Milo Town City Zoning Code
PART 5
Sign Control
§ 350-104 Intent.
These regulations balance the need to protect the public safety and welfare, the need for a well maintained and attractive community, and the need for adequate identification, communication and advertising. The regulations for signs have the following specific objectives:
A.
To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare; and
B.
To allow and promote positive conditions for sign communication; and
C.
To reflect and support the desired ambience and development patterns of the various zoning districts and promote an attractive environment; and
D.
To allow for adequate and effective signs whose dimensional characteristics further the interests of public safety and the needs of the motorist, where signs are viewed from a road; and
E.
To ensure that the constitutionally guaranteed right of free expression is protected.
§ 350-105 Applicability.
The requirements of this Part 5 apply to all signs located at a lot of record that is within the Town, which is outside the Village of Penn Yan. Additionally, this Part 5 is supplemental to the regulations of the particular zoning district in which a sign may be located and any other applicable regulations prescribed in this chapter. Exemption(s):
A.
The requirements of this Part 5 may be modified by the designated approval authority as part of any planned unit development where alternative materials, design, or types of signage are proposed that meet or exceed the quality and purpose of this Part 5.
B.
Signs regulated by the NYS Sign Program, for which the AHJ is NYSDOT.
C.
Signs installed within an NYS right-of-way, for which the AHJ is the NYSDOT.
D.
Signs installed within a county airport, for which the AHJ is the county.
E.
Signs installed within a county right-of-way, for which the AHJ is the County Highway Superintendent.
F.
Signs installed within a Town right-of-way, for which the AHJ is the Town Board.
G.
Signs installed within a railroad right-of-way, for which the AHJ is the applicable railroad company.
§ 350-106 Authority.
This Part 5 is adopted pursuant to Article 2 of the Municipal Home Rule Law of NYS, as currently in effect and as hereafter amended from time to time.
§ 350-107 Substitution clause.
Notwithstanding anything contained in this chapter to the contrary, any sign erected pursuant to the provisions of this chapter or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign and provided that the standards prescribed in this Part 5 have been satisfied.
§ 350-108 Federal Lanham Act.
Federally registered trademarks may be included on signs without restriction to its design.
§ 350-109 Specific definitions.
The following terms are specific to signs as regulated by this Part 5:
ABANDONED SIGN
A sign which, for a period of at least one year or longer, no longer identifies or advertises an ongoing business, product, location, service, idea or activity conducted on the premises on which the sign is located. Exemption(s):
A.
Off-premise advertising signs that do not contain any advertising copy due to the lack of a lease or rent of such signs, but are being maintained in accordance to this Part 5.
 Figure 86 - Abandoned Sign |
ALTERATION
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.
BANNER
A temporary sign constructed of a strip of cloth, paper, plastic, or other flexible material upon which copy is written and which is supported between poles or sticks or fastened to buildings or other structures.
BUILDING FRONTAGE
The total length in linear feet of the portion of a building that fronts directly on a road. Buildings with no road frontage shall use the linear feet of the portion of a building that has its principal entrance.
CANOPY SIGN
An on-premises sign attached to or made a part of a canopy; a canopy being a permanent structure which is made of cloth, metal or other approved materials, whether attached or unattached to a building, for the purpose of providing shelter or as a decorative feature. For clarification purposes, an awning sign shall be classified as a canopy sign. Lastly, please refer to Appendix A for examples of awning and canopy signs.[1]
CHANGEABLE MESSAGE CENTER, ELECTRONIC (EMC)
An on-premises, electronically activated changeable permanent sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location.
 Figure 87 - Electronic Changeable Message Center |
CHANGEABLE MESSAGE CENTER, MANUAL
An on-premises, permanent sign that is changeable by manual (nonelectronic) means that is composed of individual letters panel-mounted in or on a track system.
 Figure 88 - Manual Changeable Message Center |
COMMERCIAL MESSAGE
A message that identifies a business or advertises a product. This term is also known as "commercial speech."
CONSTRUCTION SIGN
A temporary sign identifying the persons, firms or business directly connected with a construction project.
 Figure 89 - Construction sign |
DIRECTIONAL SIGN
An on-premises, permanent instructional sign directing or guiding pedestrian and/or vehicular traffic onto the property and/or toward parking or other identified locations on the lot of record.
 Figure 90 - Directional Sign |
FREESTANDING SIGN
An on-premises, permanent sign that is not attached to a building or structure. Please refer to Appendix A for examples of freestanding signs.[2]
GOVERNMENTAL SIGN
An on-premises sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.
 Figure 91 - Government Sign |
GROSS SIGN AREA
The total area of all signs located on a lot of record.
