Schroeppel City Zoning Code
ARTICLE VI
Signs
[Amended 8-17-2006 by L.L. No. 4-2006]
§ 95-27 Compliance required.
No sign or other device for advertising purpose of any kind may be erected or established in the Town except as provided in this article.
§ 95-28 Residential districts.
No sign or device for advertising purpose of any kind may be erected or existing in any residential district except as provided as follows:
A.
Permitted nonresidential uses and any legal nonconforming, nonresidential uses, but not including home occupations as defined in § 95-4, may use one freestanding identification sign not to exceed eight square feet in total face area per side with a maximum of two sides, shall not exceed four feet in height from grade, shall be located within the front property line and 10 feet to the side or rear property line, in addition, each building may use one wall-mounted sign not to exceed eight square feet in area.
B.
Any dwelling unit may display one nameplate or professional sign not exceeding two square feet in area.
C.
Dwellings for five or more families may display one sign identifying the premises having an aggregate total face area of not more than 12 square feet and not projecting beyond the principal building on the lot more than 18 inches.
D.
Any illuminated sign or lighting device shall employ only lights of constant intensity, and no sign shall be illuminated by or contain flashing, rotating, intermittent or moving lights or light. In no event shall illumination be placed or directed so as to permit the beams and illumination to be directed upon any public street, sidewalk or adjacent premises so as to cause glare and/or reflection that may constitute a traffic hazard.
E.
One sign not exceeding eight square feet may be placed in the front yard of a property advertising the contractor doing work on that property. Such sign must be removed upon completion of the project. Such sign may not be illuminated.
§ 95-29 Commercial and industrial districts.
One freestanding sign per 200 feet of road frontage is allowed. The following parameters will be followed:
A.
Freestanding signs shall be limited in size to a maximum of 32 square feet in area per side with a maximum of two sides, shall be located within the front property line, 10 feet from any side or rear lot line and shall not exceed 25 feet in height.
B.
Wall signs shall be limited in size to a maximum of 10% of the area of the wall to which such sign is attached.
C.
Any illuminated sign or lighting device shall employ only lights of constant intensity, and no sign shall be illuminated by or contain flashing, rotating, intermittent or moving lights or light. In no event shall illumination be placed or directed so as to permit the beams and illumination to be directed upon any public street, sidewalk or adjacent premises so as to cause glare and/or reflection that may constitute a traffic hazard.
D.
Signs erected and maintained in execution of governmental functions or required by any law, ordinance or governmental regulation are permitted.
E.
One construction sign is allowed advertising the contractor doing work on the property, such sign shall be contained within the boundary lines of the subject property, shall not exceed 64 square feet, shall be confined to one sign surface per street frontage and shall not be displayed except 14 days prior to the start of construction and terminating not more than 14 days following the completion of construction or the opening of said project or improvement, whichever is sooner.
§ 95-30 Community signs.
Community, shopping center, industrial or commercial complex signs, including but not limited to signs for the purpose of directing persons to a local business or community establishment may be erected in any district, provided that such signs shall be grouped on community poles and shall not be erected without prior Planning Board approval of the location, size, construction and aesthetic characteristics of such signage.
§ 95-31 Projection into right-of-way prohibited.
No sign may project into any public right-of-way.
§ 95-32 Subdivision signs.
Any person offering lots for sale in a subdivision may erect nonilluminated directional signs within the limits of the subdivision or adjoining property in the same ownership having an aggregate total face area of not more than 50 square feet. The permit for such signs shall be issued for a period of one year and may not be renewed after 75% of the lots are sold.
§ 95-33 Exemptions.
The following signs are exempt from the provisions of the above regulations:
A.
Real estate signs which advertise the sale, rental or lease of premises upon which said signs are located having an aggregate total face of not more than six square feet within any residential district or not more than 20 square feet within any commercial or industrial district.
B.
One professional business nameplate not exceeding one square foot in area for any one professional or business establishment where such sign would not otherwise be a permitted use.
C.
One sign denoting the architect, engineer and/or contractor when placed upon work under construction and not exceeding 24 square feet in area. Such sign must be removed at the completion of the project.
D.
Memorial signs for tablet, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material.
E.
Traffic and other municipal signs, directional signs, legal notices and such temporary, emergency or nonadvertising signs as may be authorized by the Code Enforcement Officer. Any traffic signs, which are to be enforceable by law, must be approved by the Town Board.
§ 95-34 Traffic hazard, safety and obstruction.
Every sign shall be designed and located in such a manner as to:
A.
Not impair public safety.
B.
Not restrict clear vision between a sidewalk and street.
C.
Not be confused with any traffic signal or sign.
D.
Not prevent free access to any door, window or fire escape.
§ 95-35 Banners and pennants.
Banners, pennants and similar devices are prohibited, except nonpermanent ones displayed for the occasion of special public events and grand openings of a new business which shall be displayed no longer than for a two-week period.
§ 95-36 Temporary posters.
Temporary, nonpermanent posters covering such things as political events, sporting events, shows and elections shall not be displayed until four weeks prior to the event and must be removed within two weeks after the event. Regularly scheduled events are not allowed to be advertised with temporary posters.
