Utica City Zoning Code
ARTICLE V
Sign Regulations
Sec. 2-29-131 Purpose, intent and applicability.
[Ord. No. 4, 2-3-2021]
(a)
Purpose. The purpose of this division is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public right-of-way, provide more visual open space, to curb the deterioration of the community’s appearance and attractiveness.
(b)
Applicability. No replacement, modification or installation of a new sign shall be permitted unless in conformance with this article.
(c)
All signs in the Scenic and Historic District require Scenic and Historic Commission approval.
Sec. 2-29-132 General regulations.
[Ord. No. 4, 2-3-2021]
The following regulations shall apply to all signs:
(a)
All signs shall be constructed in accordance with the New York State Uniform Fire Prevention and Building Code, shall be maintained in a good condition, shall be kept free of defects or hazards and shall not be allowed to become dilapidated or deteriorated. Excessively weathered or faded signs shall be removed or put into a good state of repair. All non-operative or broken interior lighted illuminated signs shall be repaired.
(b)
Signs may be erected or maintained only in connection with permitted uses or uses with a valid certificate of non-conformity.
(c)
Signs shall not be erected within the public right-of-way, which for the purpose of this section shall be construed to extend to and include the sidewalks on both sides of every street having same.
(d)
No sign shall obstruct any fire escape (or door leading thereto) or window, nor shall any sign be attached to a fire escape.
(e)
All signs shall be plainly marked with the name and address of the applicant and/or property owner relative to said sign in a manner prescribed by the Department of Codes Enforcement.
(f)
Flashing, rotating, revolving, reflecting, intermittent portable or mobile signs shall be prohibited.
(g)
Illumination of signs shall be so arranged so as to prevent direction thereof upon a public street or adjacent premises that may constitute a traffic hazard or public nuisance.
(h)
Snipe signs painted, erected, affixed or maintained on any bench, utility pole, tree, stone or any natural object in the public right-of-way shall be prohibited.
(i)
No rooftop balloons shall be allowed.
(j)
No off-premises signs are allowed. This does not apply to billboards.
Sec. 2-29-133 Definitions.
[Ord. No. 4, 2-3-2021]
As used in this article, the following terms shall have the meanings indicated:
A sign which has not correctly directed at any person or advertising a bona fide business, lessor, owner, product or activity conducted or product available on the premises where such sign is displayed.
Any sign used to promote specific products, brands, events, sales or other promotions available in connection with the business operating on the property.
A sign attached to or made a part of a canopy, including marquees and awnings either attached to a building or freestanding.
Any sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
A noncommercial sign beneficial to public safety or traffic control in connection with a use on the lot on which it is displayed or beneficial to public convenience and safety in connection with directions to the location of a municipal, religious or noncommercial public facility.
The number of seconds between changes in the appearance of an electronic message sign.
An electronic message center (EMC), typically comprising a liquid crystal diode (LCD), light-emitting diode (LED), plasma, light bulbs, or other digital illuminated display that contains one or more messages. An electronic message center is different from an illuminated sign in that the illumination of the display creates the message, rather than an internal or external light source illuminating the message. Also known as "electronic sign" or "digital sign."
A measurement of the amount of light reaching an object. A footcandle is the measurement of the intensity of one lumen of light falling on one square foot of surface area one foot away from the source.
A detached sign which is supported by one or more columns, uprights, poles or braces extended from the ground or from an object on the ground, or a detached sign which is erected on the ground, provided that no part of the sign is attached to any part of any building, structure or other sign.
Any sign illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.
Any small sign, emblem or decal of a noncommercial nature without advertising and intended primarily for the safety and convenience of the public.
Also known as ‘twirl time’. The amount of time to transition between two successive messages on an electronic display sign. (Note: not to be confused with "dwell time" which is the number of seconds between message change intervals.)
An identification sign for a commercial site with multiple tenants displaying the names of each tenant on the site.
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 other sign. It does not apply to sidewalk signs or signs or lettering on buses, taxis, or vehicles operating during the normal course of business.
A sign which projects more than 15 inches from a building face and has copy on more than one side.
A sign erected on a vertical framework supported by or located entirely over the roof of a building.
A moveable sign not secured or attached to the ground or surface upon which it is located.
Any material, structure or device, or part thereof, composed of lettered or pictorial matter which is located outdoors, or on the exterior of any building, or indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.
Any sign of any material whatsoever that is attached in any way to a utility pole, tree, or any object located or situated on public or private property.
Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed before or after an event.
An electronic changeable message sign using instantaneous transitions and giving the illusion of motion, with no meaningful dwell time between changes in the display.
A sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall, and not extending more than 15 inches from the face of such wall.
A sign visible from a sidewalk, street, highway or other public place, painted or affixed on glass or other window material, or located inside within six feet of the window, but not including incidental advertising within an office or business establishment.
Sec. 2-29-134 Sign types and sizes.
[Ord. No. 4, 2-3-2021]
(a)
‘X’ indicates sign type is not allowed.
(b)
Only one multitenant sign or freestanding sign is allowed per lot regardless of frontage.
