Le Ray City Zoning Code
ARTICLE XIII
Signs
§ 158-90 Purpose.
A.
The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and 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, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space, and curb the deterioration of the community's appearance and attractiveness.
B.
This article is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with their surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
§ 158-91 Definitions.
[Amended 8-11-2022 by L.L. No. 5-2022]
As used in this chapter, the following terms shall have the meanings indicated:
A sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the sign is located. Whether a sign has been abandoned or not shall be determined by the intent of the owner of the sign and shall be governed by applicable state case law and statutory law on abandoned structures.
A self-supporting, portable sign with one or two faces adjoined at the top and displayed at an angle, which is not permanently anchored or secured and intended for temporary on-site use during regular business hours.
A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration.
A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this chapter, include the following types:
Environmentally activated: animated signs or devices motivated by wind, thermal changes, or other natural environmental input; includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
Mechanically activated: animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
Electrically activated: animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
Flashing: animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this chapter, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.
Patterned illusionary movement: animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
A permanent on-premises sign identifying an apartment complex but not advertising apartments for rent.
Any projection from a building that is decorative and/or functional and not intended for occupancy and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. See also: "awning," "back-lit awning," and "canopy, attached and freestanding."
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
A sign displayed on or attached flat against the surface or surfaces of an awning. See also "wall sign" or "fascia sign." Refer also to Figures 3 through 10 for visual reference examples.[1]
An awning comprised of covering material exhibiting the characteristic of luminosity obtained by means of a source of illumination contained within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
A sign applied or affixed to the seat or back of a bench.
See "off-premises sign."
That portion of any exterior elevation of a building extending vertically from grade to the top of a parapet wall or eaves and horizontally across the entire width of the building elevation.
A sign that is applied or affixed to a building.
The basic unit of measurement of light, in SI (metric) units.
The SI (metric) unit used to describe the luminance of a light source or of an illuminated surface that reflects light; also referred to as "nits."
In English, synonymous with SI terminology "candela."
A multisided overhead structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light; similar to a marquee.
A multisided overhead structure supported by columns but not enclosed by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
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 canopy sign may be internally or externally illuminated; similar to a marquee sign. Refer also to Figures 3 through 10 for visual reference examples.[2]
A sign with the capability of content change by means of manual or remote input; includes the following types:
Manually activated: changeable sign whose message copy or content can be changed manually on a display surface. See also "marquee sign."
Electrically activated: changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices, or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message center."
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 chapter.
A dimensional letter with a back, sides and a translucent front face capable of transmitting light from an internal light source within the letter.
A dimensional letter with a back and sides but no face at the front of the letter. Open-faced channel letters may be non-lit, externally illuminated, or illuminated by a light source contained inside the open channel of the letter itself, such as a neon tube.
A dimensional letter with a face and sides but no back, opposite to an open-faced channel letter. A reverse-channel letter has an open channel facing the wall or building to which it is affixed. A reverse-channel letter may contain a source of illumination designed to project lighting against the surface behind the letter, commonly referred to as a "backlit channel letter"; also referenced as a halo or silhouette-lighted channel letter. The face of a reverse channel letter does not illuminate.
A nonstructural covering designed to conceal the actual structural supports of a sign. See also "pole cover or pylon cover."
A sign that is legally installed in conformance with all prevailing jurisdictional laws and ordinances.
The letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
The actual area of the sign copy as applied to any background. Copy area on any individual background may be expressed as the sum of the geometrically computed shape or shapes encompassing separate individual letters, words, or graphic elements on the background. Refer to Figures 3 through 10 for computational methodology.[3]
See "changeable sign," in this section.
Any sign which is structurally unsound, has defective parts, or is in need of painting, or other maintenance.
A letter, symbol or graphic that is three-dimensional in character, containing height, width, and depth.
Any sign which provides information relative to safely identify vehicular entrances and exits to parking lots or traffic circulation areas for activities. Directional signs may include logo, symbols or a business name and shall not exceed three square feet in size or 30 inches in height. Such signs shall be located on the private premises, and only one shall be installed per driveway.
A sign located on the premises to direct traffic, that contains the name of a building, complex or center and the name and address of two or more businesses being part of the same sign structure or interior to the building, which sign can be seen from the outdoors. Permitted within the AR Agricultural, CC Commercial Corridors, MU Mixed-Use, MED Mixed Economic Development and PD Planned Development District.
The amount of time a message and/or graphic is displayed on an electronic message sign.
A mode of message transition on an electronic message sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.
A sign with two faces, back to back.
An electronic message sign frame effect in which the illusion of motion and/or animation is used.
Any sign activated or illuminated by means of electrical energy.
An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location; also known as an "EMC." EMCs typically use light-emitting diodes (LEDs) as a lighting source. See also the following terms principally associated with electronic message centers: "DISPLAY TIME", "DISSOLVE," "DYNAMIC FRAME EFFECT," "FADE," "FRAME," "FRAME EFFECT," "SCROLL," "TRANSITION," and "TRAVEL."
Any sign placed outside a building.
See "illuminated sign."
See "building facade."
A mode of message transition on an electronic message sign 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.
See "wall sign."
A piece of cloth or similar material usually rectangular or triangular, attached by one edge to a staff or pole.
See "animated sign."
A set of letters, numerals, symbols, or shapes conforming to a specific set of design criteria.
An English unit of measurement of the amount of light falling upon a surface (illuminance). One footcandle is equal to one lumen per square foot; can be measured by means of an illuminance meter.
An English unit of measurement of the amount of light emitted by or reflecting off a surface (luminance) equivalent to 3.4262591 candelas per square meter.
A complete, static display screen on an electronic message sign.
