HomeMy WebLinkAboutLL 08 of 1996 Sign LawTOWN OF ITHACA SICN T.AW
T.oral T,aw No. ^ of the Year 1996
A LOCAL LAW ENACTED OCTOBER J_, 1996, REGULATING SIGNS
IN THE TOWN OF ITHACA, NEW YORK AND AMENDING, RESTATING,
AND RE-ENACTING TOWN OF ITHACA LOCAL LAW NO. 6 - 1980.
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1. SCOPE
1.01 Tifle
1.02 Purpose
1.03 Interpretation
1.04 Validity
1.05 Effective Date 2
2. PROfflBITED SIGNS 2
2.01 AH Districts 2
2.02 Residential and/or Agricultural Districts .... 2
3. EXEMPT SIGNS 3
3.01 All Districts 3
3.02 Residential and/or Agricultural Districts .... 4
3.03 Business and Industrial Districts 4
4. REGULATED SIGNS 5
4.01 Residential and/or Agricultural Districts .... 5
4.02 Business and Industrial Districts 5
5. business and INDUSTRIAL DISTRICT SIGNS 6
i 5.01 Wall Signs 6
5.02 Projecting Signs ^
5.03 Freestanding Signs 6
5.04 Marquee, Canopy and Awning Signs 7
5.05 Window Signs 7
6. SIGN ILLUMINATION 7
6.01 Prohibited Sources 7
6.02 Permitted Sources ^
6.03 Intensity ^
6.04 Color 8
7. SIGN CONSTRUCrnON 8
7.01 Fabrication and Attachment ^
7.02 Electrical ^
7.03 Maintenance ^
8. SIGN REMOVALS AND NON-CONFORMENG SIGNS 9
8.01 Amortization of Off-Premises Signs ... 9
8.02 Disused Signs ^
^ 8.03 Unsafe Signs ^
^ 8.04 Surface Restoration ^
8.05 Non-conforming Signs
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9. DESIGN REVIEW 10
9.01 Purpose 10
9.02 Design Review Board 10
9.03 Jurisdiction 10
9.04 Procedure H
9.05 Guidelines H
10. ADMINISTRATION H
10.01 Enforcement Official H
10.02 Sign Permit H
10.03 Appeals 1^
10.04 Violations and Penalties 13
11. GLOSSARY 1^
11.01 Terminology 1^
11.02 Definitions 1^
12. RESTATEMENT AND REENACTMENT . . . 18
12.01 Amendment and Readoption 18
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1. SCOPE
1.01 Title
1.01-1 This law shall be known and cited as the TOWN OF ITHACA SIGN LAW
1.02 Purpose
1.02-1 This law is enacted to guide and regulate signs and street graphics to promote the public
welfare and safety as follows:
a. Encourage appropriate and compatible signs and graphics.
b. Lessen objectionable competition in sign size and placement
c. Reduce the hazards of sign obstruction and distractions.
d. Create a more attractive business climate.
e. Conserve the value of buildings and properties.
f. Protect and enhance Town appearance.
1.03 Interpretation
1.03-1 The provisions of this law shall be held to be the minimum requirements for the
promotion of public welfare and safety.
1.03-2 When this law imposes a greater restriction on the design, construction, placement and
maintenance of signs, or makes any other restriction than is required by any other
ordinance, regulation, rule, covenant or agreement, the provisions of the law shall
govern, except that in a case of conflict between this law and the Town of Ithaca Zoning
Ordinance, as amended, the provisions of the latter shall apply.
1.03-3 The adoption of this law shall not affect any pending or prevent any future prosecution
of action to abate any existing violation of the Zoning Ordinance, as amended, if the use
so in violation is in violation of the provisions of this law.
1.03-4 When any provisions of this law impose a greater restriction than another, the more
stringent shall govern.
1.03-5 In view of the fact that the adoption of Town of Ithaca Local Law No. 1-1972 (Sign
Law) and its subsequent repeal and adoption of Local Law No. 6 of the Town of Ithaca
Laws of 1980 has given owners of off-premises signs eight years to amortize signs, it
is the intent of this law to bring about a reasonable time limitation for the removal of
such signs.
1.04 Validitv
1.04-1 If any section, subsection, or phrase of this law is declared to be invalid, such invalidity
' shall not affect any other portion of this law.
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1.05 HfFective Date
1.05-1 This law shall become effective immediately upon adoption by the Town Board.
2. PROHTBITED SIGNS
2.01 All Districts
2.01-1 No signs shall be permitted in the Town of Ithaca unless the same are in Gonformity
with this Sign Law or are valid non-conforming signs permitted by the provisions of this
Sign Law.
