§213-391. Abandoned signs.



Abandoned signs are prohibited and the permit for any abandoned sign shall be deemed to have expired at the time of abandonment.



§213-392. Portable signs.



Portable signs standing on the ground or attached to vehicles or trailers shall be prohibited. A vehicle or trailer may not be used primarily as a sign or structural support for a sign.



§213-393. Off-premises advertising.



No sign shall advertise, announce, refer to or call attention to any business, commercial product or commercial service not performed on or connected with the property or building on



§213-394. Obscene signs.



A. No sign shall be erected, constructed or maintained which is, in whole or in part, obscene or pornographic in character.



B. If the copy on any sign is changed to copy which would violate Subsection A of this section, the permit for such sign shall be deemed to have expired at the time of such change.



C. Any person who seeks to erect, construct or maintain such a sign may seek review at a public hearing before the Town Board.



§213-395. Prohibited designs.



A. No sign, with the exception of theater marquee signs, shall be designed, constructed or maintained on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times, except for that part of a sign which displays the time and/or temperature exclusively. No sign shall be designed, constructed or maintained which shall use or employ any visual projection. No sign shall be designed, constructed or maintained which contains any illumination other than direct or indirect illumination.



B. No sign shall be designed, constructed or maintained which shall move, oscillate or rotate.



C. No sign shall be designed, constructed or maintained which shall produce any noise, sound, odor, smoke, flame or any other emission.



D. No sign shall be designed, constructed or maintained which shall be suspended by any rope, chain or other devise that will allow the sign to swing or move due to wind action.



E. No sign shall be designed, constructed or maintained which shall employ a mirror or other reflective device.



F. Except as otherwise provided in this article, illumination shall not use more than 40 watts per square foot of sign area being illuminated or as specified in the New York State Energy Conservation Construction Code, whichever is more restrictive. Where illumination is permitted, such illumination may only be operated between the hours of sunset and 10:00 p.m. or close of business.



G. Except as otherwise provided in this article, no sign shall be designed, constructed or maintained which shall use or include any pinwheel, balloon or streamer.



H. No sign shall be designed, constructed or maintained in which illumination or reflective devices outline a building, structure or part thereof



§213-396. Measurement.



A. Excluding structural supports from the ground to the bottom edge of the sign, the area of the sign shall be the area of a rectangle, the sides of which completely enclose the face of the sign. A sign may be double-faced, and only one face shall be included in the area measurement; however, if a sign is thicker than 18 inches, all sides shall be included in the area measurement.



B. Setback measurement is to be measured from the closest point of the sign structure or the sign itself.



C. The height of a ground sign shall be measured vertically from grade to the top of the sign or its structural support, whichever is greater.



D. The width of a building wall shall be the distance between the two perpendicular walls establishing that wall.



§213-397. Signs in residential districts.



No sign shall be erected, placed or maintained in any residential district except:



A. Aviation signs.



B. Not more than one professional nameplate, affixed to a building and indicating the office of a physician, attorney, dentist or other practitioner lawfully using the premises in whole or in part as professional office space; the maximum size of which shall be two square feet. In the alternative, a professional nameplate may be affixed to the ground; in which event, the maximum size thereof shall be one foot by two feet; it shall be erected at a height of not more than four feet from the ground, and it shall be placed at least 10 feet from the nearest property lines. Such sign may be illuminated only by indirect illumination by an electric lamp not exceeding 15 watts of power contained on the sign or sign structure. Any illuminated professional nameplate shall be equipped with shielding devices so that the flow emanating therefrom shall be directed only on and towards such premises.



C. Not more than one sign in connection with the sale, rental, construction or improvement of the land or premises upon which it is located. The maximum dimensions thereof shall be an area of four square feet and five feet in height to the top of the sign structure. Such signs may only be illuminated by indirect illumination not exceeding 40 watts of power. If affixed to the ground, such signs must be placed at least 10 feet from the nearest property line. Any such illuminated sign shall be equipped with shielding devices so that the flow emanating therefrom shall be directed only on and towards such premises.



D. House numbers and nameplates not exceeding two square feet in area for each residential building. No more than two house numbers or nameplates shall be allowed for each residential building. Such house number or nameplate may be illuminated only by indirect illumination not exceeding 15 watts of power. If affixed to the ground, such house numbers or nameplates must be placed at least 10 feet from the nearest property line and may be limited to a maximum size of one foot by two feet and a maximum height of four feet from the ground. Any illuminated house number or nameplate shall be equipped with shielding devices so that the flow emanating therefrom shall be directed only on and towards such premises.



E. A sign containing a cautionary message, such as 'Beware Of Dog,' 'No Trespassing' or 'No Peddlers." Such signs are limited in size to 12 inches in length by 12 inches in width. Such signs may only be attached to a building or fence and may be illuminated only by indirect illumination not exceeding 15 watts of power. No more than four such signs may be erected or maintained on any parcel.



§213-398. Permit required for signs in business and industrial districts ; application ; renewal.



