New Paltz City Zoning Code
ARTICLE XIII
Signs
§ 140-95 Legislative intent.
The purpose of this article is to add to the Zoning Law of the Town of New Paltz uniform provisions applicable to the location, construction, design and placement of signs within the Town of New Paltz and the zoning districts thereof and to provide a reasonable period for replacement of nonconforming signs.
§ 140-96 Title.
This article shall be known and may be cited as the "Sign Zoning Law of the Town of New Paltz, New York."
§ 140-97 Purpose.
This article is enacted pursuant to the Municipal Home Rule Law and to the Town Law to promote and protect public health, safety, comfort, convenience, economy, Town aesthetics and the general welfare of the New Paltz community and for the following additional purposes:
A.
Protect and enhance the unique visual qualities of New Paltz;
B.
Conform to the guidelines and intent of the Comprehensive Master Plan of the Town;
C.
Encourage the installation of appropriate signs that harmonize with the buildings, neighborhood, and other signs in the area;
D.
Eliminate excessive and unsightly competition for visual attention through signs;
E.
Safeguard the general public by elimination of signs which may distract a motorist and/or contribute to the hazards of driving;
F.
Create a more attractive economic and business climate;
G.
Preserve citizens' rights to a customary means of earning a living;
H.
Protect property values;
I.
Maintain a standard of quality of all signs;
J.
Protect free speech and expression as guaranteed by both federal and state constitutions;
K.
Provide a method for the implementation of this article reasonably related to the foregoing purposes and to the objectives sought to be promoted by the community consistent with its comprehensive plan.
§ 140-98 Word usage and definitions.
A.
Except where specifically defined herein, all words used in this section shall carry their customary meanings. Words used in the present tense include the future and the plural includes singular. The word "shall" is intended to be mandatory.
B. ACCESSORY SIGN A-FRAME, EASEL SIGN or SANDWICH BOARD AWNING or CANOPIES AWNING SIGN BANNERS and ADVERTISING FLAGS BARBER POLE BENCH SIGN BILLBOARD BULLETIN BOARD BUSINESS SIGN CONSTRUCTION SIGN CORNER LOT DIRECTIONAL SIGN DIRECTORY SIGN FLAG FREESTANDING SIGN GROUND HIGHWAY DIRECTIONAL SIGN HISTORICAL MARKERS INFLATABLE SIGN INFORMATIONAL KIOSK INTERIOR SIGN LADDER SIGN LIGHTED SIGN(1) (2) (3) (4) (5) MARQUEE MONUMENT SIGN MURAL NAMEPLATE OFF-PREMISES SIGN PERSON POLE SIGN POLITICAL SIGNS, ADVOCACY POLITICAL SIGNS, CAMPAIGN PORTABLE SIGN POST-AND-ARM SIGN POSTER PREMISES SIGN PRIMARY SIGN PROJECTING SIGN PUBLIC WAY RAIL TRAIL KIOSK REAL ESTATE SIGN REPRESENTATIONAL SIGN REVERSE CHANNEL SIGNS ROOF SIGN SALE SIGN SECONDARY SIGN SETBACK SIGN SIGN AREA(1) (2) (3) (4) STREET NUMBERS SUBDIVISION SIGN TEMPORARY SIGN WALL SIGN VENDING MACHINES ZONE
The following terms used in this article shall have the meanings indicated:
A sign located on premises which provides traffic flow information, such as "In," "Enter," "Out," "Exit," "Parking in Rear," "Crosswalk," "Watch for Pedestrians," etc.
A double-faced sign, with the two faces connected at the top and spaced at the bottom, so as to form the shape of the letter "A," and therefore being self-supporting on a flat surface; or a single-faced sign similarly self-supporting.
A roof-like covering consisting of any pliable material attached to a metal or other frame and supported entirely from a building or other structure and projecting over a sidewalk, entrance, or other traveled way.
Any visual message on an awning.
A piece of cloth, plastic or similar pliable material attached at one or more points to a pole, staff or other support. Banners and advertising flags are permitted only as temporary signs. (See § 140-105.)
Any circular, rectangular or polygonal upright column, either with or without a rotating core, customarily used for advertising a barbershop.
Any sign painted on or otherwise attached to a bench or other seat meant to be seen by the public.
A large off-premises advertising sign specifically designed with large height, width, and letters for visibility over a long distance.
A structure used specifically for the displaying of listings of services or articles for sale, and posters for future events.
A sign which directs attention to a permitted business or profession conducted on the premises, including permitted home occupations.
A nonilluminated sign denoting the architect, engineer and/or contractor when placed on work under construction, provided that such sign not exceed 16 square feet in area.
Commercial establishments and residences which have building faces fronting on two or more streets.
A sign located within the premises (e.g., parking lot or building lobby) providing direction to businesses within the premises.
A listing of multiple business enterprises at the same location for identification purposes on a common matrix or support.
[Amended 12-3-2009 by L.L. No. 7-2009]
Flexible or pliable material supported by any means and bearing the emblem or insignia of any government, religious, professional, education, charitable. or fraternal organization.
A sign not attached to or part of any building or screening surface but permanently affixed, by any other means, to the ground, including pole, post and arm, ladder and monument signs.
Natural earth, soil or pavement surface at the sign location.
An on-premises or off-premises sign located adjacent or in proximity to a street, road or highway and which provides directional information to a particular destination distant from the location of such sign.
[Added 8-21-2008 by L.L. No. 2-2008]
Emblems, tablets, plaques, memorial signs or statues when cut into masonry surface or constructed of bronze, stainless steel, or other similar permanent material installed by governmental agencies, religious, or nonprofit organizations.
A sign that is supported by any type of inflation and is either attached to a permanent structure, freestanding or tethered.
A sign or group of signs for public, charitable, service or religious organizations and institutions and which bears no commercial advertising.
[Amended 12-3-2009 by L.L. No. 7-2009]
Any advertising sign displayed, affixed or painted on or within any window, show window, or window screen and visible from the building exterior.
