Jamestown City Zoning Code
ARTICLE VII
Sign Regulations
§ 300-0701 Purpose.
The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types. It is intended to protect property values; create a more attractive economic and business climate; enhance and protect the physical appearance of the community; and preserve the architectural, scenic and natural beauty of the community by promoting signs which are in harmony with buildings and surroundings. It is also intended to increase the legibility and effectiveness of signage by reducing the visual clutter which may hide competing signs from view. It is further intended to reduce distractions or obstructions which may contribute to traffic accidents; reduce hazards that may be caused by signs obstructing the views of drivers entering or exiting streets; provide more visual open space; and contribute to efforts to revitalize residential, commercial and industrial neighborhoods.
§ 300-0702 Applicability.
[Amended 12-23-2008]
Any off-premises advertising signage (including but limited to billboards) which is erected, altered or relocated after the adoption of this article shall comply with the regulations of this article. On-premises advertising, site, facility, and business identification are regulated under Article VII. In addition, prior to the erection, alteration or relocation of any nonexempt sign, a permit shall be obtained from the Building Inspector. All signs shall be regulated by their size, height, setback, number, type and design pursuant to this article. The regulations of this article shall not apply to the erection or placement of any state, county or City traffic control device or sign.
§ 300-0703 Location.
No sign shall impair or cause confusion of vehicular traffic in its design, color or placement. No sign shall be located within the triangular area as depicted in § 300-0205. Nor shall any sign be attached to trees, public utility poles, rocks or other parts of the natural landscape (except the ground), nor be placed in a position that will obstruct or impair traffic or create a hazard or disturbance to the health, safety and welfare of the general public. No sign shall be located on public property without written consent from the controlling jurisdiction.
§ 300-0704 Application procedure.
Applications for sign permits shall be made, in writing, to the Building Inspector on forms prescribed and provided by the City of Jamestown and shall contain the following information:
A.
Name, address and telephone number of the applicant.
B.
Name, address and telephone number of the owner of the property.
C.
Location of the building, structure and land upon which the sign now exists or is to be erected.
D.
Elevation and plan drawings to scale shall be included. In addition, a full description of the placement and appearance of the proposed sign shall be included with the following information:
(1)
Location on the premises, specifically its position in relation to adjacent buildings, structures and property lines;
(2)
Area of the building facade;
(3)
The method of illumination, if any, and the position of lighting or other extraneous devices and a copy of the electrical permit related to the electrical connections;
(4)
Graphic design (sketch to scale), including symbols, letters, materials and colors; and
(5)
The visual message, text, copy or content of the sign.
§ 300-0705 Review procedure.
A.
Upon the filing of a completed application for a sign permit and the payment of the required fee, the Building Inspector shall examine the plans, specifications and the premises on which the sign is to be erected. A permit shall be granted, provided that:
(1)
Any proposed sign which replaces an existing conforming sign and does not significantly differ from the existing, conforming sign in size, placement, area, color or construction shall be approved by the Building Inspector.
(2)
Any proposed sign which is temporary and conforms to the regulations of this chapter shall be approved by the Building Inspector.
(3)
Applications for new signs or new signs which replace existing, nonconforming signs associated with existing buildings shall be forwarded to the Building Inspector who will prepare a report on the compliance of the proposed sign(s) with regard to the formula components of this article. Within 30 days of filing a complete application, said proposal shall be approved, approved with modifications or denied by the Building Inspector.
(4)
The issuance of a permit shall not excuse the applicant from conforming to the other laws and ordinances of the municipality. If the erection of any approved sign has not commenced within one year from the date of issuance, the permit shall become null and void. Said permit may be renewed within 30 days prior to the expiration, for good cause shown, for an additional six months.
B.
The applicant and the Building Inspector shall consider the following guidelines:
(1)
The sign design, colors, materials and scale shall be compatible with the character of the area in which it is proposed.
(2)
Signs mounted on buildings should not cover openings or significant architectural details and should be located within areas designed for the display of signs, if such exist.
(3)
Signs should be located no higher above the ground than is necessary for viewing from adjacent streets.
(4)
Signs should be designed with respect to the shape and proportion of the space within which they will be located and the facade to which they will be applied.
(5)
The size of signs should relate to the vantage point of the intended observer and the length of time available for viewing; signs intended for pedestrians on the sidewalk need not be as large as those to be seen from passing vehicles.
(6)
Signs should include the minimum information necessary to convey the message so as to avoid clutter and confusion.
(7)
Multiple signs should be avoided.
(8)
A sign should not obstruct or impair the visual effectiveness of neighboring signs.
(9)
Signs should be integrated with fences, walls or buildings rather than freestanding if possible.