2.01-2 No off-premise signs shall be allowed.
2.01-3 No signs or graphics shall physically or visually impair vehicular or pedestrian traffic,
by design, color, Ughting, or placement
2.01-4 No sign visible from a public roadway shall contain or be an imitation of an official
traffic sign or signal, or use such words as stop, caution, or warning, except when
necessary to control traffic on private roads.
2.01-5 No sign shall be placed, wholly or in part on, over, or above any roof, building,
marquee, wall, or other structure unless specifically permitted by this Sign Law.
2.01-6 No sign shall be placed on any utility pole or tree, except "Posted" or "No Trespassing"
signs not to exceed 4 square feet in area.
2.01-7 No exterior sign, display, or advertising device, or any part thereof, shall be mechanical
ly or electrically operated to produce motion or the appearance of motion.
2.01-8 Except as otherwise provided herein, no banners, pennants, ribbons, streamers, spimers,
or similar moving, fluttering, or revolving devices shall be part of an exterior or window
sign, or used for advertising or attracting attention when not part of a sign.
2.01-9 Phosphorescent, fluorescent, or similar reflective paint or material shall not be used on
exterior signs, except those listed in Section 3.01-l(a), (b), and (c).
2.01-10 Prohibited sign illumination sources shall be as listed in Section 6.01.
2.02 Residential and/or Agricultural Districts
2.02-1 The following signs are prohibited in Residential Districts and/or Agricultural Districts.
' a. Signs as listed in Section 2.01.
' ' b. Projecting signs, except as allowed in Section 3.02-l(b).
c. Window signs, except temporary signs such as pick-up and delivery notices.
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political posters, or similar signs,
d. Signs on awnings or canopies.
3. EXEMPT SIGNS
3.01 All Districts
3.01-1 The following permanent signs, not self-iUuminated except as otherwise provided herein,
may be placed in any district without a permit:
a. Street identification, traffic and other governmental signs and control devices re
quired by law, ordinance, or regulation.
b. Official public information signs.
c. Entrance-exit and directional signs.
d. House and building numbers.
e. Memorial signs, building names, erection dates, or similar information cut into
masonry or other permanent surface, or constructed of bronze or other incombusti
ble material, not to exceed 36 square feet in size.
f. Signs and markers in cemeteries designating graves and memorials.
g. "Posted" or "No Trespassing" signs not to exceed 4 square feet in size.
h. Historical markers not to exceed 6 square feet in size.
I Hospital identification signs, which may be self-illuminated, not to exceed 24
square feet in size.
j. Governmental agency and public building identification.
k. Signs or notices erected by a public utility necessary for the direction, information,
or safety of the public.
3.01-2 The following temporary signs, not illuminated unless otherwise specified, may be
placed in any district without a permit:
a. Emergency or safety signs, illuminated as required.
b. Directional signs for meetings, conventions, and other assemblies, not to exceed 6
square feet in size and to be removed within 15 days after the event
c. One sign, not to exceed 6 square feet advertising the sale or rental of the land or
building on which it is located, to be removed within 15 days after sale or rental
and no more than one such sign for each lot or building being sold. In business
and industrial districts, such signs may be up to 24 square feet in size.
d. One sign, not to exceed 6 square feet listing the architect engineer, contractor
and/or owner, on premises where constraction, renovation, or repair is in progress.
e. Political posters, not-for-profit promotional, private sales, or similar signs not
exceeding 6 square feet in size. In business and industrial zones, such signs may
be up to 24 square feet in size.
f. Holiday decorations, including lighting.
g. No more than two banners aggregating not in excess of 15 square feet containing
graphics that are purely decorative and that do not identify, advertise or convey
information.
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3.01-3 Flags, emblems, or insignia of a nation, government, or school, may be displayed in any
district without a permit
3.02 Residential and/or Agricultural Districts
3.02-1 The following signs, on premises, not self-illuminated, may be placed in Residential
Districts and/or Agricultural Districts without a permit:
a. Signs listed as exempt in Section 3.01.
b. One wall, projecting or freestanding sign on each building frontage identifying the
name and/or address of the occupants of a residence not to exceed 6 square feet in
size. Signs as needed to identify the building or activities of colleges and
universities, not to exceed 24 square feet
c. One wall sign as needed to identify the buildings or activities of houses of worship,
libraries, museums, nursing homes, or similar institutions; and one freestanding sign
neither of which is to exceed 24 square feet in size, and combined shall not exceed
24 square feet in size. The height of any free standing sign shall not exceed 6 feet
d. Neighborhood identification signs, not to exceeding 6 square feet in size.
e. In agricultural districts, signs for the sale of farm and garden produced products,
total area of signs not to exceed 6 square feet and total number of signs not to
exceed two.
f. In agricultural districts, breed identification signs, not to exceed 6 square feet in
^ size.