HEIGHT
The vertical distance from the grade plane immediately under a sign to the highest point of a sign structure, but shall not include architectural embellishments. Additionally, the ground shall not be altered for the sole purpose of providing additional height for a sign.
HOLIDAY DECORATIONS
Signs or displays including lighting which are a nonpermanent installation celebrating local, national, religious, state and other holidays or holiday seasons.
HOME OCCUPATION SIGN
A freestanding sign or wall sign that identifies a permitted home occupation.
 Figure 92 - Home Occupation Sign |
IDENTIFICATION SIGN
An on-premises, permanent sign containing the name or address of a building and may include hours of operation and emergency information.
 Figure 93 - Identification Sign |
ILLUMINATED SIGN
A sign illuminated by a light source. Such a sign shall be classified as either:
A.
ILLUMINATED SIGN, EXTERNALLY
A sign illuminated by an external light source. Such source cannot be a device that changes color, flashes, or alternates. Figure 94 - Externally Illuminated Sign |
B.
ILLUMINATED SIGN, INTERNALLY
A sign illuminated by an internal light source. Figure 95 - Internally Illuminated Sign |
INSTRUCTIONAL SIGN
An on-premises, permanent sign clearly intended for instructional purposes shall not be included in the permitted sum of the sign area, provided such sign is not larger than necessary to serve the intended purpose.
 Figure - Instructional Sign |
INTERIOR SIGN
Any sign placed within a building, but not including window signs. Interior signs, with the exception of window signs, are not regulated by this Part 5.
LANDMARK SIGN
An on-premises sign or visual element that is designated by the Zoning Board of Appeals as having historic and/or architectural significance. A landmark sign shall be at least 50 years old unless such board makes a finding that a newer sign that contains historic and/or architectural significance should be designated to protect it.
 Figure 97 - Landmark Sign |
MARQUEE
A permanent canopy that is designed by a registered design professional that extends more than two feet from part or all of a building face, which may or may not project over a public right-of-way.
MARQUEE SIGN
Any on-premises sign painted on or attached to or supported by a marquee.
 Figure 98 - Marquee Sign |
MULTITENANT SIGN
An on-premises freestanding sign used to advertise businesses that occupy a shopping center or complex with multiple tenants.
MURAL
A type of public art that is typically a hand-painted, hand-tiled, or digitally printed image on the exterior wall of a building that does not contain any commercial message.
NONCOMMERCIAL MESSAGE SIGN
Any sign containing a political, philosophical, religious or other message not used for commercial purposes and not made in furtherance or promotion of a commercial product, service or enterprise.
NONCONFORMING SIGN
A sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this Part 5.
OFF-PREMISES SIGN
An outdoor sign whose message directs attention to a specific business, product, service, entertainment event or activity, or other commercial or noncommercial activity, or noncommercial message about something that is not sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located. Such a sign shall be classified as either:
A.
OFF-PREMISES SIGN, ADVERTISING
Any sign advertising a product, service, business or activity sold, located or conducted elsewhere than on the lot of record in which such sign is located. Figure 99 - Off-Premises Sign, Advertising |
B.
OFF-PREMISES SIGN, DIRECTIONAL
Any sign indicating the location of or directions to a business, office or other activity located or conducted elsewhere than on the lot of record in which such sign is located. Figure 100 - Off-Premises Sign, Directional |
ON-PREMISES SIGN
An outdoor sign whose message and design relates to an individual business, profession, product, service, event, point of view, or other commercial or noncommercial activity sold, offered, or conducted on the same property where the sign is located.
PERMANENT SIGN
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.
POLITICAL SIGN
A temporary sign identifying, either singly or combined, a political candidate, slate of candidates, issue, or party. These signs are used or intended to be used for the display of any announcement, advertisement or notice of any individual candidate or slate of candidates for any public office or similar political purposes.
 Figure 101 - Political Sign |
PROJECTING SIGN
An on-premises building-mounted sign with the faces of the sign perpendicular to the building fascia. Please refer to Appendix A[3] for examples of projecting signs.
PUBLIC ART
Art in any media that has been planned and executed with the intention of being staged in the physical public domain, which is typically outside and accessible to all, and does not contain a commercial message.
 Figure 102 - Public Art |
REAL ESTATE SIGN
A temporary sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominiums and similar units, or apartments. Such signs may include building name and address, price and amenities, identity of seller or broker, and similar information.
 Figure 103 - Real Estate Sign |
ROOF SIGN
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. Please refer to Appendix A as well as Appendix C of this chapter for examples of roof signs and the difference between roof and wall signs.[4]
SIGN
Any device visible from a public way whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. In addition, a sign shall include its sign structure for the purposes of this article. Lastly, noncommercial flags or any other flags will not be considered to be signs.