A visual effect on an electronic message sign applied to a single frame. See also "dynamic frame effect."
Any sign not attached or part of any building, but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs and ground or monument signs. Refer also to Figures 3 through 10 for visual reference examples.[4]
The length of an exterior building wall or structure on a single premises along either a public way or other properties that it faces.
The length of the property line(s) of any single premises along either a public way or other properties on which it borders.
See "freestanding sign."
"HSB" stands for "hue, saturation, brightness," and is a common representation of the red, green, blue (RGB) color model.
The amount of light falling upon a real or imaginary surface, commonly called "light level" or "illumination," measured in footcandles (lumens/square foot) in the English system and lux (lumens/square meter) in the SI (metric) system.
A sign characterized by the use of artificial light, either projecting through its surface(s) (internally or transilluminated) or reflecting off its surface(s) (externally illuminated).
Any sign placed within a building, but not including window signs, as defined in this section. Interior signs, with the exception of window signs, as defined, are not regulated by this chapter.
See "illuminated sign."
A sign manufactured and labeled in accordance with specifications promulgated by a recognized testing laboratory designed to assure compliance with applicable American National Standards (ANSI) and/or the National Electric Code (NEC).
The light that is emitted by or reflected from a surface; measured in units of luminous intensity (candelas) per unit area (square meters in SI measurement units or square feet in English measurement units); expressed in SI units as cd/m2 and in English units as footlamberts; sometimes also expressed as "nits," a colloquial reference to SI units; can be measured by means of a luminance meter.
The SI (metric) unit for illuminance. One lux equals 0.093 footcandle.
See Figures 3 through 10 for visual reference examples.[5]
A permanent structure, attached to the front of a building, which incorporates a large message center. Typically illuminated and often ornate in design, a marquee sign projects over the entrance of the building and provides a canopy over at least a portion of the sidewalk or street. Marquee signs are often used by movie theaters and concert halls. See "canopy."
A sign erected in conjunction with a use that incorporates a drive-through or drive-in and generally is used to provide service and/or product options and pricing for patrons who remain in a vehicle.
See "freestanding sign."
A sign containing three or more faces.
A photometric unit of measurement referring to luminance. One nit is equal to one cd/m2.
A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign.
A continued and lawful use of property, including a sign or signs lawfully installed in accordance with laws or ordinances prevailing at the time of installation.
Any sign that advertises or otherwise identifies any property, structure or use not located on the same parcel as the sign.
A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
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 sign intended and installed to be permanently in place at a given location by means of suitable fastening to a building, or to a structure specifically erected to hold such sign(s), or to the ground.
An enclosure designed to conceal poles and/or other structural supports of a sign. See also "cladding."
See "freestanding sign."
A sign, whether on its own trailer, wheels, or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.
A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign. Refer also to Figures 3 through 10 for visual reference examples.[6]
See "freestanding sign."
A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.
A three-dimensional sign built so as to physically represent the object advertised.
A sign that has the capability to revolve 360° about an axis. See also "animated sign."
The uppermost line of the roof of a building or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections, such as canopies or marquees, shall not be considered to be roof signs. Refer to appendix for visual reference example of roof signs and comparison of differences between roof and fascia signs.[7]
A mode of message transition on an electronic message sign in which the message appears to move vertically across the display surface.
The modern metric system of measurement; abbreviated SI for the French term "Le Systeme International d'Unites."
Any material, structure or device or part thereof composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out-of-doors or outside or on the exterior of any building, including window display area, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public. Noncommercial flags or any other flags displayed from flagpoles or staffs will not be considered to be signs.
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Refer also to Figures 3 through 10 for computational methodology for various sign area configurations.[8]
In the case of panel or cabinet-type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.
An advertisement or announcement typically printed on nonrigid paper media for hand distribution.
Certification issued by the Zoning Enforcement Officer acknowledging an acceptable sign pursuant to the regulations contained within this chapter.
The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angle formed between any two of the sides or the projections thereof exceeds 30°, each side shall be considered a separate sign structure.
The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. On signs with more than one face, only that face or faces visible from any one direction at one time will be counted. The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or V-shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign. Refer also to Figures 3 through 10 for computational methodology for various sign area configurations.[9]
A temporary sign pertaining to any civic, patriotic, or special event of general public interest.
A sign that features a flying banner in the shape of a tear drop or feather with a pole or base that is portable.
A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
A visual effect used on an electronic message sign to change from one message to another.
A sign attached to the underside of a canopy or marquee.
A sign containing two faces of equal size, positioned at an interior angle subtending less than 179° at the point of juncture of the individual faces.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects less than 18 inches from the building or structure wall; also includes signs affixed to architectural projections that project from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. Refer also to Figures 3 through 10 for various sign area configurations and comparison examples of differences between wall or fascia signs and roof signs.[10]
A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
[1]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included as an attachment to this chapter.
[2]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included as an attachment to this chapter.
[3]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included as an attachment to this chapter.
[4]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included as an attachment to this chapter.
[5]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included as an attachment to this chapter.
[6]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included as an attachment to this chapter.
[7]
Editor's Note: Said appendix, composed of Sign Diagrams, Figures 3 through 10, is included as an attachment to this chapter.
[8]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included as an attachment to this chapter.
[9]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included as an attachment to this chapter.
[10]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included as an attachment to this chapter.
§ 158-92 Application for sign permit.
Applications shall be made in writing to the Zoning Enforcement Officer on forms prescribed and provided by the municipality and shall contain the following information:
B.
Location of the building, structure or land upon which the sign now exists or is to be erected.
C.
If a new sign is to be erected, elevation and plan drawings, to scale, shall be included.
D.
