New Windsor City Zoning Code
ARTICLE VIII
Signs
§ 300-38 Compliance required.
No sign (deemed to include any billboards, advertising displays, structures or similar devices) shall be erected, moved, enlarged or reconstructed except as expressly permitted in this article.
§ 300-39 Applications.
Applications to erect a sign within the Town shall be made to the Code Enforcement Officer upon a form provided by the Code Enforcement Officer and shall be accompanied by such information as may be required to assure compliance with all applicable federal, state and local laws and regulations. This information shall include but not be limited to the following:
A.
The name and address of the owner of the premises on which the sign is to be located.
B.
A clear and legible drawing, with a description and nominal dimension, showing the location of the sign which is the subject of the permit. Typical drawings may be as follows:
(1)
For signs mounted on building facades: building elevation showing sign location, copy, dimensions and mounting details.
(2)
For freestanding identification or directory signs: a site plan showing approximate sign locations and setbacks, elevation, copy and dimensions of the sign and details of the post and base assembly.
§ 300-40 Issuance of permit.
A.
The Code Enforcement Officer shall issue a permit for the erection, alteration or relocation of all signs within the Town, with the exception of exempt signs as defined herein, when the permit application is properly made and all appropriate fees have been paid.
B.
No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign, nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. For purposes of determining the expiration date of any permit, the date of issuance of the permit shall be deemed the time at which the sign is erected or installed.
§ 300-41 Permit fee.
Application for permits shall be filed with the Code Enforcement Officer, together with the required permit fee. The amount of the fee shall be in accordance with the Standard Schedule of Fees of the Town of New Windsor.[1]
§ 300-42 Appeal of permit denial.
When a sign permit application is denied by the Code Enforcement Officer, he shall give written notice of the denial to the applicant, together with a brief written statement of the reason or reasons for denial. Any appeal shall be taken to the Zoning Board of Appeals and shall be made to the Board in accordance with § 300-85.
§ 300-43 Permit exceptions.
The following operations shall not be considered as creating a sign insofar as requiring the issuance of a sign permit, but the signs must be in conformance with all other codes, electrical laws and regulations of the Town:
A.
The changing of the advertising copy or message on an existing approved painted or printed sign, marquee, changeable copy sign or a similar approved sign, whether electrical, illuminated, variable message display (i.e., digital or electronic), or nonilluminated painted message, which are all specifically designed for the use of replaceable copy.
[Amended 5-3-2023 by L.L. No. 4-2023]
B.
The painting, repainting, cleaning or other normal maintenance and repair of a sign not involving structural changes. Replacement of the plastic face will be included as an exempt operation, provided that it is due to a change caused by breakage and/or deterioration of the face but not for the substitution of a new or different advertiser.
C.
Changes in the content of show window displays and permitted temporary signs with a valid permit.
D.
No Town-erected sign shall require a permit for same.
[Added 5-3-2023 by L.L. No. 4-2023]
§ 300-44 Required signs.
A.
Each residential and/or commercial building, structure or development in the Town shall be required to install satisfactory identification indicating the house (or building) number and, as applicable, name of the occupant or the location. This requirement shall be deemed necessary for health, safety and general welfare should an emergency incident occur. Required signs shall comply with the applicable provisions of this Code and shall be subject to the guidelines of the Town Emergency 911 Coordinator.
B.
All commercial parks and/or multifamily developments shall provide, where required by the Code Enforcement Officer, or as required by the Planning Board, a directory and directional sign intended to assist (guide) emergency response units to locations within the development. Such signs shall be subject to review of the Town Emergency 911 Coordinator and the officer and/or board requiring the installation.
C.
Fire prevention signage.
(2)
For firefighting purposes, all existing fire walls that are not identifiable by the extension of the fire wall through the roof must be marked by a sign on the exterior wall of the building at each end of the fire wall, in order to be seen by firelighters. The sign is to read "fire wall here" and is to be clearly visible and unobstructed from view on the outside of the building. The sign shall be six inches in width and two feet in length. The sign is to be affixed to the exterior building wall under the soffit of the building.
D.
Installation of required signs under this section shall be exempt from permitting requirements.
§ 300-45 Permitted accessory signs.
A.