SIGN AREA
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. Please refer to Appendix B[5] of this chapter for computational methodology for various sign area configurations.
SIGN COPY
The letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals and/or letters identifying an address.
SIGN FACE
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. Please refer to Appendix B[6] of this chapter for sign face computational illustrations.
A.
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.
B.
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.
C.
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.
SIGN STRUCTURE
The aboveground poles, beams, columns, posts, foundations and/or framing providing structural support for the sign face.
 Figure 104 - Sign Structure |
SPECIAL EVENT
An event of temporary and limited duration, including, by way of example and not limitation, yard sales, sidewalk and boardwalk sales, special promotions, and public events.
SPECIAL EVENT SIGN
A temporary sign that is used to advertise or promote a special event.
 Figure 105 - Special Event Sign |
TEMPORARY SIGN
Any nonpermanent sign that is temporary in nature and displayed in conjunction with a specific activity, as opposed to a sign which, under this Part 5, may be displayed on a permanent or indefinite basis. Types of temporary signs include, but are not limited to: real estate signs, construction signs, development signs, banners, pennants, flags, and streamers, inflatable displays, special event signs and yard sale signs.
VEHICLE SIGN
A sign attached to or painted on a vehicle parked and visible from the public way, unless such vehicle is used for transporting people or materials in the normal operations of the business and it is properly parking in a designated parking space. Signs attached to trailers or inoperable vehicles are presumed to be vehicle signs if they are parked in plain view from a public way. Bumper stickers are not vehicle signs.
 Figure 106 - Vehicle Sign |
WALL SIGN
An on-premises sign mounted on a building elevation with the face of the sign parallel to such elevation. Please refer to Appendix A[7] for examples of wall signs.
WARNING SIGN
An on-premises or temporary sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., "no trespassing," "no hunting allowed," etc.).
 Figure 107 - Warning Sign |
WINDOW SIGN
An on-premises sign affixed in any manner to a window such that it is intended to be viewable from the exterior. This term does not include merchandise located inside of a building or structure that is within close proximity of a window.
 Figure 108 - Window Sign |
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
[4]
Editor's Note: Said appendixes are included as attachments to this chapter.
[5]
Editor's Note: Appendix B is included as an attachment to this chapter.
[6]
Editor's Note: Appendix B is included as an attachment to this chapter.
[7]
Editor's Note: Appendix A is included as an attachment to this chapter.
§ 350-110 Compliance required.
No sign shall be erected, moved, or altered, except as otherwise allowed in accordance to this Part 5, unless and until a certificate of zoning compliance for such work has been obtained.
§ 350-111 Exempt signs.
The following signs shall be exempt from regulations prescribed within this Part 5 but may be subject to other laws enacted by an AHJ where applicable:
A.
Business hours signs.
B.
Closed/open signs.
C.
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.
D.
Emblems, flags and insignia of government agencies, religious, charitable, public or nonprofit organizations.
E.
Governmental signs.
F.
Identification signs.
G.
Instructional signs.
H.
Interior signs.
I.
Livestock breed and/or crop/seed identification signs.
 Figure 109 - Crop/Seed Identification Sign |
J.
No vacancy/vacancy signs.
K.
Noncommercial message signs.
L.
Painted and/or applied wall accents and decorations.
M.
Public art, except for murals.
N.
Religious symbols and holiday decorations/displays within the appropriate holiday season, which shall include lighting.
O.
Safety signs.
P.
Security and warning signs.
Q.
Signs in cemeteries designating graves and/or memorials.
R.
Signs incorporated into machinery or equipment by a manufacturer or distributor which identifies or advertises only the product or services dispensed by the machine or equipment, such as signs integrated into the design of vending machines, newspaper racks, telephone booths and gasoline pumps.
S.
Temporary signs.
T.
Utility line identification and location signs.
U.
Window signs.
§ 350-112 Prohibited signs and design elements.
The following signs and their associated design elements shall be prohibited within the Town:
A.
Prohibited signs. The following signs are prohibited in all areas of the Town:
(1)
Abandoned signs.
(2)
Animated or moving signs that are visible from public rights-of-way, including any moving, swinging, rotating, flashing, blinking, scintillating, fluctuating, or otherwise animated light. Exemption(s):
(a)
Electronic changeable message centers.
(b)
Landmark signs.
(3)
Roof signs.
(4)
Signs that contain the following content:
(a)
Text or graphics that are obscene as defined and regulated by § 235.05 of the Penal Law of NYS, as currently in effect and as hereafter amended from time to time; or
(b)
Text or graphics that display offensive sexual material as defined and regulated by § 245.11 of the Penal Law of NYS, as currently in effect and as hereafter amended from time to time.
(5)
Signs that have more than two sign faces.