In addition, a full description of the placement and appearance of the proposed sign shall include the following:
(1)
Location on the premises, specifically its position in relation to adjacent buildings, structures and property lines;
(2)
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;
(3)
Graphic design, including symbols, letters, materials and colors; and
(4)
Written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.
§ 158-93 Permit issuance and renewal.
A.
Upon the filing of a completed application for a sign permit and the payment of the required fee, the Zoning Enforcement Officer shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists.
B.
If it shall appear that the sign is in compliance with all the requirements of this chapter, a permit for the erection of the proposed sign shall be issued within 15 days.
C.
The issuance of a permit shall not excuse the applicant from conforming to the other laws and ordinances of the municipality.
D.
If the erection of the sign authorized under any such permit has not commenced within one year from the date of issuance, the permit shall become null and void.
E.
An existing sign permit may be renewed annually upon application within 30 days prior to the expiration, for good cause shown, for an additional one year, upon payment of the original fee.
F.
If the time period between the removal and subsequent replacement of any sign, regardless of purpose, exceeds 30 days, a new sign permit shall be obtained.
G.
No sign permit shall be issued for a property where any sign is currently displayed in violation of this chapter, except to replace the illegal sign with a legal sign.
H.
It is unlawful to change, modify, alter or deviate from terms of a sign permit.
§ 158-94 Exempt signs.
[Amended 8-11-2022 by L.L. No. 5-2022]
The following are exempt from the regulations of this chapter but may be subject to other codes enacted by the Town of LeRay where applicable:
A.
Signs which are not visible from a public roadway; however, these signs must comply with any building and construction provisions enacted by the Town of LeRay;
B.
Signs inside a building;
C.
Signs carved into a building or raised in integral relief on a building. Signs or letters that are raised must be a physical part of the building facade to qualify under this provision; they must be a part of the physical construction of the building materials comprising the facade; letters or signs that are merely attached to the exterior facade of the building do not qualify, even if the same finish or color;
D.
Signs required by federal or state law;
E.
National flags and individual pennants (not on a string);
F.
Signs required by municipal authority;
G.
Painted and/or applied wall accents and decorations;
H.
Illuminated building accents and decorations;
I.
Public art;
J.
Name and address: up to two signs indicating address, number and/or name of occupants of the premises that do not exceed two square feet in area per side and do not include any commercial advertising or other identification;
K.
Decals: decals and/or logos affixed to windows or door glass panels, such as those indicating membership in a business group or identifying credit cards accepted at the establishment;
L.
Handicapped parking space: signs not exceeding two square feet in area reserving parking for handicapped individuals;
M.
"Private drive" signs: On-premises "private drive" signs are limited to one per driveway entrance, not exceeding two square feet in area;
N.
Public signs: signs erected by government agencies or utilities, including traffic, utility, safety, railroad crossing and identification signs for public facilities and any signs erected by the Town of LeRay;
O.
Security and warning signs: on-premises signs regulating the use of the premises, such as "no trespassing," "no hunting" and "no soliciting" signs that do not exceed one sign two square feet in area in residential areas and one sign five square feet in area in commercial and industrial zones. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with state law;
§ 158-95 Terminology.
A.
Defining words; definitions. Words used in this chapter have their dictionary meaning unless they are listed and described otherwise. Words listed in the definitions sections have the specific meaning stated, unless the context clearly indicates another meaning. The word "sign" in this chapter always refers to an on-premises sign.
B.
Tenses and usage.
(1)
Words used in the singular include the plural. The reverse is also true.
(2)
Words used in the present tense include the future tense. The reverse is also true.
(3)
The words "shall," "must," "will," and "may not" are mandatory.
(4)
"May" is permissive.
(5)
When used with numbers, "up to x," "not more than x" and "a maximum of x" all include "x."
C.
Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions have the following meanings:
D.
Lists. Lists of items that state "including the following," "such as," or similar language are not limited to just those items. The lists are intended to provide examples but not to be exhaustive of all possibilities.
§ 158-96 Prohibitions.
The following signs are prohibited:
A.
Signs containing strobe lights;
B.
Abandoned sign structures;
C.
Signs placed on or painted on a motor vehicle or trailer parked in an area not approved on a site plan, with the primary purpose of providing signage not otherwise allowed by this chapter. Prohibited is any sign displayed on a parked trailer or truck or other vehicle where the primary purpose of the vehicle is to advertise a product, service business, or other activity. This regulation shall permit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation;
D.
Signs that imitate or resemble official traffic lights, signs or signals or signs that interfere with the effectiveness of any official traffic light, sign or signal;
E.
Mechanically moving signs: an environmentally activated sign or other display with actual mechanical motion powered by natural, manual, mechanical, electrical or other means, including but not limited to pennant strings, streamers, spinners, propellers, and search lights;
F.
Flashing signs: See § 158-91, Definitions. For the purposes of this chapter, a sign that has a change rate or dwell time of four seconds or longer does not fit within the prohibition noted herein;
G.
Inflatable signs and other permanent objects: Signs and other objects which may or may not be inflated, including, but not limited to, balloons. Balloons may be permitted in temporary noncommercial situations; for instance, they are permitted for special occasions at a residence;
H.
Nonpermanent posters and handbills affixed to structures, trees or other natural vegetation, rocks or poles.
I.
Except as expressly stated in § 158-94, any fabric sign not attached to a rigid frame on four sides;
J.
Roof signs: roof signs, except for those permitted by special exception in commercial zones. See § 158-100C(3);
K.
Simulated traffic signs and obstructions: any sign which may be confused with, or obstruct the view of, any authorized traffic sign or signal, obstruct the sight-distance triangle at any road intersection, or extend into the public right-of-way;
L.
A-frame/wheeled signs: Any portable A-frame or similar portable sign is prohibited except as described under § 158-102, Temporary signs, below;
M.