(10)
Signs for businesses in plazas or groups of zero lot line store fronts should be of complementary design but not necessarily uniform.
(11)
Signs for businesses contained in the same building should be of concordant design.
(12)
Sign material should be durable and require little maintenance.
§ 300-0706 Permanent exempt signs.
The following types of signs may be erected and maintained without permits or fees as an accessory use to the principal use on the premises, provided that the standards in § 300-0711 are met. In each instance, unless otherwise noted, exempt signs shall be at least 10 feet from all property lines.
A.
Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; emblems installed by governmental agencies, religious or nonprofit organizations, not to exceed six square feet.
B.
On-premise directional signs identifying public parking areas and fire zones which do not exceed five square feet per face. Such signs shall not contain any commercial copy other than business identification.
C.
Nonilluminated warning, private drive, posted or no trespassing signs, not exceeding two square feet per face.
D.
Number and name plates identifying residents and/or name of structure mounted on house, apartment or mailbox not exceeding two square feet in area. If constructed as a lawn sign, it may not be more than four feet in height. Such signs are not to be internally illuminated nor contain any advertising message.
E.
Signs permitted at gasoline and automotive service/repair stations may not exceed the following:
(1)
Integral graphics or attached price signs on gasoline pumps as regulated in Chapter 165 of the City Code;
(2)
Three auxiliary signs per station, each not exceeding six square feet; and
(3)
One portable product display sign which is set back at least 20 feet and does not exceed 12 square feet in area per face; or three feet in height.
F.
Murals may be painted or adhered on any wall of a structure. Signage and advertising may be erected in conjunction with murals and shall not exceed 5% of the total area of the mural. Murals erected in conjunction with signage shall be considered signs for the purpose of this article, if such murals are clearly separate from the signage and the content and design of the mural does not represent specific goods, services or activities offered for sale. Generalized depictions of types of goods; commonly used symbols other than trademarks, brand names and logos; and scenes which do not specifically illustrate commercial activity may be allowed in murals.
[Added 2-28-2005]
§ 300-0707 Temporary exempt signs.
All signs of a temporary nature are exempt from the permit process. However, such signs shall not violate or exceed any of the standards or controls outlined below. Failure to meet these standards shall cause such sign to be removed by the Building Inspector pursuant to § 300-0712.
A.
General regulations. Except as otherwise provided by this article, all temporary signs shall be subject to the following standards:
(1)
Such signs shall be erected no earlier than six weeks prior to the activity or event taking place nor be in place any later than one week after the activity or event is finished;
(2)
Such signs shall not exceed the following area standards: four square feet in L-C, R-1 and R-2 Districts; 16 square feet in the R-C and C-1 Districts; 24 square feet in the C-2, C-3, C-4, C-M, L-M and M Zones;
(3)
Such signs shall not exceed the following height standards: Three feet in L-C, R-1 and R-2 Districts; 10 feet in all remaining districts;
(4)
Such signs shall be set back a minimum of two feet from the property lines and driveways in all L-C, R-1 and R-2 Districts and 10 feet from the same in the R-C, commercial and manufacturing zones; and
(5)
Such signs shall not carry commercial copy.
B.
Specific regulations.
(1)
Temporary signs listing the architect, engineer, contractor, sponsors and/or owner on premises where construction, renovation or repair is in progress, provided that such project is limited to one sign per access street; and such signs shall not exceed 32 square feet in area per sign; and such signs shall not exceed eight feet in height.
(2)
Signs placed and sponsored by public sector agencies, including but not limited to the identification of construction, housing rehabilitation and economic development projects, shall remain in place until such time that the sign no longer serves a public purpose. Such signs shall not exceed 32 square feet in area nor exceed eight feet in height.
(3)
Posters, banners, promotional devices and similar signs promoting an opinion, cause, candidate or political party. Such signs shall not be restricted by time or duration.
(4)
Posters, banners, promotional devices and similar signs promoting a noncommercial event shall not be regulated by the height and area standards outlined above.
(5)
Temporary private owner merchandise sale signs for garage sales and auctions, not exceeding four square feet in area and provided that such signs not be in place for a period exceeding seven days.
(6)
Temporary nonilluminated "for sale" or "for rent" real estate signs concerning the premises upon which the sign is located.
(7)
One temporary nonilluminated sign for a roadside stand selling agricultural produce grown on the premises in season, provided that such sign be removed during the off-season.
(8)
Temporary nonilluminated window signs and posters not exceeding 75% of each individual window surface on which it appears, provided that such signs not be used for permanent advertising. Such signs may contain commercial copy.
