appropriate to the character of the surroundings and shall be in accordance with the Town's Outdoor Lighting Law.
(d)
Monument signs are preferable to pole signs. Pole signs should be as low to the ground as practical.
(e)
Multi-use or multi-tenant signs located on the same premises should meet the requirements of § 270-256C and F.
(f)
Landscaping should be installed and maintained at the base of a freestanding sign if such landscaping would improve the overall appearance of the sign.
(3)
When the Director of Planning's design review results in a recommendation that the sign permit should be denied, instead of sending their recommendation to the Code Enforcement Officer, the Director of Planning shall instead refer the proposed sign to the Planning Board for design review and a Planning Board recommendation to the Code Enforcement Officer. The Planning Board shall make its recommendation to the Code Enforcement Officer on the acceptability of the proposed sign after considering the criteria in Subsection B(2)(a) through (f) above.
§ 270-261 Computation of sign area.
The entire face of a sign on a flat surface, without supports, shall be included in measuring sign area. When a sign on a flat surface consists of individual letters, numbers, symbols, or other characters, its area shall include the area of the smallest rectangle that can encompass all of the letters, numbers, symbols, and characters. (See Sign Area Computation Chart below.)
A.
When a sign consists of two or more flat surface faces, only one face of the sign shall be used in computing the sign area, if the faces are parallel to and within 12 inches of each other. Otherwise, all faces of the sign shall be used to compute the sign area.
B.
The area of a sign on a surface that is not flat, and the area of a sign symbol (e.g., a barber pole), shall be computed as the area of the smallest rectangle that can encompass the largest viewable surface that is visible from any one point of view (See Sign Area Computation Chart below.) Supports and mounts shall not be included in the computation.
C.
The only permissible additions to a sign are hanging shingles or smaller signs that extend or are located below and cumulatively are less than the main sign area. The area of each hanging shingle or smaller sign shall be measured separately from, and added to, the area of the main sign to determine the total sign area. Spaces between additions or between an addition and the main sign shall not be included in the measurement of sign area.
D.
The cumulative area of sign bases, supports, and decorative elements shall not exceed 1.5 times the maximum allowable sign area for the zoning district in which the sign is placed. Terracing or additional stonework, pillars, or other structures that are not integrally part of a sign are not considered supports.
E.
The height of a sign and its supports shall be measured from the highest point of the natural grade to the top of the sign.
Sign Area Computation Chart  |
§ 270-262 Sign permit.
A.
No sign requiring a permit pursuant to 270-251 shall be erected, moved or altered, unless and until a sign permit for such work has been obtained. No sign permit is necessary for maintenance or repair of such a sign, provided that the sign is reinstalled in the same location, its dimensions, height, design and color scheme remain unchanged, and it does not contain any of the prohibited materials or paints listed in § 270-249E.
B.
Applications for sign permits, on forms provided by the Town, shall be submitted to the enforcement official.
C.
Applications shall have attached thereto the following information and material:
(1)
Application fee as set from time to time by Town Board resolution.
(2)
Information as listed on the application form.
(3)
Drawings at an appropriate scale that adequately show the design, dimensions, and colors of the graphics and sign structure, details of any illumination sources, and placement of the sign relative to the building or structure on which it is located and/or in relation to nearby buildings, structures, street lines and property lines.
D.
The Code Enforcement Officer shall issue a permit, issue a permit with conditions, or deny the permit within 30 days after receipt of: a complete application, the recommendation from the Director of Planning or (where applicable) the Planning Board, and decisions on any necessary approvals and/or variances by the Planning Board and Zoning Board of Appeals. In making their decision on the sign permit, the Code Enforcement Officer shall consider:
[Amended 2-8-2021 by L.L. No. 2-2021]
(1)
Whether the proposed sign is in conformance with all requirements of this article and has received all necessary approvals and/or variances from the Planning Board and Zoning Board of Appeals;
(2)
The recommendation from the Director of Planning or Planning Board; and
(3)
The criteria in § 270-260B(2)(a) through (f) above.
E.
If a sign authorized by a permit is not completed and in place within one year, said permit will expire.
F.
See § 270-259G for permit requirements for nonconforming signs.[1]
[1]
Editor's Note: Former Subsection G, which provided that the enforcement official shall issue a certificate of compliance for any sign upon completion of the sign installation or alteration in compliance with its permit and any Planning Board or Zoning Board of Appeals approvals, which immediately followed this subsection, was repealed 2-8-2021 by L.L. No. 2-2021.
§ 270-263 Severability.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remaining portions hereof, but shall be confined to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.