Signs adversely affecting safety: signs which prevent free ingress or egress from any door, window, or fire escape or that prevent free access from one part of a roof to any other part. No sign other than a safety sign shall be attached to a standpipe or fire escape;
N.
Sign emissions: No sign which emits smoke, visible vapors, particles, sound or odor shall be permitted. Open flames used to attract public attention to a place of business or to an advertising sign shall not be permitted;
O.
Mirrors: No mirror device shall be used as part of a sign.
P.
Tear drop or feather flag banners.
Q.
Hand held signs. Any temporary sign used by a person or persons to advertise or display goods or services of a particular business. This includes, but is not limited to, placards, directional signs, sandwich-board-type signs when worn, costumes, or similar clothing used to advertise or promote a particular service or business.
[Added 8-11-2016 by L.L. No. 4-2016]
§ 158-97 Sign face area.
A.
Sign cabinets. The area of sign faces enclosed in frames or cabinets is determined based on the outer dimensions of the frame or cabinet.
B.
Double-sided signs. Only one side of a double-sided sign is counted in determining the area of sign faces. Where the two sides are not of equal size, the larger of the two sides is used for the determination of sign area. The area of multiple-faced signs in which the interior angle formed by the faces is greater than 91° shall be expressed as the sum of the areas of all the faces, except for multiple-faced signs containing faces that are configured back to back, in which case the area of the faces configured back to back will be calculated according to the rule for double faced signs.
C.
Round, oval and irregularly shaped signs: to be measured based on the appropriate mathematical formula to obtain the sign area for a circle, an oval or an irregularly shaped sign.
D.
Calculating sign area.
(1)
Signs containing integral background areas. The area of a sign containing a clearly defined background area shall be calculated based on the area of the smallest standard geometric shape or combination of geometric shapes capable of encompassing the perimeter of the background area of the sign. In the case of signs in which multiple background areas are separated by open space, sign area shall be calculated based on the sum of the areas of all separate background areas, calculated as referenced above, but without regard for any open space between the separate background areas.
(2)
Signs without integral background areas. In instances in which a sign consists of individual elements, such as letters, symbols, or other graphic objects or representations that are painted, attached to or otherwise affixed to a surface such as a wall, window, canopy, awning, or architectural projection or to any surface not specifically designed to serve as a sign background, the sign area shall be based on the sum of the individual areas of the smallest geometric shape or combination of geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign.
E.
Awnings and marquees.
(1)
When graphics or sign copy is incorporated into an awning, the sign area is determined by computing the area of a standard imaginary geometric shape or combination of shapes drawn around the sign copy area or graphics. When the ends of awnings or marquees are parallel and contain graphics or sign copy, only one side is counted in addition to the sign face area on the front.
(2)
An awning that contains a "sign" section or copy area shall comply with the applicable sign area requirements for parallel signs (see Table 8) contained in this chapter.[1] Only the sign or copy area displayed on an awning shall be used to determine the permitted sign area. The entire awning shall not be included in a sign area calculation.
§ 158-98 Height of signs.
A.
The overall height of a freestanding sign or sign structure is measured from the lowest point of the ground directly below the sign to the highest point of the freestanding sign or sign structure.
B.
Exception. Where a freestanding sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the freestanding sign or sign structure, then the freestanding sign or structure's height will be measured from the roadway grade level to the highest point of the freestanding sign or sign structure. See Figure 2.
 Figure 2: Sign height measurement |
§ 158-99 Signage standards in residential districts.
[Amended 6-9-2022 by L.L. No. 4-2022]
B.
Residential properties. All single-family residential properties that are located in residential zoning districts are permitted signs not to exceed eight square feet in total sign area per road frontage. Corner lots and lots with frontage on more than one street are entitled to eight square feet per frontage. This sign area allowance covers but is not limited to home occupation signs, lawn signs, real estate signs, contractor signs, and political signs. Signs may be freestanding, mounted to a permanent building structure or displayed in a window. Trees, rocks or other naturally occurring landscape features may not be used to support a residential sign.
C.
Subdivisions, apartments, and multifamily dwellings are permitted a freestanding sign not to exceed 64 square feet, and further provided that one such sign shall be permitted for each separate street and/or separate building frontage occupied by the subdivision or apartment and/or for each means of entrance to or exit from the subdivision or apartment. Wall signs are also permitted not to exceed 5% of the area of the facade in elevation view upon which they are placed.
D.
For properties located in a residential district as described in Subsection C above, other directional, incidental and/or accessory signs are also permitted to be located within the subdivision, complex or multifamily residential development. Such directional, incidental and/or accessory signs shall not exceed six square feet in sign area and eight feet in height (if freestanding).
E.
Other permitted nonresidential uses in a residential district are permitted wall signs not to exceed 5% of the area of the facade in elevation view upon which they are placed.
F.
Animated signs, as defined by this chapter, are prohibited in residential districts.
G.
Roof signs, as defined by this chapter, are prohibited in residential districts.
H.
Nonresidential uses within an R-1 Single-Family Residential District are permitted in conformance with Table 6. Freestanding signs shall be limited to one per property held in a single and separate ownership, except for a property that has frontage on more than one street, in which case one such sign shall be permitted for each separate street frontage. Multi-use or multi-tenant properties may have one freestanding sign per street frontage. Changeable signs are permitted on freestanding signs other than plaza directory signs, with content changes limited to twice daily (e.g., fuel price signage).
