Malta City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 167-27 Signs.
[Amended 3-5-2007 by L.L. No. 5-2007; 6-4-2007 by L.L. No. 8-2007; 11-20-2017 by L.L. No. 11-2017]
A.
Purpose; intent and definitions.
(1)
The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed signs of all types within the Town of Malta. This section 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 to reduce distractions and obstructions that may adversely affect traffic safety, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and to maintain the generally high level of the community's appearance and attractiveness. This section is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with their surroundings and to ensure that signs aid orientation and adequately identify uses and activities to the public. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs.
(2) AWNING BACKLIGHTING BANNER BILLBOARD SIGN BUSINESS CANOPY ERECT ESTABLISHMENT FACADE FACING or SURFACE FLAG FOOTCANDLE (fc) ILLUMINANCE LIGHT POLLUTION LOT MAINTENANCE (OF SIGNS) PERSON PREMISES SIGN SIGN STRUCTURE SIGN SURFACE AREA SIGN, AREA SIGN, DOUBLE COLUMN SIGN, DOUBLE POST SIGN, ELECTRONIC MESSAGE CENTER SIGN, FREESTANDING SIGN, ILLUMINATED SIGN, ILLUMINATED WINDOW SIGN, MONOLITH SIGN, MONUMENT SIGN, NONCONFORMING SIGN, POLE SIGN, PORTABLE SIGN, PROJECTING SIGN, PYLON SIGN, ROOF SIGN, SANDWICH BOARD SIGN, SOFFIT SIGN, WALL SIGN, WINDOW TEMPORARY SIGN TENANT
The following words shall be defined as follows for purposes of this section:
Any structure attached to a building and projecting over a thoroughfare, when the same is so erected as to permit its being raised to a position flat against the building when not in use.
A method of lighting signs whereby the letters or images are raised or protrude from the structure and the cavity behind the letters or image is lit typically with low-voltage LED lights that "wash" lighting over the mounting wall and illuminate the letters or images.
Any sign constructed of cloth, canvas, plastic, fabric or other flexible material.
Any sign erected or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial and reading matter, supported by uprights placed in the ground and not attached to any part of a building.
The location at which a person makes or offers goods for sale at that or another location, and/or the location at which services are performed for sale at that or another location.
Any structure other than an awning attached to a building, projecting over a thoroughfare, and carried by a frame supported by the ground, sidewalk or building (e.g., a freestanding structure over gasoline pumps).
To build, construct, attach, hang, place, suspend or affix, including the painting of wall signs.
Land or premises occupying a separate, physical space (e.g., room, building, floor of a building, suite, tax map parcel) and with its own separate entrance, which is occupied by one or more "persons" as defined herein (e.g., a business or single-family home).
The face or elevation of a building facing any street or road.
The surface of the sign upon, against or through which the message is displayed or illustrated on the sign.
A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope.
A unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot.
The intensity or degree to which something is illuminated measured in lumens; therefore not the amount of light produced by the light source.
Also known as "obtrusive light" and "stray light"; a term used to broadly describe light that is either too bright for its intended purpose or that shines where it is not needed or wanted. There are three forms or components of light pollution that may pertain to sign illumination. These are sky glow (sky brightness caused by artificial light reflecting off the atmosphere), light trespass (light spilling out of the intended area), and glare (light shining in the eyes causing discomfort or disability in distinguishing nearby objects.)
A tax map parcel.
Replacement, without substantial change of any parts or supports, of any sign, and the repair or repainting of a sign without change of text, design, color, or size of any sign, without removal of the sign from the wall or its supporting structure.
Any human being, firm, partnership, association, corporation, company or organization of any kind.
Synonym for "establishment," defined above.
Every physical object displayed on real property, including land and structures thereon, to the general public containing words or symbols, whether temporary or permanent, and every marquee, awning, canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out-of-doors in view of the general public or affixed to or clearly visible through a window from a public way (e.g., road, sidewalk, path). Holiday decorations are not considered signs.
The supports, uprights, bracing and framework for a 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. Sign area maximum applies to one face of the sign.
The area included within the frame or border of the sign. Where the sign has no frame or border, the area shall be the minimum area which can be defined by and enclosed by a four-sided (straight sides) geometric shape which most closely outlines said sign.
A freestanding sign where two vertical columns of a dimension of at least eight inches by eight inches square or eight-inch diameter are placed with a sign panel affixed between the columns. The maximum dimension from the bottom of the sign panel to the ground plane is three feet. See Figure 1.D for a graphic depiction.[1]
A freestanding sign where two posts are affixed behind or under the sign panel and support the sign. Where the posts are visible, they must have a decorative finish. The maximum dimension from the bottom of the sign panel to the ground plane is three feet. See Figure 1.E for a graphic depiction.[2]
A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. See Town Code § 167-27.2.1 for requirements.
A sign supported by one or more poles, columns, or supports placed in or on the ground and not attached to any building or structure. Refer to Figure 1 for visual examples for allowed freestanding styles.[3]
Any sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.
Any illuminated sign placed in the window of a business.
A freestanding sign, strongly vertical in nature, where the support and sign area are or appear to be made entirely of one piece. See Figure 1.C for a graphic depiction.[4]
A sign built as a structure on the ground using brick, decorative stone or other solid materials and incorporating decorative elements into a minimum of 25% of the square feet of the structure and sign area. These structures may be single-sided or double-sided based on positioning on the site. The Planning Board may allow one or two per entranceway depending on the site plan review process. See Figure 1.F for a graphic depiction.[5]
All signs erected prior to the effective date of this section which do not conform to the provisions and standards contained herein are nonconforming signs.