Nonresidential zoning districts (AP, NC, HC, LC OLI, and PI).
(1)
Freestanding signs.
(a)
For any nonresidential business site, permitted by right, by special permit or by variance, one freestanding, indirectly illuminated sign supported by an ornamental post or base set in the ground behind the property line or sidewalk line so as to be free of pedestrian traffic, not obstruct sight distance or otherwise pose a hazard or be a nuisance, or one similarly freestanding variable message display, shall be permitted.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
Such signs shall not exceed 64 square feet, total all faces, nor be more than 15 feet above ground level, measured from the top of the sign to the average ground level at the sign base.
[Amended 5-3-2023 by L.L. No. 4-2023]
(c)
Such sign shall not be illuminated in a manner so as to create a hazard or nuisance to traffic or adjoining properties.
(d)
If the site has two main vehicular entrances, the Planning Board may approve, at its discretion, one additional full-size freestanding sign, or freestanding variable message display, at the second entrance, but in no case shall the signs be spaced closer than 300 feet (measured along the road frontage).
[Amended 5-3-2023 by L.L. No. 4-2023]
(e)
Variable message displays within the Town of New Windsor shall, with regard to issues concerning display timing, placement, visibility and legibility, be guided by applicable state and federal guidance in effect at time of installation, including but not limited to that contained within the Manual on Uniform Traffic Control Devices (MUTCD) and that issued by the NYS Office of Traffic Safety and Mobility and Federal Highway Administration.
[Added 5-3-2023 by L.L. No. 4-2023]
[1]
Display visibility: Visibility is the distance at which a motorist can first detect a sign on the roadway. Components of visibility include the ease in which a sign can be detected and how well it attracts the driver's attention (target value); the ease in which the message can be seen (brightness); the ease in which the message can be read (legibility); and the ease in which it can be read from the side (cone of visibility). To the extent any specific values are required to meet these components of visibility, they are set forth elsewhere within this article, except for brightness, which is discussed here. Brightness (or luminance) is the amount of light that is coming from a variable message display. All variable message displays must include technology that automatically and continuously monitors ambient light levels and adjusts the brightness of the display so that any such display is legible at all times during daylight or nighttime, unless impracticable given various weather conditions that are understood to affect brightness. No such display shall allow for manual overriding of light intensity. Certification must be provided to the Town Building Department demonstrating that any such display has been preset to automatically adjust the brightness to allow for continuous visibility, and that the preset intensity level is protected from end user manipulation by password protected software or other approved method. In the event of a complaint, Code Enforcement may require reinspection and recalibration in its reasonable discretion, at the owner's expense, to ensure that proper brightness levels are maintained at all times.
[2]
Display placement: Variable message displays shall be plainly visible to motorists traversing the roadways upon which they face; they shall not impede the path of traffic or emergency vehicles; they shall be raised so that the bottom of the display is at a minimum height of five feet off the surface, which shall be level; they shall be turned towards the view of oncoming motorists, at an approximate five to 10 degree angle perpendicular from the road's centerline; and if more than one such display is visible to a driver at the same time on either side of the roadway, the displays must be spaced at least 2,500 feet apart on controlled access highways and at least 300 feet apart on all other types of roadways.
[3]
Display legibility: Variable message displays must be legible from a minimum of 650 feet from all lanes within roadways less than 45 mph, and 1,000 feet from all lanes for roadways with speed limits 45 mph or more. Messages on such displays may not contain the appearance of motion or animation, though transitions between messages may contain the appearance of motion or animation.
[4]
Display timing: Motorists' exposure time to a variable message display message must always be equal to or greater than the message display time. Depending upon the speed of the roadway, message length must be adjusted to ensure the display time fits within the exposure time and affords motorists time to read the complete message twice. The minimum display time for a variable message display panel is 1.5 seconds, with a customary time interval of 2.0 seconds or longer per panel, as per the MUTCD.
[5]
Other requirements: The use, size and location of electronic variable message displays must comply with all other relevant regulations and laws of the Town and may only display messages about goods, services or events that are sold by or sponsored by the owner/occupant of the property where the display is located, with exceptions made only for the display of messages about public emergencies, public events and the recruitment for volunteer public emergency and fire services. Variable message displays may not be used to display messages that would be considered obscene, per NYS Penal Law Article 235, or messages containing any offensive sexual material, per NYS Penal Law § 245.10, 245.11 and 245.15.
