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HomeMy WebLinkAboutLL 12 of 2017 Revising Sign Provisions TOWN OF ITHACA LOCAL LAW NO. 12 OF THE YEAR 2017 A LOCAL LAW REVISING THE TOWN OF ITHACA'S SIGN PROVISIONS BY DELETING TOWN OF ITHACA CODE CHAPTER 221, "SIGNS," AND BY ADDING SIGN PROVISIONS TO AND REVISING TOWN CODE CHAPTER 270, "ZONING" AND CHAPTER 271, "ZONING: SPECIAL LAND USE DISTRICTS" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 221, entitled "Signs," of the Town of Ithaca Code, is deleted in its entirety. Section 2. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, Article III, entitled "Terminology," is amended by adding the following definitions to Section 270-5, entitled "Definitions": ART MURAL --A one-of-a-kind work of visual art that is hand-painted, hand-tiled or digitally printed directly on, or affixed directly to, an exterior wall of a building. AWNING --A fixed or moveable roof-like frame structure that is entirely supported from a building and projects over doors, windows or other portions of the building exterior. BANNER--A type of sign made of flexible material that has all corners attached to poles by grommets or pole pockets. BACKLIT SIGN --A sign in which the illumination source appears behind the graphics of the sign to create a highlight that separates the graphics from the background. BUILDING FACE -- The exterior surface of a building. BUILDING FRONTAGE -- That part of a building or lot facing a sidewalk, street, or other public place. CANOPY --A roof-like frame structure that is (a) supported by the exterior wall of a building and on columns or poles, or(b) self-supported wholly on columns or poles. A canopy differs from an awning because it is not entirely supported by the building. COPY-CHANGE SIGN --A sign that is designed such that the visual message may be physically removed and changed on a periodic basis. EXEMPT SIGN --A sign described in § 270-250.A that is exempt from the provisions of this chapter. FLAG --A type of sign made of fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. FLAG POLE --A freestanding structure or a structure attached to a building and used for the purpose of displaying flags. FREESTANDING SIGN --A sign affixed to the ground independent of any adjacent building or structure. Adopted August 7, 2017 1 GRAPHICS -- The letters, figures, emblems, devices, and other representations comprising the visual message of a sign. ILLUMINATED SIGN --A sign illuminated internally or externally by artificial light, or which is composed of luminous tubing or other artificial lighting devices. LUMINOUS TUBING -- Tube of light that comes from sources such as neon, cold cathode, fiber optic, LED or other electric or gas-discharge source. MARQUEE -- A permanent roofed structure that is attached to and projects from a theatre building's entrance. Marquees are supported entirely by the building and are generally designed to provide protection from the sun and rain. MONUMENT SIGN --A type of freestanding sign, with a sign face or its base resting on the ground. MULTIUSE OR MULTI-TENANT FACILITY-- A facility where two or more establishments are operated on any one parcel, or on contiguous parcels under the ownership or management of the same person, company or other entity. NONCONFORMING SIGN -- A sign lawfully existing on the effective date of this chapter or subsequent amendment thereto, which does not conform to the regulations applicable in the zoning district in which it is located. OFF-PREMISES SIGN -- A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. PROJECTING SIGN --A sign protruding at an angle from a building or structure. RIGHT-OF-WAY, PUBLIC -- The streets, roads, highways, alleys and sidewalks within the Town that are public highways by use, or that the Town, County, or State has acquired by dedication, deeds, or grants or through the eminent domain process, including paved or finished travel surfaces, shoulders and ditches and drainage ways that convey water runoff from the travel surfaces. SIGN --A device for visual communication publicly displayed to identify, advertise, and/or convey information. SIGN SUPPORT -- The part or parts of a sign that structurally holds up the sign, including but not limited to, a single pole, two poles on either side of a sign, or a monument base. Terracing or additional stonework,pillars, or other structures that are not integrally part of a sign are not considered supports. SIGN SYMBOL --A sign whose shape represents an object, or a customary identifying device such as a barber pole. STORE/ESTABLISHMENT FRONTAGE -- That part of a building frontage occupied by a single enterprise. WALL SIGN --A sign painted or affixed on and parallel to an exterior wall of a building or other structure, but not on window glass or other window material. WINDOW SIGN --A sign painted or affixed on glass or other window material, or located inside within three feet of the window and visible from the exterior of the window, but not including window displays of products. Adopted August 7, 2017 2 Section 3. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, is amended by adding new Article XXIX, entitled "Signs," as follows: "ARTICLE XXIX SIGNS §270-246. Title. §270-247. Purpose. §270-248. Interpretation. §270-249. Prohibited signs and displays. §270-250. Exempt signs; art murals. §270-251. Signs requiring permits. §270-252. Criteria applying to signs in all zones. §270-253. Sign types found in this article. §270-254. Residential and Conservation Zones. §270-255. Agricultural Zones. §270-256. Commercial and Industrial Zones. §270-257. Sign illumination. §270-258. Sign construction. §270-259. Sign maintenance and removal; nonconforming signs. §270-260. Design review. §270-261. Computation of sign area. §270-262. Sign permit. §270-263. Severability clause. Adopted August 7, 2017 3 ROOF SIGN' FREE- STANDING ,u CANOPY SIGN AWNING SIGN 1��ND0� 5lt�IV Source:Signage Made Simple-Monmouth,NJ CountyPlanning Board § 270-246. Title. This article shall be known and cited as the "Town of Ithaca Sign Law." §270-247. Purpose. This article is enacted to guide and regulate signs to promote the public health, safety and welfare as follows: A. Provide minimum standards by regulating and controlling the number, size, design, quality of materials, construction, location, electrification, and maintenance of all signs and sign structures. B. Encourage signs and graphics that are compatible with the surrounding natural and built environments. C. Reduce the hazards of sign obstruction and distractions and improve traffic safety. D. Create a more attractive business climate. E. Conserve the value of buildings and properties. F. Protect and enhance the Town's aesthetic environment and appearance, including scenic views. G. Preserve the right of free speech and expression in the display of signs. H. Provide for the orderly and reasonable elimination of existing signs that are not in conformance with this chapter. § 270-248. Interpretation. A. The provisions of this article shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. In the case of conflicts between this article and other articles in Chapter 270, Zoning, the provisions of this article shall apply. In the case of conflicts between this article and other chapters of the Town Code, the more stringent provision shall govern. Adopted August 7, 2017 4 B. The adoption of this article shall not affect any pending or prevent any future prosecution of action to abate any existing violation of Chapter 270, Zoning, as amended, if the use so in violation is in violation of the provisions of this article. § 270-249. Prohibited signs and displays. The following signs and displays shall be prohibited in all zoning districts, as established pursuant to Chapter 270, Zoning, except as otherwise permitted in this article: A. Off-premises signs. B. Animated signs and all electronic message centers (animated and non-animated), including signs with blinking, flashing, strobe, chasing or alternating color lights, or moving parts or messages. C. Graphics that physically or visually impair vehicular or pedestrian traffic by design, lighting, or placement. D. Pennants, valances, ribbons, spinners, streamers, searchlights, string or festoon lights, exposed luminous or fiber optic tubing (except in windows as specified in §270- 256.F.4) neon lights, balloons or similar devices shall not be part of an exterior or window sign, or used for advertising or attracting attention. F. Signs with phosphorescent, fluorescent, or reflective material or paint. F. Signs placed, wholly or in part, on, over, or above any roof, building, marquee or other structure unless specifically permitted by this article. G. Any sign which could be mistaken or confused with a traffic control signal or device or official public information sign. H. Copy-change signs, except as specifically permitted in this article. I. Signs on surfaces that are not flat and are not attached to a building, and sign symbols that are not attached to a building. I All signs not expressly permitted by this article. § 270-250. Exempt signs; art murals. A. The following signs are exempt from the requirements of this article: 1. Public safety and public emergency signs. 2. Signs that are required by law, statute, ordinance or regulation, but the exemption shall extend only to the aspect(s) of the sign, such as size, height or location, that do not meet the requirements of this article and that are mandated (not merely permitted) by the law, statute, ordinance or regulation. All other aspects of the sign are subject to the requirements of this article. B. Art murals have different purposes and benefits than signs and are not signs. Art murals are subject to the requirements of Article XXX, Art Murals. § 270-251. Signs requiring permits. After the effective date of this article, sign permits are required for the following: Adopted August 7, 2017 5 A. Signs listed in § 270-256.A located in Commercial or Industrial Zones, and B. The erection, relocation or alteration of signs that have a variance by the Zoning Board of Appeals or that are included in a site plan approved by the Planning Board. § 270-252. Criteria applying to signs in all zones. A. Signs shall not: 1. Obstructor impair vision or traffic. 