A sign supported entirely by a single pole affixed to the ground. This sign type is prohibited in all zones.
A sign or poster board of any material capable of being moved from one location to another and not structurally attached to the ground or a building, whether on its own trailer or wheels or otherwise designed to be movable.
Any sign which is attached to a building and extends beyond the line of said building or beyond the surface of that portion of the building to which it is attached.
A freestanding sign made up of a vertical decorative support structure onto which the sign area is affixed. The support structure width must be at least 25% of the width of the widest sign panel area. Multiple sign panels may be affixed onto the support structure. See Figure 1.A and 1.B for a graphic depiction.[6]
Any sign erected, constructed and maintained wholly upon or over the roof of any building, with its principal support on the roof structure.
A sign designed to be movable, not structurally attached to the ground, a building, a structure, or another sign, with a maximum of two sides, which shall be a maximum of three feet wide by four feet high per side, and with support legs extending from the bottom of the sign to the ground, no more than one foot in length.
A sign hung from under and within an overhang, which is attached to a building, and which covers a walkway serving that building.
All flat signs of solid-face construction which are placed against a building and attached to the exterior front, rear or side wall of any building so that the display surface is parallel to the plane of the wall. Signs painted on an exterior of a wall shall be deemed to be wall signs subject to this chapter.
A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window or door material, or a sign clearly visible through a window from such a public location.
Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, including portable signs, sandwich board signs and banners.
A legally permitted occupant, other than the owner, of an "establishment" as defined herein.
[1]
Editor's Note: See Figure 1, On-Premise Allowed Sign Types, which is on file in the Town offices.
[2]
Editor's Note: See Figure 1, On-Premise Allowed Sign Types, which is on file in the Town offices.
[3]
Editor's Note: See Figure 1, On-Premise Allowed Sign Types, which is on file in the Town offices.
[4]
Editor's Note: See Figure 1, On-Premise Allowed Sign Types, which is on file in the Town offices.
[5]
Editor's Note: See Figure 1, On-Premise Allowed Sign Types, which is on file in the Town offices.
[6]
Editor's Note: See Figure 1, On-Premise Allowed Sign Types, which is on file in the Town offices.
B.
General regulations.
(1)
Except as otherwise provided herein, no person, firm or corporation shall hereinafter erect, re-erect, construct, modify, or alter a sign, or take any actions regulated by this chapter without first obtaining a permit issued by the Town Code Enforcement Officer, and except for the erection of noncommercial signs on property zoned and used as residential land. All commercial sign erection or changes must undergo site plan review, unless waived by the Code Enforcement Officer, or project plan review, as appropriate.
(2)
Every application for a sign permit shall be accompanied by plans to scale showing the area of the sign; the position of the sign in relation to nearby buildings or structures; the location of the building, structure or lot to which or upon which the sign is to be attached or erected; the method of illumination, if any; and indicating narrative showing compliance with appropriate construction standards.
(3)
No sign shall be erected which may cause hazardous or unsafe conditions. If such a sign exists, it shall be removed forthwith upon direction of the Building and Planning Department following notification either to the owner or occupant of the premises upon which the sign is located.
(4)
Signs within municipal roads and rights-of-way.
(a)
No permanent sign shall be erected within the limits of any Town, county, or state highway or road, including the right-of-way thereof, unless otherwise authorized by the governmental body with jurisdiction over such highway or road.
(b)
No temporary sign shall be erected within the limits of any Town, county, or state highway or road, including the right-of-way thereof, except as follows:
[1]
No such temporary sign with substantially the same content shall be allowed to be erected and displayed for more than 65 days in the aggregate in any calendar year.
[2]
No such temporary sign shall exceed nine square feet, nor shall the height of the top edge of any such sign exceed 42 inches.
[3]
No such temporary sign shall be erected at a location blocking the line of sight of motor vehicles or pedestrians using or traversing the highway or road.
[4]
No more than two temporary signs with substantially the same content may be erected by any person at the intersection of any two highways or roads, or segments thereof.
[5]
No more than one temporary sign with substantially the same content, per 100 yards, not including those erected in an intersection, shall be erected by any person.
[6]
All temporary signs, either by their content, or together with the information required by Subsection B(4)(b)[7] below, shall contain sufficient information as will enable the Town Code Enforcement Officer to readily identify and contact the owner thereof.
[7]
Prior to erecting more than six temporary signs with substantially the same content, any person seeking to do so shall first provide to the Town Building and Planning Department, in writing, with the following information: the name and current address and telephone number of the owner thereof; a brief description of the content of the signs; the period of time, not exceeding 65 days, during which such signs shall remain erected.
(5)
No permanent or temporary sign shall be erected within the confines of any median, traffic circle or roundabout or within 50 feet of the outer edge of pavement of a traffic circle or roundabout except as authorized by the governmental entity having jurisdiction thereof.
(6)
No permanent or temporary sign shall be erected on any real property owned by the Town, except signs erected by the Town, signs authorized by the Town Board, or temporary signs on any Town highway or road, including the right-of-way thereof, meeting the requirements and standards of Subsection B(4)(b) of this section.
(7)
Waiver of fees for public service signs. The Town of Malta recognizes that there is a public benefit to signs erected by not-for-profit community service organizations which exceeds the value of fees which would otherwise be chargeable to such organizations for review of sign applications. Accordingly, no fees shall be charged by the Town for permanent signs erected by not-for-profit community service organizations to be used for noncommercial purposes, and which otherwise meet all other requirements of this section.
(8)
Off-premises advertising signs shall only be permitted in the Off-Premises Sign Zone. See § 167-27.1, Off-Premises Sign Overlay Zone.
