Walton Village City Zoning Code
ARTICLE VII
Signs
§ 260-20 General provisions.
Permit required; application and approval; expiration.
A sign permit is required for every external permanent sign or other advertising structure erected, constructed, posted, altered or relocated after the adoption of this chapter so as to allow the Code Enforcement Official the ability to ensure that every external permanent sign or other advertising structure erected, constructed, posted, altered or relocated is in accordance with this chapter.
The Code Enforcement Official shall have five business days, upon receipt of a permit application, to determine whether a filed sign permit is approvable. If the proposed external permanent sign or other advertising structure is in compliance with all such requirements of this chapter, the Code Enforcement Official shall approve the sign permit. If within five business days no determination has been made, the permit application will be deemed approved also. If the proposed external permanent sign or other advertising structure is not in compliance with all such requirements of this chapter, the Code Enforcement Official shall deny the sign permit and provide the reason(s) for denial. Upon meeting the reasons for permit denial, sign permit approval will be granted.
Should the approved external permanent sign or other advertising structure not be erected, constructed, posted, altered or relocated within one year after the date of approval, the approval shall become null and void.
All external permanent signs or other advertising structures shall be erected and constructed in a fashion so as not to jeopardize the safety of the community or obstruct traffic. Structural, safety, and electrical systems and features of all external permanent signs or other advertising structures shall be in accordance with the requirements of any and all applicable federal, state and local building codes and laws (i.e., New York State Building Code).
Unsafe and unlawful signs are any signs that pose a threat to the safety of the public or obstruct traffic.
If the Code Enforcement Official shall find that any external permanent sign or other advertising structure regulated herein is unsafe or a menace to the public, has been constructed or erected improperly, or is being maintained in violation of the provisions established in this chapter, the Code Enforcement Official shall give written notice to the owner of or the responsible party for the external permanent sign or other advertising structure to remedy the situation.
If the owner of or the responsible party for the external permanent sign or other advertising structure fails to remedy the situation within 30 days after such notice, the external permanent sign or other advertising structure shall be removed or altered to comply with the provisions of this chapter at the expense of the owner of or the responsible party for the external permanent sign or other advertising structure.
The Code Enforcement Official, in addition to exercising any and all other remedies provided for in this chapter for a violation hereof, may have any external permanent sign or other advertising structure removed immediately and without notice if it poses an immediate threat to the public's safety or obstructs traffic. The owner of or the responsible party for the external permanent sign or other advertising structure shall pay any expenses incurred.
Any external permanent sign or other advertising structure that no longer advertises a bona fide business conducted or product sold shall be removed by the owner of or the responsible party for the sign or other advertising structure within 90 days after written notification from the Code Enforcement Official. The Code Enforcement Official has the authority to have the external permanent sign or other advertising structure removed at the expense of the owner of or the responsible party for the external permanent sign or other advertising structure upon failure to comply with the written notice. Businesses being actively sold shall be exempt from the above provision.
Any external permanent sign or advertising structure lawfully erected prior to the adoption of this chapter that does not conform to the provisions and standards of this article shall be allowed to remain in existence until such time as the external permanent sign or other advertising structure is altered in any way or the business is discontinued or sold.
§ 260-21 Permitted signs for specific districts.
The following permitted external permanent signs are allowed as specified for each zoning district within the Village. If a specific external permanent sign is not listed within a district, it is not permitted. Permitted signs for each district are as follows:
Residential Recreational District (R-R). Subject to the general sign provisions above and consisting of accessory nonilluminated or indirectly illuminated signs, the following signs are allowed within this district and may be erected or constructed in accordance with the structural and safety requirements of the New York State Building Code:
A nameplate or directional sign, limited in area to two square feet, to identify the owner or occupant, business and address of a building being used for a permitted home occupation, or one directional sign, limited in area to two square feet, indicating off-street parking areas directly related to allowed nonresidential uses.
One sign advertising a roadside stand selling agricultural produce, flowers, maple products or other items grown on the premises, providing that such sign does not exceed 20 square feet and is seasonal, to be removed once sale items are sold.
A sign, limited in area to 20 square feet, for a church bulletin board or identification of permitted public or semipublic uses.
A temporary, nonilluminated sign, limited in area to 20 square feet, advertising real estate for sale or lease or announcing contemplated improvements of real estate on which it is placed.
A sign, limited in area to 20 square feet, for identification of a farm or estate or a subdivision or its occupants.
One sign for identification purposes not larger than 20 square feet to identify recreational areas, wildlife preserves, golf clubs, game courts, swimming pools, tennis clubs, archery ranges, fishing and boating lakes, camping areas, picnic grounds, dude ranches, and other similar facilities allowed in the R-R District.
One sign for identification of nonresidential uses such as animal clinics, kennels, stables and other nonresidential uses allowed as principal uses in the R-R District, not to exceed 20 square feet.
A freestanding sign necessary for the identification, operation or production of a public utility may be erected on the premises of such public utility, provided that the sign be limited to 20 square feet.
Single-Family Residential District (R-S). Subject to the general sign regulations above, and consisting of accessory nonilluminated or indirectly illuminated signs, the following external permanent signs are allowed within this district and may be erected or constructed in accordance with the structural and safety requirements of the New York State Building Code:
One sign, limited in area to 20 square feet, for a church bulletin board or identification of permitted public or semipublic uses.
One sign, limited to 20 square feet, identifying public parks, recreation areas and similar conservation projects.
One sign, limited to 20 square feet, identifying institutions, educational or philanthropic entities, museums, art galleries and libraries.
One sign, limited to 20 square feet, identifying hospitals or health clinics.
One sign, limited to 10 square feet, identifying day nurseries, child-care centers, nursing homes, convalescent homes or other similar uses in the home.
