New Windsor City Zoning Code
ARTICLE XIV
Signs
§ 215-77 Applicable regulations.
In order to properly integrate all regulating provisions of signs and to regulate such devices in an orderly and comprehensive manner, it is hereby provided that such signs are subject to regulations as set forth herein. These provisions shall apply to all signs located in the Town of New Windsor.
§ 215-78 General conditions.
All signs shall be subject to the following general provisions:
A.
No sign shall be permitted which becomes unsafe or endangers the safety of a building, premises or person;
B.
No sign shall be permitted unless maintained in a good general condition and reasonable state of repair as determined by the Zoning Administrator;
C.
If a sign becomes unsafe or falls into disrepair, the Zoning Administrator shall order the sign be repaired, renovated, replaced or removed. Such order shall be complied with within 14 calendar days of receipt of such order;
D.
No sign shall be permitted which imitates or resembles an official traffic control device or which hides from view or interferes with the effectiveness of an official traffic control device or traffic sight lines. Illuminated signs shall be so constructed as to avoid glare or reflection on a portion of an adjacent highway or residential building;
E.
No sign shall be erected in the right-of-way for any road or within a required setback area;
F.
Except as provided in § 215-811F, where a sign structure does not include advertising information for a period of 120 continuous days, such sign structure shall thereafter be deemed a violation and shall be removed;
[Amended 12-2-2009 by Ord. No. 10-07-09A]
G.
All signs on and in front of a building shall be immobile, nonflashing and in no way resemble traffic signals or other warning devices;
H.
The total area for all signs on a residential, commercial, or industrial premises shall not exceed one square foot per linear foot of frontage if all other requirements have been met;
I.
In no case shall any sign attached to a building project more than three feet above a roofline;
J.
No more than two signs will be permitted per business in any building or structure.
§ 215-79 Prohibited signs.
The following signs are hereby expressly prohibited for erection, construction, repair, alteration or relocation with the Town:
A.
Banners, pennants, streamers, balloons or other inflatable figures or devices, other than as permitted in this chapter;
B.
Billboards or other off-premises signs;
C.
Moving or flashing signs;
D.
Signs on parked vehicles; not to include ordinary commercial advertising displayed on vehicles used in the course of business;
E.
Signs painted on exterior walls advertising a business not conducted within that same building, subject to provisions of Article XIV hereof.
[Amended 10-2-2013 by Ord. No. 07-03-13]
F.
Signs with obscene or indecent content;
G.
Signs which imitate traffic control devices or imitate, interfere with, obstruct the view of, or might be confused with any authorized traffic control device.
§ 215-80 Signs requiring zoning certificate.
All signs not specifically exempted by this chapter shall require a zoning certificate.
§ 215-81 Signs permitted without a zoning certificate.
The following signs are permitted without zoning certificates in any district, provided that the following conditions are adhered to:
A.
Signs indicating the name and/or premises or accessory use of a home for a home occupation or professional purposes, not exceeding one foot by two feet in area;
B.
Directional or informational signs of a public or quasi-public nature, such as those containing the meeting date of a community or civic club, or the advertising of an event of noncommercial public interest;
C.
Temporary real estate signs, not exceeding 20 square feet, being located on and advertising subject property for sale or lease;
D.
Temporary signs, not exceeding 100 square feet, located on and advertising a new subdivision. Such signs shall be removed within 30 days of settlement on the last house in the subdivision;
E.
Building contractors' and professional persons' temporary signs on buildings under construction, limited to a total area for all signs of 150 square feet;
F.
Signs asserting a position on a political candidate or issue.
[Amended 10-1-2008 by 09-03-08A; 12-2-2009 by Ord. No. 10-07-09A]
§ 215-82 Signs pertaining to uses on premises.
Business signs pertaining to a use on the premises are authorized as an accessory use in all commercial districts, subject to receiving a permit if applicable, provided that the following provisions are adhered to:
A.
No such sign shall project over or into any street right-of-way;
B.
Any sign which is attached to the ground shall be located in such manner that traffic visibility is not impaired;
C.
No exterior sign shall exceed 15 feet in total height, if freestanding;
D.
No business sign shall be so located where it obstructs the vision of traffic using entranceways, driveways or any public road intersection;
E.
No sign shall be located in a road right-of-way or within a required front yard setback;
F.
Temporary signs are not permitted except as otherwise provided in this chapter.