Table 6: Signs in R-1 Single-Family Residential Districts | ||||
|---|---|---|---|---|
Uses | Types of Signs Allowed | Number of Signs Allowed | Permitted Sign Area | Maximum Height (if applicable) |
Residential properties, including single-family detached; semidetached; townhouses | Freestanding or wall | Any number so long as the total square footage of all signs does not exceed 8 square feet per frontage | 8 square feet | 6 feet 0 inches |
Single business per property | Monument style (freestanding) | One per frontage | 32 square feet | 6 feet 0 inches |
Residential subdivisions; apartment complexes, multifamily dwellings, townhouses | Freestanding | One per frontage | 64 square feet | 15 feet 0 inches |
Incidental or directional | Unlimited | 6 square feet | 8 feet 0 inches | |
Permitted nonresidential uses in residential districts | Wall | One per facade | 5% of facade | — |
Multi-use or multi-tenant property | Freestanding | One per frontage | 64 square feet | 15 feet 0 inches |
§ 158-100 Signage standards in nonresidential districts.
The standards for permanent signs in Commercial Corridors, Mixed-Use, Mixed Economic Development, Agricultural Residential and Planned Development Districts are as follows. All such signs must conform to the regulations of this section.
A.
Any signs permitted in a residential district are permitted in nonresidential districts.
B.
Sign type, color scheme, size and illumination shall be coordinated and compatible with the site's architectural character.
C.
Signs on nonresidential properties area as regulated by reference to types noted below.
(1)
Freestanding signs:
(a)
Freestanding signs shall be limited to one per property held in single and separate ownership, except for a property that has frontage on more than one street, in which case one such sign shall be permitted for each separate street frontage.
(c)
In the case of a property designated as a shopping center or a group of stores, additional freestanding signs shall be permitted for each vehicular entrance to the property.
(d)
Permitted sign area for these additional freestanding signs shall be 60% of the sign area permitted by Table 7 for signs in nonresidential districts.
(e)
Sign height shall be in conformance with Table 7.
(f)
Changeable signs are permitted on freestanding signs other than plaza directory signs, with content changes limited to twice daily (e.g., fuel price signage).
(2)
Building signs:
(a)
Building signs include wall or fascia signs, roof signs, and signs otherwise permanently applied to walls or other building surfaces. A directory sign will not count towards the total sign square footage. They must be located above an entryway, and they cannot be taller than six inches or longer than the width of the door.
(b)
The total area of all parallel wall signs applied to any given facade shall not exceed the area computed as a percentage of the building facade in elevation view, including window and door areas and cornices to which they are affixed or applied in accordance with Table 8 for parallel signs in commercial districts.[2]
(c)
In the case of a shopping center or a group of stores or other business uses on a lot held in single and separate ownership, the provisions of this section relating to the total area of signs permitted on premises shall apply with respect to each building, separate store, separate storefront, or separate use.
(d)
Only wall signs shall be permitted for individual establishments in a shopping center or on a property with more than one use, entity or business.
(e)
Multi-use or multi-tenant properties may also have one freestanding sign per street frontage.
(f)
Changeable signs are permitted on building signs (e.g., gasoline price sign).
(3)
Roof signs; special considerations:
(b)
The height of any roof sign above the highest architectural point of the building to which it is mounted shall not exceed the percentage of the vertical dimension of the building facade parallel to the sign. Measurements shall be computed from the highest building point to the top of the sign.
(c)
The area calculation for any roof sign whose orientation on a roof may be other than parallel to an individual building facade shall be computed with reference to the building facade that most closely parallels the orientation of such sign.
(4)
Canopy signs (also marquee signs and signs on architectural projections):
(a)
Canopy signs, marquee signs and signs on architectural projections are signs that are mounted to either structures that project off the face of the building more than 18 inches or signs that are mounted to a freestanding structure not attached to a building that creates a canopy or covering over an area below.
(b)
An example of a canopy sign would be lettering installed on a canopy over a series of gas pumps at a service station. It is neither a true wall sign nor freestanding sign.
(c)
An example of a marquee sign would be lettering and graphics displayed on the front and sides of a theater marquee that projects out over a portion of a downtown sidewalk.
(d)
An example of a sign on an architectural projection would be letters installed on a decorative masonry feature that projects off a building face.
(e)
Signs affixed or applied in an essentially flat plane to the face of a building or freestanding canopy, marquee, or architectural projection, provided that the copy area of any such sign, as defined herein, does not exceed an area equal to 40% of the product of the height and length of the face area of the canopy, marquee, or architectural projection to which such sign is affixed or applied, or 15% of the building facade to which it is attached, whichever is greater.
(f)
Graphic treatment in the form of striping or patterns shall be permitted on the face of any building or freestanding canopy, marquee, or architectural projection without restriction, and the area of any such graphic treatment shall not be calculated as a component of permitted copy area.
(5)
Awning signs:
(a)
Graphics affixed or applied to the face or side surfaces of an awning or backlit awning are permitted, provided that the copy area of any such sign copy or graphic, as defined herein, does not exceed an area in accordance with Table 8 for parallel signs, to which the awning is attached.[4]
(b)
Graphic treatment and/or embellishment in the form of striping, patterns, or valances shall be permitted on the face or side surfaces of any awning or backlit awning without restriction, and the area of any such graphic treatment and/or embellishment shall not be calculated as a component of permitted copy area.
(6)
Projecting signs (permitted in commercial districts only):
(a)
Projecting signs shall be limited to one per building facade on which any such sign is mounted except for a use that fronts on more than one street, in which case one such sign shall be permitted per facade for each separate street frontage. In the case of a building in which any individual facade exceeds 200 lineal feet, one such sign shall be permitted for each 200 lineal feet of such facade or multiple thereof on each separate street on which such facade fronts.
(b)
The area of any projecting sign shall not exceed one square foot per every two lineal feet of the building facade on which such sign is mounted, except that no such sign shall be larger in area than 100 square feet.