Sign Type | Area/Height | R1/RM | NMU | UMU | CBD | I1/I2 | LC | |
|---|---|---|---|---|---|---|---|---|
Temporary wall |  | Permitted: See temporary sign section. | ||||||
Area (square feet) | X | 40 | 60 | 90 | X | |||
Height (feet) | X | 15 | 20 | 25 | X | |||
Awning/canopy |  | Area (square feet) | X | 15 | 40 | 80 | X | |
Height (feet) | X | 12 | 12 | 15 | X | |||
Freestanding |  | Area (square feet) | X | 60 | 60 | 60 | 120 | X |
Height (feet) | X | 15 | 25 | 20 | 25 | X | ||
Projecting |  | Area (square feet) | X | 15 | X | |||
Height | X | X | ||||||
Rooftop |  | Area | X | X | X | See below. | X | |
Height | X | X | X | See below. | ||||
Sidewalk |  | Area (square feet) | X | 6 | X | |||
Height (feet) | X | 5 | X | |||||
Multitenant |  | Area (square feet) | X | 80 | 90 | X | ||
Height (feet) | X | 20 | 25 | X | ||||
Window |  | Area | X | 25% of total glass area of the window on which the sign is displayed | X | |||
Height | X | |||||||
Total number of signs per lot frontage | X | 2 | 4 | 6 | X | |||
Sec. 2-29-151 Application for permit.
[Ord. No. 4, 2-3-2021]
Application for a sign permit shall be made in writing on forms provided by the Commissioner of Code Enforcement and shall contain the following information:
(b)
Location of structure or real property upon which the sign is to be attached or erected.
(c)
Drawing (to scale) shall be submitted showing the construction details on lettering, symbols, materials, colors and/or pictorial matter composing the sign.
(d)
The method of illumination, if any, and the position of lighting or other extraneous devices.
(e)
Written consent, or a copy of the contract.
(f)
Notarized written permission from the property owner, if applicant is not the property owner.
(g)
Scaled sketch of all existing signs on the property.
Sec. 2-29-152 Permit.
[Ord. No. 4, 2-3-2021]
(a)
Upon the filing of a completed application for a sign permit and the payment of the required fee, the Commissioner of Code Enforcement will then submit the application to the Commissioner of Urban and Economic Development for review. The Commissioner of Urban and Economic Development shall examine the plans, specifications and other information submitted including the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with all the requirements of local law, the Commissioner of Urban and Economic Development will submit written approval to the Commissioner of Code Enforcement, upon which within 15 days shall issue a permit for the erection of the sign. The issuance of a permit shall not excuse the applicant from conforming to the other laws and ordinances of the municipality.
(b)
If the erection of the sign authorized under any such permit has not commenced within six months from the date of the issuance, the permit shall become null and void, but may be renewed within 30 days prior to the expiration, for good cause shown, for an additional six months, upon payment of 1/2 of the original fee.
Sec. 2-29-153 Removal of signs.
[Ord. No. 4, 2-3-2021]
Any sign, existing on or after the effective date of this chapter, which no longer identifies an existing business conducted or product sold on the premises upon which sign is located, shall be removed.
(a)
If the Commissioner of Code Enforcement shall find that any sign regulated in the chapter is not used, coded in advertising, is abandoned, unsafe or insecure, or is a menace to the public, the inspector shall give written notice to the named owner of the land upon which it is located, who shall remove or repair the sign within 30 days from the date of the notice. If the sign is not removed or repaired within said time period, the Building Inspector shall revoke the permit issued for such sign and may remove or repair the sign and assess the owner for all costs incurred for such service.
(b)
The Commissioner of Code Enforcement may cause any sign which is a source of immediate peril to persons or property to be removed immediately and without notice.
Sec. 2-29-154 Notice.
[Ord. No. 4, 2-3-2021]
Whenever the Commissioner of Code Enforcement determines that there has been a violation of this article, written notice shall be served upon the applicant, sign owner, or property owner by certified mail, return receipt requested, at his or her last known address, such notice specifying the alleged violation, providing a reasonable time within which the violation is to be corrected, stating that legal remedies will be imposed upon failure to correct said violation. Such notice of violation shall automatically become a final order if the violation is not corrected within the time allowed or if an application for appeal in accordance with this chapter, is not submitted to the Commissioner of Code Enforcement within 30 days from receipt of said notice.
Sec. 2-29-155 Removal, storage or sale of signs found to be in violation.
[Ord. No. 4, 2-3-2021]
Upon failure of the applicant, sign owner, or property owner to correct the cited violation within the time allowed by the Commissioner of Code Enforcement or to apply for an appeal as provided by this chapter, the Commissioner of Code Enforcement by written instruction to the Commissioner of Public Works shall direct that the violating sign be removed. Such sign shall be stored for a 30 days’ period during which the sign may be claimed upon proof of ownership thereof and upon payment for the reasonable cost of removal/storage as determined by said Commissioner. If the sign is not timely claimed, said Commissioner is authorized to sell the stored sign at public auction to the highest bidder or to otherwise dispose of said sign at his or her discretion and to thereupon apply the proceeds, if any, to the removal/storage costs.