2. Be attached to utility poles, bridges, or safety, traffic or street identification signs. 3. Be placed or painted on vehicles or trailers that are parked or located for the primary purpose of displaying such signs. B. Any otherwise lawful noncommercial copy may be substituted for any commercial copy on any sign that is allowed by this article. § 270-253. Sign types found in this article. The following are pictorial descriptions of the types of signs that are described in this article. Chapter 270, Article III, Terminology, contains definitions of these types of signs. AWNING BANNER COPY-CHANGE SIGN 1, a� m B SOAIIAIN lS930 mm wONfiN 4' F,AlA� 1095 CANOPY MARQUEE MOVE i FREESTANDING/MONUMENT SIGN w PROJECTING SIGN WALL SIGN Adopted August 7, 2017 6 1 p i WINDOW SIGN BACKLIT SIGN =i EXTERNALLY-LIT SIGN INTERNALLY-LIT SIGN NON-FLAT SURFACE SIGNS (e.g. 3-Dimensional) § 270-254. Residential and Conservation Zones. A. Freestanding, wall, projecting, awning and window signs and banners and flags are permitted as principal and accessory uses and structures as specified below. B. Unless otherwise specified below, signs may not be internally illuminated. C. Freestanding signs shall not exceed 6 feet in height. D. Except as provided in Subsection E below, signs up to 16 square feet in area in the aggregate on any one parcel are permitted. No one sign shall be larger than 6 square feet in area, except as provided in Subsection E below. E. Notwithstanding Subsection D above: 1. In Multiple Residence Zones, signs up to 36 square feet in the aggregate on any one parcel are Adopted August 7, 2017 7 permitted. No one sign shall be larger than 24 square feet in area. 2. Window signs shall not count towards the aggregate square footage of signs allowed on any one parcel set forth in Subsection D above or in Subsection F(5)below. 3. Signs that meet all of the following criteria shall not count towards the aggregate square footage of signs allowed on any one parcel set forth in Subsection D above or in subparagraph 5 below: the signs are non-illuminated, they do not exceed 6 square feet in area per sign, they do not exceed 6 feet in height, and they are placed at least 150 feet from any public right-of-way and the lot line of any adjoining owner. 4. Banners up to 24 square feet in area are permitted, provided that they are at least 500 feet from a public right-of-way and from the lot line of any adjoining owner, all corners are attached to poles by grommets or pole pockets, and the banners are made of heavyweight fabric or have air slits. 5. Flags up to 40 square feet in area in the aggregate that are flown on one building-mounted and/or one freestanding flagpole on any one parcel are permitted. The maximum height of the freestanding flagpole shall be 30 feet, and the minimum setback for the freestanding flagpole from any public right-of-way and from the lot line of any adjoining owner shall equal the height of the pole. 6. If the square footage of all principal buildings on a parcel exceeds 8,000 square feet: (a) Signs up to 32 square feet in the aggregate are permitted, and no one sign shall be larger than 24 square feet in area. (b) In addition, signs up to 100 square feet in the aggregate on any one parcel are permitted for signs that are located at least 500 feet from a public right-of-way; no one such sign shall be larger than 50 square feet in area. F. Wall signs 1. Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached. 2. Wall signs shall not extend more than nine inches from the face of the building to which they are attached. 3. Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. G. Projecting signs 1. A projecting sign panel or sign symbol may extend three feet maximum from the building face. 2. 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 seven feet six inches above the walking surface. 3. Projecting signs shall not be of the copy-change type. 4. The top of aprojecting sign shall be no higher than 12 feet from the ground. H. Awning signs 1. Awning signs may be located no further than six feet from the facade of the building to which they relate. 2. No sign shall project or be suspended from an awning. 3. Awning signs shall be completely within the outer edges of such awning. Adopted August 7, 2017 8 4. Awning graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides. Any lettering shall be a single line of lettering with a maximum height of six inches. 