(9)
Historical markers shall be erected by the Town Highway Department following approval and purchase by the Town Board with the advice of the Town Historian as to content, form and dimensions.
(10)
Unless otherwise provided for in this section, no sign may have more than two sides, and any reference to the total square footage of allowable signage shall mean the total amount on one side.
(11)
Unless otherwise specified, square footage of a sign shall mean the square footage of each used side of a sign.
(12)
The Town finds that there is an overriding public interest in providing special forms of signs for government and emergency services organizations. Electronic message centers (EMCs) are a unique outlet for safety information to be disseminated for which there is no substitute. EMCs are, therefore, allowed for these uses. EMCs shall not be wider than seven feet nor more than eight feet from the ground. The lighted portion shall not begin more than 40 inches from the ground, nor extend beyond 70 inches from the ground.
(13)
Signs allowed based on content. The following signs are allowed, based upon their content, to be placed anywhere in Town, because they are necessary for personal and public safety and the Town finds that there is no substitute to a content-based test for these signs. They are permitted and shall not be deducted from the total square footage of signage allowed, provided that they do not exceed two square feet per sign per side or, if a flag, do not exceed six square feet per side.
(14)
All permanent commercial signs shall incorporate the address number at the top of the sign. The address number shall be displayed in Arabic numbers or alphabetical letters with each character not less than four inches in height with a stroke width of not less than 0.5 inch and made out of a reflective material or illuminated.
(15)
An illuminated window sign may not exceed a maximum of four square feet in area.
(16)
All new residences shall have the address number displayed in accordance with state and county requirements. When a mailbox is located in front of the home, numbering may be placed on the mailbox or post; where mailboxes are in a collective location, each residence shall have a monument, pole or other structure clearly visible from the adjacent road and its driveway for the purpose of displaying the address number.
(17)
Signs are encouraged to be decorative, creative and to be a unique identifier for the business. Objects for sale or other icons or symbols of the business's branding, provided they are not obscene or misleading, may be incorporated into a sign but shall be included in the sign height and shall count towards decorative percent of total signage if applicable.
(18)
Total sign height shall be measured from the lowest point of the ground directly below the sign to the highest point of the freestanding sign or sign structure. 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 sign height will be measured from the roadway grade level to the highest point of the freestanding sign or sign structure.
C.
Construction standards.
(1)
All illuminated signs, or signs using electrical power, shall bear the Underwriters Laboratories, Inc. seal, or be inspected and certified by a Town-authorized electrical inspector. All such signs may not be used unless a certificate of compliance has been obtained from the Town of Malta with respect to the sign's original erection, and with respect to modification of said sign or electrical components within such sign.
(2)
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square feet of surface area.
(3)
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.
(4)
All commercial signs shall be constructed of durable materials and shall be maintained in a good condition.
(5)
No sign shall project beyond property lines or over public sidewalk areas or vehicular traffic areas unless otherwise provided.
(6)
No sign shall be located higher than the building to which it is attached.
(7)
All wiring to freestanding signs shall be underground and/or concealed within the sign structure.
D.
Sign lighting.
(1)
Illuminated signs visible from a road shall not cause glare, nor shall they be in such a position or such color as will hamper the readability of traffic lights or traffic signs.
(2)
Lighting directed toward a sign must be shielded so that it illuminates only the face of the sign and does not shine directly onto public way (e.g., road, sidewalk, path) or adjacent properties.
(3)
Projecting light fixtures used for externally illuminated signs must be simple and unobtrusive in appearance, and not obscure the sign.
E.
Signs in shopping centers/malls.
(1)
Each shopping center/mall with five or more tenants may have one double-faced sign 25% taller and 25% larger than what is allowed according to Figure 2, Sign Chart.[7] For shopping centers with fewer than five stores or tenants, the maximum square footage for this sign shall be equal to what is allowed according to Figure 2. Directory signs internal to the site are allowed, the number and placement to be approved during site plan or project plan review or by Code Enforcement Officer at the time of sign permit.
[7]
Editor's Note: Figure 2, Sign Chart, is included as an attachment to this chapter.
(2)
Tenants.
(a)
Each tenant shall be authorized a sign; however, such sign shall not exceed 5% of the facade of the portion of the shopping center leased by the tenant and shall not exceed a maximum of 100 square feet. Such signs shall be at least three feet above the ground and shall not exceed the height of the facade. If the space such tenant occupies has more than one side of the mall building and therefore more than one facade, the tenant shall be authorized a maximum of two signs to be placed on the building's facade; the total area of both signs shall not exceed 5% of the total facade area.
(b)
All signs shall be of a uniform, harmonious design and shall be affixed to the facade of the building.
F.
Temporary signs.
(1)
Portable signs.
(a)
"Portable signs" shall mean signs or poster boards of any material which are capable of being moved from one location to another, and include, but are not limited to, signs mounted on trailers and signs mounted on frames placed on the surface of any lot or having no permanent attachment to the ground, building or structure.
(b)
Portable signs shall be used only in commercial districts for a new business or a business in a new location that is awaiting installation of a permanent sign.
(c)
Portable signs may only be used for a period of 60 days or until installation of a permanent sign, whichever occurs first.
(d)
Portable signs shall meet all the construction standards of the municipality.
(e)
A separate permit for each portable sign is required.
(2)
Sandwich board signs.
(a)
Use of a sandwich board sign requires no permit or fee.
(b)
Sandwich board signs are allowed in all commercial districts, and in any other district at the location of a legal nonconforming business or commercial use. One sign is allowed per business, with a maximum of four for any tax map parcel.
(c)
Sandwich board signs may not be illuminated.
