Sardinia City Zoning Code
ARTICLE VII
Sign Regulations
§ 115-64 Purpose; exceptions; definitions.
The purposes of these sign regulations include, but are not limited to, the following: to encourage the effective use of signs as a means of communication in the Town; to maintain and enhance the aesthetic environment and the Town's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; to provide for a mechanism for avoiding visual clutter; and to enable the fair and consistent enforcement of these sign restrictions.
A.
Applicability; effect. A sign may be erected, placed, established, painted, created, or maintained in the Town only in conformance with the standards, procedures, and other requirements of this chapter. The effect of this section as more specifically set forth herein is:
(1)
To establish a permit system to allow a variety of types of signs in the Town, subject to the standards and the permit procedures of this chapter;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
To allow signs in order to promote and foster the free expression of ideas consistent with the scheme set forth in the Constitution of the United States and the New York State Constitution;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without the requirement for permits;
(4)
To prohibit all signs not expressly permitted by this chapter; and
(5)
To provide for the enforcement of the provisions of this chapter.
B.
Exceptions. For the purposes of this chapter, the term "sign" does not include:
(1)
Signs erected and maintained pursuant to and in discharge of any governmental function.
(2)
Signs prohibiting trespassing.
(3)
Integral, decorative or architectural features of buildings, except letters or trademarks.
(4)
Signs not exceeding four square feet per face, directing and guiding traffic and parking on private property and bearing no advertising, trademarks or logos.
(5)
Signs not exceeding one square foot per face, advertising the cost of motor fuel when attached to a fuel pump or service island canopy.
(6)
Signs maintained by residents for purposes of conducting a garage sale, providing such sign is removed within 24 hours of the close of the sale.
C. AGRICULTURAL OR HORTICULTURAL SELLING PURPOSES BUILDING MARKER SIGN SIGN FACE AREA SIGN, BILLBOARD SIGN, FREESTANDING SIGN, INCIDENTAL SIGN, PROJECTING SIGN, TEMPORARY/PORTABLE SIGN, WALL
Sign definitions. As used in this article, the following terms shall have meanings indicated:
Any sign, wording, logo, or other representation that advertises or calls attention to a business which sells and/or promotes seasonal agricultural or horticultural products and/or services, including but not limited to the sale of fruits, vegetables, plants, trees and flowers, and associated goods and services.
[Added 4-12-2012 by L.L. No. 1-2012]
Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.[1]
A name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land which directs attention to an object, product, service, place, activity, person, institution, organization or business and the supporting members thereto. A motor vehicle or trailer shall be deemed a sign if it is lettered or displayed in such a fashion so as to attract attention and is utilized to advertise or otherwise call attention to a business located in, or event taking place in, the Town of Sardinia or surrounding communities.
The entire area within the single, continuous perimeter enclosing the extreme limits of writing, representation, emblems or any figure of similar character together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The supports, upright or structures on which any sign is supported shall not be included in determining the sign face area unless such supports, uprights or structures are designed in such a manner as to form an integral part of the display. Where a sign has only two faces, the area of one sign shall be the face area of the sign. Where a sign has more than two faces, the area of all the faces shall be the face area of the sign.
Any sign that attracts attention to an object, product, service, place, activity, institution, organization or business not available or located on the lot where the sign is located.
A sign resting upon or attached to the ground by means of a integral base or one or more poles or standards. Freestanding signs include both pole signs and ground signs.
A sign that has a purpose secondary to the building lot on which it is located, such as "no parking," "loading only," building directories and similar directives.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any sign affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall.
Any sign that is used only temporarily and is not permanently mounted.
A sign integral with or attached to and supported by the exterior wall of a building or fascia attached to such wall and projecting not more than 12 inches therefrom.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-65 Sign permits.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No sign or support structure shall be erected, constructed or maintained without a permit issued by the Code Enforcement Officer. A permit fee for the processing and issuance of such permits in such amount as the Town Board shall determine, by resolution, from time to time shall accompany all sign permit applications.
§ 115-66 General provisions.
The prohibitions contained in this section shall apply to all signs and use districts.
A.
No sign shall be used to attract attention to an object, product, place, activity, institution, organization or business not available or located on the premises where the sign is located; provided, however, that this shall not preclude signs carrying messages which are expressions of constitutionally protected free speech.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Illumination. Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall any illuminated sign or lighting device be placed so as to permit the beams and illumination therefrom to be directed upon a public street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance. Signs shall not utilize up lighting. The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced. Overhead wires or exposed wires on a sign or its supporting members shall be prohibited.
C.
Signs on public property. No sign shall be placed in any street right-of-way.
D.
Roof signs. Signs shall not be mounted on rooflines or project above the wall line of buildings.
E.
Banners, etc. No banners, posters, pennants, ribbons, streamers, spinners, tethered balloons, inflatable signs or other similar moving, fluttering or revolving signs or devices or strings of lights shall be permitted. One promotional event per year, such as a grand opening, may utilize such signage for a maximum of two consecutive weeks within any one calendar year, providing such signage does not pose a hazard to public health, safety and general welfare of the community. Promotional events shall not run consecutively into another calendar year.
F.
Sign-mounting structures and supports shall be designed and constructed to support live loads, dead loads and wind loads as required by the New York State Uniform Fire Prevention and Building Code.
G.
No sign shall be maintained at any location where, by reason of its position, size, shape, color or appearance, it may obstruct, impair or be confused with any traffic control sign, signal or device or otherwise be positioned where it may interfere with, mislead or tend to confuse vehicular or pedestrian traffic.
H.
No sign shall be attached to a utility pole or tree. Signs shall not be placed upon fences or other exterior features of a site.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I.