(2)
Facade signs.
(a)
For any nonresidential business site, in addition to any permitted freestanding signs, one sign for each permitted business, whether static or variable message display type, may be located on the building facade, with the sign face not to exceed 3.5 feet in height and 12 feet in width, or 42 square feet of total surface area, whichever is greater. Any such variable message display must comply with all the same regulations discussed above in § 300-45A(1), Freestanding signs.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
If the building face (at the location where the facade sign is to be mounted) is greater than 300 feet from the street (property) line which it fronts, the maximum permitted height of the facade sign can be increased to 4.5 feet.
(c)
If a permitted business or establishment has more than one main building entrance, one additional full-size facade sign will be permitted, but in no case shall the additional sign be located on the same building face as the other permitted sign.
(3)
Temporary signs.
(a)
Temporary signs, whether static or variable message display type, shall not exceed 64 square feet, total all faces (unless otherwise specifically noted), and may be displayed for not more than 45 consecutive days in any consecutive twelve-month period, except as permitted under Subsection A(3)(c) and (d) below. Any such variable message display must comply with all the same regulations discussed above in § 300-45A(1), Freestanding signs.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
One real-estate-type temporary sign, whether static or variable message display type, shall be permitted for any structure for sale, lease or for rent, provided that such sign is located entirely on the property to which the sign applies, with such sign not to exceed six square feet, total all faces, and not to exceed six feet in height. Such use shall cease within 30 days after sale or rental is consummated and any such variable message display must comply with all the same regulations discussed above in § 300-45A(1), Freestanding signs.
[Amended 5-3-2023 by L.L. No. 4-2023]
(c)
One temporary subdivision or site plan development sign in connection with the marketing of lots or structures in a subdivision or site plan application shall be permitted, whether static or variable message display type, subject to the following conditions:
[Amended 5-3-2023 by L.L. No. 4-2023]
[1]
Such permits may be issued for a period not to exceed one year for each permit, upon written application at least 30 days prior to its expiration.
[2]
Legend. The sign may contain advertising in connection with the name of the subdivision, development, firm, building contractor or real estate sales firm and may refer to materials, appliances, supplies and building trades used in the construction of the dwelling units or services provided by the developer.
[3]
No such sign shall be permitted to remain in one subdivision for the purpose of advertising the sale of lots or structures in another subdivision.
[4]
Such signs are not to exceed 64 square feet, total all faces, nor be more than 15 feet above ground level, measured from the top of the sign to the average ground level at the sign base.
[5]
The temporary development sign use shall cease within 30 days after the sale of the last subdivision lot or rental/sale of the last site plan structure/occupancy.
[6]
Any such variable message display must comply with all the same regulations discussed above in § 300-45A(1), Freestanding signs.
(d)
Temporary signs shall be placed on the property so as not to obstruct any pedestrian traffic, not obstruct sight distance nor otherwise pose a hazard or be a nuisance.
(e)
If illuminated, temporary signs shall be internally illuminated or, if directly illuminated, shielded to prevent glare or a nuisance and shall not include any flashing-type lights.
(4)
Portable signs.
(a)
A new business, or a business in a new location, awaiting installation of a permanent sign may utilize a portable sign, whether static or variable message display type, for a period of not more than 60 consecutive days or within 30 days from installation of a permanent sign, whichever occurs first. One thirty-day extension will be permissible, if approved by the Code Enforcement Officer.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
A portable sign is hereby defined as a sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.
(c)
Portable signs shall be placed on the property so as not to obstruct any pedestrian traffic, not obstruct sight distance nor otherwise pose a hazard or be a nuisance.
(d)
If illuminated, portable signs shall be internally illuminated and shall not include any flashing-type lights.
(e)
Any portable variable message display must comply with all the same regulations discussed above in § 300-45A(1), Freestanding signs.
[Amended 5-3-2023 by L.L. No. 4-2023[1]]
[1]
Editor's Note: This local law also redesignated former Subsection A(4)(e) as Subsection A(4)(f).
B.