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3.02-2 Freestanding signs in Residential Districts and/or Agricultural Districts shall be located
as specified in Section 4.01-2.
3.03 Business and Industrial Districts
3.03-1 The following signs may be placed in Business and Industrial Districts without a permit
a. Signs listed as exempt in Sections 3.01 and 3.02.
b. At each entrance to an office, public, or institutional building, a sign denoting only
the name and/or business or profession of the occupants, not to exceed 6 square feet
in size.
c. Window graphics, signs and displays as specified in Section 5.05.
d. Temporary window signs announcing the opening or closing of a business, sales,
and price listings, not to exceed 50% of the total display window area.
e. At gasoline stations integral graphics or attached price signs on gasoline pumps.
3.03-2 Any signs erected pursuant to Section 3.03-1 shaU. be counted in determining the
maximum number of signs permitted pursuant to Section 4.02.
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4. ttFGTJLATED SIGNS
4.01 Residential and/or Agricultural Districts
4.01-1 The following waU or freestanding signs, on premises, not self-illuminated, may be
placed in Residential Districts and/or Agricultural Districts on issuance of a permit
a. One wall or freestanding sign, not exceeding 4 square feet in area, identifying a
principal permitted enterprise or use other than residential
b. One wall or freestanding sign, not exceeding 24 square feet in area, identifying a
multiple residence.
4.01-2 Freestanding signs in Residential Districts and/or Agricultural Districts shall in no case
be located between the sidewalk and the street, nor closer than 2 feet from the sidewalk,
nor closer than 3 feet from a building or structure, nor closer than 15 feet from a side
lot line; the maximum height of sign and support shall be 6 feet
4.02 Business and Industrial Districts
4.02-1 Business and Industrial Districts regulated signs shall meet the requirements of Section
5.
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' 4.02-2 The following signs may be placed in Business and Industrial Distncts on issuance of
I a permit
a. Regulated signs as listed in Section 4.01.
b. The following signs may be placed at each on-premise enterprise in Business and
Industrial Districts:
1. One wall sign or one projecting sign on each building or store frontage, and
one freestanding sign. If a business has entrances for vehicular traffic on
more than one street, two freestanding signs are permitted.
2. In the case of multi-use facilities, one freestanding sign shall be allowed for
the development as a whole, regardless of the number of separate enterpris
es. If such multi-use facility has entrances for vehicular traffic on more
than one street, two freestanding signs are permitted.
3. In lieu of any one or more of the signs permitted above, one or more
marquee, awning or canopy signs may be substituted instead provided that
(a). such marquee, awning or canopy sign is located no further than 6
feet from the facade of the building to which it relates, and
(b). such sign(s) complies with the provisions relating to marquee,
awning or canopy signs set forth below; and
^ (c). the total number of signs does not exceed the number permitted
[ pursuant to subdivisions 1. and 2. above.
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5. BTTSTNESS AND INDUSTRIAL DISTRICTS SIGNS
5.01 Wall Signs
5.01-1 The maximum area of wall sign graphics shall be: for each lineal foot of building
frontage occupied by the enterprise on which the sign is placed: 1 square foot.
5.01-2 Wall signs shall not extend beyond the ends or over the top of the wall to which
attached.
5.01-3 Wall signs shall not extend more than 9 inches from the face of the building to which
attached.
5.01-4 Any part of a sign extending over pedestrian traffic areas shall have a minimum
clearance of 7 feet 6 inches.
5.02 Proiecting Signs
5.02-1 Projecting sign panels or sign symbols shall have not more than 2 faces, and the
maximum area of the panel or symbol shall be 15 square feet
5.02-2 A projecting sign panel or sign symbol may extend 3 feet maximum from the building
face, or one-third the width of the sidewalk, whichever is less.
5.02-3 No part of a projecting sign shall extend into vehicular traffic areas, and any part over
pedestrian traffic areas shall have a minimum clearance of 7 feet 6 inches.
5.02-4 Projecting signs shall not extend above the level of the floor of the second story of the
building to which attached, nor in any case be higher than 12 feet from the ground.
5.02-5 Projecting signs shall not be copy-change type except as specified in Section 5.04-3.
