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Tonawanda City Zoning Code

ARTICLE 6

- SIGNS

Sec. 82-301.- Compliance with article.

Signs shall be permitted only as provided in this article.

(Code 1989, § 320-35)

Sec. 82-302. - Sign area.

The area of a sign is that area which results by enclosing the outside dimensions of a sign, not including the supports which may affix the sign to the ground or to a structure or building. Where the sign consists of individual letters or symbols attached to or painted on a building or other structure, the sign area shall be considered to be the smallest rectangle which encompasses all of the letters or symbols.

(Code 1989, § 320-36)

Sec. 82-303. - Existing nonconforming signs.

Lawfully existing signs which are accessory to permitted uses but which do not conform to the size or placement or illumination requirements of this chapter may be continued and maintained, but shall not be removed or replaced or altered except in conformance with this chapter.

(Code 1989, § 320-35(D))

Sec. 82-304. - Location.

No sign shall be erected, altered, moved or used except in conformance with this chapter, and then only as an accessory use to a listed permitted use or to a nonconforming use which may lawfully continue in accordance with the terms of this chapter. Signs shall be located only in a front or exterior side yard; except, in a case where a rear yard abuts a navigable waterway, a sign may be permitted facing the waterway.

(Code 1989, § 320-34)

Sec. 82-305. - Permitted signs in R and R-C districts.

In any R or R-C district, signs shall be permitted only as follows:

(1)

Single-family and two-family dwellings. For single-family or two-family dwellings, one sign not exceeding two square feet in area, and indicating only the name and address of the occupant or a permitted occupation, is permitted. Such signs may be attached to a building or be on a separate support not more than four feet in height and shall be at least five feet from any property line and may be illuminated indirectly.

(2)

Multiple dwellings. For multiple dwellings, one sign not over five square feet in area, indicating only the name or address of the dwelling, is permitted. Such signs shall be at least ten feet from any lot line and may be illuminated indirectly.

(3)

Churches and institutional uses. For a church or other permitted institution, club or permitted principal use, one bulletin board or identification sign not exceeding 16 square feet in area is permitted. Such sign shall not be placed within ten feet of any lot line and may be illuminated indirectly.

(4)

"For sale" or "for rent" signs. One nonilluminated sign not exceeding six square feet in area, advertising only the prospective sale or rental of the premises on which such sign is located, is permitted. Such sign shall not be placed within ten feet of any lot line.

(5)

Subdivision signs. One nonilluminated sign not exceeding 25 square feet in area in connection with the development or subdivision of real property is permitted, provided that such subdivision shall contain at least ten subdivision lots and that such sign shall be permitted for a period not to exceed one year and shall not be placed within 25 feet of any lot line.

(6)

Governmental signs. Any sign placed by any governmental agency for public purposes is permitted.

(7)

Nonconforming signs and signs advertising nonconforming use. Nonconforming signs or signs directing attention to a nonconforming profession, business, service, entertainment or commodity conducted, offered, sold or manufactured upon the same lot may be maintained and continued. Such signs may also be replaced by a sign which is not larger, brighter or closer to a lot line than the existing sign nor than would be allowed in the district which first permits the principal use.

(8)

Maximum height. No part of any sign shall be more than 20 feet above the adjoining grade level.

(Code 1989, § 320-35(A))

Sec. 82-306. - Permitted signs in C and M districts.

In any C or M district, signs which direct attention to a business, service, entertainment or commodity conducted, offered, sold or manufactured upon the same lot, including "for rent" or "for sale" signs, are permitted subject to the following restrictions:

(1)

Illuminated signs, except for gasoline brand name signs, shall be attached to the building.

(2)

The total area of signs affixed to a building in such manner that the signs are approximately parallel to the face of the building shall not exceed ten percent of the area of such face.

(3)

On any lot, the aggregate area of all other signs, in square feet, shall not exceed 1/100 of the factor obtained by multiplying the number of linear feet of street frontage of the lot on which the signs are to be placed by the number of linear feet in distance, measured at right angles from the street line to the nearest point at which the sign is to be placed. No more than one such sign shall be permitted for each separate business, service, entertainment or commodity conducted, offered, sold or manufactured upon such lot. Notwithstanding the provisions of subsection (1) of this section, one permitted freestanding sign may be illuminated on each lot which has a frontage width of 100 or more feet.

(4)

No freestanding sign shall be located within ten feet of a lot in an R district or in a corner visibility area, as defined in section 82-443, in any district.

(5)

No sign within 100 feet of an R district boundary shall have a surface area, in square feet, larger than its distance, in linear feet, from such R district boundary, unless such sign is approximately perpendicular to such boundary.

(6)

No part of a sign shall be more than 20 feet above the adjoining grade level of the ground.

(7)

Signs not exceeding a total area of 36 square feet shall be allowed to advertise only the prospective sale or rental of the premises on which located.

(8)

No sign shall project across a street line, except as otherwise provided by city law.

(Code 1989, § 320-35(B))

Sec. 82-307. - Shopping plazas and industrial centers.

For shopping plazas and industrial centers or parks, signs shall be as regulated in section 82-306, unless such plaza or center is created by a provisional amendment in accordance with section 82-142, in which case signs shall be as regulated in the approval given by the common council.

(Code 1989, § 320-35(C))

Sec. 82-308. - Portable signs.

(a)

C-2 district. In a C-2 district only:

(1)

The maximum size of the portable sign shall be eight feet high by four feet wide.

(2)

There shall be no flashing lights.

(3)

Portable signs must be at least 30 feet from the intersecting street lines.

(4)

Use of portable signs shall be by permit only, the permit to run on a temporary basis for a period of seven days. There shall only be allowed four permits per year per business.

(5)

There shall be a permit fee in the amount established in section 30-603(a) for each use of a portable sign. There shall be a deposit in the amount established in section 30-603(a) at the time of application for the permit, which deposit shall be refunded when the sign is removed at the proper time allowed within the period.

(6)

Those persons applying for portable sign permits must show proof of liability insurance at the time of application for the permit for use of the sign.

(7)

The location of portable signs is to be determined by the building inspector.

(8)

Portable signs shall not be placed in an area where there will be an obstruction of vision for traffic or pedestrians.

(b)

Other districts. In all other zoning districts:

(1)

The maximum size of a portable sign shall be five feet high by eight feet wide.

(2)

There shall be no flashing lights.

(3)

Portable signs shall not be placed on city property.

(4)

Portable signs shall not be placed in an area where there will be an obstruction of vision for traffic or pedestrians.

(5)

A permit fee for the use of a portable sign, in the amount established in section 30-603(b), shall be paid to the city. The permit shall expire on December 31 of the year for which issued.

(c)

Signs used for nonbusiness purposes. The restrictions as set forth in subsections (b)(1) through (4) of this section shall apply to portable signs used for nonbusiness purposes; subsection (b)(5) of this section shall not apply to such signs.

(Code 1989, § 320-37(A)—(C))