A freestanding sign with two vertical supports and with not more than three horizontal crosspieces serving as individual signs for identification.
Any sign designed to give forth or to reflect artificial light.
EXTERNALLY ILLUMINATEDA sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
FLASHINGAn illuminated sign on which the artificial lighting is not maintained stationary or constant in intensity and color at all times while in use.
ILLUMINATEDA sign designed to give forth any artificial light or designed to reflect such light and on which the external lighting is an integral part of the sign, such as bulbs forming letters or logos.
INTERNAL RADIATIONA sign which is illuminated as a result of electrification or radioactivity of a gaseous material or substance, such as neon.
INTERNAL ILLUMINATEDA sign illuminated by use of an artificial light which is located within the sign structure and which depends for its illumination on transparent or translucent material.
Any hood or awning of permanent construction. securely affixed to a building or any projection from the wall of a building.
A freestanding sign either with a base affixed to the ground or mounted on short poles that are no greater than two feet in height.
A picture, design or decorative treatment painted on or otherwise affixed to and covering a portion of a wall surface, and shall include sculpture and sculptural treatments of solid elements.
A business or professional sign not exceeding one square foot on an area identifying a professional tenant of the site. Each sign shall be affixed to the building exterior wall or door.
Any sign advertising a business not located on the same lot.
[Added 3-24-2005 by L.L. No. 1-2005]
Shall include an individual corporation, society, association, partnership, trust or other entity, public or private.
A freestanding sign with a base of the actual sign area at least five feet above ground and supported by a single vertical pole.
A sign placed on private property which expresses an opinion on an issue of public interest.
A temporary sign placed on private property which concerns candidates or issues before the voters.
A sign, whether on its own trailer, wheel or otherwise, designed to be movable and not permanently affixed to the ground, a building, structure or another sign.
A freestanding sign comprised of a vertical post to which a perpendicular arm is attached and from which the sign hangs.
Temporary and nonpermanent signs covering such dated activities as political and sporting events, entertainments and elections.
A sign denoting the name and address of the residents of the premises.
Principal sign which identifies the business or service to the passerby and communicates the most pertinent information.
A sign attached to the building wall or structure that projects horizontally or at a right angle more than 12 inches from the face of the wall over the traveled way.
Any street, avenue, route, and/or thoroughfare, and including any private, business or commercial way which provides ingress or egress if accessible for public use.
A sign or group of signs for Rail Trail information and which bears no commercial advertising.
[Added 12-3-2009 by L.L. No. 7-2009]
A sign advertising the sale, lease or rental of the premises on which the sign is located, limited to 16 square feet in area.
Any three-dimensional sign which is built so as to physically represent the object advertised.
A sign having individual letters and graphics constructed of a metal face and returns (sides), a clear plastic backing, an internal channel for neon glass and mounted one to two inches from the wall.
[Added 3-24-2005 by L.L. No. 1-2005]
A sign erected on a roof and extending in height up to or above the peak of the roofline of the building on which the sign is erected.
A nonilluminated residential "garage sale," "yard sale," "barn sale," "tag sale," or similarly descriptive sign located fully upon the residential property on which the sale is being conducted.
A sign which communicates accessory information other than the most pertinent information appearing on the primary sign, e.g., types of products or services, etc.
Distance of the nearest point of a sign from any property line.
Any letter, figure, character, mark, point, design, pictorial, picture, poster, stroke, stripe, line, trademark, reading matter, illuminating device or reflecting device which shall be so constructed, placed, attached, erected, fastened, or manufactured in any manner whatsoever, that the same shall be used for the attraction of the public to any place, object, person, firm, corporation, public performance, article, machine, merchandise, or other purpose whatsoever, out-of-doors or in any window, show window, or window screen visible from the outside.
The area of a sign measured as follows:
When any sign is framed or outlined, all of the area of the frame or outline shall be included;
Sign measurement shall be based upon the entire area of the sign with a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including structural supports if they are not used for advertising purposes, or, in the case of irregularly shaped signs, such irregularly shaped signs may be measured by the sum of two or more adjacent square or rectangular perimeter measurements, whichever of the above areas is less;
[Amended 12-3-2009 by L.L. No. 7-2009]
Measurement of signs with two faces shall be taken as the area of either face, provided that the faces are either back to back or are attached at least on one side and the angle of the attachment does not exceed 30º. Where faces are not back to back, or are attached at an angle exceeding 30º, each face shall be measured individually and the cumulative amount shall be used to determine gross area.
The street number shall be required to be top center and separate and distinct from the text of the sign; when this criteria is followed, the street number shall not be included in the measurement of the sign area.
[Added 12-3-2009 by L.L. No. 7-2009]
A sign providing the 911 identifying number of the property, either residential or commercial, and clearly visible from the road.
A sign located at the entrance to a subdivision identifying the neighborhood or community by name.
Any sign that is displayed only for a specified period of time and is not permanently mounted.
A sign that is painted on or attached directly to the outside wall of a building or structural screening, with the face of the sign parallel to the wall and having a visible edge or border extending not more than 12 inches from the wall. The term "wall sign" shall include any sign erected on a roof and extending a height to a point below the peak of the roof line of the building on which the sign is erected.
When vending machines (e.g., soda) are placed outside or placed inside windows so that faces are visible from the nearest sidewalk or street, the face of the machine shall be considered in the total allowable signage for the business.
Shall refer to the appropriate residential, light industrial or business zoning district.
§ 140-99 Permits.
A.
General regulations. Except as otherwise provided herein, no sign or other advertising device shall be erected, constructed, displayed. moved, reconstructed, extended, enlarged or altered nor shall any person cause any sign or other advertising device to be erected, constructed, displayed or maintained within the Town of New Paltz, except in conformity with these regulations and, where applicable, without first having obtained a permit from the Building Inspector.
B.
Application and fees.
(1)
A written application shall be submitted to the Code Enforcement Officer or Building Inspector on a sign permit form prescribed by the Town.