5.03 Freestanding Signs
5.03-1 Freestanding sign panels or sign symbols shall have not more than two faces and the
maximum area of the panel or symbol shall be 50 square feet
5.03-2 The maximum height of a freestanding sign and support shall be 20 feet
5 03-3 No part of a freestanding sign shall extend into vehicular traffic areas, and any part
extending over pedestrian traffic areas shall have a minimum clearance of 7 feet 6
inches.
5.03-4 Freestanding signs shall be placed in front yards only, shall be located no closer tlm
6 feet from a building, 15 feet from the edge of the pavement and 15 feet from a side
lot line, and no part shall extend over a public street or sidewalk.
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5.04 Marquee. Canonv and Awning Signs
5.04-1 No sign shall project or be suspended from a marquee, canopy or awning.
5.04-2 Marquee, canopy and awning signs shall be completely within the outer edges of such
marquee, canopy or awning.
5.04-3 Copy-change marquee signs shall be permitted on theaters only.
5.04-4 For each lineal foot of marquee perimeter the maximum area of graphics shall be one
square foot
5.04-5 Canopy or awning graphics may be painted or affixed flat to the surface of the front or
sides, and shall indicate only the name and/or address of the enterprise or premise.
5.04-6 Canopy or awning graphics shall be a single line of lettering 6 inches maximum height
5.05 Window Signs
5.05-1 Window signs are prohibited above the first floor, except for lettering of 5 inches
maximum height per line with a maximum of two lines, identifying professional or
business offices.
5.05-2 There shall be no more than one permanent window sign per window and a maximum
of two per enterprise.
5.05-3 The area of permanent window signs shall not exceed 25 percent of the area of the
window or windows through which they are visible, nor in any case exceed 4 square
feet
5.05-4 Copy-change window signs shall not exceed 4 square feet in area.
5.05-5 Exposed luminous tubing or similar window signs shall consist of no more than two
rows, the lettering shall not to exceed 6 inches in height per row, and the entire sign
shall not exceed three-quarters of the window width or 6 square feet whichever is less.
6. STGN ILLUMINATION
6.01 Prohibited Sources
6.01-1 No illumination which will cause glare reflection constituting a nuisance or a ^fic
hazard shall be directed upon a sidewalk, street or public place, or upon adjacent
^ premises.
f 5 01-2 No sign, display or advertising device shall be illuminated by or contain flashing,
intermittent rotating, or moving lights.
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6.01-3 Exposed luminous tubing or similar signs shall be prohibited, except in windows as
specified in Section 5.05-5.
6.01-4 Strings of Ughts not part of a sign shall not be used for advertising, outlining buildings
or features of buildings, or otherwise attracting attention, except as specified in Section
3.01-2(f).
6.01-5 Gas or other fiame iHumination is prohibited.
6.02 Permitted Sources
6.02-1 Direct illumination shall be permitted in all districts as follows:
a. Visible lamps, not exceeding 25 watts per lamp.
b. Shielded linear light sources and gooseneck reflectors.
c. Floodlights.
6.02-2 Indirect illumination, including backlighted letters, is permitted in all districts.
6.02-3 Self-illuminated copy-change theater signs are permitted m Business Districts.
6.02-4 Self-illummated signs and letters are permitted in Business and Industrial Districts.
6.03 Intensity
6.03-1 No sign shall produce illumination in excess of 10 foot-candles above ambient light
level at a distance of 4 fe^t on a level with the sign.
6.04 Color
6.04-1 In Residential Districts and/or Agricultural Districts illumination shall be white or amber.
7. SIGN CONSTRUCTION
7.01 Fabrication and Attachment
7.01-1 All sign fabrication, erection, and attachment shall conform to the requirements of the
latest edition of the New York State Building Construction Code and other applicable
codes and regulations.
7.02 Electrical
7.02-1 Lighting fixtures and wiring shall conform to the requirements of the latest edition of
the National Electrical Code and other applicable codes and regulations, and shall have
New York Board of Fire Underwriters' approval.
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7.02-2 Transformers, wires, and similar items shall be concealed.
7.02-3 All wiring to freestanding signs shall be underground.
7.03 Maintenance
7.03-1 All signs, sign finishes, supports, and electrical work shall be kept in good repair and
safe condition.
8. STGN REMOVALS AND NON-CONFORMING SIGNS
8.01 Amortization of Off-Premises Signs
8.01-1 All off-premises signs not permitted by the terms of this Sign Law, whether valid non-
conforming signs or otherwise, and existing at the time of the adoption of this law shall
be removed within a period of 4 years from the date of the adoption of this law. Off-
premises signs which are not valid non-conforming signs and are not permitted signs
under this Sign Law shall be removed immediately.