Residential zoning districts (R-1, R-2, R-3, R-4, R-5 and the CL-1 Zones).
(1)
Freestanding signs.
(a)
For any nonresidential business site permitted in a residential zoning district, or multiple-residence development permitted by right, by special permit or by variance, one freestanding, illuminated sign supported by an ornamental post or base set in the ground behind the property line or sidewalk line, so as to be free of pedestrian traffic, not obstruct sight distance, or otherwise pose a hazard or be a nuisance, shall be permitted. No variable message displays shall be permitted, unless express written approval is granted by the Town's Zoning Board of Appeals.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
For uses other than multiple-residence developments, such signs shall not exceed 20 square feet, total all faces, nor be more than six feet above ground level, measured from the top of the sign to the average ground level at the sign base. For multiple-residence developments, such signs shall not exceed 40 square feet, total all faces, nor be more than six feet above average ground level.
(c)
Such signs shall not be illuminated in a manner so as to create glare, a hazard or a nuisance to traffic or adjoining properties.
(d)
Accessory to permitted residences, one nonilluminated occupation or professional sign shall be permitted with an area not to exceed six square feet, total all faces, and not to exceed six feet above ground level.
(e)
If a multiple-residence development has more than one main vehicular entrance, the Planning Board may approve, at its discretion, additional full-size freestanding signs at the additional entrances, but in no case shall the signs be spaced closer than 300 feet (measured along the road frontage), nor shall any such sign be of the variable message display type.
[Amended 5-3-2023 by L.L. No. 4-2023]
(2)
Facade signs. For any nonresidential business site, in addition to any permitted freestanding signs, one sign for each permitted business may be located on the building facade, with the sign face not to exceed four square feet. No variable message displays shall be permitted, unless express written approval is granted by the Town's Zoning Board of Appeals.
[Amended 5-3-2023 by L.L. No. 4-2023]
(4)
Portable signs. Portable signs are not permitted in residential zoning districts.
§ 300-46 Prohibited signs.
The following types of signs or artificial lighting is prohibited:
B.
Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use, or signs including materials which move or appear to move, unless such signs are deemed variable message displays permitted by the article.
[Amended 5-3-2023 by L.L. No. 4-2023]
C.
Signs which project over a public street or right-of-way.
D.
Signs which compete for attention with or may be mistaken for a traffic signal, or signs which purport to be or are an imitation of or resemble an official traffic sign or signal or which bear the words "stop," "go slow," "caution," "warning" or words to this effect.
[Amended 5-3-2023 by L.L. No. 4-2023]
E.
The outlining by direct illumination of all or any part of a building, such as a gable, roof, side, wall or corner, except for temporary holiday lighting.
F.
Unless expressly allowed for elsewhere in this section, signs made of cardboard, paper, canvas or similar impermanent materials.
[Amended 5-3-2023 by L.L. No. 4-2023]
G.
Outdoor advertising boards that either have a custom printed graphic panel or poster holder attached to hinges on the frame that allow the "sign" to swing with the wind.
[Amended 5-3-2023 by L.L. No. 4-2023]
H.
A-frame or sandwich board, sidewalk or curb signs, except as set forth in § 300-50Q of this article.
I.
Signs which bear or contain statements, words or pictures of an obscene, pornographic or immoral character, as defined and prohibited in NYS Penal Law Article 235 or §§ 245.10, 245.11 and 245.15, or which contain false advertising, as defined in NYS General Business Law § 350-a.
[Amended 5-3-2023 by L.L. No. 4-2023]
J.
Inflatable signs, figures or objects which compete for motorist attention.
[Added 5-3-2023 by L.L. No. 4-2023]
§ 300-47 Abandoned signs.
Such business signs that advertise an activity, business, product or service which is no longer conducted or available on the premises on which the sign is located shall be prohibited.
§ 300-48 Parking of advertising vehicles prohibited.
No person shall park any vehicle or trailer on a public right-of-way, public property or on private property so as to be visible from a public right-of-way if said vehicle or trailer has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same premises. This section is not intended to prohibit any form of vehicular signage, such as a sign attached to a bus or lettered on a motor vehicle, provided that such vehicles have current year registrations.
§ 300-49 Public areas.