Multiple-Family Residential District (R-M). Subject to the general sign regulations above, and consisting of accessory nonilluminated or indirectly illuminated signs, the following external permanent signs are allowed within this district and may be erected or constructed in accordance with the structural and safety requirements of the New York State Building Code:
One sign, limited in area to 20 square feet, for a church bulletin board or identification of permitted public or semipublic uses.
One sign, limited to 20 square feet, identifying public parks, recreation areas and similar conservation projects.
One sign, limited to 20 square feet, identifying institutions, educational or philanthropic entities, museums, art galleries and libraries.
One sign, limited to 20 square feet, identifying hospitals or health clinics.
One sign, limited to 10 square feet, identifying day nurseries, child-care centers, nursing homes, convalescent homes or other similar uses in the home.
A sign, limited in area to 10 square feet, giving the name and/or address or management of a multiple-family dwelling or group of multiple-family dwellings. If such sign is placed on a marquee, awning or canopy, the height of letters shall not exceed one foot.
For multiple residences or apartment developments, one sign advertising the availability of residential units for rent, not exceeding four square feet.
General Business District (B-G). Subject to the general sign regulations above, any external permanent sign or other advertising structure is permitted within this district and may be erected or constructed in accordance with the structural and safety requirements of the New York State Building Code so as not to jeopardize the safety of the community or obstruct traffic.
General Industry District (I-G). Subject to the general sign regulations above, any sign or other advertising structure is permitted within this district and may be erected or constructed in accordance with the structural and safety requirements of the New York State Building Code so as not to jeopardize the safety of the community or obstruct traffic.
Mixed Use District (M-U). Subject to the general sign provisions above and consisting of accessory non-illuminated or indirectly illuminated signs not exceeding 20 square feet for any permitted of approved conditional use.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 260-22 Construction standards.
General provisions.
All external permanent signs or other advertising structures shall comply with any and all applicable regulations of the New York State Building Code and the National Electric Code.
All external permanent freestanding signs or other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 20 pounds per square foot or surface area, and all signs, including wall-mounted signs, shall be securely anchored. All external permanent signs or other advertising structures, supports and electric work shall be kept clean and free from all hazards, such as, but not limited to, faulty wiring, and loose supports, braces, guys and anchors.
Specific external permanent sign type regulations for R-R, R-S, and R-M Districts.
Wall signs.
Wall signs shall not extend beyond the ends or over the top of the walls to which attached.
Wall signs, except for certain electric signs, shall not extend more than six inches from the face of the buildings to which attached. Electric signs may extend a distance of up to 14 inches to accommodate a sign and a code-required transformer box, but in no case shall this box extend more than eight inches from the face of the building to which it is attached. Whenever possible, the transformer box shall be concealed inside the building.
Freestanding signs.
No freestanding sign shall be located less than 50 feet from any other freestanding sign.
No freestanding sign shall be more than 40 square feet per side for a double-faced sign.
No freestanding sign shall be more than 20 feet in height above finished grade. Such height shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including supporting structures.
No freestanding sign shall extend over or into the public right-of-way, nor shall it overhang the property lines.
Freestanding signs under which a pedestrian walkway or driveway passes must have a vertical clearance of 10 feet.
Roof signs. A roof sign must be installed in a plane parallel to the wall of the facade of the building that the roof covers. In no case shall a roof sign extend above the peak of the roof or above the parapet wall of the building facade. The bottom portion of the roof sign, except for certain electric signs, shall not extend a distance of more than 14 inches to accommodate a sign and a code-required transformer box, but in no case shall the bottom of this box extend more than eight inches from the roof surface to which it is attached. Whenever possible, the transformer box shall be enclosed inside the building. All bracing for a roof sign shall be enclosed in a structure.
Backlit signs. All backlit signs shall have a dark background. Only the letters and/or message area of the sign shall be illuminated. Whenever possible, they shall be constructed flush with the building facade.
§ 260-23 Enforcement; penalties for offenses.
Violations.
Any of the following shall be a violation of this article and shall be subject to enforcement and penalties provided by this article and by applicable state regulations:
To install, create, erect or maintain any external permanent sign or other advertising structure in a way that is inconsistent with any permit governing such sign or the zoning district in which the sign is located.
Failure to remove any external permanent sign or other advertising structure that is installed, created, erected or maintained in violation of this article.
Continuance of a violation. Each day a violation is continued shall be considered a separate violation when applying the penalty portions of this article.
Each external permanent sign or other advertising structure installed, created, erected or maintained in violation of this article shall be considered a separate violation when applying the penalty portions of this article.
Any violation or attempted violation of this article or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this chapter shall be considered a violation of the Zoning Law of the Village of Walton. The remedies of the Village shall include the following:
Issuing a stop-work order for all work on any external permanent signs or other advertising structures.
Seeking an injunction or other order of restraint or abatement that requires the correction of the non conformance or the removal of the external permanent sign or other advertising structure.
Imposing any penalties that can be imposed directly by the Village under this Zoning chapter.
In the case of an external permanent sign or other advertising structure that poses an immediate danger to the safety of the community or obstructs traffic, measures can be taken that are available to the Village under the applicable provisions of the Zoning Law and New York State Building Code for such circumstances.
The Village shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Law. This includes the imposition of a fine to the violator not to exceed $250 for each violation sited by the Code Enforcement Official. The Village of Walton Justice may impose fines as they pertain to this chapter.
(Reserved)
All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
§ 260-24 Appeals.
Any person aggrieved by a decision of the Code Enforcement Official relative to the provisions of this article may appeal such decision in writing to the Zoning Board of Appeals (ZBA) as provided in the Zoning chapter.
The ZBA, within 15 days of receiving the written grievance, will hold a meeting to review the denial. The ZBA will then make a determination on whether the denial will stand or not.