(6)
Signs that prevent free ingress or egress from any door, window, fire escape or that prevent free access from one part of a roof to any other part. No sign shall be attached to a fire escape or components of a fire protection system (e.g., sprinkler and standpipe systems). Exemption(s):
(a)
Signs mandated by the Uniform Code.
(7)
Signs or sign structures that, by reason of their size, shape, design, location, content, coloring, or manner of illumination, constitute a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, by obscuring or otherwise physically interfering with any official traffic control device, or which may be confused with an official traffic control device. No rotating beacon, beam, or flashing illumination resembling an emergency light shall be used in connection with any sign or sign structure. No words such as "stop," "look," "danger," or any words, phrases, symbols, or characters which in any manner may interfere with, mislead, or confuse vehicle operators shall be used in a location that is visible to vehicular traffic. No sign shall be located in such a manner as to impede a vehicle operator's line of sight (AKA "visibility triangle") at a road intersection.
(8)
Sign or sign structures that violate any provision of any local, state or federal law relative to outdoor advertising.
(9)
Vehicle signs.
B.
Prohibited design elements of a sign or sign structure. The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent:
(1)
Bare light bulbs. Exemption(s):
(a)
Landmark signs.
(2)
Elements that cause interference with radio, telephone, television or other communications transmissions.
(3)
Flashing lights. Exemption(s):
(a)
Changeable message centers, electronic.
(b)
Landmark signs.
(4)
Mirrors and/or reflective materials or signs which produce light of such brightness as to constitute a hazard.
(5)
Vehicles, unless:
(a)
The vehicles are functional, used for their intended design as a vehicle, and have current registration and tags; and
(b)
The display of signage is incidental to the vehicle use; and
(c)
The vehicle is properly parked in a parking space or it is not visible from a public way.
(6)
Semitrailers, shipping containers, or portable storage units, unless:
(a)
The trailers, containers, or portable storage units are functional, used for their primary storage purpose, and, if subject to registration, have current registration and tags; and
(b)
The display of signage is incidental to the use for temporary storage, pickup, or delivery; and
(c)
The semitrailer is parked in a designated loading area or on a construction site at which it is being used for deliveries or storage.
(7)
Sound, smoke, or odor emitters.
(8)
Stacked products (e.g., tires, soft drink cases, bagged soil or mulch).
(9)
Spinning or moving parts.
(10)
Unfinished or untreated wood support structures.
§ 350-113 Nonconforming signs.
A.
General provisions. Any sign legally existing at the time of the passage of this chapter that does not comply with the applicable provisions of this chapter shall be classified as a nonconforming sign. A nonconforming sign shall not be altered, modified or reconstructed except:
(1)
When such alteration, modification or reconstruction would bring such sign into conformity with the applicable provisions of this chapter;
(2)
When the existing use has new ownership that results in a change in the name and/or logo of the use or business on the property, and such changes comply with Subsection A(4) of this section;
(3)
When the space is reoccupied by a similar use and the new occupant requires no external building or site renovations, and such changes comply with Subsection A(4) of this section; or
(4)
Any alteration, modification or reconstruction permitted in this section shall be limited to the replacement of a sign panel, replacing individual letters and logos within the same area or repainting a sign face, and does not permit changes to the structure, framing, erection or relocation of the sign unless such changes conform to Subsection A(1) of this section.
B.
Limitations on nonconforming signs. A nonconforming sign shall be removed upon verification that the use to which such nonconforming sign refers has been abandoned for more than one year, which would classify such sign as an abandoned sign.
C.
Ownership. The status of a nonconforming sign is not affected by changes in ownership.
D.
Repair and maintenance. A nonconforming sign or sign structure that has nonconforming elements may be removed temporarily to perform sign maintenance or sign repair.
E.
Unintentional destruction. When a nonconforming 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.
§ 350-114 Construction, engineering and maintenance standards.
A.
Construction standards.
(1)
Signs shall be constructed of durable materials, designed to withstand predictable dead and live loads, and erected so as not to sustain damage and deterioration from the elements.
(2)
If possible, signs should not be in locations that obscure architectural features, such as pilasters, arches, windows, cornices, etc.
(3)
No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress.
(4)
Only single- or double-faced signs shall be allowed in the Town.
B.
Engineering standards.
(1)
Signs, sign structures, sign foundations and other methods to attach and anchor signs shall be designed and constructed in accordance with applicable provisions of the Uniform Code. All signs and their foundations and attachments shall be designed for the appropriate wind and snow loads for the geographic area in question.
(2)
The Code Enforcement Officer may require construction documents for a sign to be prepared and sealed by a registered design profession if such sign is being attached to an existing building and/or structure.
C.