(2)
A plan drawing shall be included with the application showing the location of the building, structure, or land upon which the sign now exists or is to be erected.
(3)
An elevation drawing shall be included with the application providing a full description of the placement and appearance of the proposed sign showing:
(a)
Sign construction details, including materials;
(b)
Sign dimensions;
(c)
Sign colors;
(d)
Lettering and other matter on the sign;
(e)
Method of illuminations, if any, and the position of lighting or other extraneous devices, and a copy of the wiring diagram(s) for the electrical connections;
(f)
Required setback distance.
[Added 12-3-2009 by L.L. No. 7-2009]
(4)
Written consent from the land owner or authorized representative if not the applicant.
(5)
Payment of the fee for the issuance of the sign permit, together with a nonrefundable application and review fee, as established from time to time by resolution of the Town Board.
C.
Issuance of a permit.
(1)
Process. It shall be the duty of the Code Enforcement Officer or Building Inspector, upon receipt of a properly completed application for a sign permit and fee, to examine such plans, specifications, locations and other data submitted and shall:
(a)
Refer all applications for new signs, and all applications for replacement, repair or other modification of any existing sign which will result in a change in size, location, type, or lighting to the Planning Board for review; or
(b)
If the submitted application is for a modification to an existing sign which is in compliance with all requirements of this article and the Code of the Town of New Paltz and does not constitute a change in size, location, type, or lighting, the Building Inspector shall, within 10 days, issue a permit for the proposed changes.
(2)
Condition. All sign permits shall carry the condition that the permitted sign shall be maintained in a safe, orderly condition and in good repair at all times. The Building Inspector may add such other conditions as may be necessary for the public safety and welfare.
[Amended 12-3-2009 by L.L. No. 7-2009]
(3)
Disapproval. In the event that plans submitted do not meet requirements of local laws and ordinances, the Building Inspector/Code Enforcement Officer shall then notify the applicant, in writing, of the reason for refusal to issue a permit.
[Amended 12-3-2009 by L.L. No. 7-2009]
(4)
Time limit. If the authorized sign is not erected within six months of the date the sign permit is granted, the permit shall become null and void and a new application must be submitted.
(5)
Violation. If, subsequent to inspection by the Code Enforcement Officer/Building Inspector, a sign is found in violation of the conditions specified in the sign permit, the owner shall be notified to bring the sign into compliance with specified conditions. Failure to comply within 30 days shall be cause for revocation of the permit and removal of the sign within 10 days after written notification from the Code Enforcement Officer/Building Inspector, and upon failure to comply with such notice within the time specified in such order, the Building Inspector/Code Enforcement Officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached or, if the sign is not attached to a building or structure, by the owner of the land on which the sign is located. If such expense is not paid within 30 days of the date that a demand for payment is mailed to such owner at the address listed on the most recent tax roll of the Town of New Paltz, such expense shall become a lien upon the property and may be collected in the same manner as a property tax.
[Amended 12-3-2009 by L.L. No. 7-2009]
§ 140-99.1 Waiver of sign permit review.
[Added 12-6-2007 by L.L. No. 5-2007]
A.
Notwithstanding the provisions contained in § 140-99C(1)(a) of this chapter, regarding sign application review by the Planning Board, the Planning Board, upon recommendation of the Building Inspector, is authorized to waive sign permit review and the Building Inspector is authorized to issue a permit for the sign for which the application is being made, provided:
(1)
That the applicant has demonstrated that the proposed sign for which the application is being made will replace an existing sign owned or maintained by the applicant; and
(2)
That the applicant has demonstrated that the proposed sign for which the application is being made will be installed at the same general location of the sign to be replaced; and
(3)
That the applicant has demonstrated that the proposed sign for which the application is being made conforms in all respects to the design objectives and applicable requirements of this article, including height, area and type of illumination.
B.
As part of any referral to the Planning Board of an application for sign review and approval required under this chapter, the Building Inspector may include as part of such referral a recommendation to the Planning Board, upon forms prepared by the Building Inspector for such purpose, that sign review and approval should be waived, setting forth reasons in support of such recommendation.
C.
Following receipt by the Planning Board of the submission of any application made to it by the Building Inspector, the Planning Board shall find and determine that sign review and approval is required pursuant to the provisions of this chapter or, in the alternative, may find and determine that the provisions of this section have been met and that further review by the Planning Board is not required.
D.
Under circumstances where the Building Inspector has delivered to the Planning Board a recommendation that sign review and approval should be waived and such recommendation has been received by the Planning Board at least three days prior to the conduct of its next regularly scheduled meeting (exclusive of the date of delivery), the Planning Board shall make its findings and determination at such regularly scheduled meeting and shall cause written notice of such determination, signed by the Chairperson or authorized representative of such Board, to be delivered to the Building Inspector within the three days next following the date upon which such determination is made.
E.
In the event that the Planning Board, under circumstances where there has been delivered to it a recommendation by the Building Inspector to waive review and approval of the application submitted within the time periods set forth above, fails to determine whether or not further review by the Planning Board is required or, having made a determination, fails to provide to the Building Inspector timely notice of such determination, the Planning Board shall be deemed to have waived sign application review and approval as authorized pursuant to this chapter, and the Building Inspector/Code Enforcement Officer shall be entitled to take and to complete such procedures as are required for the proper disposition of the application.
[Amended 12-3-2009 by L.L. No. 7-2009]
F.
In the event that the Planning Board, notwithstanding that there has been delivered to it a recommendation by the Building Inspector to waive review and approval of the application submitted, determines that sign application review and approval is required pursuant to the provisions of this chapter, the Building Inspector/Code Enforcement Officer shall not issue a permit for the sign requested until such time as the Planning Board shall have approved the application in accordance with the provisions of this chapter.
[Amended 12-3-2009 by L.L. No. 7-2009]
§ 140-100 Exempt signs.
A permit shall not be required for the following exempt signs. Such exceptions, however, shall not be construed as relieving the owner of the sign from the responsibilities for conformance with all other applicable provisions of these regulations.