(9)
Nonilluminated, temporarily displayed commercial signs which have a changeable copy message area are permitted exclusively in the C-3 District, provided that:
(a)
Only one such sign is permitted per establishment;
(b)
Such signs shall be removed at the close of business;
(c)
Such signs shall not exceed 12 square feet in area per face;
(d)
Such signs shall not exceed five feet in height;
(e)
Such signs shall be located within eight feet on the principle structure; and
(f)
When such sign is located on public property (e.g., sidewalk), an encroachment permit shall be obtained from the Department of Public Works.
§ 300-0708 Prohibited signs.
The following signs are prohibited in all districts:
A.
No off-premises signs shall be allowed other than those otherwise permitted in this article.
[Amended 2-28-2005]
C.
No sign shall consist of strobe lights, multiple banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.
E.
No trailer or vehicle with an advertising message shall be parked on a premises in a manner to serve as a sign.
F.
Double-faced signs are prohibited.
[Added 2-28-2005]
§ 300-0709 General regulations.
A.
Signs on residential buildings which identify a permitted professional office, accessory home occupation or business use authorized by variance or special use permit are subject to the following:
B.
Wall signs. The following sign types shall be considered wall signs and shall be subject to the wall sign regulations set forth in this article:
(1)
Projecting signs.
(a)
Projecting signs shall not have more than two faces; however, when a projecting sign serves as a marquee for a theater, it may have three faces; and
(b)
No part of a projecting sign shall extend into vehicular traffic areas, and any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of eight feet.
(2)
Roof signs. No sign which is erected on a roof shall extend more than eight feet above the roofline of such building.
C.
Freestanding signs.
(1)
No freestanding sign shall be located less than 50 feet from any other freestanding sign;
(2)
If for any reason the property line is changed at some future date, any freestanding sign made nonconforming thereby shall be relocated within six months to conform with the minimum setback requirements; and
(3)
Freestanding signs shall have a minimum of eight feet of clearance over any pedestrian walkway and shall have a minimum of 14 feet of clearance over any driveway.
D.
Entrance and exit signs for the purpose of directing traffic on and off the site, in R-C, C and M Districts.
E.
Permanent residential subdivision identification signs, provided that they are nonilluminated, single-sided and the following regulations are not exceeded:
Permanent Residential Subdivision Identification Signs | ||
|---|---|---|
Description | Use Regulation | |
Maximum number | 1 per subdivision | |
Maximum area | 24 square feet per sign | |
Maximum height | 10 feet | |
Minimum setback | 10 feet from property line | |
F.
Electronic message displays.
[Added 1-30-2017]
(1) ELECTRONIC MESSAGE DISPLAY (EMD) DISSOLVE FADE FRAME FRAME EFFECT(a) (b) (c) (d) SCROLL SPONSORSHIP TRAVEL
Definitions. As used in this subsection, the following definitions shall have the meanings indicated:
A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
A mode of message transition on an electronic message display (EMD) accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.
A mode of message transition on an electronic message display (EMD) accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
A complete, static display screen on an electronic message display.
A visual effect used on an electronic message display applied to a single frame to attract the attention of viewers.
LEVEL 1Static display only (messages changed with no transition/animation).
LEVEL 2Static display with "fade" or "dissolve" transitions, or similar subtle transitions and frame effects that do not have the appearance of moving text or images.
LEVEL 3Static display with "travel" or "scrolling" transitions, or similar transitions and frame effects that have text or animated images that appear to move or change in size, or be revealed sequentially rather than all at once.
LEVEL 4Full animation, flashing, and video.
A mode of message transition on an electronic message display where the message appears to move vertically or across the display surface.
The display of the name or logo of an off-premises business that has contributed to an event or operation of the on-site business. This does not include the advertisement of a sale or product of the off-premises business.
A mode of message transition on an electronic message display where the message appears to move horizontally or across the display surface.
§ 300-0710 Permitted signs by district.
The following signs are permitted by zoning district after obtaining a permit from the Building Inspector:
A.
In all districts, signs for places of worship, schools, libraries, museums, social clubs or societies are permitted, pursuant to § 300-0709 and the following:
Permitted Signs for Places of Worship, Schools, Libraries, Museums, Social Clubs or Societies | |||
|---|---|---|---|
Description | Use Regulation | ||
Freestanding signs | |||
Maximum number | 1 sign per primary structure | ||
Maximum area | 16 square feet per sign | ||
Maximum height | 5 feet | ||
Minimum setback | 10 feet from property line | ||
Wall signs | |||
Maximum number | 1 per each access street, not to exceed a total of two per primary structure | ||
Maximum area | 10% of the front facade(s) of the building, provided that the total area of all wall signage shall not exceed 100 square feet | ||
Accessory use signs | |||
Maximum number | 3 | ||
Maximum area | 9 square feet per sign | ||
Maximum height | 5 feet | ||
Minimum setback | 10 feet from property line | ||
B.