8.02 Disused Signs
8.02-1 A sign, and any supports and electrical work, identifying or advertising a business no
longer conducted or a product no longer sold on the premises shall be removed by the
owner of the premises within 6 months from the date of disuse, unless the Enforcement
Official shall determine that such sign or portions thereof may be utilized by a
subsequent enterprise.
8.03 Unsafe Signs
8.03-1 Unsafe or insecure signs shall be repaired or removed by the owner of the premises.
8.03-2 If the Enforcement Official determines an unsafe sign to be an actual danger to persons
or property, such sign must be removed within 3 days of receipt of written notice.
8.03-3 If the owner fails to comply within 3 days after notificadon, the Town shall remove the
sign at cost to the owner of the premises.
8.03-4 If it is determined by the Enforcement Official that any sign is a source of immediate
peril to any person or property, such sign may be removed summarily and without notice
by the Enforcement Official at cost to the owner of the premises.
8.04 Surface Restoration
8.04-1 Upon removal of any wall sign, including signs painted on walls, the surface area of Ae
wall shall be restored to an appearance substantially equivalent to the remaining portion
of the facade.
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8.05 Non-conforming Signs
8.05-1 Existing non-structural signs, such as portable signs, banners, pennants, or similar signs
which are non-conforming with the provisions of this law shall be brought into
conformance or removed within 90 days of the date of the adoption of this law.
8.05-2 Except as otherwise provided in this law, the lawful use of any sign existing at the date
of the adoption of this law may be continued even though such sign does not conform
to the provisions herein.
8.05-3 A non-conformmg sign may not be changed or enlarged unless a variance is granted by
the Zoning Board of Appeals. When a non-conforming sign is in need of alteration,
replacement, or substantial repair as shall be detennined by the Enforcement Official,
the sign shall be made to come into compliance with the requirements of this law or be
removed unless a variance is granted by the Zoning Board of Appeals.
8.05-4 Abandonment or discontinuance of the use for which any non-conforming sign has been
maintained for a period of more than 6 months, as shall be determined by the
Enforcement Official, shall terminate the use of such sign. No non-conforming sign
shall be reinstated except by variance granted by the Zoning Board of Appeals.
8.05-5 Temporary removal of a non-conforming sign for painting or other normal maintenance
shall be limited to a period of 30 days.
9.0 DESIGN REVIEW
9.01 Purpose
9.01-1 To encourage the appropriate and compatible design and placement of signs and street
graphics.
9.02 Sign Review Board
9.02-1 The planning Board shall be designated as the Sign Review Board.
9.03 Jurisdiction
9.03-1 All regulated signs may be subject to Design Review.
9.03-2 The Sign Review Board shall have the discretionary power to vary any maximum
numerical limitation in this law by 25 per cent, providing such variation does not detract,
from the purposes of this law. Such variation shall require the vote of a majority plus
one.
9.03-3 The Sign Review Board may review any sign application to insure conformity with
Section 1.02-1, and may require changes in the content of the sign.
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9.04 Procedure
9.04-1 Recommendations and/or decisions shall be based on the guidelines listed in Section
9.05
9.04-2 All decisions shall be transmitted in writing, and copies sent to the j^plicant and the
Enforcement Official
9.05 Guidelines
9.05-1 The following guidelines may be considered by the Sign Review Board in determining
the acceptability of proposed signs as to design, materials, colors, illumination,
placement and size.
9.05-2 In general, signs should be:
a. Compatible with surroundings and appropriate to the architectural character of the
buildings on which they are placed.
b. Appropriate to the type of activity to which they pertain.
c. Legible in the circumstances under which they are seen.
d. Expressive of the identity of individual enterprises but not out of the character with
^ the community.
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10. ADMTNTSTRATION
10.01 Enforcement Official
10.01-1 The provisions of this law shall be administered and enforced by the Enforcement
Official who shall have the power to make necessary inspections.
10.01-2 No Sign Permit shall be ^proved by the Enforcement Official except in compliance
with the provisions of this law, or as directed by the Sign Review Board or the Zoning
Board of Appeals.
10.01-3 The Enforcement Official shall refer to the Sign Review Board any sign application
which he deems not to be in conformance with the purpose of this law as set forth in
Section 1.02-1.
10.02 Sign Permit
10.02-1 Except as otherwise provided herein, after the effective date of this law, no sign shall
be erected, moved, or altered, except as required by Section 8., unless and until a Sign
Permit for such work has been obtained.