All signs utilizing electrical lighting shall be installed and maintained in accordance with the National Electrical Code, as amended and modified from time to time.
J.
No sign shall rotate or otherwise be in physical motion or have parts or elements in motion.
K.
Signs of a temporary nature utilizing electric power, which are connected to a distant power source by means of an extension cord, shall not be permitted if such extension cord lies exposed on the ground or is supported in the air by props.
L.
Signs, frames, mounts and support structures shall be in a safe and structurally sound condition and maintained by replacement of defective or worn parts, painting, repainting, leveling and cleaning.
M.
No sign shall be mounted in an inverted fashion or be mounted in a manner which is not at a 90° angle to a horizontal plane and will not project more than 12 inches from a wall.
N.
Searchlights, rotating lights and flashing lights are not permitted for any purposes.
O.
Signs containing manually interchangeable letters mounted on channels or carriers shall be constructed and/or maintained to protect individual letters from dislocation.
§ 115-67 Design standards.
A.
Freestanding signs. One sign shall be permitted per lot/parcel, including any groups of stores or multiple buildings on one lot/parcel. Such freestanding signs shall not exceed the maximum size as listed below.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Maximum face area for a freestanding sign (double-sided).
(a)
AR Zoning District: 16 square feet per face.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
HR Zoning District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(e)
BL Zoning District.
[1]
One hundred square feet per face for individual business on single lot/parcel.
[2]
One hundred twenty square feet per face for multiple businesses up to 25,000 square feet total.
[3]
One hundred forty square feet per face for multiple businesses 25,000 square feet to 200,000 square feet total.
[4]
Two hundred square feet per face for multiple businesses over 200,000 square feet total.
(h)
MHP Zoning District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Maximum height. Freestanding signs shall not exceed 20 feet from grade as measured to the uppermost part of the sign structure.
(3)
Location on lot. Freestanding signs may be placed with the leading edge of the sign up to the road right-of-way, but must be a minimum of 20 feet from any interior lot line. All freestanding signs shall be located within landscaped areas.
(4)
LED displays. LED displays or variable electronic message boards are permitted to be incorporated into a freestanding sign subject to the following limitations:
(a)
The LED display does not exceed 40 square feet or 50% of the allowable sign face area, whichever is lesser; and
(b)
The interval of the message change does not exceed one message per every 15 minutes; and
(c)
The message change is instantaneous. Moving, scrolling, fading in or flashing messages are not permitted; and
(d)
The display is limited to alphanumeric messages. Graphics, movies or non alphanumeric messages are not permitted; and
(e)
The color of the luminaries or LEDs is limited to red.
 |
B.
Other identification signs. Nonflashing signs (including "for rent" or "for sale" signs) shall be permitted in any business district, subject to the following restrictions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Wall signage. Signage erected, painted or placed upon the exterior of building walls shall be limited to a maximum of 20% of the entire wall area or 200 square feet, whichever is less. Groups of buildings on one parcel, such as a shopping plaza or other unified development, shall be permitted to have signage on all building walls, subject to the maximum cumulative sign areas listed in this article for each parcel/lot. Wall signage on individual buildings and properties with multiple buildings shall not have signs on any walls which are adjacent to an existing residential use or residential zoning district.
(2)
Window appliques. Static appliques or signage placed on the interior of storefront windows shall not exceed 50% of the window glass. Window appliques and similar window signage applied to the interior of a building shall not require a permit.
 |
C.
Maximum cumulative sign areas permitted. The maximum amount of signage which is permitted to be on a parcel/lot shall be based on the following schedule:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Zoning District | |||||||
|---|---|---|---|---|---|---|---|
AR | HR | HB | LC | BL | GCF | PR | MHP |
32 square feet | 16 square feet | 500 square feet | 1,000 square feet | 1,000 square feet | 500 square feet | 500 square feet | 16 square feet |
D.
Flags.
(1)
The use of flags to promote attention to an object, product, service, place, activity, institution, organization or business shall be considered pennants and shall not be permitted. Within the HB, LC and BL Zoning Districts, flags of the United States, New York State, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction shall be permitted, provided that such flag shall not exceed 45 square feet in area and shall be flown from a pole affixed to the ground, the top of which is not more than 30 feet in height from grade. Such flags must be flown in accordance with protocol established by the Congress of the United States for the stars and stripes. Permitted flags shall not be mounted on the roofs of buildings, tops of walls or tops of other covered structures and shall be located a distance from the property line equal to the height of the pole.[1]
E.
Temporary/portable signs. The use of one portable/temporary sign shall be permitted under the following conditions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
A permit is obtained from the Code Enforcement Officer which shall permit a temporary sign display for a maximum of eight weeks within one calendar year.
(2)
Such eight-week period shall be specified by the sign permit applicant and shall be in increments of not less than one week. Sign displays shall not run consecutively into another calendar year.
(3)
The portable/temporary sign is not larger than 32 square feet in face area and, if lighted internally, does not flash or have flashing lights.
(4)
The portable/temporary sign is placed outside of the road right-of-way and does not create visual obstructions for motorists or pedestrians.
(5)
The sign is securely affixed to the ground to prevent disengagement during inclement weather conditions.
(6)
For businesses within a plaza or other multiple building parcel/lot, a maximum of two such portable/temporary signs at any one time may be permitted to be displayed simultaneously. The owner of the plaza must provide each tenant seeking a permit for a temporary/portable sign with a letter of permission allowing for the sign installation on his/her land and such letter of permission must accompany a sign permit application.[2]
[2]
Editor's Note: Original Sec. 2 of L.L. No. 1-2012, adopted 4-12-2012, adding provisions regarding off-site temporary and portable signs for agricultural or horticultural selling purposes as Subsection F of original § 115-22.3 of the 1989 Code, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).