A.
Nameplates, with a maximum of four each per building site. Each nameplate up to four shall be one square foot each. Five or more nameplates shall be limited to an aggregate of four square feet.
B.
Street number signs, except that the area of any business, commercial and industrial number sign shall not be included in aggregate permitted sign area.
C.
Premises signs, in residential zones only.
D.
Construction signs.
E.
Real estate signs.
F.
Traffic or municipal signs, legal notices and temporary emergency nonadvertising signs as may be authorized by the Town Board of the Town of New Paltz.
G.
Temporary nonilluminated window advertising signs which occupy no more than 20% of the total window area of the principal facade of the establishment and are displayed for no longer than two weeks.
H.
Political signs, campaign, are temporary by definition, and may be displayed on private property in any district without a permit for a period not to exceed four consecutive weeks.
I.
Political signs, advocacy, or other noncommercial signs which express opinions are protected by the First Amendment of the United States Constitution and may be displayed on private property in any district without a permit.
J.
Historical markers.
K.
Sale signs.
L.
Accessory signs.
M.
Posters.
N.
Winter holiday decorations, including lighting, are exempt from the provisions of this article and may be displayed in any district without a permit for a period from three days before Thanksgiving until the first week of the following year.
O.
Decorations, including lighting, for other holidays are exempted from the provisions of this article and may be displayed in any district without a permit for a period of two weeks prior to and one week after the holiday.
P.
Not more than two exterior-mounted wall signs having a total combined area not exceeding 3.5 square feet, owned by and used to display the name and emblem of a nonprofit civic, fraternal, benevolent, service, philanthropic or similar membership club, association or organization, may be affixed to the exterior of the usual and customary meeting place of such club, association or organization.
[Added 6-15-2006 by L.L. No. 4-2006]
Q.
Temporary freestanding signs within a shopping center, provided that they comply with the following:
[Added 12-3-2009 by L.L. No. 7-2009]
(1)
No sign shall exceed eight square feet; and
(2)
No sign shall obstruct the walkway or curb cuts, nor shall any sign be located within any parking area or traveled way; and
(3)
Each sign shall be consistent with temporary sign standards adopted by the landowner and filed with the Town Building Department.
R.
Permanent window signs not to exceed 20% of the window area of the principal facade.
[Added 12-3-2009 by L.L. No. 7-2009]
S.
Rail Trail kiosks at the intersection of the Rail Trail with any state, county or Town roadway.
[Added 12-3-2009 by L.L. No. 7-2009]
T.
Temporary seasonal farm stand: All farms located within the Town of New Paltz or within 1/4 mile of any Town boundary may display up to two off-premises signs, not greater than 24 square feet each, during the harvest season(s). A written letter of permission from the landowner must be filed with the Town of New Paltz Building Department.
[Added 12-3-2009 by L.L. No. 7-2009]
§ 140-101 Prohibited signs.
All signs not specifically permitted are prohibited unless allowed and approved by local law, variance, special use permit, or other modification to the Zoning Law of the Town of New Paltz, or by a superseding governmental agency. Prohibited signs include but are not limited to:
A.
Billboards.
B.
Bench signs.
C.
Roof signs.
D.
Flashing signs or lights.
E.
Posters fastened, painted or otherwise attached to utility poles, posts, trees, sidewalks, curbs, retaining walls, rocks or other public property.
F.
Signs which have any visible moving parts, including signs which achieve movement by action of wind currents.
G.
Signs which, by reason of size, location, content, coloring, or manner of illumination, obstruct the vision of the drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads.
H.
Signs which make use of words such as "stop," "look," "one-way," "danger," "yield," or similar words, phrases, symbols, lights or characters in such manner as to interfere with, mislead, or confuse vehicular or pedestrian traffic.
I.
Signs on public property or a public right-of-way, other than signs erected by a governmental agency. unless specifically authorized by the Town of New Paltz.
J.
Signs displayed on an automobile, truck, or other motorized vehicle when that vehicle is used primarily for the purpose of such advertising display.
K.
Signs obstructing any fire escape, means of ingress and/or egress, other required exit way or window.
L.
Signs obstructing any opening required for ventilation, venting or other access which may constitute a hazard to public health and safety.
M.
Exterior directory signs listing business occupants of any building. (See Master Sign Plan in § 140-112.)
N.
Inflatable signs.
O.
Internally illuminated signs, except those with opaque background, semi-transparent letters and the average level of illumination measured at three inches from the vertical surface not exceeding three footcandles and utilizing LED fixtures.
[Amended 12-3-2009 by L.L. No. 7-2009]
P.
A-frame, easel, or sandwich board, except as allowed in § 140-100Q.
[Amended 12-3-2009 by L.L. No. 7-2009]
Q.
Off-premises signs, except signs of nonprofit associations or organizations that display information regarding community or performance events and highway directional signs as defined in this chapter.
[Added 3-24-2005 by L.L. No. 1-2005; amended 6-15-2006 by L.L. No. 4-2006; 8-21-2008 by L.L. No. 2-2008]
§ 140-102 Special permits.
A.
Special permits may be granted by the Planning Board of the Town of New Paltz for the installation of bulletin boards, informational kiosks and murals. The Building Inspector shall forward any applications for a special use permit with preliminary recommendations to the Planning Board. The Planning Board may disapprove the application upon a finding that approval would be detrimental to the desirability, property values, safety, or harmonious development of the municipality.
B.
Bulletin boards shall be limited to one and only one for each shopping center within the Town containing three or more businesses, except that one may also be installed at the Town Hall. Boards shall be cleared by the applicant at least once per month to minimize clutter and to enhance communication.
C.
Information kiosks shall be limited to NY State routes which provide entrance into New Paltz and shall not exceed two for Route 299, two for Route 32 and one Route 208.
[Amended 12-3-2009 by L.L. No. 7-2009]
D.