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10.02-2 No permit is required for the following:
^ a. Exempt signs.
b. A permitted sign to be repainted or repaired m exact duplication of the original.
10.02-3 Application for Sign Permit, on forms provided by the Town Clerk, shall be submitted
in duplicate to the Enforcement Official
10.02-4 Applications shall have attached thereto the following information and material:
a. Application fee as specified in any ^plicable Town of Ithaca ordinance, local law,
rule or resolution.
b. Information as listed on the application form.
c. Drawings at an appropriate scale, as necessary to show the design, dimensions, and
colors of the graphics and sign structure, details of any illumination sources, and
placement of the sign relative to the building or stracture on which it is located
and/or in relation to nearby buildings, structures, street lines and property lines.
10.02-5 If the proposed sign is in conformance with all requirements, the Enforcement Official
shall issue a permit within 7 days or refer the application to the Sign Review Board.
10.02-6 If a sign authorized by a permit is not completed and in place within 6 months, said
permit shall become null and void.
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10.02-7 Design, construction, and placement of a sign shall not deviate from the plans approved
for issuance of permit.
10.02-8 Upon completion of sign, applicant shall submit a photograph of sign in place which the
Enforcement Official shall file with the original sign application.
10.03 Appeals
10.03-1 The Sign Review Board shall hear and decide on the following matters:
a. Questions of alleged error in any order or determination of the Enforcement Official
involving the interpretation of the provisions of this law.
b. Requests for variation from the provisions of this law pursuant to Section 9.
10.03-2 Decisions of either the Sign Review Board or the Enforcement Official may be appealed
to the Zoning Boards of Appeals.
10.03-3 Upon an appeal, the Zoning Board of Appeals may grant a variance from the tenns of
this Law. No Zoning Board of Appeals decision shall be made on a variance until an
advisory opinion is received from the Sign Review Board. Failure of said Sign Review
Board to report an opinion prior to the hearing on the appeal shall be construed as
' ^ approval of the variance.
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10.03-4 Any person aggrieved by a decision of the Zoning Board of Appeals may have the
decision reviewed by the Supreme Court of the Stale of New York in the manner
provided by law.
10.04 Violations and Penalties
10.04-1 In the event of a breach of any of the provisions of this law, the Enforcement Official
shall notify the owner of the premises, in writing, to remove, repair, or bring the sign
into conformance, within 30 days of the date of such notice.
10.04-2 Any person, firm, or corporation, whether as owner, lessee, agent, or employee, who
violates any of the provisions of this law, or who fails to comply with any order or
regulation made thereunder, or who erects, moves, or alters any sign in violation of any
detailed statement or plans submitted by him and approved under the provisions of this
law, shall be guilty of a violation as the same is defined in the Penal Law and shall be
fined not more than $100.00 for each violation.
10.04-3 Each day that such violation is permitted to exist shall constitute a separate violation.
10.04-4 If any sign is erected, altered, or moved in violation of the provisions of this law, proper
officials may, in addition to other remedies, institute an appropriate action to prevent
such unlawful operation.
10.04-5 Upon failure to comply with any notice within the prescribed time, the Enforcement
Official shall remove or cause removal, repair, or conformance of a sign, and shall
assess all costs and expenses incurred against the owner of the building or land on which
the sign is located.
10.04-6 All costs and expenses incurred by the Town of Ithaca in causing the removal or repair
of any sign, as specified in this Section and Section 8., shall be collected from the owner
of the premises on which such sign is located. Payment shall be made in not less than
five days after the receipt of a written demand. Upon failure to make such payment,
such costs and expenses shall be assessed against said owner and shall be paid and
collected as part of the Town and County Tax next due and payable. In addition, the
Town may commence any other action or proceeding to collect such costs and expenses.
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11. GLOSSARY
11.01 Terminology
11.01-1 For the purposes of this law certain words and terms shall have the meanings given in
this Section.
11.01-2 Words used in the present tense include the future tense; words used in the singular
include the plural, and the plural the singular, the word "shall" is mandatory and not
permissive.
11.01-3 Certain words imply and include other words as follows:
AFFIX : attach, append, join, suspend.
BUILDING : structure.
ENTERPRISE: business, profession, organization, association.
ERECT : build, construct, alter.
PLACEMENT : location, erection.
STREET : road, highway, lane, alley.
USED : designed, intended, arranged to be used,
^ 11.02 Definitions
A AGRICULTURAL DISTRICT: An agricultural land use area classification as estab
lished by the Town of Ithaca Zoning Ordinance, as amended.