In the L-C, R-1 and R-2 Districts, only one non-internally-illuminated sign is permitted, pursuant to § 300-0709 and the following:
Permitted Signs in the L-C, R-1 and R-2 Districts | |||
|---|---|---|---|
Description | Use Regulation | ||
Freestanding signs | |||
Maximum number | 1 per primary structure | ||
Maximum area | 2 square feet | ||
Wall signs | |||
Maximum number | 1 per primary structure | ||
Maximum area | 2 square feet | ||
C.
In the R-C District, the following types of non-internally-illuminated signs are permitted pursuant to § 300-0709 and the following:
Permitted Signs in the R-C District | |||
|---|---|---|---|
Description | Use Regulation | ||
Freestanding signs | |||
Maximum number | 1 per primary structure | ||
Maximum area | 16 square feet per sign | ||
Maximum height | 5 feet | ||
Minimum setback | 10 feet from property line | ||
Wall signs | |||
Maximum number | 1 per primary structure | ||
Maximum area | 10 square feet per sign | ||
D.
In the C-1 District, the following types of non-internally-illuminated signs are permitted pursuant to § 300-0709 and the following:
Permitted Signs in the C-1 District | |||
|---|---|---|---|
Description | Use Regulation | ||
Freestanding signs | |||
Maximum number | 1 per primary structure | ||
Maximum area | 36 square feet per sign | ||
Maximum height | 15 feet | ||
Minimum setback | 10 feet from property line | ||
Wall signs | |||
Maximum number | 1 per each business or 1 per each access street | ||
Maximum area | Not to exceed 7% of the front facade of the building per sign | ||
E.
In the C-2 and C-3 Districts, the following types of signs are permitted pursuant to § 300-0709 and the following:
Permitted Signs in the C-2 and C-3 Districts | |||
|---|---|---|---|
Description | Use Regulation | ||
Freestanding signs | |||
Maximum number | 1 per each access street, not to exceed a total of 2 per primary structure | ||
Maximum area | 72 square feet per sign | ||
Maximum height | 20 feet | ||
Minimum setback | 10 feet from property line | ||
Wall signs | |||
Maximum number | 1 per each business or 1 per each access street | ||
Maximum area | Not to exceed 10% of the front facade of the building per sign | ||
F.
In the C-4, C-M, L-M and M Districts, the following types of signs are permitted pursuant to § 300-0709 and the following:
Permitted Signs in the C-4, C-M, L-M and M Districts | |||
|---|---|---|---|
Description | Use Regulation | ||
Freestanding signs | |||
Maximum number | 1 per each access street, not to exceed a total of 2 per primary structure | ||
Maximum area | 80 square feet if building area is less than 30,000 square feet of gross floor area or 100 square feet if building area is greater than or equal to 30,000 square feet of gross floor area | ||
Maximum height | 24 feet | ||
Minimum setback | 10 feet from property line | ||
Wall signs | |||
Maximum number | 1 per each business or 1 per each access street | ||
Maximum area | Not to exceed 13% of the front facade of the building per sign | ||
G.
Electronic message displays (EMDs) are allowable in the following zones: C-1, C-2, C-3, C-4, C-M, L-M, M, Zoning Districts.
[Added 1-30-2017]
I.
Up to 50% of the total allowable area (freestanding or wall signage) may be used for electronic message displays, and cannot be any larger than 144 square feet. Only one EMD is allowed per property, either as a freestanding sign or wall sign, but not both. Freestanding EMDs and wall sign EMDs will follow the same height and setback regulations that are set for the corresponding freestanding and wall signs in § 300-0710.
[Added 1-30-2017]
J.
Electronic message displays must be equipped with an automatic dimmer, and be set not to exceed 0.3 footcandle over ambient light level (measured at 150 feet). Each message on the sign must be displayed for a minimum of 15 seconds, transitions must be no longer than one second each.
[Added 1-30-2017]
K.
Allowable animation and transition content on EMDs must fall under the definition for Level 1 or Level 2 [defined within § 300-0709F(1)]. Level 3 or Level 4 animations and transitions may be permitted with the approval of a special use permit.
[Added 1-30-2017]
L.
Sponsorship usage of electronic message displays is permitted. Off-premises advertising is not allowable on electronic message displays.
[Added 1-30-2017]
§ 300-0711 Off-premises advertising signage.