[Amended 5-3-2023 by L.L. No. 4-2023]
No sign shall be permitted which is placed on public property or over or across any street or public thoroughfare, except by the Town of New Windsor or as may otherwise expressly be authorized by this article.
§ 300-50 Exempt signs.
[Amended 4-7-2021 by L.L. No. 3-2021; 5-3-2023 by L.L. No. 4-2023]
The following signs are exempt from the permit requirements set forth by this article, except that, where noted, size, quantity and other indicated limitations shall apply for the specific type of sign, and maintenance of all signs, as described elsewhere in this article, shall be required:
A.
One construction sign per construction project, not exceeding 10 square feet in area in residential zones and 30 square feet in area in nonresidential zones, provided that such signs shall be erected no more than 30 days prior to the beginning of construction for which a valid building permit has been issued, shall be confined to the site of construction and shall be removed no later than 30 days after completion of construction and/or prior to occupancy.
B.
Nonelectrical, nonilluminated, directional or instructional signs as reasonably necessary to provide direction or instruction and located entirely on the property to which they pertain; signs identifying restrooms, public telephones or walkways; or signs providing direction, such as parking lot entrances and exits; except that, where a project is subject to site plan review, at the sole discretion of the Code Enforcement Officer, these type signs may require application to the Planning Board for approval.
C.
Flags, emblems or insignia-type signs of any nation, state, political subdivision, or corporation. The maximum permitted height for these type signs shall be 25 feet in residential zones and 35 feet in nonresidential zones. No more than three such signs (flags, emblems or insignia) in total shall be installed (displayed), unless the additional signs are approved by the Planning Board as an element of a site plan.
D.
Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety which are erected by or on the order of a public officer in the performance of his public duty.
E.
Temporary holiday decoration signs of a primarily decorative nature, customary and commonly associated with a national, local or religious holiday.
F.
House numbers and nameplates (nonilluminated) for each residential dwelling unit, not to exceed two square feet, total all faces, indicating the name of the occupant and/or the location.
G.
Interior signs located within a building or stadium or within an enclosed lobby or court of any building and signs for and located within the inner or outer lobby, court or entrance of any theater.
H.
Memorial signs, tablets or plaques or names of buildings and dates of erection when cut into any masonry surface, inlaid or otherwise directly fastened to the building so as to be part of the building or when constructed of bronze or other noncombustible material.
I.
Notice bulletin boards not over 20 nominal square feet in area for medical, public, charitable, civil or religious institutions, where the same are located on the premises of said institutions.
J.
"No Trespassing" or "No Dumping" signs (or similar such signs) not to exceed 1 1/2 square feet in area per sign, spaced evenly along the property, spaced no closer than 250 linear feet, measured along the property line; however, in each case, one such sign will be permitted on each side of the property, regardless of spacing (separation).
K.
Public notices. Official notices posted by public officers or employees in the performance of their duties.
L.
Public signs (temporary or permanent) required or specifically authorized by any law, statute or ordinance, which signs may be of any type, number, area, height above grade, location, illumination or animation required by the law, statute or ordinance under which the signs are erected.
M.
Religious symbols, commemorative plaques of recognized historical agencies or identification emblems of religious orders or historical agencies, provided that no such symbol, plaque or identification emblem shall exceed four square feet in area, and provided further that all such symbols, plaques and identification emblems shall be placed flat against a building.
N.
Warning signs, alerting the public to the existence of danger but containing no advertising material, of a size as may be necessary, to be removed upon subsidence of danger.
O.
At gasoline stations and repair garages:
(1)
Integral graphics or attached price signs on gasoline pumps, and graphics or company identification on island canopies; however, the size or shape of the canopy shall not be modified to expand the same for purposes of additional signage use. This does not exempt canopies from the required reviews and approvals of the Code Enforcement Officer and Planning Board.
(2)
Two price, product or promotional signs, each not exceeding 12 square feet (total all faces) or six square feet per side, if located on the pump island, or set not closer than 10 feet from the edge of the roadway pavement, nor exceeding eight feet above grade, nor situated so as to impair visibility for pedestrians or motorists.
P.