Murals painted in conjunction with signage shall not be considered as signs for the purposes of these regulations if such murals are clearly separate from the signage and the content and design of the mural does not overtly represent specific goods, services, or activities offered for sale. Generalized depictions of types of goods, commonly used symbols other than trademarks, brand names and logos, and scenes which do not specifically illustrate commercial activity may be allowed in murals. Graphic, pictorial or representational material which is clearly subordinate to signage, which is contained within a sign or which forms a design element integral to a sign, shall be considered to be signage rather than a mural and shall be counted as part of the signage for the premises on which it is located.
§ 140-103 Design objectives.
In reviewing sign applications, the Building Inspector or Planning Board shall determine that the sign will meet the following criteria:
A.
Signs shall be a subordinate part of the streetscape;
B.
Whenever feasible, multiple signs shall be combined into one to avoid clutter;
C.
Signs shall be as close to the ground as possible, consistent with legibility considerations;
D.
Sign design shall be consistent with the architectural character of the building on which it is placed and not cover any significant architectural features on the building;
E.
The illumination from any sign shall not cause any reflection or glare upon a public street, highway, sidewalk or adjacent property;
F.
Light lettering on dark background which enhances legibility is preferred for all signs;
§ 140-104 Maintenance requirements.
All signs and other advertising structures, together with all supports, braces, hooks, guys and anchors, and exposed lighting sources, shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. Within 15 days of notice of default, the property owner or tenant shall take steps to correct same.
§ 140-105 Temporary signs.
A.
All signs of a temporary nature must receive permits before being displayed except those designated as specified under exempt signs.[1] Temporary signs shall be permitted for a period not exceeding two weeks prior to the activity or event, nor exceeding one week after the activity or event, for a total maximum of five weeks. Commercial establishments shall be limited to one temporary sign permit for four events per calendar year, limited to 16 days per event. The permit shall note the date of the first day the sign may be displayed and the date it must be removed.
[Amended 6-15-2006 by L.L. No. 4-2006; 12-3-2009 by L.L. No. 7-2009]
B.
Temporary noncommercial signs of nonprofit associations and organizations which display information regarding community or performance events shall be permitted for a period not exceeding two weeks prior to the activity or event or exceeding two days after the activity or event. Written permission of the landowner is required for all off-premises signs.
[Amended 12-3-2009 by L.L. No. 7-2009]
C.
The Building Inspector/Code Enforcement Officer shall ensure that temporary sign size and location shall be compatible with the general guidelines set in § 140-97.
[Amended 12-3-2009 by L.L. No. 7-2009]
D.
Removal of temporary signs. If the sign is not removed upon expiration of the permit, the Code Enforcement Officer shall issue an order to remedy. Then, if the sign is not removed within seven days, an appearance ticket shall be issued.
§ 140-106 Nonconforming signs.
[Amended 12-3-2009 by L.L. No. 7-2009]
A.
Any lawful sign existing on the date of adoption of this article shall be permitted to remain for a period of 24 months following the date of such adoption. At the expiration of such twenty-four-month period, all signs shall comply with the requirements of this article.
B.
No lawfully preexisting, nonconforming sign shall be moved, enlarged, replaced and/or altered unless it is brought into compliance with the requirements of this article within 24 months next following the effective date of this article.
§ 140-107 Abandoned signs.
A.
Any nonconforming sign currently or hereafter existing which no longer advertises a bona fide business conducted or product available to purchase by the public on the premises shall be taken down by the owner, agent or person having beneficial use of the building or structure upon which the sign may be found within 10 days after notice of violation from the Code Enforcement Officer to the property owner. Upon failure to comply within 10 days, the Building Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure in which the sign is attached. The owner who refuses to pay removal costs will not be issued another permit for a sign on this building or property nor will the tenant or lessee be issued a permit for a sign on this building or property until such time as all costs, including enforcement, administration, and legal expenses are reimbursed to the Town. Upon nonpayment, Town costs shall be recovered through the property owner's tax bill.
B.
Any conforming sign which no longer advertises a bona fide business conducted or product available to purchase by the public on the premises shall be allowed to remain to enhance resale or rental of the premises upon which the sign is located.
§ 140-108 Residential districts.
[Amended 6-15-2006 by L.L. No. 4-2006]
No sign or other device for advertising purposes of any kind may be erected or established in any residential district except as provided under § 140-111B, Home occupations, and as follows:
A.
Each private residence may display one projecting, freestanding or wall sign having an aggregate total face area of not more than two square feet.
[Amended 6-23-2005 by L.L. No. 4-2005]
B.
Each dwelling unit in a condominium, townhouse, or apartment building may display one wall nameplate or professional sign having an aggregate total face area of not more than 1 1/2 square feet.
[Amended 6-23-2005 by L.L. No. 4-2005]
C.
Each apartment building may display one freestanding or one wall sign having an aggregate total face area of not more than four square feet.
[Amended 6-23-2005 by L.L. No. 4-2005]
D.
One subdivision identification sign (meaning a graphic to identify the entrance to a particular subdivision recognized by a given name) is permitted at its entrance, may be double-faced, and is not to exceed an aggregate total face area of 12 square feet. If a subdivision has access from more than one location, identification signs will be permitted at each entrance, unless both entrances are within vision, and are to have suitable landscaping at each sign.
[Amended 6-23-2005 by L.L. No. 4-2005]
E.
Street numbers used on any mailbox shall be two-inch numbers. Where there is no mailbox, numbers shall be a minimum of three inches and shall additionally conform with any other applicable requirements of the Code of the Town of New Paltz and 911 regulations.
F.
Churches, schools, cultural facilities and lawfully existing business establishments may each display one monument-type sign with a maximum sign area of 12 square feet and a maximum height of six feet from the ground.
[Amended 12-3-2009 by L.L. No. 7-2009]
G.
Each lawful preexisting, nonconforming business establishment located in a residential district may display one sign advertising that business. Such sign shall be either a monument-style sign having a maximum of 12 square feet of sign area or a post-and-arm style sign having a maximum of 12 square feet of sign area and maximum height of six feet.