[Added 2-28-2005; 12-23-2008]
Except as otherwise provided by this article, all off-premises advertising signage shall be subject to the following standards:
A.
Off-premises advertising signage shall be permitted in the C-M, L-M and M Zones by right.
B.
No off-premises advertising signage shall be erected within 100 feet of distance of any mechanical traffic control device or sign that regulates the starting and stopping of vehicles.
D.
Maximum height for off-premises advertising signage shall be 24 feet from grade.
E.
A minimum clearance of 10 feet shall be maintained between the bottom of any portion of sign and grade.
F.
Separation from other off-premises signage shall be a minimum separation of 600 feet measured radially.
G.
No off-premises advertising signage shall overhang a public right-of-way or required setback.
H.
No off-premises advertising signage shall be mounted on a rooftop or overhang a rooftop or be affixed to a structure.
I.
No off-premises advertising signage shall be located on or over required parking or drive aisle.
J.
Off-premises advertising signs may be illuminated, provided that the illumination shall be focused upon the sign itself, so as to prevent glare upon surrounding areas.
K.
Flashing signs, signs with intermittent illumination, or signs with mechanically or electronically changing messages or signs with animated parts shall not be permitted.
L.
No off-premises advertising signage shall be located within 150 feet of a residential zone and a park.
M.
A front yard setback shall be a minimum of 10 feet from the front property line.
N.
Side yard setbacks shall be a minimum of 10 feet from the side property line.
O.
A minimum of 10 feet shall be required between any part of an off-premises advertising sign, its support structure and the face of any building or structure.
P.
No part or portion of off-premises advertising signage, including sign or support structure, shall be erected within the front yard setback directly in front of the principal building on a site.
§ 300-0712 Construction and maintenance standards.
All signs shall be subject to the following construction and maintenance standards:
A.
All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (U.L. 48) of Underwriters Laboratories, Inc. If such sign does not bear the Underwriters Laboratory label, the sign shall be inspected and certified by an approved electrical inspection company. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground;
[Amended 2-24-2003]
B.
All freestanding signs shall be designed and constructed as per the Codes of New York State and shall bear the seal of a New York State registered engineer or architect.
[Amended 2-28-2005]
C.
All signs shall be securely anchored and shall not swing or move in any manner;
D.
All signs, sign finishes, supports and electric work shall be maintained, kept clean, neatly painted and free from all hazards, such as but not limited to faulty wiring, loose supports, braces, guys and anchors; and
§ 300-0713 Enforcement.
The enforcement of this article shall be the responsibility of the Building Inspector. In the event that a sign is nonconforming, obsolete, unkempt or unsafe, the Building Inspector shall give written notice to the named owner of the land upon which the sign is located indicating the date by which said sign shall be repaired or removed. In the event that the sign is not brought into compliance within said time period, the Building Inspector shall proceed with the repair or removal of the sign and, where appropriate, the revocation of the permit and/or penalization as provided in the City Code. All costs incurred for said repair or removal shall be assessed to the owner of the sign or owner of the property, or both.
A.
Nonconforming signs. All signs which are not in compliance with this article shall be subject to the following regulations:
(1)
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign;
(2)
All nonconforming signs shall be permitted to continue for the life of a business, provided that they are not deemed obsolete, unkempt or unsafe. However, should any nonconforming sign come under new ownership, such sign shall be brought into compliance or be removed within six months;
(3)
All portable, changeable-copy message signs shall be removed within two years after the adoption of this article; and
(4)
All nonconforming billboards shall be removed by March 1, 2007.
[Added 2-28-2005]
B.
Obsolete signs. Any sign, existing on or after the effective date of this article which no longer advertises an existing business conducted or product sold on the premises upon which such sign is located shall be removed within one year after the sign becomes obsolete. However, the Planning Commission may grant a waiver to allow such obsolete signs in cases where the Commission finds that the obsolete sign is of historical, cultural or architectural interest to the community and is found not to be a detriment to the aesthetic quality of the area or to have a negative impact on traffic safety.
C.
Unsafe signs. The Building Inspector may cause the immediate removal of any sign which is a source of immediate peril to persons or property or is a menace to public health or safety.
D.
Unkempt signs. Signs that are poorly maintained, illegible, rusted or faded shall be removed or restored within 90 days after receiving notice from the Building Inspector.
§ 300-0714 Interpretation; conflict with other laws or ordinances.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. It is not intended to interfere with, abrogate or annul other rules, regulations or ordinances, provided that whenever the requirements of this chapter are at variance with requirements of any other lawfully adopted regulations, rules or ordinances, the most restrictive, or those which impose the highest standards, shall govern.