Signs of a temporary nature erected as participation in approved public parades, public events or public celebrations. Such signs shall not be erected or otherwise displayed for more than a total of 10 days, nor three days after the event. Such signs shall not obstruct vehicular or pedestrian sight distance or movement nor otherwise create a nuisance.
Q.
Banners and related signs. In nonresidential districts, banners, flags, streamers, pennants and the like will be permitted as a special business opening promotion for a total period of 30 days on a one-time basis only. In residential districts in connection with an open house or model home demonstration for a new project, such banners, flags, streamers, pennants and the like shall be permitted for a total period of 15 days on a one-time basis per project or section of a project.
R.
Political campaign signs announcing the candidates seeking public office and other data pertinent thereto, up to an area of 32 square feet for each lot. All such signs shall be confined to private property and removed within 14 days after the election for which they were displayed.
S.
All governmental signs and variable message displays designed and used to advertise or announce any governmental sponsored events, functions and/ or services.
§ 300-51 Construction specifications.
[Amended 5-3-2023 by L.L. No. 4-2023]
All signs shall comply with applicable provisions of the New York State Uniform Fire Prevention and Building Code and the National Electrical Code, year of latest revision, and the additional construction standards hereinafter set forth in this section.
A.
Obstruction to exits. 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.
B.
Obstruction to ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that such signs may be erected in front of and may cover a transom when not in violation of the provisions of the Uniform Fire Prevention and Building Code.
C.
Clearance from high-voltage power lines. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than 24 inches horizontally or vertically to any conductor or public utility guy wire.
D.
Drainage. The roofs of all marquees shall be properly guttered and drained.
§ 300-52 Freestanding signs.
All freestanding sign structures or poles shall be self-supporting structures erected on or permanently attached to concrete foundations.
A.
Wind loads. All signs except those attached flat against the wall of a building shall be constructed to withstand wind loads as follows. (Note: The wind loads quoted below are normal averages and must be adjusted for areas subjected to unusually high-velocity winds, for signs of extraordinary height or for certain wind tunneling effects created by large buildings).
(1)
For solid signs: 30 pounds per square foot of the total face area of the letters and other sign surfaces.
§ 300-53 Sign anchoring.
[Amended 5-3-2023 by L.L. No. 4-2023]
No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. All signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.
§ 300-54 Removal and disposition of signs.
A.
Maintenance and repair. Every sign, including but not limited to those signs for which permits or for which no permits or permit fees are required, shall be maintained in a safe, presentable and good structural, material condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said sign. The Code Enforcement Officer shall require compliance with all standards of this article. If the sign is not made to comply with adequate safety standards, the Code Enforcement Officer shall require its removal in accordance with this section.
B.
Abandoned signs. Except as otherwise provided in this article, any sign which is located on property which becomes vacant and unoccupied for a period of three months or any sign which pertains to a time, event or purpose which no longer applies shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. An abandoned sign is prohibited and shall be removed by the owner of the premises.
C.
Dangerous or defective signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises.
D.
Unlawful signs. No person shall erect, or permit to be erected on any premises owned or controlled by him, any sign which does not comply with the provisions of this article.
E.
Street improvement projects. Any sign projecting over a public right-of-way at the time of the effective date of this article (which sign was subject to removal or relocation at the owner's expense pursuant to a permit or other local law of the Town) shall be removed by the owner or altered at the owner's expense to comply with the regulations of this article if, as the result of or after completion of a street improvement project, said sign does not or would not comply with the provisions of this article.
§ 300-55 Removal of signs by Town.
A.
The Code Enforcement Officer shall cause to be removed any sign that, in the Officer's sole discretion, endangers the public safety: this shall include, but not be limited to, signs that are abandoned; dangerous; materially, electrically or structurally defective; and those for which no permit has been issued.
[Amended 5-3-2023 by L.L. No. 4-2023]
B.
The Code Enforcement Officer shall prepare a notice, which shall describe the sign, specify the violation involved, and state that if the sign is not removed or the violation is not corrected within 30 days, it shall be removed in accordance with the provisions of this section. All notices mailed by the Code Enforcement Officer shall be sent by certified mail, return receipt requested to the last known address of the property owner or occupant. Any time periods provided in this section shall be deemed to commence on the date of the mailing of the certified mail.