[Added 3-24-2005 by L.L. No. 1-2005]
H.
No internally illuminated sign shall be allowed in a residential district.
[Added 12-3-2009 by L.L. No. 7-2009]
§ 140-109 Highway Business Gateway, and Planned Resort Overlay Zoning Districts.
[Amended 12-3-2009 by L.L. No. 7-2009; 10-3-2019 by L.L. No. 7-2019]
Each business establishment shall be permitted two signs. No establishment may have two of any single freestanding type of sign (e.g., two pole signs are not allowed; two wall signs are allowed). Individual business signs shall incorporate the street number(s) at the top center. The following signs are permitted unless otherwise indicated in the design guidelines for the district:
A.
Wall signs (with or without border) up to one square foot per two linear feet of building structure frontage or a maximum of 32 square feet, whichever is less.
B.
Freestanding signs only for establishments that are set back from the property line by 25 feet or more:
(1)
Monument signs up to 30 square feet in sign area, with a maximum of five feet from the ground (including the base) to the top of the sign. The sign must be set back 10 feet or more from the property line.
(2)
Ladder signs up to 18 square feet in sign area, with a maximum of 12 feet from the ground (including the base) to the top of the sign. The sign must be set back 10 feet or more from the property line.
(3)
Post-and-arm signs up to 12 square feet in sign area, with a maximum height of eight feet from the ground to the top of the sign. The sign must be set back 10 feet or more from the property line.
(4)
Pole signs up to 14 square feet in sign area, with a maximum height of 12 feet from the ground to the top of the sign. The sign must be set back 10 feet or more from the property line.
(5)
Freestanding signs must be a minimum of three feet from any sidewalk.
C.
Projecting signs up to eight square feet in sign area: maximum projection of four feet from the building face; minimum clearance from the ground eight feet; and maximum clearance 10 feet from the ground.
D.
Permanent window signs with an aggregate total square footage not to exceed 20% of the total window area of the principal facade, with lettering up to eight inches in height.
E.
Awning signs projecting at least five feet onto the sidewalk but no more than seven feet; lettering up to six inches in height and on the valance only. The extent of the lettering may cover a maximum of eight feet or 50% of the valance width, whichever is less.
§ 140-110 Light Industrial Zoning District (I-1).
[Amended 12-3-2009 by L.L. No. 7-2009]
Each establishment shall be permitted two signs. No establishment may have two of any single freestanding type of sign (e.g., two pole signs are not allowed; two wall signs are allowed). The following signs are permitted:
A.
Wall signs (with or without border) up to one square foot per two linear feet of building frontage or 64 square feet, whichever is less.
B.
Freestanding signs only for establishments that are set back from the property line by 45 feet or more:
(1)
Monument or ladder signs with a maximum area of 40 square feet in the sign area with a maximum height of six feet from the ground (including the base) to the top of the sign. The sign must be set back 10 feet or more from the property line.
(2)
Post-and-arm signs up to 24 square feet in sign area, with a maximum height of 12 feet from the ground to the top of the sign. The sign must be set back 10 feet or more from the property line.
(3)
Pole signs or ladder signs as large as 24 square feet in sign area, with a maximum height of 12 feet from the ground to the top of the sign. The sign must be set back 15 feet or more from the property line.
C.
Projecting signs up to 16 square feet in sign area; maximum projection of six feet from the building face; minimum clearance from the ground eight feet; and maximum clearance 12 feet.
D.
Permanent window signs with an aggregate total square footage not to exceed 20% of the total window area of the principal facade; lettering up to 12 inches high.
E.
Awning signs projecting at least five feet onto the sidewalk but no more than seven feet; lettering up to 10 inches in height and on the valance only. The extent of the lettering may cover a maximum of eight feet or 50% of the valance width, whichever is more.
§ 140-111 Requirements applicable in all districts.
[Amended 3-24-2005 by L.L. No. 1-2005; 12-3-2009 by L.L. No. 7-2009]
A.
Property numbers.
(1)
Property numbers should be displayed on the building, or in front of it, in a prominent and conspicuous place and in such manner as to be legible from the street.
(2)
All numbers should be at least four inches in height with a minimum one-half-inch stroke and be located approximately four feet above the ground;
(3)
The colors of said numbers should be in sharp contrast to the color of the background.
(4)
When practical, the numbers should be placed near a light so that they may be readily seen at night. If the numbers are not illuminated, they should be reflective.
(5)
The street number must be visible from both directions.
(6)
If the property is more than 75 feet from the roadway, the number should be displayed on a post or mailbox, no farther than 25 feet from the edge of the street, and on the same side of the street as the house.
(7)
In the event that more than one building has access from a single driveway, the numbers must be displayed at each location at which the driveway access diverges, in addition to being displayed on the building.
B.
Home occupation. In any district where home occupations are permitted, each home occupation may display, in addition to the aforementioned residential sign, one projecting, freestanding, or wall sign having an aggregate total face area of not more than two square feet (one foot high by two feet wide), provided that a projecting sign shall not project more than three feet from the principal building on the lot.
C.
General rules by sign type.
(1)
Wall signs. The visible edge or border of a wall sign may extend up to 12 inches from the face of the wall and may not extend beyond the walls of the building. The placement of all wall signs must be above the display window and the cornice in a single-story building or between the shop window and the second-story window sill in a multistory building.
(2)
Window signs. Permanent window signs must be painted on or attached directly and permanently to the window.
(3)
Freestanding signs. No freestanding pole sign may be located less than 50 feet from any other pole sign.
(4)
Projecting signs. Projecting signs may not extend above the height of the eave line of the roof.
(5)
Directional signs. The Building Inspector/Code Enforcement Officer may issue sign permits for the erection of on-site directional signs, provided that the individual signs are no more than two square feet and are limited to generic text such as "entrance" and "exit." Permits will be granted only if the applicant can clearly demonstrate necessity based on motorist safety and that any such on-site directional sign will be set back from any public right-of-way or property line and not block any view of oncoming traffic.