(3)
Banner signs. A banner, not exceeding 16 square feet per side, may, upon obtaining a permit for such banner, be displayed by a business for a period not exceeding 15 days, with four such permits being allowed in any calendar year, for any individual business. A banner may be horizontal or vertical but must be secured such that it is substantially static. Such banners shall conform to the requirements set forth in the Table of Sign Code Details.[8]
[8]
Editor's Note: Figure 2, Sign Chart, is included as an attachment to this chapter.
G.
Prohibitions.
(1)
Off-premises signs are only permitted under the exempt signs provisions of this section.
(2)
No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights.
(3)
No sign shall contain any moving parts, other than the arms of a clock.
(4)
No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement.
(5)
No sign shall impair visibility for the motorist at a street corner or intersection by placement and location within 25 feet of the intersection of the street or highway lines.
(6)
Except as otherwise provided herein, no sign shall consist of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.
(7)
Neon window signs are prohibited within the Downtown Parade Grounds and on historic landmarks. Neon and tubular gas signs are prohibited.
H.
Sign removal.
(1)
It is a violation of this article for any sign to be abandoned, or to go into disrepair and become unsafe, insecure or a menace to the public. If any sign is in violation of this provision, it shall be removed by the owner of the property.
(2)
The Code Enforcement Officer shall give written notice to the named owner of the land upon which any such signs are located. The owner shall remove or repair the sign within 30 days from the date of the notice. Owners failing to comply with such notice may be fined up to $250 per day until such sign is removed or repaired as required in such notice.
I.
Signs exempt from permits. The following signs are exempt from permits:
(1)
Upon confirmation by the Code Enforcement Officer, 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, not exceeding six square feet.
(2)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(3)
On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zone, entrances and exits, subject to site plan review.
(4)
Nonilluminated no U-turns, no soliciting, private property, posted/no trespassing, no hunting, warning, and private drive not exceeding two square feet. Open/closed signs not exceeding two square feet per side, or if a flag, six square feet per side. See Subsection B(12) above.
(5)
Number and name plates identifying residences or businesses mounted on the house, building, apartment or mailbox, not exceeding one square foot in area.
(6)
Lawn signs identifying residences, not exceeding one square foot or two square feet if double-faced. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.
(7)
Commercial on-premises signs may be posted at a residence continuously, but must be removed within three days after the event taking place, or the product being sold or rented. One nonilluminated sign not exceeding four square feet is allowed per residence and it must be set back from all property lines as required.
(8)
Temporary, nonilluminated window signs and posters not exceeding 25% of the window surface.
(9)
One sign, not exceeding six square feet in a residential district or 32 square feet in a commercial district, where construction, renovation or repair is in progress.
(11)
Nonilluminated, noncommercial signs on real property zoned and used as residential, such signs not to exceed [x] per [y square feet], and not to exceed [z-sf] in size.
§ 167-27.1 Off-Premises Sign Overlay Zone.
[Amended 11-20-2017 by L.L. No. 11-2017]
A.
An overlay zone is hereby established for off-premises signs within a portion of the commercial zone along Route 9 from Route 67/Dunning Road to Cramer Road. No off-premises signs are permitted in the Town outside of the overlay zone.
B.
The boundaries of the overlay zone known as the "Off-Premises Sign Overlay Zone" are superimposed over those portions of the commercial district as the area along Route 9 between Route 67 to Cramer Road for a distance of 15 feet off of the right-of-way of Route 9. The parcels over which the overlay zone are superimposed are those bearing the following tax map numbers on June 29, 2017:
229.4-1-22 | 229.8-1-18 | |
229.4-1-14.2 | 229.8-1-3.1 | |
229.4-1-15 | 229.8-1-3.2 | |
229.2-1-46 | 229.8-1-2 | |
229.2-1-7 | 229.3-10 | |
229.4-1-23 | 229.2-1-69 | |
229.2-1-6 | 229.-3-11 | |
229.2-1-5 | 229.8-1-1.2 | |
229.-3-6 | ||
229.-3-2.12 | ||
229.2-1-64 | 229.8-1-1.1 | |
229.2-1-3 | 229.-3-4 | |
229.2-1-56 | 229.2-1-2 | 229.-3-3 |
229.2-1-57 | 229.2-1-1 | 229.-3-2.21 |
C.
Any off-premises/advertising signs located within the Off-Premises Sign Overlay Zone shall be subject to the following requirements:
(1)
All off-premises/advertising signs within this zone shall be limited to 40 square feet per face.
(2)
No off-premises/advertising signs shall exceed 10 feet in height, including support, as measured from the ground below the sign.
(3)
Only two billboard faces shall be permitted on any one structure or support.
(4)
There shall be no artificial illumination permitted, either located on or directed toward the off-premises/advertising sign.
(5)
No off-premises structure shall be located nearer than 1/2 mile to another off-premises/advertising sign structure.
(6)
All off-premises/advertising sign applications shall be allowable only by special use permit within the Off-Premises Sign Overlay Zone.
(7)
Any off-premises/advertising sign constructed and placed shall be subject to all applicable setback requirements, except that no sign shall be placed more than 100 feet from the property line which borders New York-U.S. Route 9.
§ 167-27.2 Additional requirements and provisions; severability. [1]
[Amended 11-20-2017 by L.L. No. 11-2017]
Information for Assessor. Before a building permit is issued for any off-premises/advertising sign, the applicant shall provide to the Assessor of the Town of Malta such information concerning the deed, lease or license as is reasonably required by the Assessor for real property tax purposes. The applicant or owner will have an ongoing duty to report the cost of any material improvements to the site. Such information may be exempt from public disclosure pursuant to Public Officers Law § 87(2) or similar provisions of the law.
§ 167-27.2.1 Electronic message center signs.