§ 95-37 Permit.
Anyone wishing to erect a legal freestanding sign not involved in the site plan process must obtain a permit from the Code Enforcement Officer for a fee to be determined from time to time by Town Board resolution.
§ 95-37.1 Removal.
Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product available for purchase by the public on the premises shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 10 days after written notification from the Code Enforcement Officer, and, upon failure to comply with such notice within the time specified in such order, the 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.
§ 95-37.2 Existing signs.
A.
Residential districts.
(1)
The owner of an existing sign in a residential district shall apply for a permit within one year of the adoption of this article. Such existing signs shall be considered a nonconforming use and allowed to remain for a period of one year from the adoption of this article. Thereafter, such existing signs shall be issued a permit only after the Code Enforcement Officer has determined that there are no existing violations of this article on the subject premises. Any nonconforming signs that are not brought into conformity within one year of the adoption of this article shall be considered in violation of this article and shall be removed immediately at the owner's expense.
(2)
A failure to correct an existing violation of any nonconforming sign after written notice to the known property owner upon which the sign is situate shall serve to terminate such nonconformity and the sign shall comply with regulations governing new signs before said permit shall be issued.
B.
Billboards and signs in commercial and industrial districts.
(1)
Signs located in industrial and commercial districts and billboards existing at the time of enactment of this article may continue as nonconforming signs conditioned upon compliance with §§ 95-34 and 95-29C of this article and the following:
(a)
Extensions. A nonconforming sign shall not be extended until such time as the property owner has applied for and received a special permit from the Planning Board.
(b)
Abandonment or discontinuance. When a nonconforming sign has been abandoned or discontinued for a period of 12 consecutive months, it shall not thereafter be re-established.
(c)
Changes. Once changed to a conforming sign, no sign shall be allowed to revert to a nonconforming sign.
(d)
Certificates. Existing nonconforming signs shall be certified and a certificate of nonconformity shall be issued within one year of the adoption of this article by the Code Enforcement Officer. Prior to issuance of such certificate, the owner of the sign shall submit a fee as established from time to time by Town Board resolution for such certificate.
§ 95-37.3 Billboards.
A.
Definition: A sign which advertises a product or service offered, which is offered off the premises upon which the service is situated or a sign which announces an event occurring off the premises or promotes the interest of any person or business which does not have domicile or business office on such premises.
B.
Location and placement:
(1)
Billboards and off-premises signs shall only be located along the State Route 481 corridor. No sign shall be erected within 700 feet of a residence, public or private school, park or place of worship.
(2)
Billboards and off-premises signs cannot be erected on the wall or rooftop of a building.
(3)
Billboards or off-premises signs must be a minimum of 1,000 feet apart.
(4)
Billboards or off-premises signs located along New York State Route 481 must obtain approval from the New York State Department of Transportation in addition to a permit from the Town. Proof of same must be submitted to the Town.
C.
Traffic hazard, safety and obstruction. Every sign shall be designed and located in such a manner as to:
(1)
Not impair public safety.
(2)
Not restrict clear vision between a sidewalk and street.
(3)
Not be confused with any traffic signal or sign.
(4)
Not prevent free access to any door, window or fire escape.
(5)
Withstand a wind pressure load of 30 pounds per square foot.
(6)
All billboards and off-premises signs will have a maximum of one vertical support constructed of noncorrosive material.
(7)
Vendor must take protective steps to prevent unauthorized climbing of sign.
D.
Illuminate or flashing signs.
(1)
Signs may be illuminated by a steady light, provided that such lighting does not illuminate an adjacent property.
(2)
Flashing, oscillating and revolving signs are not permitted unless necessary for public safety and welfare.
E.
Size and height.
(1)
All billboard and off-premises signs shall have a maximum gross service area of 350 square feet per sign face (example 15 feet by 22 feet).
(2)
All billboard and off-premises sign structures shall have no more than two independent sign faces, facing in opposite directions or in a V configuration.
(3)
All billboard and off-premises sign structures shall be a minimum of 10 feet above ground level and shall not exceed 40 feet in height above ground level.
F.
Landscaping. All sites shall be landscaped at the base of the structure as specified in the approval issued by the Planning Board in its approving resolution.
G.
Inspection.
(1)
By applying for and receiving a permit, the applicant grants permission for the Code Enforcement Officer to enter upon the premises whereon the sign is erected for the purpose of inspecting the sign for compliance with the New York State Building Codes and the provisions of this section of law as well as any permit conditions imposed by the Planning Board. Inspection could take place at any time without prior notice or approval.
(2)
Billboards not in use for a period of 12 months or longer will be considered an abandoned use and will be subject to removal.
H.
Liability insurance.
(1)
All approvals granted by the Planning Board shall be conditioned upon the applicant's consent to provide continuing proof of valid liability insurance.
(2)
The Planning Board, at its discretion, may require issuance of a bond as part of the approval process.
I.
Special permit. Special permit issuance is contingent on:
(1)
Billboard is in the public interest and is not detrimental to public safety, welfare, or surrounding properties.
(2)
Billboard is of a character and size and location that will be in harmony with orderly development in the district and is in conformance with the Town Comprehensive Plan.