(6)
Freestanding signs. Where the undisturbed ground elevation of a proposed sign location is lower than the adjoining road, street, or highway, a freestanding sign may be constructed so that the height of the sign is no greater than the allowed height, as measured from the elevation of the adjoining road, street, or highway.
D.
Illumination.
(1)
Only white lights may be used to illuminate a sign, except in the case of neon which is permitted only for window signs.
(2)
Exposed lighting sources such as bulbs, tubes, and the like are prohibited. All ground level, external sources of illumination must be hidden from view by landscaping or improvements.
(3)
No exterior signs on any building premises shall be illuminated after 12:00 midnight, except in those places of business which shall remain open after midnight, and they shall be extinguished at the time of closing of such business.
E.
Lettering. The lettering on any sign may not exceed 60% of the sign area of any one side of the sign.
F.
Landscaping.
(1)
The Planning Board and/or Building Inspector/Code Enforcement Officer shall require that landscaping be used at the base of a freestanding sign to make the sign compatible with the surrounding area.
(2)
Neither the Planning Board nor the Building Inspector/Code Enforcement Officer shall approve a sign permit if landscaping is insufficient for such purpose.
§ 140-112 Master sign plan for shopping centers, business centers and office buildings.
[Amended 3-24-2005 by L.L. No. 1-2005; 2-16-2006 by L.L. No. 1-2006; 12-3-2009 by L.L. No. 7-2009]
Where seven or more business establishments comprise an office building, shopping center or business center, the following sign criteria shall apply:
A.
Common sign. One common freestanding monument sign identifying the name and address of the shopping center, business center or office building, plus not more than six additional descriptive words, is permitted. Appropriate height and size shall be determined by the Planning Board based upon site conditions and size of lot; provided, however, that such common sign shall not exceed 12 feet in height, nor shall its area exceed 80 square feet.
B.
Business signs. Freestanding signs may not be displayed by individual establishments located within the center. The types of signs displayed by each individual establishment shall adhere to a master sign plan. Each establishment may display up to two signs, except for temporary signs allowed in accordance with §§ 140-100 and 140-105.
C.
Requirement. A master sign plan is required of establishments that share a zoning lot or parcel or are part of a shopping or business center or office. The plan is a sign system to create visual unity among the signs within the plan area and ensure compatibility with surrounding establishments, landscaping and structures. It shall include specifications to which all signs within the plan shall conform, including but not limited to the following: sign type, style, height, colors, lettering or graphic style, materials, shape, lighting, and location on the establishment. In creating the master sign plan the Planning Board may approve additional business or directional signage as it deems necessary in order to facilitate the safe and efficient identification of and access to the businesses within the center or building.
D.
Process. Before any individual sign permits for the plan area are approved, the master sign plan must be reviewed and approved by the Planning Board and the Building Inspector/Code Enforcement Officer. Changes in individual signs, in conformance with the approved master sign plan, shall be permitted by the Building Inspector/Code Enforcement Officer through application. Nonconforming signs in the plan area that exist prior to the date upon which this article shall take effect shall be deemed nonconforming signs and shall be subject to the provisions for nonconforming signs contained in § 140-106 of this article.
E.
Shopping centers constructed prior to the adoption of this subsection and shown on an approved site plan, having a central parking area with buildings around its perimeter, shall adhere to the following size requirements for wall signs:
(1)
For each storefront shown on an approved site plan measuring up to 100 linear feet: one square foot per linear foot, with a maximum area of 80 square feet.
(2)
For each storefront shown on an approved site plan measuring greater than 100 linear feet: 6/10 square foot per linear foot, with a maximum area of 120 square feet.
(3)
In addition, each establishment may have one business identification sign of four square feet placed at or in the vicinity of the store entrance with the business name. The intention of this provision is to ensure a clear demarcation of each entrance. This sign shall hang from a common overhang perpendicular to the store face in a manner that is consistent with safety standards. A consistent color scheme shall be used for all.
F.
The Planning Board may approve the use of reverse channel signs as part of a master sign plan for shopping centers.
G.
Shopping centers and professional buildings constructed prior to the adoption of this subsection and shown on an approved site plan, having a central parking area with buildings around its perimeter and set back from the street greater than 60 feet, shall be allowed one freestanding monument directory sign in lieu of the common sign. Such directory sign shall be the minimum size necessary to allow for seven-inch letters, with a maximum of 80 square feet in area, with a maximum height of 10 feet, and set back to be determined consistent with safety standards. Lighting, architectural and structural elements of a directory sign may be permitted by the Planning Board and shall not be included in the sign area and height measurements. Directory signs must use one common background color.
§ 140-113 Schedule of sign specifications.