(c)
No projecting sign shall extend in a vertical dimension above the highest architectural point of the facade to which it is mounted in excess of 25% of the vertical dimension of the facade itself.
(d)
Projecting signs extending over a public sidewalk shall be limited to a projection distance not to exceed 2/3 of the width of the sidewalk.
(e)
Projecting signs shall not be permitted in addition to any permitted freestanding signs on any given property frontage, except that, in the case in which a premises is permitted either freestanding or projecting signs on any one frontage, projecting signs may be substituted for any of the permitted freestanding signs on such frontage, provided that the requirements herein specifically relating to size, height, and extension of projecting signs are met.
Table 7: Freestanding Signs in Nonresidential Districts | ||||
|---|---|---|---|---|
Values indicated are maximum limits on sign size and height: A = Sign area, in square feet H = Sign height, in lineal feet | ||||
District | Mixed-Use, Mixed Economic Development | Agricultural Residential, Commercial Corridors, PD | ||
Posted Speed (mph) | A | H | A | H |
25 | 50 | 8 | 50 | 10 |
30 | 50 | 10 | 72 | 12 |
35 | 72 | 13 | 98 | 15 |
40 | 98 | 15 | 128 | 18 |
45 | 128 | 16 | 162 | 21 |
50 | 162 | 18 | 200 | 23 |
55 | 200 | 20 | 250 | 25 |
Table 8: Parallel Signs | |
|---|---|
Distance of Sign From Road or Adjacent Commercial Zone (feet) | Percentage of Building Elevation Facade Permitted for Sign Area |
0 to 100 | 15% |
101 to 300 | 20% |
Over 301 | 25% |
§ 158-101 Signage standards applicable to all districts.
[Amended 11-10-2016 by L.L. No. 7-2016; 8-11-2022 by L.L. No. 5-2022]
A.
These regulations apply to all signs regulated by this chapter.
B.
Sign placement. All signs and sign structures must be erected and attached completely on or within the site or property to which they refer and shall not encroach upon any legal right-of-way.
E.
Pitched-roof signs.
(1)
Vertical extensions. A pitched-roof sign may not extend above the roofline.
(2)
Placement and angle. Pitched-roof signs must be parallel to the building face. They may not extend beyond the building wall. Refer to Figures 3 through 10 for various sign area configurations.[1]
[1]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included as an attachment to this chapter.
(3)
Support structures. Support structures must be designed so that there is no visible support structure above the sign.
F.
Projecting signs.
(1)
Placement. Projecting signs are not allowed on rooftops or on pitched roofs.
G.
Directional signs.
(1)
General standards. Directional signs that meet the standards of this subsection are allowed in all zones and are not counted in the total square footage of permanent signage allowed on any property or site.
(2)
Size. Freestanding directional signs may be up to six square feet in area and 96 inches in height. Fascia directional signs may be up to 16 square feet in area.
(3)
Directional signs in any zone may have internal or external illumination.
H.
Menu board. Menu board sign areas do not count against overall permitted signage area.
(1)
Drive-through businesses. Two changeable-copy menu board signs are permitted for each drive-through restaurant, in addition to those signs listed in the sign schedule. Menu board signs may be freestanding or wall-mounted; one sign shall be no more than 30 square feet in area, while the second menu board sign shall be no greater than 16 square feet in area. All menu boards shall have a maximum height of seven feet above grade and shall be readable only to traffic on the adjacent drive-through lane.
(2)
Non-drive-through businesses. One changeable-copy menu board wall sign indicating daily menu changes is permitted for each non-drive-through restaurant. Menu board signs shall be no greater than three square feet in area and placed no more than 10 feet from the principal building entrance utilized by patrons.
I.
Off-premises signs.
(1)
Off-Premises signs are permitted in any zoning district, provided no sign is larger than 32 square feet in area and no part of the sign is higher than eight feet above grade at its base.
(2)
Only one freestanding sign is permitted per property; however, properties containing freestanding signs should not be permitted to erect an off-premises sign except pursuant to a filed deed restriction for each separate lot within the development, where one off-premises freestanding sign may take the place of individual freestanding signs per lot within a commercial, nonresidential, development sharing a common access. The proposed off-premises freestanding sign shall not exceed the height and area listed in § 158-100, Table 7, Freestanding Signs in Nonresidential Districts.
(3)
Multiple uses are permitted to be identified on off-premises signage.
(4)
The square footage of the off-premises sign shall not be counted against the square footage of other signage permitted on the property through this chapter.
(5)
Written permission from the owner(s) of the property where the off-premises sign is to be erected is required to be submitted with the sign application. An application for an off-premises sign shall not be considered complete without such documentation.
(6)
Verification from the New York State Department of Transportation that the proposed off-premises sign will not be in violation of any state regulations at its proposed location shall be submitted with the sign permit application. An application for an off-premises sign shall not be considered complete without such documentation.
§ 158-102 Temporary signs.
[Amended 8-11-2022 by L.L. No. 5-2022]
A.
Signs that meet the standards of this section are exempt from the standards for permanent signs and are not counted in the total square footage of signage allowed on any particular property or site. Signs that do not meet the standards of this section are subject to the standards for permanent signs.
B.
Temporary freestanding signs that meet the requirements of this section are exempt from permitting. The application and permit process for freestanding temporary signs that do not meet the requirements and all other categories of temporary signs shall be the same as for permanent signs pursuant to §§ 158-92 and 158-93, respectively.
C.
Temporary signs may have external or internal illumination.
D.
No lot or storefront shall be permitted the simultaneous display of a greater number of temporary signs, including banner, wall, fascia, freestanding or portable signs, than the permitted number of nonexempt permanent signs for said lot or storefront.
E.