AUXILIARY SIGN: A sign affixed in a subordinate position to the supports of a
freestanding sign.
AWNING: A canvas-covered frame or similar structure that shelters a window, door,
deck or the like from sun and rain.
B BACKLIGHTED SIGN: A sign or graphics silhouetted by a light source not directly
visible.
BANNER: A type of flag, not an emblem of a government or instimtion, with graphics
that are purely decorative or that identify, advertise and/or convey commercial informa
tion.
BOARD OF APPEALS: The Zoning Board of Appeals as established in accordance
with the provisions of Town Law.
f
BUILDING: A structure affixed to a permanent foundation.
BUILDING FACE: The exterior surface of a building.
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Siga-law.U, wp5l\iih\localUw. September 25> 1996 12:43pm
BUILDING FRONTAGE: That part of a building or lot facing a sidewalk, street, or
other public place.
BUSINESS DISTRICT: A business land use area classification as established by or
pursuant to the Town of Ithaca Zoning Ordinance, as amended.
C CANOPY: An ornamental rooflike projection or covering. A free-standing structure
over gasoline pumps is a canopy.
COPY-CHANGE SIGN: A sign on which the visual message may be periodically
changed.
D DISTRICT: A land use area classification as established by the Town of Ithaca Zoning
Ordinance, as amended.
E ENFORCEMENT OFFICIAL: The official charged with the duty to enforce the
zoning and other laws, ordinances, codes, and regulations relating to buildings and
property.
EXEMPT SIGN: A sign which may be erected or placed without a Sign Permit under
the provisions of this law.
^ F FREESTANDING SIGN: A sign affixed to the ground independent of any adjacent
/ V building or structure.
FREESTANDING SIGN AREA: The area of the smallest rectangle, triangle, or circle
(whichever results in the smallest area calculation) circumscribing one face of the sign
panel or sign symbol or grouped panels or symbols, inclusive of decorative appendages
but exclusive of supports.
FRONT YARD: An open space on the same lot with a building, between the building
front line and the street line, but excluding any public sidewalk and the area between
such sidewalk and street, and extending the full width of the lot
G GASOLINE STATION: A drive-in service for the sale of motor fuel oil, and motor
vehicle accessories, and which may include facilities for lubricating, washing, or
servicing vehicles, but not including painting or body repairs, or the sale of new or used
cars. The term includes Filling Station, Service Station.
GRAPHICS: The letters, figures, emblems, devices, and other representations
comprising the visual message of a sign.
H fflSTORICAL MARKER SIGN: A sign displaying historical and/or architectural
information about a building or place.
I ILLUMINATED SIGN: A sign illuminated by artificial light or which is composed
of luminous tubing, or other artificial lighting devices.
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Siga>IjivrJl, «p5l\tth\loc3llaw, September 25. 1996 12:43pm
INDIRECTLY ILLUMINATED SIGN: A sign illuminated by reflection from a light
source not directly visible.
INDUSTRIAL DISTRICT: an industrial land use area classification as established by
or pursuant to the Town of Ithaca Zoning Ordinance, as amended.
L LUMINOUS TUBING: Glass tubing with a cold cathode light or similar source such
as neon.
M MARQUEE: A permanent roofed structure projecting from a building, usually over an
entrance, attached to the building or on freestanding supports, or botlL
MULTI-USE FACILITY: A shopping center or similar facility where two or more
enterprises are operated on any one parcel or contiguous parcels under the ownership or
management of the same person, firm or corporation.
N NON-CONFORMING SIGN: A sign lawfully existing on the effective date of this law
or subsequent amendment thereto, which does not conform to the regulations applicable
in the district in which it is located. Only an on-premises sign as defined in this section
shall be deemed to be a non-conforming sign and be entitled to the benefits of a non-
conforming use.
O OFF-PREMISE SIGN: A sign related to an enterprise not conducted, or to a service
or commodity not offered or sold, upon the premises where such sign is located.
ON-PREMISE SIGN: A sign related to an enterprise conducted, or to a service or
commodity offered or sold, upon the premises where such sign is located.
OWNER: Owner, agent, or person having beneficial use of the building or land on
which a sign is located.
P PERSON: Firm, partnership, trust, company, corporation, organization, or institution,
as well as an individual, acting as owner, lessee, or agent, or employee.
PROHIBITED SIGN: A sign which is forbidden under the provisions of this law.
PROJECTING SIGN: A sign protruding at an angle from a building or structure.