[Amended 5-3-2023 by L.L. No. 4-2023]
(1)
For all signs, the aforementioned notice shall be mailed to the address where the sign is located and/or believed to be associated, and to the owner of the property on which the sign is located as shown on the last equalized assessment roll. Any person having an interest in the property on which the sign is located may appeal the determination of the Code Enforcement Officer. For all signs, the notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. Any person having an interest in the property on which the sign is located may appeal the determination of the Code Enforcement Officer ordering removal or compliance by filing a written notice of appeal with the Zoning Board of Appeals within 30 days after receipt of the notice.
(2)
In case of nuisance signs, which Code Enforcement deems a temporary and insubstantial value, including but not limited to paper, cloth, flags or cardboard signs affixed to telephone poles or stuck in the ground, the Code Enforcement Officer may remove such signs on the spot or direct the immediate removal of same without notice.
C.
In cases of emergency, the Code Enforcement Officer may cause the immediate removal of a dangerous or defective sign without notice.
D.
Any sign removed by the Code Enforcement Officer shall become the property of the Town and may be disposed of in any manner deemed appropriate by the Town. The cost of removal by the Town shall be considered a debt owed to the Town by the owner of the property and/or sign, and may be recovered in an appropriate court action by the Town or by assessment against the owner of the property with which it was associated. The cost of removal shall include any and all related expenses incurred by the Town in connection therewith..
[Amended 4-7-2021 by L.L. No. 3-2021; 5-3-2023 by L.L. No. 4-2023]
§ 300-56 Legal nonconforming signs.
A.
Notification of nonconformance. After the enactment of this article, the Code Enforcement Officer shall, as soon as practical, survey the Town for signs which do not conform to the requirements of this article. Upon determination that a sign is nonconforming, the Code Enforcement Officer shall use reasonable efforts to so notify, either personally or in writing, the owner of the property on which the sign is located of the following:
[Amended 5-3-2023 by L.L. No. 4-2023]
B.
Signs eligible for characterization as legal nonconforming. Any sign located within the Town limits on the date of adoption of this article or located in an area annexed to the Town thereafter which does not conform to the provisions of this article is eligible for characterization as a legal nonconforming sign and is permitted, provided that it also meets the following requirements:
[Amended 5-3-2023 by L.L. No. 4-2023]
(1)
The sign was covered by the permit issued or variance provided on the date of adoption of this article, if one was required under applicable law.
(2)
If no permit was required under applicable laws, the sign was, in all respects, in compliance with applicable law on the date of adoption of this article.
C.
Loss of legal nonconforming status.
(1)
A legal nonconforming designation may be lost in the event that:
(a)
The sign is altered in any way in structure or copy (except for changeable copy signs or normal maintenance replacement due to damage, provided that the replaced portion is a duplicate of the original), which tends to or makes it less in compliance with the requirements of this article than it was before the alteration.
[Amended 5-3-2023 by L.L. No. 4-2023]
(b)
The sign is relocated to a position making it less in compliance with the requirements of this article.
(c)
The sign is replaced.
D.
Legal nonconforming sign maintenance and repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign, or the owner of the property on which the legal nonconforming sign is located, from complying with the provisions of this article regarding the safety, maintenance and repair of signs; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify its structure or copy in any way which makes it more nonconforming or the sign may lose its legal nonconforming status.
[Amended 5-3-2023 by L.L. No. 4-2023]
§ 300-57 Special exceptions.
A.
The intent of this section is to allow certain provisions of this article to be modified, where such modification will encourage excellence in the planning and design of signs. Nothing in this section, however, is intended to permit the erection or maintenance of signs which are prohibited by this article.
B.
In the event that any party wishes to construct or install a sign or signs other than as permitted in this article, that party shall be entitled to a hearing before the Zoning Board of Appeals. Governing rules for appeals and variances required by the Zoning Board of Appeals shall apply.
[Amended 5-3-2023 by L.L. No. 4-2023]
§ 300-58 Penalties for offenses.
Failure to comply with any provision of this article shall be punishable as provided in § 300-81 of this chapter. Noncompliance shall be deemed to have commenced the day after the final date of compliance set forth in an order from the Code Enforcement Officer.