Temporary banners. Temporary banners are subject to the following regulations:
(1)
In all residential districts, temporary banners are not permitted on sites with houses, duplexes, and attached houses.
(2)
Exception: banners for holidays, religious commemoration, and special family events.
(3)
In the Mixed-Use and Commercial Corridors Districts, one banner no larger than 32 square feet in size is permitted per property or, on a multi-use property, per storefront. Only one of these banners may be hung on each building wall or on each separate structure. In no case may an individual site or storefront have more than one temporary banner.
(4)
In no case shall a temporary banner be larger than 32 square feet in size.
(5)
Temporary banners not attached to a building may be displayed no longer than 30 days per calendar year. All other banners may be displayed no longer than 45 days per calendar year.
F.
Temporary wall or fascia signs.
(1)
One temporary wall sign is allowed per street frontage in nonresidential districts.
(2)
Temporary wall signs may be up to 32 square feet in area.
(3)
Temporary wall signs may not extend above rooflines.
(4)
Extensions into the right-of-way are prohibited.
(5)
A temporary wall sign may be displayed no longer than 90 days per calendar year.
G.
Temporary freestanding or portable signs.
(1)
In nonresidential districts, one temporary freestanding sign is allowed per property and is not counted in the total square footage of permanent signage allowed on the site.
(2)
In nonresidential districts, temporary freestanding signs may be up to 32 square feet in area.
(3)
In nonresidential districts, a temporary freestanding sign may be displayed no longer than 90 days per calendar year.
(4)
In residential districts, any number of temporary signs may be displayed if the total square footage of all signs does not exceed eight square feet per frontage.
(5)
In residential districts, any combination of temporary freestanding signs may be displayed on properties no longer than 90 days per calendar year in aggregate.
(6)
Extensions into rights-of-way are prohibited.
§ 158-103 Electronic message centers.
A.
In the Agricultural Residential, Mixed-Use, Planned Development and Commercial Corridors Districts, electronic message centers (EMCs) are permitted in accordance with the sign areas noted in Tables 7 and 8 of this article.[1]
B.
General EMC regulations:
(1)
An EMC sign may be a portion of a building sign or freestanding sign, or may comprise the entire sign area.
(2)
All EMC signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, in order to bring the EMC lighting level at night into compliance with the sign illumination standards in this chapter.
(3)
The transition time between messages and/or message frames is limited to once per hour, and these transitions may employ fade, dissolve, and or other transition effects.
(5)
The hue for light emitted by EMC signs shall range from 0° to 60° on the HSB color space of the RGB color model.
(6)
At the discretion of the Planning Board, sufficient landscaping shall be required around the foundation of all EMC signs.
(7)
All EMC display features and functions are permitted, with the following exceptions:
(8)
Electronic message center's content change times are a condition of site plan approval.
[Added 8-11-2016 by L.L. No. 4-2016]
§ 158-104 Sign illumination standards.
A.
A sign in any district may be illuminated at night. Signs that are illuminated at night may not exceed a maximum luminance level of 750 cd/m2 or nits, regardless of the method of illumination.
B.
Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.
C.
All illuminated signs must comply with the maximum luminance level of 750 cd/m2 or nits at least 1/2 hour before apparent sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), United States Department of Commerce, for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until apparent sunrise, as determined by NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions, when required or appropriate.
D.
On-premises signs do not constitute a form of outdoor lighting at night and are exempt from any other outdoor lighting regulations that the Town has adopted or will adopt in the future.
§ 158-105 Nonconforming signs.
A.
Nonconforming permanent signs may continue to exist after passage of this chapter. Nonconforming signs will be removed and changed in accordance with the provisions of this chapter.
B.
Permanent signs and sign structures that are moved, removed, replaced, or structurally altered must be brought into conformance with the sign regulations. However, nonconforming signs required to be moved because of public right-of-way improvements may be reestablished. Removable faces or sign panel inserts in a cabinet-style sign may also be changed by right, and such change does not constitute a structural alteration or trigger loss of nonconforming status.
C.
Nonconforming temporary signs must be removed within two months of the passage of this chapter.
D.
Ownership. The status of a nonconforming sign is not affected by changes in ownership.
E.
Once a sign is altered to conform or is replaced with a conforming sign, the nonconforming rights for that sign are lost and a nonconforming sign may not be reestablished.
F.
Loss of nonconforming sign status.
(1)
Discontinuance. See definition of "abandoned sign."
(2)
Destruction. When a sign or sign structure is removed or intentionally destroyed, replacement signs and sign structures must comply with the current standards. However:
(a)
Repair and maintenance. A nonconforming sign or sign structure may be removed temporarily to perform sign maintenance or sign repair.
(b)
Unintentional destruction. When a sign or sign structure that has nonconforming elements is partially or totally damaged by fire or other causes beyond the control of the owner, the sign and sign structure may be rebuilt to the same size and height using the same materials.
(3)
Notwithstanding anything to the contrary contained in this section, nonconforming abandoned freestanding signs in existence as of the date of the adoption of this subsection shall remain as long as no structural changes are made thereto, and the advertising display may be modified to advertise a new business on the premises.
[Added 6-13-2019 by L.L. No. 2-2019; amended 11-7-2019 by L.L. No. 5-2019]
G.
A nonconforming freestanding sign that becomes abandoned subsequent to the date of adoption of this subsection shall be removed from the premises not later than 60 days following the date of its abandonment.
[Added 6-13-2019 by L.L. No. 2-2019; amended 11-7-2019 by L.L. No. 5-2019]
§ 158-106 Electrical regulations for permanent and temporary on-premises signs.
A.
All on-premises electric signs, outline lighting systems and skeleton neon lighting systems shall be manufactured and installed in compliance with NFPA 70, the National Electric Code (NEC).