[Added 11-20-2017 by L.L. No. 11-2017]
A.
Purpose, intent and definitions.
(1)
The regulations contained in this section shall apply to all electronic message center (EMC) signs and all commercial zoning districts.
(2) DISSOLVE ELECTRONIC MESSAGE CENTER FADE FRAME FRAME EFFECT SCROLL TRANSITION TRAVEL
Definitions. As used in this section, the following terms shall have the meanings indicated:
A mode of message transition on an electronic message display 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 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 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 on an electronic message display applied to a single frame to attract the attention of viewers.
A mode of message transition on an electronic message display where the message appears to move vertically across the display surface.
A visual effect used on an electronic message display to change from one message to another.
A mode of message transition on an electronic message display where the message appears to move horizontally across the display surface.
B.
General requirements.
(1)
Prohibited locations. EMC signs are prohibited in all residential districts, LC Zones, and in the following downtown districts: RA-3, DP-2, RA-2, RD-2 and OS Zones.
(2)
Prohibited sign types. EMC signs are not permitted as canopy or projecting signs. EMC signs are only permitted as wall signs when the development does not have a freestanding or monument EMC sign.
(3)
Size. No more than 50% of the total square footage of any sign may be devoted to EMC signage.
(4)
Quantity. One freestanding, monument or wall EMC is permitted per site or per road frontage if the site fronts more than one road, provided that distance between signs in Subsection B(5) below is maintained.
(5)
Distance between signs. For freestanding and monument EMC signs, a minimum distance of 200 feet, at the shortest distance, shall be required between an EMC and another EMC, except in the downtown form-based code districts where the minimum distance shall be 50 feet.
(6)
Message movement. EMC signage shall be limited to static displays, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes. Once a message has transitioned, the text shall not have movement, or the appearance or illusion of movement, or the flashing, scintillating or varying of light intensity. Animated background images are allowed.
(7)
Message duration. An EMC message shall be displayed for not less than eight seconds.
(8)
Message changes. A minimum of 0.3 second of time with no message displayed shall be provided between each message displayed on the sign. Transitions shall be 0.5 second or less between messages.
(9)
Background color. All text and symbols shall be of light color on a dark background. No white, yellow or pastel backgrounds are permitted.
(10)
Brightness. EMC signs shall be equipped with a sensor or other automatic dimming technology, as certified by the manufacturer, to adjust the brightness of the sign relative to ambient light so that at no time shall a sign exceed a brightness level of 0.3 footcandle over ambient lighting conditions when measured at the recommended distance based on the EMC size. See Attachment 1, Guidance on Determining Sign Brightness.[1]
[1]
Editor's Note: Said attachment is on file in the Town offices.
(11)
Audio. No EMC sign shall include any audio message, music or sound.
(12)
Malfunctions. All EMC signs shall contain a default mechanism that will cause the sign to revert immediately to black screen if the sign malfunctions.
(13)
Weather and Amber Alerts. The owner of the EMC sign is encouraged to register with FEMA and the Amber Alert systems and to display all emergency messages when requested to do so.
§ 167-27.3 Additional requirements and provisions; severability.
A.
Information for Assessor. Before a building permit is issued for any off-premises/advertising sign, the applicant shall provide to the Assessor of the Town of Malta such information concerning the deed, lease or license as is reasonably required by the Assessor for real property tax purposes. The applicant or owner will have an ongoing duty to report the cost of any material improvements to the site. Such information may be exempt from public disclosure pursuant to Public Officers Law § 87(2) or similar provisions of the law.
B.
Severability. If any provision of this chapter or its applications to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, provisions of this chapter are separable.
§ 167-28 Space regulations.
A.
Existing small lots. Notwithstanding the limitations imposed by any other provisions of this chapter, the Board of Appeals may issue a special use permit for the erection of a building on any lot separately owned or under contract of sale and containing, at the time of the passage of this chapter, an area or a width smaller than that required for a permitted use. The minimum side yard requirements are reduced in a proportion to the reduction of lot width over the specified minimum lot width for the district. This provision applies only where the applicant owns one lot, not two or more.
B.
Reduced lot area. No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulations for the district in which said lot is located. Wherever such reduction in lot area occurs, any building located on said lot shall not thereafter be used until such building is altered, reconstructed or relocated so as to comply with the area yard requirement applicable thereto.
C.
Front yard depth. Notwithstanding the limitations imposed by any other provisions of this chapter, each dwelling hereafter erected may have a front yard equal in depth to the average front yard depth of the dwellings within 100 feet adjacent thereto on either or both sides, but no front yard shall be less than 40 feet nor need any front yard have a greater depth than required by the district in which it is located. If there exists no dwelling within 100 feet adjacent on one side, the minimum permissible depth shall be the average of the minimum depth for the district in which it is located and the front yard depth on the other adjacent side.
D.
Reduction in rear yards. When a lot is less than the minimum area prescribed for the district in which it is located at the time of passage of this chapter or subsequent amendments thereto which may affect the area requirement of the particular lot, the rear yard may be decreased 1/4 of the distance that the lot depth is from that depth required to meet the minimum area requirement; provided, however, that no rear yard shall be less than 15 feet in depth except that an accessory building less than 210 square feet in area and 16 feet in height may be as close as six feet from the rear property line.
E.
Corner lot transition. On every corner lot there shall be provided on the side street a side yard equal in depth to the required front yard depth on said side street.
§ 167-29 Off-street parking.
A.
The following motor vehicle parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building which, after the date when this chapter becomes effective, is erected, enlarged or altered for use for any of the following purposes. All parking spaces provided pursuant to this subsection shall be on the same lot with the building, except that the Planning Board may issue special use permits for the parking spaces to be on any lot within 500 feet of the building, if it determines that it is impractical to provide parking on the same lot with the building.