Maintenance. All signs shall be maintained in accordance with the following:
(1)
Every sign, which shall include the sign structure, shall be kept in a state of good repair and safe condition, including the replacement of defective parts, painting, cleaning and other acts required for the maintenance of such sign.
(2)
A maintained sign is a sign that meets all of the following criteria:
(a)
All sign faces, supports, braces, guys and anchors are kept in good repair.
(b)
There is no evidence of deterioration, including rust, corrosion, dirt, fading, discoloration or holes.
(c)
The sign does not have broken or missing sign faces or letters.
(d)
There is no evidence of deteriorated (i.e., chipped, flaking and/or peeling) paint.
(e)
There are no missing or inoperative lights.
(3)
Whenever any sign, either conforming or nonconforming to the provisions of this Part 5, is required to be removed for the purpose of general repair, relettering or repainting, the same may be done without a certificate of zoning compliance ,provided that there is no enlargement or increase in any of the dimensions of the sign or its structure.
(4)
When, for whatever reason, a sign is permanently removed from a building, pole, ground support, etc., all supporting devices shall also be removed. This may include, but is not limited to, brackets, pole, chains, posts, beams, slabs of bases, etc. Such supporting devices shall be removed at the time that the sign is removed.
§ 350-115 Electrified signs.
A.
Lighting fixtures and wiring shall conform to the requirements of the NEC, as currently in effect and as hereafter amended from time to time, and other applicable codes and regulations, and all electrified signs shall bear the Underwriters' Laboratories label or approved equal. Further, all electrical connections for a sign shall be inspected and approved by an approved agency. Any liability, errors, and omissions directly related to such inspections are shared by the installer of the electrical installations and the approved agency, not the Town or any of its employees.
B.
Transformers, wires and similar items shall be concealed.
C.
All wiring to freestanding signs shall be underground.
§ 350-116 Height of a sign.
A.
Maximum height of a sign. The maximum height of a sign shall comply with the following table:
Table 4 — Maximum Height of a Sign | |
|---|---|
Zoning District | Maximum Height of a Sign (feet) |
Agriculture | 15 |
Agricultural Residential | 15 |
Commercial | 15 |
Hamlet | 10 |
Lakefront Commercial | 15 |
Lakefront Recreational | 15 |
Lakefront Residential | 10 |
Light Industrial | 15 |
(1)
Exemption(s):
(a)
Height of signs as mandated by law.
(b)
Wall signs are permitted to exceed the maximum height described within the above table but shall not project above the highest point of the building's wall where such sign is proposed to be affixed.
B.
Measurement. The height of a sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. A sign on a man-made base, including a graded earth mound, shall be measured from the grade of the nearest surface of approximately flat ground, or a parking and/or road surface.
 Figure 110 - Example on How to Measure the Height of a Sign |
(1)
Exemption(s):
(a)
Where a sign is mounted along a public road and within 25 feet from the edge of its right-of-way, the height of a sign shall be measured from the top surface at the center line of such road up to the highest point of such sign. In situations where a sign is intended to be visible from two or more public roads that have different elevations, the measurement shall be taken from the top surface at the center line of the lowest public road.
 Figure 111 - Example on How to Measure the Height of a Sign Along a Road |
§ 350-117 Illuminated signs.
A.
General. Illuminated signs shall be permitted in any zoning district and accomplished by means of shielded light sources or in such other manner that no glare shall extend beyond the lot lines of the lot of record upon which such signs are located, and no glare shall disturb the vision of passing motorists or constitute a hazard to traffic. Furthermore, illumination shall be steady in nature, not flashing, moving or changing in brilliance, color or intensity. Lastly, illuminated signs do not constitute a form of outdoor lighting and are exempt from any other outdoor lighting regulations that the Town has adopted, or will adopt in the future. Exemption(s):
(1)
Internally illuminated signs are prohibited in the Lakefront Residential (LRES) Zoning District.
B.
Architectural lighting and embellishments. The following shall be allowed in any zoning district and shall not be considered signs if and only if they contain or include no words, graphics, logos or trademark symbols:
(1)
Tubes or strips of lights that outline a building or a part thereof;
(2)
Lighting that highlights part of a building; and/or
(3)
Architectural embellishments such as but not limited to special rooflines, parapets, building extensions or accessories.
C.
Bare bulb illumination. Illumination by bare bulbs is prohibited unless it is a landmark sign.
D.
Externally illumined signs. External lighting fixtures used to illuminate a sign shall be mounted on the top of the sign structure and its illumination directed upon the sign. Bottom-mounted sign lighting is prohibited.
 Figure 112 — Example of an Externally Illuminated Sign |
E.