§ 215-83 Temporary signs; penalty.
Temporary business signs shall be permitted within local business and general business zones subject to the following conditions, restrictions and limitations herein:
A.
All temporary signs require a permit issued by the Town of New Windsor. The charge for the permit shall be determined by resolution of the Town Council.
B.
General temporary signs:
(1)
General temporary signs, banners, sandwich boards and pennants are those signs that advertise an activity, service or product not related to a season, holiday or specific time period. General temporary signs must be approved by the Zoning Administrator and shall be displayed only during normal business hours;
(2)
Each property is limited to one general temporary sign. Upon approval, the permit for a general temporary sign shall be granted for no longer than one year. Failure to remove a general temporary sign during nonbusiness hours shall result in revocation of the permit. A permit holder whose permit has been revoked must wait 30 days after revocation before reapplication and shall not be exempted from any required permit fees.
C.
Specific temporary signs:
(1)
Specific temporary signs, banners, sandwich boards and pennants are those signs that advertise a seasonal or time-limited activity, service or product. The Zoning Administrator must approve specific temporary signs;
(2)
No more than one specific temporary sign may be displayed concurrently. A property is limited to six specific temporary signs per calendar year. Upon approval, the permit for a specific temporary sign shall be granted for no more than 30 days and until no more than three days after the specific season, holiday or event. A permit holder who fails to remove a specific temporary sign within the permitted period shall be denied all temporary sign permit applications for a period of no less than 90 days.
D.
General conditions:
(1)
All temporary signs must be kept in good repair and are subject to the general conditions listed in this chapter;
(2)
Temporary business signs shall not exceed a gross surface area of 32 square feet;
(3)
All temporary business signs shall be located only upon the zoning lot upon which the special, unique or limited activity, service, product or sale is to occur. Such signs may be located in any required yard, but shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway;
(4)
Temporary business signs shall not project higher than 12 feet, as measured from base of sign or grade of the nearest adjacent roadway, whichever is higher.
E.
Display without a valid permit. Unless otherwise authorized in this chapter, display of any temporary sign without a permit shall be a municipal infraction punishable by a fine of $25 per occurrence, with each day of display constituting a separate occurrence.
§ 215-84 Nonconforming signs.
A.
Nonconforming signs shall maintain the same appearance and safe conditions as required for conforming signs. A nonconforming sign that becomes damaged from any cause, and the cost to repair exceeds more than 25% of what it would cost the owner to conform, will lose its privilege to remain nonconforming, and it shall be removed or made to conform within 90 days.
B.
Alterations and modifications shall be permitted, providing that the degree of nonconformity is not increased or the sign area increased. Changes in the name of the business or a change in the nature or character of the business shall cause the sign to lose its privilege to remain nonconforming, and it shall be removed or made to conform within 90 days.
C.
A nonconforming sign or sign structure shall be removed within 30 days if the building containing the use to which the sign is accessory is demolished or destroyed to an extent exceeding 50%. It shall be removed and shall not be reconstructed or replaced unless such action makes the sign and sign structure conforming in all respects.
§ 215-85 General sign matrix.
Signs are authorized in the various districts of the Town as provided in the following chart. All signs must conform to size, lighting and other requirements included in this matrix.[1]
[1]
Editor's Note: The Master Sign Matrix Plan by Zoning District is included at the end of this chapter.
§ 215-86 Administration and enforcement.
A.
Except as otherwise provided in this chapter, all applicants shall submit a sign permit application for each and all signs proposed to be erected on a site.
B.
Sign applications shall be submitted to and approved by the Zoning Administrator.
C.
All sign applications shall include detailed drawings which show the design, dimensions, structure, and location of each sign.
D.
The Zoning Administrator shall inspect all applications and ensure compliance with the Master Sign Matrix Plan. If deficiencies or errors are found in the application or accompanying drawings, they will be brought to the attention of the applicant to be corrected. The Zoning Administrator shall either disapprove the application or issue the permit.
E.
All appeals of the decision of the Zoning Administrator regarding signs shall be brought before and decided by the Board of Zoning Appeals.
F.
Any changes made to existing permitted signs will require a new permit.
G.
Signs erected after the adoption of this chapter which are not in conformance with the Sign Code and for which a variance has not been approved by the Board of Zoning Appeals shall be fined based on a fee schedule set the Town Council for each day that the sign remains in noncompliance.