(1)
Apartment house: at least two parking spaces for each dwelling unit in the building or buildings; provided, however, that no front yard shall be used for the open air parking or storage of any motor vehicle.
(2)
Auditorium, stadium, theater or other place of public assemblage: at least 0.3 parking space for each seat provided for its patrons (based on maximum seating capacity).
(3)
Bed-and-breakfast, tourist home, motel, hotel: at least one parking place for each sleeping room.
(4)
Restaurant or other eating place: at least 0.3 parking space for each seat, except when it is in a building which provides parking space, in which case the number of places already provided may be taken to be available for the restaurant or other eating place.
(5)
Retail stores and home occupation: at least one parking space for each 100 square feet of store floor area.
(6)
Business or professional office buildings: at least one parking space for each 300 square feet of office floor area.
(7)
Industrial or manufacturing establishments: at least 0.8 parking space for each worker.
(8)
Funeral home: at least 15 parking spaces, plus space for all employee and resident personnel cars.
(9)
Dwelling: at least two parking spaces for each dwelling unit.
(10)
Physician's, dentist's or surgeon's office: at least four parking spaces for each physician, dentist or surgeon who maintains an office in the building, plus one for each employee.
(11)
Church or place of worship: at least 0.3 parking space for each seat in the main assembly room.
(12)
School: at least two parking spaces for each elementary classroom and four parking spaces for each high school classroom.
(13)
Public library or museum: at least one parking space for each 200 square feet of public building area.
(14)
Club or lodge: at least one parking space for each 100 square feet of building area.
(15)
Golf, country or swim club: parking adequate on site to handle all activities.
§ 167-30 Water and sanitary facilities.
§ 167-31 Traffic hazards.
A.
Visibility at intersections. On a corner lot, no fence, wall, hedge or other structure or planting more than two feet in height above the grade of the street shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 50 feet distant from the point of intersection, measured along said street lines.
B.
Distracting lights. No artificial lights or reflecting devices shall be located or displayed where such lights or devices interfere with or compete for attention with traffic signals or divert the attention of operators or motor vehicles or otherwise create traffic hazards.
§ 167-32 Unlicensed vehicles.
A.
No more than one unlicensed vehicle may be stored on any lot. No unlicensed vehicle shall be stored on any lot for a period of time more than one month, nor shall any unlicensed vehicle be stored in the front yard of any lot. An unlicensed vehicle may, in the discretion of the Zoning Board of Appeals, be stored on a lot for a period of time longer than one month, and more than one unlicensed vehicle may, in the discretion of the Zoning Board of Appeals, be stored on a lot, but only upon the issuance of a permit by the Zoning Board of Appeals. Any such special use permit shall be valid for a period of six months and may be renewed, in the discretion of the Zoning Board of Appeals, for additional periods of six months each.
B.
This section shall not apply to vehicles regularly used on the premises for agricultural purposes, nor where the storage is otherwise allowed by any other section of this chapter.
§ 167-33 On-lot turnaround space.
Sufficient on-lot turnaround space for automobiles and light trucks shall be provided in all districts and for all uses where vehicular access is on a state or County highway.
§ 167-34 Individual travel trailers and motor homes.
Travel trailers or motor homes may be located and/or occupied as follows:
A.
For up to four weeks in any twelve-consecutive-month period, upon obtaining a permit from the Town Building Department; or
[Amended 12-5-2005 by L.L. No. 12-2005]
B.
For up to six months in any twelve-consecutive-month period, upon obtaining a permit from the Town Building Department, which permit shall not be granted without verification of a sanitary hookup and without receipt of a special use permit and certificate of occupancy. Such a permit shall be granted only to provide a temporary residence for an individual or individuals constructing a permanent residence within the Town for their own occupancy. No travel trailer or motor home may be located and/or occupied within the Town of Malta for a period in excess of six months without an extension of such special use permit, and no such extension shall be granted absent a showing that reasonable progress has been and is being made in the construction of such residence.
C.
Nothing herein shall be construed to prohibit the storage of unoccupied travel trailers or motor homes on the owner's property, provided such placement is otherwise consistent with law.
§ 167-35 Antennas.
A.
No person shall cause, suffer or permit the erection and/or maintenance of any antenna upon any lands owned by them within the Town of Malta unless in conformity with the provisions herein set forth. The erection and/or maintenance of any antenna which is not in conformity with the provisions herein set forth will not be permitted unless a special use permit has been obtained from the Zoning Board of Appeals of the Town of Malta as provided for in this section.
(1)
Location. The antenna shall be confined to the rear yard of any lot and shall be ground level, or when roof-mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot, and no part thereof shall project above the ridgeline.
(2)
Structure size. The antenna shall be not more than 15 feet in diameter.
(3)
Height. The antenna shall be not more than 15 feet maximum height, measured vertically from the highest point of the antenna or dish when positioned for operation to the base which supports the antenna.
(4)
Landscaping/screening requirements. A minimum side and rear yard setback of 15 feet from adjacent property owners and streets is required.
(5)
Mounting or installation standards. The antenna shall be properly mounted to stay in place and to withstand wind load and ice.
(6)
No more than one satellite antenna shall be permitted on any one lot, and the antenna shall be located in the same site as it services.
B.
Upon application for a special use permit pursuant to this section, the applicant must submit the following information:
C.
In passing upon applications made pursuant to this section, where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this section, the Board of Appeals may vary or modify any of the provisions of this section so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. In granting any such variance, said Board shall prescribe any conditions that it deems to be necessary, desirable or appropriate. In granting such a variance, the Board must make the same findings and follow the same procedure as set forth for the granting of variances in § 167-38.