Internally illuminated signs. Internally illuminated signs shall be constructed of translucent materials and wholly illuminated from within. Dark backgrounds with light lettering or symbols are preferred but not mandatory in order to minimize detrimental effects.
 Figure 113 - Background and Lettering or Symbols at Internally Illuminated Signs |
§ 350-118 Number of signs.
The maximum number of signs permitted for a use shall comply with the following table:
Table 5 — Maximum Number of Signs | |
|---|---|
Zoning District | Maximum Number of Signs for Each Use |
Agriculture | 4 |
Agricultural Residential | 4 |
Commercial | 6 |
Hamlet | 2 |
Lakefront Commercial | 4 |
Lakefront Recreational | 4 |
Lakefront Residential | 2 |
Light Industrial | 6 |
§ 350-119 Placement of signs and sign structures.
All signs and sign structures shall be erected upon and/or attached to a structure located within a lot of record and such placement shall be approved by the owner. No sign or sign structure shall be erected within 10 feet of any public right-of-way unless specifically authorized by an AHJ.
§ 350-120 Sign area.
A.
Calculation of sign area.
(1)
Awnings and marquees. 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)
Double-faced signs. Only one face of a double-faced sign is counted in determining the sign area if such sign faces are parallel or form an interior angle equal to or less than 45°, provided that the signs are mounted on the same structure.. Where the two faces are not of equal size, the larger of the two faces shall be used for the determination of the area of a sign. Exemption(s):
(a)
The area of a double-faced sign where the interior angle is greater than 45° or the sign faces are mounted on different structures shall be the sum of the areas of all the faces of such sign.
 Figure 114 - Double-Faced Sign |
(3)
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.
(4)
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, 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.
B.
Maximum sign area. The maximum sign area permitted at a lot of record shall comply with the following table:
Table 6 — Maximum Sign Area | |
|---|---|
Zoning District | Maximum Sign Area (square feet) |
Agriculture | 100 |
Agricultural Residential | 100 |
Commercial | 150 |
Hamlet | 100 |
Lakefront Commercial | 150 |
Lakefront Recreational | 100 |
Lakefront Residential | 50 |
Light Industrial | 150 |
§ 350-121 Traffic visibility.
No sign or sign structure shall be erected at the intersection of any road in such a manner as to obstruct free and clear vision, nor at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
§ 350-122 Type.
The type of a sign and how it is permitted in a zoning district is prescribed in the following table:
Table 7 — Types of Signs Allowed in Each Zoning District | ||||||||
|---|---|---|---|---|---|---|---|---|
Type of Sign | Zoning District | |||||||
Agriculture | Agricultural Residential | Commercial | Hamlet | Lakefront Commercial | Lakefront Recreational | Lakefront Residential | Light Industrial | |
Canopy | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted | Prohibited | Permitted |
Changeable message center, electronic | Prohibited | Prohibited | Special use permit | Prohibited | Special use permit | Special use permit | Prohibited | Special use permit |
Changeable message center, manual | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted | Prohibited | Permitted |
Free- standing | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted |
Murals | Special use permit | Special use permit | Special use permit | Special use permit | Special use permit | Special use permit | Prohibited | Special use permit |
Off-premises advertising | Prohibited | Prohibited | Special use permit | Prohibited | Prohibited | Prohibited | Prohibited | Special use permit |
Off-premises directional | Special use permit | Special use permit | Special use permit | Special use permit | Special use permit | Special use permit | Prohibited | Special use permit |
Projecting | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted |
Roof | Prohibited | Prohibited | Prohibited | Prohibited | Prohibited | Prohibited | Prohibited | Prohibited |
Wall | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted | Permitted |
§ 350-123 Canopy signs.
A.
General. The permanently-affixed copy area of canopy or marquee signs shall not exceed an area equal to 25% of the face area of the canopy, marquee or architectural projection upon which such sign is affixed or applied.
B.
Awning signs.
(1)
Amount permitted. On a multitenant property, one awning sign shall be allowed over each tenant's entrance.
(2)
Awning signs shall not be internally illuminated.
§ 350-124 Changeable message centers, electronic.
A.
Amount permitted. Only one electronic changeable message center is permitted per lot of record.
B.
Maximum sign area. The maximum sign area of the electronic changeable message center at any sign shall not exceed 32 square feet or 40% of a sign that such message center is incorporated into; whichever is smaller.
C.
Specifications.
(1)
Electronic changeable message centers are permitted, provided that the copy does not change more than once every 30 seconds and the electronic changeable message center does not exceed 50% of the total area of all signs that is permitted at the lot of record.
(2)
All electronic changeable message centers are required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night.
(3)
All electronic changeable message centers shall be made available for amber alerts and other emergency community notifications as deemed necessary by the law enforcement agency having jurisdiction.