5. No part of an awning sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. I. Signs shall be located outside of a public right-of-way, in no case be located between the sidewalk and the street and shall be placed no closer than 15 feet from a side lot line. § 270-255. Agricultural Zones. A. Freestanding, wall, projecting, awning, window, copy-change signs and banners and flags are permitted as principal and accessory uses and structures as specified below. B. Unless otherwise specified below, signs may not be internally illuminated. C. Freestanding signs shall not exceed 6 feet in height. D. Area of signs. 1.For parcels less than 5 acres in size: (a) Signs up to 24 square feet in area in the aggregate on any one parcel are permitted. (b) No one sign shall be larger than 12 square feet in area. 2.For parcels 5 acres in size or larger: (a) Signs up to 36 square feet in area in the aggregate on any one parcel are permitted. (b)No one sign shall be larger than 24 square feet in area. F. Notwithstanding Subsection D above: 1. Window signs shall not count towards the aggregate square footage of signs allowed on any one parcel set forth in Subsection D above or in Subsection F(4)below. 2. Banners up to 24 square feet in area are permitted, provided that they are at least 500 feet from a public right-of-way and from the lot line of any adjoining owner, all corners are attached to poles by grommets or pole pockets, and the banners are made of heavyweight fabric or have air slits. 3. Flags up to 40 square feet in area in the aggregate that are flown on one building-mounted and/or one freestanding flagpole on any one parcel are permitted. The maximum height of the freestanding flagpole shall be 30 feet, and the minimum setback for the freestanding flagpole from any public right of way and from the lot line of any adjoining owner shall equal the height of the pole. 4. If the square footage of all principal buildings on a parcel exceeds 8,000 square feet: (a) Signs up to 32 square feet in the aggregate are permitted, and no one sign shall be larger than 24 square feet in area. (b) In addition, signs up to 100 square feet in the aggregate on any one parcel are permitted for signs that are located at least 500 feet from a public right-of-way; no one such sign shall be larger than Adopted August 7, 2017 9 50 square feet in area. F. Wall signs 1. Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached. 2. Wall signs shall not extend more than nine inches from the face of the building to which they are attached. 3. Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. G. Projecting signs 1. A projecting sign panel or sign symbol may extend three feet maximum from the building face. 2. 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 seven feet six inches above the walking surface. 3. Projecting signs shall not be of the copy-change type. 4. The top of aprojecting sign shall be no higher than 12 feet from the ground. H. Awning signs 1. Awning signs may be located no further than six feet from the facade of the building to which they relate. 2. No sign shall project or be suspended from an awning. 3. Awning signs shall be completely within the outer edges of such awning. 4. Awning graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides. Any lettering shall be a single line of lettering with a maximum height of six inches. 5. No part of an awning sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. 1. Copy-change signs 1. The copy-change portion of signs may be up to 12 square feet in area. 2. Copy-change lettering shall be no larger than 6 inches maximum height. J. Signs shall be located outside of a public right-of-way, in no case be located between the sidewalk and the street and shall be placed no closer than 15 feet from a side lot line. § 270-256. Commercial and Industrial Zones. A. Freestanding, wall, projecting, marquee, awning, canopy and copy-change signs are permitted as principal and accessory uses and structures as specified below upon receipt of a sign permit. B. One wall sign or one projecting sign on each building or store/establishment frontage, and one freestanding sign are permitted. If an establishment has entrances for vehicular traffic on more than one public right-of-way, two freestanding signs are permitted. All freestanding and wall signs shall meet the placement and area requirements listed below. C. In the case of multiuse or multi-tenant facilities, one freestanding sign shall be allowed for the development as a whole, regardless of the number of separate establishments or tenants. If such Adopted August 7, 2017 10 multiuse or multi-tenant facility has entrances for vehicular traffic on more than one public right-of- way, two freestanding signs are permitted. Each line of a multiuse or multi-tenant sign shall contain information pertaining to only one use or tenant. D. In Office Park Commercial Zones, signs that meet all of the following criteria shall not count towards the number of signs allowed in Subsections B and C above: the signs are non-illuminated, they do not exceed 6 square feet in area per sign, they do not exceed 6 feet in height, and they are placed at least 150 feet from any public right-of-way and the lot line of any adjoining