D.
The term "antenna," for the purposes of this section, shall include any device used for the reception or transmission of radio or television signals and shall include any tower or other structure necessary to support such device. The term shall not include, however, an ordinary antenna for the direct reception of television or radio signals directly from the individual sources of transmission of said television or radio signals.
§ 167-35.1 Outbuildings.
Outbuildings may only be erected or placed on residential or commercial property within the Town in accordance with this article. This section does not apply to agricultural uses.
A.
For purposes of this chapter, an "outbuilding" is defined as any permanent or nonpermanent structure detached from the largest structure on a lot, including, but not limited to, a garage, gazebo, storage shed, or boathouse.
B.
Up to two outbuildings of up to 210 square feet each (not exceeding one story or 10 feet at the eaves line in height measured from final grade, and not exceeding 16 feet in total height) may be located on a lot without a building permit or variance, except that there may not be two sheds on the same lot without a variance.
C.
Outbuildings of 210 square feet or less shall have a minimum side and rear setback of five feet; the front setback to be as prescribed by the zone. Those outbuildings greater than 210 square feet shall meet all setbacks of the zone.
[Amended 10-2-2006 by L.L. No. 12-2006]
D.
All other language herein notwithstanding, in the R-4 Zone outbuildings may not be over 100 square feet in total floor area and may not exceed eight feet at eaves level from final grade and may not exceed 11 feet total height. Rear and side setbacks shall be a minimum of three feet. There may be only one such building on any lot.
E.
A variance must be obtained to erect any outbuilding not otherwise allowed by this article.
§ 167-35.2 Swimming pools.
A.
A pool edge shall be set back at least 10 feet from each side property line and the rear property line.
B.
Locking gate(s) for access through the fence shall be provided. Such locking gates shall be kept locked when not under direct supervision of an eighteen-year-or-older individual.
C.
A pool shall not be within 10 feet of any power line.
D.
It shall be required that all pool fences meet code.
E.
The definition of a "pool" will be the definition from the New York State Uniform Fire Prevention and Building Code, and the same may be amended from time to time.
F.
All portions of the New York State Uniform Fire Prevention and Building Code which are applicable to pools, and are not in conflict with the regulations set forth above, will remain in full force and effect.
§ 167-35.3 Northway buffer.
[Added 7-2-2007 by L.L. No. 13-2007]
There shall be a buffer strip of 300 feet from the edge of the pavement of the Adirondack Northway (Interstate 1-87). Within this buffer strip no sign or any type of structure may be constructed. Stormwater and utility infrastructure shall be allowed within the buffer strip, but are not relieved of any obligation to obtain a soil disturbance permit. Agricultural uses are permitted within the buffer strip, except that no structures may be erected. Lands within the buffer strip that are usable or unconstrained may be used for green space, and will be used towards the usable green space calculation as part of any project.
§ 167-35.4 Lighting.
[Added 9-18-2017 by L.L. No. 8-2017]
A.
Purpose; effect on inconsistent provisions.
(1)
The Town of Malta has enacted this section to regulate the installation of outdoor lighting in order to achieve the following purposes:
(a)
To permit reasonable uses of outdoor lighting to enhance safety, security, commerce and enjoyment;
(b)
To minimize adverse off-site impacts from new and existing lighting installations;
(c)
To protect the residents and surrounding environment from the effects of light pollution;
(d)
To promote energy efficient and sustainable lighting practices and luminaires; and
(e)
To protect the Town's nighttime ambience and rural and historic character.
(2)
The provisions of this article supersede inconsistent provisions of the Town Code.
B. ESSENTIAL LIGHTING FOOTCANDLE (FC) FULL CUTOFF (FCO) FULLY SHIELDED GLARE ILLUMINANCE LIGHT POLLUTION LIGHT TRESPASS LIGHT, DIRECT LIGHT, INDIRECT LIGHTING, OUTDOOR LUMEN LUMINAIRE NONESSENTIAL EXTERIOR LIGHTING SKY GLOW
Definitions. As used in this section, the following terms shall have the meanings indicated:
Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes.
The basic unit of illuminance (the amount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one-foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters.
A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoff design, allows a restricted amount of light emitted above the horizontal, and a noncutoff provides no restriction against light emitted above the horizontal.
A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report.
Unshielded direct light from a light source that results in light shining in the eyes in such a manner to impair the ability to see other objects.
The intensity or amount of light falling at a given place on a lighted surface, expressed in lumens per square meter and footcandles per square foot.
Stray or reflected light that is emitted into the atmosphere above the ninety-degree horizontal plane from the luminaire, or which can or does cause sky glow.
Direct light from an artificial light source on one property that is intruding into an area where it is not wanted or does not belong.
Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
Direct light that has been reflected or has scattered off of surfaces other than those associated with the light fixture.
The nighttime illumination of an outside area or object by any manufactured device located outdoors that produces light by any means.
A metric unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage.
A complete lighting system, including a light source component (lamp or lamps that produce the actual light) and a fixture.
Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours).
Brightness of the night sky as a result of artificial light which is emitted upward by luminaires.
C.
Applicability.
(1)
Where there is a conflict between this section and state or federal regulations, the standards of the higher authority shall apply. Unless otherwise indicated, single- and two-family residential uses are exempt from this section.
(2)
New installations. All outdoor lighting installed after the effective date of this section shall conform to the standards set forth herein. Special regulations govern lighting of signage. All signs shall comply with the lighting provisions of § 167-27 of the Zoning Code or Section 5.3, Signs, of the Form-Based Code, as applicable.