(4)
All electronic changeable message centers shall contain a default design that will freeze the message in one position in the event of a malfunction.
(5)
All electronic changeable message centers shall be tested for electromagnetic compatibility and electromagnetic interference to avoid radio frequency interference from such sign with radios, cellular telephones, radar, TV signals, hospital equipment, etc.
(6)
No electronic message is permitted to be repeated by flashing more than once every 16 seconds.
§ 350-125 Changeable message centers, manual.
Manual changeable message centers may be incorporated into signage as follows:
A.
Manual changeable message centers are only permitted at permanent signs or marquee signs, which enclose the message center component on all sides with a finish of brick, stone, stucco, powder coated or comparably finished metal, or sign face that extends not less than one foot from the message center in all directions. Gaps between the message center and the finish are permitted to accommodate locks and hinges for a cover for the message center component, but only to the extent necessary for such locks and hinges to operate.
B.
Manual changeable message centers shall not be internally lit unless:
(1)
Such centers use opaque inserts with translucent letters, numbers, or symbols; and
(2)
Blank opaque inserts that are the same color as the opaque portions of the letters, numbers, and symbols are used over all areas of the sign where copy is not present; and
(3)
The opaque portion of the letters, numbers, and symbols is the same color.
§ 350-126 Freestanding signs.
A.
Location. No part of any freestanding sign shall be located within 10 feet of any property line.
B.
Number. Only one freestanding sign shall be permitted on a lot of record even if there is more than one building or use on that lot.
§ 350-127 Home occupation signs.
A home occupation shall be permitted to have one sign that conforms to the following:
A.
A sign for a home occupation shall not be illuminated; and
B.
A sign for a home occupation shall have a maximum sign area of 16 square feet; and
C.
A sign for a home occupation shall have a maximum height of six feet.
§ 350-128 Landmark signs.
Landmark signs shall be exempt from size, height, and setback regulations but shall comply with all other regulations set forth in this Part 5.
§ 350-129 Marquee signs.
A.
General. Marquee signs, which may include changeable message centers, whether electronic or manual, shall be allowed only at assembly uses intended for the production and viewing of the performing arts or motion pictures. Such changeable message center may cover no more than one square foot of sign area for each linear foot of such occupancy's building frontage.
B.
Projection. Marquee signs, whether on the front or side, shall not project beyond the perimeter of the marquee.
§ 350-130 Menu boards.
Menu boards shall be allowed only as an accessory use to assembly uses intended for food and/or drink consumption having a drive-through window, provided that:
A.
Such signs shall not exceed 50 square feet in area and eight feet in height; and
B.
There shall be no more than three such signs per property.
§ 350-131 Murals.
The purpose of regulating murals is to ensure the continued visual aesthetic of the community, by allowing for compatible artistic and creative expression through murals in appropriate locations and designs. The following criteria seek to establish guidance as to the compatibility and appropriateness of the theme, location and design of murals, with minimal intrusion into artistic expression and/or the substantive, personal or political expressive content of the artwork.
A.
Design.
(1)
The scale of the mural shall be appropriate to the building and the site.
(2)
The mural shall be appropriate within the context of the surrounding neighborhood.
(3)
The mural shall be an original design.
(4)
Sponsor and artist names may be incorporated but shall be discreet and not exceed five 5% of the design.
(5)
Paint utilized should be of a professional quality and intended for exterior use. Generally reflective, neon, and fluorescent paints should not be used.
(6)
The mural shall have a weatherproof and vandalism-resistant coating.
B.
Location of murals.
(1)
The mural image shall be located on the elevation of structures that can be easily viewable to the public from a public way.
(2)
The installation of a mural should complement and enhance the building and be incorporated architecturally into the facade.
C.
Theme.
(1)
The theme of the mural shall be respectful of the greater context of the community, including historic and sociocultural contexts.
 Figure 115 - Murals |
§ 350-132 Off-premises signs.
A.
Number per lot of record. Only one off-premises sign is permitted on a lot of record.
B.
Off-premises advertising sign.
(1)
Area. The maximum sign area of an off-premises advertising sign shall be 160 square feet per sign face, one sign face per directional flow of traffic per sign structure.
(2)
Height. The maximum height of an off-premises directional sign shall be 20 feet.
(3)
Location. The location of an off-premises advertising sign shall comply with all of the following:
(a)
Off-premises advertising signs shall be located only on a lot of record contiguous to an NYS designated road. Furthermore, off-premises advertising signs shall be located in the vicinity of an NYS designated road that requires such signs to be regulated by the NYS Signs Program, which is administered by the NYSDOT.
(b)
Off-premises advertising signs shall not be located within a 300-foot radius of an intersection of two or more public roads or from any bridge.