[Amended 12-3-2009 by L.L. No. 7-2009; 10-3-2019 by L.L. No. 7-2019]
Schedule of sign specifications. | |||
|---|---|---|---|
(Two per establishment; no two signs of the same type, except that two wall signs are allowed) | |||
Sign Type | B-2 Highway Business | Any Industrial | Gateway Districts |
Wall | |||
Whichever is less: | |||
Linear frontage formula; or | 1 square foot per 2 linear feet up to 32 square feet | 1 square foot per 2 linear feet | 1 square foot per 2 linear feet up to 32 square feet |
Maximum sign area | 32 square feet | 64 square feet | 32 square feet |
Freestanding | |||
Permitted only if establishment is set back from property line at least | 25 feet | 45 feet | 25 feet |
Monument | |||
Maximum sign area | 30 square feet | 40 square feet | 30 square feet |
Maximum height | 5 feet | 6 feet | 5 feet |
Minimum setback from property line | 10 feet | 10 feet | 10 feet |
Ladder | |||
Maximum sign area | 18 square feet | 24 square feet | 18 square feet |
Maximum height | 12 feet | 12 feet | 12 feet |
Minimum setback from property line | 10 feet | 15 feet | 10 feet |
Post-and-arm | |||
Maximum sign area | 12 square feet | 24 square feet | 12 square feet |
Maximum height | 8 feet | 12 feet | 8 feet |
Minimum setback from property line | 10 feet | 10 feet | 10 feet |
Pole | Not permitted | ||
Maximum sign area | 14 square feet | 24 square feet | NA |
Maximum height | 12 feet | 12 feet | NA |
Minimum setback from property line | 10 feet | 15 feet | NA |
Projecting | |||
Maximum sign area | 8 square feet | 16 square feet | 8 square feet |
Maximum projections from building face | 4 feet | 6 feet | 4 feet |
Minimum clearance from ground | 8 feet | 8 feet | 8 feet |
Maximum clearance from ground | 10 feet | 12 feet | 10 feet |
Window | |||
Permanent percentage of total window area of principal facade | 20% | 20% | 20% |
Maximum height of lettering | 8 inches | 12 inches | 8 inches |
Awning | |||
Minimum projection over sidewalk | 5 feet | 5 feet | 5 feet |
Maximum projection over sidewalk | 7 feet | 7 feet | 7 feet |
Lettering height | 6 inches | 10 inches | 6 inches |
Lettering location | Valance only | Valance only | Valance only |
Width of lettering across awning | 8 feet or 50% of valance, whichever is less | 8 feet or 50% of valance, whichever is less | 8 feet of 50% of valance, whichever is less |
§ 140-113.1 Highway directional signs.
[Added 8-21-2008 by L.L. No. 2-2008]
A.
The Planning Board of the Town of New Paltz is hereby authorized to grant special permits for the installation of on-premises and off-premises signs as part of historic master highway directional sign plans for lawfully existing uses within the Town listed on the national, state or Town register of historic places.
B.
Permits.
(1)
Special permits may be granted by the Planning Board for the Town of New Paltz for the installation of certain signs as part of a historic use master highway directional sign plan approved by the planning board pursuant to the provisions of this § 140-113.1. The permit process shall conform to all applicable requirements of § 140-99 of this article.
(2)
The Building Department of the Town of New Paltz is hereby authorized to grant sign permits for highway directional signs which are shown on a historic use master highway directional sign plan approved by the Town of New Paltz Planning Board.
(3)
Applications for approval of a historic use master highway directional sign plan shall be upon forms issued by and filed with the Planning Board. The application shall be submitted, together with any required fee to the building inspector. A completed application shall include:
(a)
Detailed description of the location, size, type, appearance and content of each sign included as part of the plan;
(b)
Where off-premises highway directional signs are proposed, the applicant shall include written consent by the owner or owners of the property upon which all signs will be placed, such consent to be acknowledged before a notary public;
(c)
In the event that any other agency or jurisdiction must approve the installation or maintenance of any sign, the applicant shall provide satisfactory evidence of such approval;
(d)
Evidence that the sign plan for which application is being made directs persons to a destination, location or area listed on a national, state or local historic register;
(e)
A map showing the location of all proposed sign(s) and indicating safe and adequate sight lines and other details as recommended by the building department according to state and local law;
(g)
A narrative shall be included explaining the need and rationale for each highway directional sign shown on the map.
(4)
The Building Department shall review the application and shall determine whether the application is complete. Upon making such determination, the Building Department shall forward such completed application to the Planning Board together with a recommendation as to whether or not each sign is consistent with prevailing safety standards, taking into consideration sight lines and other safety and visibility standards contained in local and state highway laws, codes, rules and regulations.
C.
Plan and sign requirements.
(1)
The plan shall consist of not more than five freestanding on-premises or off-premises highway directional signs identifying the name of the entity for which application is being made plus not more than six additional descriptive words, logos or symbols for directional purposes.
(2)
Off-premises or on-premises highway directional signs may be of the pole, ladder or post-and-arm type. No off-premises or on-premises, nonprimary historic directional sign shall exceed 12 feet in height measured from the elevation of the adjoining road, street or highway nor shall its sign area exceed 15 square feet.
(3)
The sign area of each highway directional sign shall be the minimum area necessary for directional purposes. Appropriate quantity, type, height and size shall be determined by the Planning Board based upon site conditions, roadway speed limit, and visibility as recommended by the Building Department. The Planning Board may approve highway directional signs that exceed the height and sign area requirements of this section by not more than 20% in order to facilitate safe and convenient travel by the public.
(4)
The proposed plan shall be designed to create visual unity among the signs within the plan and to ensure compatibility with the primary business sign, surrounding establishments, landscaping and structures, areas and neighborhoods. The proposed plan shall include specifications to which all signs in the plan shall conform, including but not limited to the following: sign type, height, sign area, colors, lettering or graphic style, materials, shape, landscaping and location. Each highway direction sign incorporated in the master highway directional sign plan shall be appropriate to the location and compatible with surrounding land uses, structures, views and landscapes. Lighting of highway directional signs shall be prohibited, unless provided by existing street lighting.
§ 140-114 Interpretation of provisions.
A.
Legislative intent. In their interpretation and application, the provisions of this article shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare.
B.
Noninterference and precedence. This article shall not interfere with, abrogate, annul or repeal any local law, ordinance, rule, regulation or permit previously or hereafter enacted, adopted or issued pursuant to law, provided that, unless specifically excepted, where this article imposes greater restrictions, its provisions shall control.
§ 140-115 (Reserved) [1]
[1]
Editor's Note: Former § 140-115, Penalties for offenses, was repealed 12-3-2009 by L.L. No. 7-2009.
§ 140-116 Severability.
If any section, clause, sentence or part of this article shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, clause, sentence or part thereof directly involved in the controversy in which such judgment was rendered.
§ 140-117 Effect on other laws.
All local laws or parts of local laws, state laws or ordinances in conflict with the provisions of this article are hereby superseded and rendered null and void to the extent necessary to give this article full force and effect upon its adoption pursuant to New York State Municipal Home Rule Law.