A. Permit required. It shall hereafter be unlawful, except as otherwise provided in this article, for any person to erect, construct, alter, relocate, reconstruct, display, or maintain in any business, manufacturing or industrial district any sign without first having obtained a written permit from a Building Inspector, in compliance with the provisions of this article and the Town Code. All signs shall be subject to the approval of a Building Inspector as to the structural safety thereof in conformity with recognized engineering standards.



B. Application for permit. Any person who wishes to procure a permit as above required shall file with the Building Inspector a written application accompanied by a scale drawing showing the structural members, the lettering, the pictorial matter or other copy located on the sign face, a location plan showing the position of the sign on the building, structure or plot of land, the material comprising the sign and sign structure, the method of attachment and such other information as a Building Inspector may require to show compliance with the provisions of this article and the Town Code. If the sign is an electrical sign, the applicant must also furnish and indicate the specifications of all electrical wiring and components. The applicant shall also present a written statement showing the name of the owner or of the person in control of the building, structure and plot of land where such sign is to be located and the right or authority of the applicant to obtain a permit.



C. Fees. Except as otherwise provided, no sign permit shall be issued until the applicable fee, established by the Town Board from time to time, is paid.



D. Renewal. Every sign permit shall be renewed every two years upon the payment of the renewal fee, and each application for a renewal permit shall be accompanied by a certificate certifying that the sign has been inspected by a Building Inspector and found to be properly hung in a secure and safe position, maintained in good and safe condition, and further certifying that the sign complies with the provisions of this article.



E. An application to erect a sign on any wall shall be classified as either an entrance sign or wall sign.



F. An application to erect a sign designed to display changeable copy must be so designated. The initial copy on any changeable copy sign shall be included on the permit application.



G. An application to erect a theater marquee sign must indicate if the copy is changeable or changeable and moving and must indicate the number of theaters.



H. The application for a permit for erection of a sign in which electrical wiring and connections are to be used, if it shall comply in all other respects, shall be granted, subject to the applicant furnishing the Building Inspector, within 15 days after the completion of the construction and/or the erection of the illuminated sign, a Board of Underwriters' temporary certificate showing that the sign has been properly installed, insofar as it applies to all wiring connections and other electrical requirements. In the event that said Underwriters' certificate is not filed with the Building Inspector within 15 days after the completion and erection of said sign, the permit therefor shall be deemed null and void. The permanent Underwriters' certificate shall be filed within 60 days from the date of permit, and if not so filed in the office of the Building Inspector, the permit shall be deemed null and void.



§213-399. Permit exceptions.



The following operations shall not be considered as creating a sign insofar as requiring the issuance of a sign permit, provided that the sign is in conformance with all other provisions of this article:



A. Changing of the copy alone on an existing approved sign, provided that the copy has not been changed within one year prior thereto; changing of the copy on a changeable copy sign in conformance with the provisions of § 213-407.

B. Painting, repainting, cleaning or other normal maintenance and repair of a sign not involving structural alterations or additions.



§213-400. Restrictions on signs in business and industrial districts.



Signs shall be permitted in business and industrial districts and are subject to the following additional restrictions and specifications:



A. There shall be no more than one wall sign or entrance sign per wall. However, in the case of a of a building which has been divided into separate units, one entrance sign shall be allowed per unit. In addition, there may be erected or maintained a sign containing a cautionary message, such as 'Beware of Dog," "No Trespassing' or 'No Peddlers." Such signs are limited in size to 12 inches in length by 12 inches in width. Such signs may only be attached to a building or fence and may be illuminated only by indirect illumination not exceeding 15 watts of power. No more than four such signs may be erected or maintained on any parcel.



B. No sign shall project more than one foot from the wall or lowest point of contact between the sign structure and the building structure.



C. No wall sign shall be wider than the building or structure to which the sign is affixed or incorporated into.



D. No wall sign shall exceed 50 feet in length or six feet in height.



E. No sign shall be painted, colored, etched or carved directly upon any wall without Planning Board approval.



F. A wall or entrance sign may be erected upon a permanent structural canopy or mansard roof, but may not extend above the standing parapet or roofline.



G. If a sign is immediately adjacent to a roadway, sidewalk, driveway or right-of-way on the subject parcel's parking area, it shall be not less than eight feet from grade.



H. If a number designating the address of the property is not included on any sign located at the property, a number designating the address of the property may be included as a separate wall, entrance or window sign. Such a sign shall be limited to four square feet in area. One such sign is permitted for each actual address.



I. No entrance sign shall exceed 80% of the width of the wall to which the sign is affixed, attached or incorporated into. No wall or window sign shall exceed 50% of the width on the wall to which the sign is affixed, attached or incorporated into.



J. No entrance sign shall exceed in area two square feet per each horizontal foot of the wall to which the sign is affixed, attached or incorporated into. No wall or window sign shall exceed in area one square foot per each horizontal foot of the wall to which the sign is affixed, attached or incorporated into.



K. Illuminated signs, directly or indirectly illuminated, shall be illuminated from sunrise to 10:00 p.m., except those signs which identify establishments operating before sunrise and/or after 10:00 p.m. In those exceptions the sign may be illuminated during the hours of operation of the business. At no time may an illuminated sign illuminate a residentially zoned or used parcel.