B.
The listing label number for all signs shall be provided on the sign permit application or, if the sign has not been manufactured yet, through Nationally Recognized Testing Laboratory (NRTL) validation. An NRTL file number from the sign manufacturer shall be provided for all electric signs on the sign permit application.
C.
The Zoning Enforcement Officer shall have the authority to immediately remove any sign that is not in conformance with this section, or to have said sign removed, at the owner's expense.
§ 158-107 Signage construction and structural requirements.
A.
Structural standards.
(1)
Signs, sign structures, sign foundations and methods to attach and anchor signs must be designed and constructed in accordance with applicable provisions of the Building Code of New York State. All signs and their foundations and attachments must be designed for the appropriate dead, wind and snow loads for the geographic area in question.
(2)
The supports and foundations used in construction for all signs and sign structures must be located outside of any rights-of-way.
B.
Clearances.
(1)
Vision clearance areas. Vision clearance areas are triangular-shaped areas located at the intersection of any combination of rights-of-way, alleys or driveways. The sides of the triangle extend 30 feet from the intersection of the right-of-way, alley or driveway in either/each direction. No sign may be installed within this clear-sight triangle.
(2)
Vehicle area clearances. In areas outside of rights-of-way, when a sign or awning extends over an area in which vehicles travel or are parked, the bottom of the structure must be at least 14 feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas.
(3)
Pedestrian area clearances. When a sign or awning extends more than 12 inches over a sidewalk, walkway, or other space used by pedestrians, the bottom of the structure must be at least eight feet above the ground.
(4)
Clearances from fire escapes, means of egress or standpipes. Signs, sign structures and awnings are prohibited from being erected in any manner that interferes in any way with the free use of any fire escape, means of egress or standpipe. Attaching signs, sign structures or awnings to a fire escape is prohibited.
(5)
Obstruction of windows and ventilation. Signs, sign structures and awnings are prohibited from being installed in any way that obstructs any building openings to such an extent that light, ventilation or exhaust are reduced to a level below that required by either the Building Code, plumbing regulations, heating and ventilating regulations or housing and maintenance regulations.
§ 158-108 Signage maintenance requirements.
A.
Signs, sign structures and awnings, together with their supports, braces, guys, anchors and electrical components must be maintained in a proper state of repair. The Zoning Enforcement Officer may order the removal of any sign, sign structure or awning that is not maintained in accordance with this chapter.
B.
Dangerous structures and equipment.
(1)
Signs, sign structures or awnings that are dangerous must be taken down and removed or made safe as the Zoning Enforcement Officer deems necessary. Signs may be deemed dangerous for one or more of the following reasons:
(a)
Whenever any portion or member of a sign, sign structure or awning is likely to fail, or become detached or dislodged, or to collapse and thereby injure persons or property;
(b)
Whenever any portion or member of a sign, sign structure or awning is likely to partially or completely collapse as a result of any cause, including, dilapidation, deterioration, or decay; faulty construction or wiring; or removal, movement or instability of any portion of the ground or building necessary for supporting such structure;
(c)
Whenever a sign, sign structure or awning is structurally or electrically unsafe or otherwise hazardous to human life or safety by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment.
(2)
All signs, sign structures and awnings determined after inspection by the Code Officer to be dangerous must be abated by repair, rehabilitation, demolition or removal.
§ 158-109 Enforcement official.
A.
The provisions of this chapter shall be administered and enforced by the Zoning Enforcement Officer, who shall have the power to make necessary inspections.
B.
No sign permit shall be approved by the Zoning Enforcement Officer except in compliance with the provisions of this chapter, or as directed by the Zoning Board of Appeals.
§ 158-110 Appeals.
A.
A decision of the Zoning Enforcement Officer may be appealed to the Zoning Boards of Appeals.
B.
Upon an appeal, the Zoning Board of Appeals may grant a variance from the terms of this chapter. No Zoning Board of Appeals decision shall be made on a variance until an advisory opinion is received from the Planning Board. Failure of said Planning Board to report an opinion prior to the hearing on the appeal shall be construed as recommended approval of the variance.
§ 158-111 Enforcement and remedies.
A.
In the event of a breach of any of the provisions of this article, the Zoning Enforcement Officer shall notify the owner of the premises, in writing, to remove, repair, or bring the sign into conformance, immediately of such notification.
[Amended 8-11-2016 by L.L. No. 4-2016]
B.
Penalties for offenses.
(1)
Any person, firm, or corporation, whether as owner, lessee, agent, or employee, who violates any of the provisions of this article, or who fails to comply with any order or regulation made thereunder, or who erects, moves, or alters any sign in violation of any detailed statement or plans submitted by him and approved under the provisions of this article, shall be guilty of a violation as the same is defined in the Penal Law and shall be fined not more than $ 100 for each violation.
(2)
Each day that such violation is permitted to exist shall constitute a separate violation.
C.
If any sign is erected, altered, or moved in violation of the provisions of this article, proper officials may, in addition to other remedies, institute an appropriate action to prevent such unlawful operation.
D.
Upon failure to comply with any notice within the prescribed time, the Zoning Enforcement Officer shall remove or cause removal, repair, or conformance of a sign and shall assess all costs and expenses incurred against the owner of the building or land on which the sign is located.
E.
All costs and expenses incurred by the Town of LeRay in causing the removal or repair of any sign, as specified in this section and Chapter 69, shall be collected from the owner of the premises on which such sign is located. Payment shall be made not less than five days after the receipt of a written demand. Upon failure to make such payment, such costs and expenses shall be assessed against said owner and shall be paid and collected as part of the Town and county tax next due and payable. In addition, the Town may commence any other action or proceeding to collect such costs and expenses.