Somers City Zoning Code
ARTICLE XXII
Signs
§ 170-123 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A sign which advertises, directs or attracts attention to or announces a business establishment or profession conducted upon the same lot, including a place where services, entertainment, commodities, merchandise or products are offered, conducted or sold at retail upon said lot.
A sign which directs attention to the sale at retail, upon the same premises, of farm produce, dairy products, poultry or other food products, lawfully grown, raised or produced upon said premises in connection with the operation of a roadside stand pursuant to § 170-72 of this chapter.
An illuminated sign on which such artificial light is not maintained stationary and constant in intensity and color at all times when in use.
Any sign designated to give forth or reflect any artificial light.
A sign indicating the name and profession or occupation of a resident of the same lot, provided that the profession or occupation so indicated is one of those specified in § 170-11 of this chapter, and shall include a bona fide "for sale" or "to let" sign referring to the property upon which such sign is erected.
Any structure or part thereof or any device attached to a structure or painted or represented upon a structure, which shall display or include any letter, word, model, banner, insignia, device or representations used as or which is in the nature of an announcement, direction or advertisement. Directional and traffic signs erected by any duly constituted public authority of the state, county, Town or school district or a sign, which may be illuminated, not exceeding 6 inches by 18 inches, erected or maintained upon a lot to identify the occupant thereof in the case of one-family dwellings shall not be deemed "signs" within the meaning of this definition.
§ 170-124 General restrictions and regulations.
[Amended 10-11-1990 by L.L. No. 3-1990]
In no residence or business district shall any sign or billboard be erected, constructed, displayed, maintained, moved, reconstructed, extended, enlarged or altered except in conformity with and expressly authorized by the provisions of this Article. Signs permitted by this Article shall not be placed, affixed or attached to any tree, except for signs commonly known as "no trespassing" signs.
§ 170-125 Residence districts.
[Amended 4-29-1965]
In residence districts, the following signs are hereby authorized:
A.
One residence business or professional sign not exceeding 150 square inches for each residence.
B.
One "for sale" or one "to let" sign not exceeding two feet by two and one-half feet, set back at least 20 feet from the street line in a Residence R80 District or not exceeding two feet by two feet, set back at least 15 feet from the street line in any Residence R40 District or not exceeding one and one-half feet by two feet, set back at least 10 feet from the street line in any Residence R10 District.
C.
In multifamily residence developments, one sign at each access drive, not exceeding 20 square feet in area or 10 feet in any one dimension. Small, nonilluminated signs not exceeding 1 1/2 square feet in area which are necessary for the direction, safety and convenience of the public shall be permitted. No sign shall be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.
[Added 11-12-1981]
§ 170-126 Business districts.
[Amended 11-10-1959; 4-29-1965]
A.
In NS, CS, PH and OLI Districts the following signs are authorized:
[Amended 8-8-1996 by L.L. No. 16-1996]
(1)
One "for sale" sign or one "to let" sign, each not exceeding 1 1/2 feet by 2 feet.
(2)
In the case of a public garage or gasoline service station, in addition to one business sign not exceeding 150 square inches or a diameter of 12 inches for each gasoline pump, the owner or proprietor of said public garage or gasoline service station may erect and maintain not more than two signs, each not exceeding four feet by five feet, affixed to the principal building or erected on posts within the drive-in area but in no case less than 15 feet from any street or property line. One or both of such signs may be illuminated, but shall comply with the conditions governing illuminated signs in Subsection A(3) below.
(3)
In the case of each other enumerated use permitted in NS, CS, PH or OLI Districts, one or two signs, affixed and parallel to the outer walls of the structure within which the permitted use is situated and facing upon either the principal street giving access to such structure or upon the parking lot appurtenant to such structure, provided that the aggregate area of each such sign shall not exceed one square foot for each linear foot of the building facing such street or such parking lot and devoted to the particular use or business housed therein, and provided, further, that no such sign shall exceed two feet in height or in length exceed 1/2 of the linear footage of wall appurtenant to such permitted use fronting on such street or parking lot. One of said two signs may be an illuminated sign, provided that it shall not be illuminated by flashing or intermittent lights, and no red, green, orange or yellow lights which, by reason of their location, might be confused with traffic lights shall be permitted in connection with any permitted use, and no fluttering or revolving devices, banners or yard signs shall be permitted. Where the building is set back more than 20 feet from the street line, one additional sign not exceeding four feet by five feet may be erected not nearer than 15 feet to the street line. The maximum height of the top of the sign shall not exceed 10 feet above grade.
B.
In Office Business OB-100 and Corporate Research/Office CRO Districts, the following signs are authorized:
[Added 3-9-1978; amended 3-30-1982]
(1)
One freestanding identification sign, not exceeding 100 square feet in area, may be erected at each entrance drive to a permitted principal office use, in addition to any necessary, small directional signs which may be located in and around parking areas and on buildings. All such signs may be illuminated, but shall be required to comply with the conditions governing illuminated signs as set forth in Subsection A(3) above.
§ 170-127 Filing of notice.
The owner of or any person maintaining any sign or billboard as of the effective date of this chapter shall remove the same within 30 days after said date, unless within that time he shall file with the Town Clerk a written notice signed and acknowledged by him, stating his name and residence and the date of erection, location, description and cost of said sign. After the effective date of this Article, the same notice, similarly executed and acknowledged, shall be filed with the Town Clerk at least 10 days prior to the erection thereof. Upon failure to file either of the aforesaid notices, the Building Inspector shall cause the same to be removed upon the direction of the Town Board. This subsection shall not apply to signs referred to in § 170-125A and B or § 170-126A(1).
§ 170-128 Continuation of nonconforming signs and billboards.
Except as provided in the immediately preceding and succeeding sections of this Article, the owner of a sign or billboard lawfully erected, but not conforming to the provisions of this Article, may continue to maintain said sign as a nonconforming use.
§ 170-129 Discontinuance of nonconforming signs and billboards.
Every sign and billboard which, after the effective date of this amendment, exists as a nonconforming use shall be discontinued and removed or changed to a use permitted hereunder at the end of a period equivalent to one year for each $200 or fraction thereof of its present reproduction cost, said period being measured from the first day of January next succeeding its year of erection; provided, however, that in no event shall such period exceed five years or be deemed to expire prior to the first day of January 1956, whichever shall be the later date.