PROJECTING SIGN AREA: The area of the smallest rectangle, triangle, or circle
(whichever results in the smallest area calculation) circumscribing one face of the sign
panel or sign symbol or grouped panels or symbols, inclusive of decorative appendages
but exclusive of supports.
PUBLIC INFORMATION SIGN: A sign identifying a public facility, such as a public
^ telephone, or providing information concerning direction, safety, and trespassing.
PUBLIC PLACE: Any thoroughfare, square, plaza, public parking lot, or similar area,
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Siga-Law.ll. wpSl\ith\IocalUw, Scptemb«r 25, 1996 12:43pm
whether publicly or privately owned.
R RESIDENTTAL DISTRICT: A residential land use area classification as established
by the Town of Ithaca Zoning Ordinance* as amended.
REGULATED SIGN: A sign which may be placed on issuance of a Sign Permit under
the provisions of this law.
RIGHT OF WAY, PUBLIC: Land over which the public may travel subject to restric
tions by the government with jurisdiction* whether or not said government has control
of the land by ownership or easement
ROOF SIGN: A sign placed above the upper edge of a building* wall* or par^t* or
placed or painted on or above the roof covering* or on an independent structural frame
on a roof* or on the side of roof or roof structures such as marquees, penthouses,
elevator housing* and tanks.
S SELF-ILLUMINATED SIGN: An internally illuminated sign with gr^hics displayed
on a translucent face* or individual letters or symbols with a translucent face, and with
translucent or opaque edges.
SIGN: A device for visual communication publicly displayed to identify* advertise*
^ and/or convey information.
/ \
SIGN AREA: See Freestanding Sign Area* Projecting Sign Area, WaU Sign Area.
With respect to all other signs for which an area measurement is necessary* the sum of
the areas of the graphics* measured as the sum of the areas of the smallest rectangles*
triangles, or circles (which may be used in combination and whichever results in the
smallest area calculation) circumscribing each group of words and each device or other
representation* except that any graphics surrounded by a border* or on a panel which
differentiates such graphics from a background* shall be measured as the area of the
smallest rectangle* triangle or circle (whichever results in the smallest area calculation)
circumscribing the border or panel.
SIGN DIRECTORY: A listing of several enterprises* consisting of a matrix and sign
components.
SIGN HEIGHT: The vertical dimension from grade to the uppermost point on the sign
panel.
SIGN SYMBOL: A sign whose shape represents an object* or a customary identifying
device such as a barber pole.
STORE FRONTAGE: That part of a buUding frontage between architectural elements
^ of the facade such as piers* or the frontage of a single enterprise.
STREET: A public thoroughfare which can be seen from a sidewalk* street, or other
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Siga-Iaw.ll. wpSUtihUocallaw, September 15, 1996 12:43pm
I
public place.
T TEMPORARY SIGN: A sign limited for use to a period not exceeding 30 days or to
such other limited period as permitted by provision of this law.
V VARIANCE: A departure from the terms of this law authorized by the Zoning Board
of Appeals due to a practical difHculty or unnecessary and undue hardship, not the result
of the actions of the applicant, peculiar to an individual situation.
VARIATION: A departure from the terms of this law varying any maximum numerical
limitations in this law by no more than 25 per cent authorized by the Sign Review
Board.
W WALL SIGN: A sign painted or affixed on and parallel to an exterior wall of a
building or structure, but not on window glass.
WALL SIGN AREA: The sum of the areas of the graphics, measured as the sum of
the areas of the smallest rectangles, triangles, or circles (which may be used in
combination and whichever results in the smallest area calculation) circumscribing each
group of words and each device or other representation, except that any graphics
surrounded by a border, or on a panel which differentiates such graphics from a back
ground, shall be measured as the area of the smallest rectangle, triangle or circle
(whichever results in the smallest area calculadon) circumscribing the border or panel.
WINDOW SIGN: A sign visible from a sidewalk, street, or other public place, painted
or affixed on glass or other window material, or located inside within 3 feet of the
window, but not including graphics in connection with customary window display of
products.
Z ZONE: A land use area classification as established by the Town of Ithaca Zoning
Ordinance, as amended.
ZONING BOARD OF APPEALS: See Board of Appeals.
12. RESTATEMENT AND REENACTMENT
12.01 Amendment and Readoption
12.01-1 Local Law Number 8 of the year 1980, entitled the "A Local Law Regulating Signs m
the Town of Ithaca, New York" adopted by the Town of Ithaca on August 11, 1980, is
hereby amended, restated, and readopted as set forth herein.
I »
/
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