owner. B. In all Commercial and Industrial Zones, up to 4 freestanding signs that meet both of the following criteria shall not count towards the number of freestanding signs allowed in Subsections B and C above: the signs do not exceed 4 square feet in area per sign, and they do not exceed 4 feet 6 inches in height. F. Permitted sign dimensions and other criteria in Commercial and Industrial Zones are as follows: 1. Freestanding signs (a) Freestanding sign panels shall have no more than two faces. (b) For road speed limits of 35 mph or less: 1) single-tenant signs may be up to 10 feet tall, with a maximum area of 32 square feet. 2) multi-tenant signs may be up to 10 feet tall, with a maximum area of 50 square feet. (c) For road speed limits over 35 mph: 1) single-tenant signs may be up to 16 feet tall, with a maximum area of 32 square feet. 2)multi-tenant signs may be up to 16 feet tall, with a maximum area of 50 square feet. 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 seven feet six inches above the walking surface. (d) Freestanding signs shall be located outside of the public right-of-way, and shall be no closer than 15 feet from a side lot line. No part shall extend over a sidewalk. 2. Wall signs (a) The maximum area of wall sign graphics shall be one square foot for each linear foot of building frontage occupied by the enterprise on which the sign is placed. (b) Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached. (c) Wall signs shall not extend more than nine inches from the face of the building to which they are attached. (d) Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. 3. Projecting signs (a) The maximum area of a sign panel or symbol shall be 15 square feet. (b) A projecting sign panel or sign symbol may extend three feet maximum from the building face. (c) 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 seven feet six inches above the walking surface. (d) The top of aprojecting sign shall be no higher than 12 feet from the ground. Adopted August 7, 2017 11 (e) Projecting signs maybe of the copy-change type if they are marquees and meet the marquee requirements specified in this article. 4. Window signs are permitted, provided that they meet the standards of the applicable NYS Uniform Fire Prevention and Building Code. (a) Exposed luminous tubing or similar window signs shall consist of no more than two rows, the lettering shall not exceed six 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. 5. In lieu of any one or more of the wall,projecting or freestanding signs permitted above, one or more marquee, awning or canopy sign may be substituted instead, provided that: (a) Such marquee, awning or canopy sign is located no further than six feet from the facade of the building to which it relates. (b) The total number of signs does not exceed the number permitted pursuant to Subsections B and C above. (c) No sign shall project or be suspended from a marquee, canopy or awning. (d) Marquee, canopy and awning signs shall be completely within the outer edges of such marquee, canopy or awning. (e) Copy-change marquees are permitted as long as the copy-change portion is not internally illuminated. (f) For each linear foot of marquee perimeter the maximum area of graphics shall be one square foot. (g) Canopy or awning graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides. (h) Canopy or awning lettering shall be a single line of lettering with a maximum height of six inches. (i) No part of a marquee, awning or canopy sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. § 270-257. Sign illumination. Unless otherwise specified in this law, all illuminations shall meet the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. A. Internally lit signs 1. Internally illuminated signs must be constructed with an opaque or dark-colored background and translucent or light-colored text and symbols. 2. Illumination for all internally lit signs shall be turned off between the hours of 9:00 p.m. and 5:00 a.m., unless the business is open or the activities are happening during those hours. B. Externally lit signs (e.g. direct illumination or backlit) 1. Top mounted fixtures are required for all externally-lit signs except for backlit signs. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of§173-6 of the Outdoor Lighting Law. Adopted August 7, 2017 12 2. Backlit signs are permitted, but the background surface on which the light shines shall not be reflective. 3. Illumination for all externally lit signs in the Commercial and Industrial Districts shall be turned off between the hours of 9:00 p.m. and 5:00 a.m., unless the business is open during those hours. For Residential and Agricultural Districts, illumination shall be turned off when the activity or special event ceases. § 270-258. Sign construction. A. Fabrication and attachment. All sign fabrication, erection, and attachment shall conform to the requirements of the applicable New York State Uniform Fire Prevention and Building Code and other applicable codes and regulations. B. Electrical. 