(c)
Off-premises advertising signs shall not be located closer than 300 linear feet from any other off-premises advertising sign measured from either side of the same road.
(d)
Off-premises advertising signs shall not be located within a 300-foot radius of any cemetery, place of worship, park or school.
(4)
Setback. The setbacks of an off-premises advertising sign shall comply with all of the following:
(a)
An off-premises advertising sign shall be set back 10 feet from the right-of-way of a public road and 25 feet from any side lot line.
(b)
An off-premises advertising sign shall not be located in a rear yard at a lot of record.
(c)
An off-premises advertising sign shall be set back 25 feet from any building and/or structure.
C.
Off-premises directional sign. Where permitted by this Part 5, off-premises directional signs shall comply with the following regulations:
(1)
Area. The maximum sign area of an off-premises directional sign shall be 32 square feet.
(2)
Height. The maximum height of an off-premises directional sign shall be 15 feet.
(3)
Location.
(a)
Off-premises directional signs may be located near intersections on a county-, state- and/or Town-designated road but shall not be located in the visibility triangle as prescribed in this chapter. Such signs shall take advantage of natural terrain, shall have minimal impact on the scenic environment, and shall avoid visual conflict with other signs, signals, or devices within the road's right-of-way.
(b)
Each advertised facility shall be limited to one off-premises directional sign for each direction of travel on a road.
(c)
An advertised facility shall be within five miles from the road containing the off-premises directional sign. In very rare circumstances, an advertised facility may be more than five miles if such facility is of significant tourist interest, as determined by designated approving authority.
(d)
Off-premises directional signs shall not be located closer than 100 linear feet from any other off-premises directional sign measured from either side of the same road.
(4)
Setback. The setbacks of an off-premises directional sign shall comply with all of the following:
(a)
An off-premises directional sign shall be set back 10 feet from the right-of-way of a public road and 10 feet from any side lot line.
(b)
An off-premises directional sign shall not be located in a rear yard at a lot of record.
(c)
An off-premises direction sign shall be set back 25 feet from any building and/or structure.
§ 350-133 Projecting signs.
A.
General. Projecting signs shall be permitted on any building elevation but shall be limited to one sign per occupancy along any frontage with public entrance to such occupancy, and shall have a clearance of not less than eight feet above the sidewalk or surrounding grade plane and not less than 15 feet above any public driveway or road. Such sign shall not project into any public right-of-way without authorization granted by the AHJ.
B.
Attachment. Projecting signs shall be safely and securely attached to a building or structure.
§ 350-134 Wall signs.
A.
General. Wall signs shall:
(1)
Not extend above the top of the wall, nor beyond the ends of the wall to which the signs are attached.
(2)
Be parallel to the wall to which it is attached and shall not project more than 12 inches therefrom.
B.
Attachment. Wall signs shall be safely and securely attached to the wall to which the signs are attached. Wood blocks shall not be used for anchorage, except in the case of wall signs attached to buildings with walls of wood. A wall sign shall not be supported by anchorages secured to an unbraced parapet wall.
§ 350-135 Window signs.
Window signs subject to the following limitations:
A.
Permanent window signs shall not exceed 40% of the area of a window and the total area of all window signs, including both permanent and temporary, shall not exceed 50% of the window area.
B.
Window panels separated by muntins or mullions shall be considered as one continuous window area.
C.
Window signs shall not be assessed against the sign area permitted for other sign types.
D.
The display of merchandise available to be purchased shall not be considered as a sign.
§ 350-136 Master sign plan required.
All multitenant developments, such as but not limited to shopping centers or planned industrial parks, shall submit to the designated approval authority a master sign plan prior to issuance of any certificates and/or permits. The master sign plan shall establish standards and criteria for all signs in the complex that require permits, and shall address, at a minimum, the following:
A.
Proposed sign locations.
B.
Materials.
C.
Type of illumination.
D.
Design of sign structures.
E.
Size.
F.
Quantity.
G.
Uniform standards for non-business-related signage, including directional and informational signs.
§ 350-137 Multitenant signs.
A.
One multitenant sign shall be permitted per multitenant development.
B.
A minimum separation of 50 feet shall be maintained between all other signs.
C.
Multitenant signs shall be located within the multitenant development for which they advertise and only tenants of such development may advertise on the sign. Any business advertising on a multitenant commercial sign may not have a freestanding sign within such development.
 Figure 116 - Multitenant Sign |
§ 350-138 Compliance with Master Sign Plan.
All applications for certificate of zoning compliance for signage within a multiple-occupancy development complex shall comply with the Master Sign Plan.
§ 350-139 Amendments.
Any amendments to a master sign plan shall be signed and approved by the owner(s) of the development complex before such amendment will become effective.