(3)
Nonconforming outdoor lighting. No replacement or installation of new lighting fixtures or poles shall be permitted unless in conformance with this section. All outdoor lighting fixtures installed prior to adoption of this section shall be brought into compliance with the provisions of this section when part of a site plan or project plan submittal or renovation where more than 50% of the existing nonconforming lighting will be changed or replaced.
(4)
Town compliance. All government-owned and- operated properties and facilities shall be brought into conformance with the provisions of this section when a luminaire replacement is made or when funding becomes available to undertake a comprehensive lighting replacement program.
(5)
Lighting districts. All street lights owned and maintained by the Town shall be replaced in accordance with Subsection C(4) above. All lights owned and maintained by a utility company shall be brought into conformance with the provisions of this section when a luminaire or pole replacement is made.
D.
General requirements for all zoning districts. All new, retrofitted, refurbished and/or modified outdoor lighting that is installed in the Town of Malta shall be the minimum necessary, in both number of luminaires and intensity of light, to achieve the intended purpose of the lighting, and shall meet the following standards, as relevant:
(1)
Submission of plans. Projects shall submit all information necessary for the Building and Planning Department and those with review authority to be able to determine compliance with this code. The submission shall contain the following, as required:
(a)
Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture.
(b)
Location and use of adjacent properties.
(c)
Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including, but not limited to, catalog cut sheets by manufacturers and drawings (including sections, where required), glare reduction/control devices, on-off cycle control devices, and mounting devices.
(d)
Photometric data showing an isolux/isofootcandle plot or lux/footcandle grid that demonstrates intensities and uniformity of light emissions.
(e)
Statement of the proposed hours and days of the week when the luminaires will be on and when they will be extinguished.
(f)
Additional information that the review authority determines is necessary.
(2)
Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed after approval has been issued, a change request shall be submitted to the appropriate review authority for revised approval.
(4)
Time controls. Night lighting, after business hours, shall be limited to that necessary for site security.
(6)
Lighting fixtures for building security or aesthetics and any display purposes shall be:
(a)
Full cutoff or fully shielded/recessed.
(7)
Where outdoor playing fields or other special outdoor activity areas are to be illuminated, lighting fixtures shall be specified, mounted and aimed so that:
(8)
The maximum light level of any light fixture must not exceed 0.1 footcandle measured at the property line at any given point for adjacent commercial property and 0.05 footcandle measured at the property line at any given point for adjacent parcel with residential zoning or a residential use. Commercial exception applies where commercial uses are directly adjacent and require similar lighting, such as in areas of shared parking and drive aisles.
(9)
The height of pole-mounted luminaires, except streetlights in public rights-of-way, shall be the minimum necessary to provide adequate illumination, but the light source shall not exceed a height of 14 feet in pedestrian areas and 18 feet in areas of vehicular use (parking lots and drive aisles), as measured from the bottom of the light source. Luminaires attached to the building shall be limited to the height necessary for illumination of entrances or locations not served by pole lighting. In no case shall a building fixture be mounted on the roof.
(10)
LED lighting shall be 3,000 Kelvin or lower to provide good visibility and a warm lighting color.
(11)
Illuminance and uniformity. Parking lots shall have an average lighting level at or below one footcandle. High-security areas shall have lighting levels of no more than five footcandles, and two to five footcandles is the recommended range. Pedestrian walk areas shall have a minimum light level of 0.2 footcandle. Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed.
(12)
Exemptions. The following forms of lighting are exempted from the requirements of the lighting regulations:
(a)
Temporary circus, fair, carnival, religious, historic or civic uses.
(b)
Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.
(c)
Temporary holiday lighting for no more than two months per year.
(d)
Lighting that is considered a landscape design element or is integral to the aesthetic value of the design, as determined by the Planning Board or other review authority.
E.
Architectural and landscape lighting.
(1)
All fixtures shall be aimed and/or shielded to illuminate only the target area such that no stray light from the luminaire passes above the horizontal plane.
(2)
Upward aimed facade and building lighting shall be fully shielded and fully confined from projecting into the sky by the building eaves, roofs, overhangs or structures and shall be mounted as flush with the illuminated wall as possible.
F.
Canopy and service lighting. Outdoor sales and gas station service canopy lighting shall be aimed downward and installed such that the center of the fixture's luminous opening is flush with or recessed into the canopy ceiling. All lighting from the canopy must be substantially confined to the ground area directly beneath the perimeter of the canopy. All exterior lighting for canopies and/or service areas shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves on the principal building or at ground level in the landscaping. Exterior lighting shall be arranged and shielded so there shall be no glare or reflections onto adjacent properties or street rights-of-way.
G.
Residential subdivision pedestrian areas. All roads built as part of a major subdivision shall have pedestrian lighting where sidewalks are located as required by § 143-13.1, Sidewalks, and § 167-48, Standards for open space development, or as required by the PDD legislation. Lighting shall meet the above general standards for design, and shielding shall be provided to eliminate light trespass on adjacent homes and yards. Lighting levels for pedestrian walks shall have a minimum lighting level of 0.2 footcandle.
H.
Inspections and enforcement.
(1)
Inspections. The Town Code Enforcement Officer or Town's designated representative is responsible for conducting post-installation nighttime inspection to verify compliance with the provisions of this section and, if appropriate, to require remedial action.
(2)
Enforcement. This section shall be enforced by the Town Code Enforcement Officer, who shall interpret, administer, and enforce its provisions. The Code Enforcement Officer shall investigate suspected violations and issue notices of violation requiring corrective action. Violations of this section which are not corrected within 30 days shall be punishable by a fine of $100 per violation per week, not exceeding $350 or imprisonment for a period not to exceed six months, per violation.