1. Lighting fixtures and wiring shall conform to the requirements of the National Electrical Code and other applicable codes and regulations and shall have the approval of an appropriate electrical inspection person or agency, as determined by the Town. 2. Transformers, wires, and similar items shall be concealed. 3. All wiring to freestanding signs shall be underground. § 270-259. Sign maintenance and removal; nonconforming signs. A. Maintenance. The owner or person, company or other entity having control of a sign, and the owner of the lot on which such sign is located, shall be jointly and severally liable to maintain such sign, including its illumination sources and to prevent the development of any rust, corrosion, rotting, or other deterioration in the physical appearance of such sign. All signs, sign finishes, supports, and electrical work shall be kept in a neat, clean, attractive appearance, in safe condition, and in good working order at all times. B. Disused signs. Any sign, and any supports and electrical work, must be removed within 30 days after the conclusion of the event to which it refers, its purpose has been met, or the occupancy to which it relates no longer exists, unless the Code Enforcement Officer determines that such sign or portions thereof may be utilized by a subsequent enterprise. C. Surface restoration. Upon removal of any wall sign, including signs painted on walls, the surface area of the wall shall be restored to an appearance substantially equivalent to the remaining portion of the facade. D. Unsafe signs. 1. Unsafe signs shall be repaired or removed by the owner or person, company or other entity having control of the sign, or the owner of the lot on which the sign is located. In addition to other remedies provided by this article or chapter, by New York Town Law §268, or by law or equity, Code Enforcement Officers may require removal of unsafe signs pursuant to the procedures described in this subsection. 2. If the Code Enforcement Officer determines an unsafe sign to be an actual danger to persons or property, such sign must be removed within three days of receipt by the owner or person, company or other entity having control of a sign, or by the owner of the lot on which such sign is located, of the Town's written notice of removal.. 3. If the sign is not removed within three days after notification, the Town shall remove the sign at cost to Adopted August 7, 2017 13 the owner of the premises. 4. If it is determined by the Code Enforcement Officer that any sign is a source of immediate peril or imminent danger to any person or property, such sign may be removed summarily and without notice by the Code Enforcement Officer at cost to the owner of the premises. 5. The Town shall recover its costs pursuant to the procedures in Subsection F(3)(b) and (c)below. E. Signs on public rights-of way. 1. Signs placed on public rights-of-way that are not authorized by, or that do not conform with, the provisions of this article create unreasonable distractions to operators of motor vehicles; create confusion with regard to traffic lights, signs and signals; impair visibility of pedestrians and motor vehicles; distract from identification of surrounding businesses and home-house numbering; and detract from the aesthetic character of buildings, sites, districts and the Town as a whole. The prompt removal of such signs will protect the health, safety, and welfare of the community and prevent public nuisances. 2. In addition to other remedies provided by this article or chapter, by New York Town Law §268, or by law or equity, Code Enforcement Officers are authorized to remove from Town public rights-of way any signs that are not authorized by, or do not comply with, the provisions of this article. Upon receipt of written approval from Tompkins County, Code Enforcement Officers are authorized to remove from County public rights-of way within the Town any signs that are not authorized by, or do not comply with, the provisions of this article. Upon receipt of written approval from the New York State Department of Transportation, Code Enforcement Officers are authorized to remove from New York State public rights-of way within the Town any signs that are not authorized by, or do not comply with, the provisions of this article. F. Signs on private or public property. 1. In addition to other remedies provided by this article or chapter, by New York Town Law §268, or by law or equity, the Town may utilize the following procedure to remove from public property (including public rights-of-way) and from private property any signs that are not authorized by, or do not comply with, the provisions of this article and that constitute a public nuisance or are dangerous to the public health, safety and welfare. 2. The Code Enforcement Officer may order removal of such sign by written notice to the owner or person, company or other entity having control of the sign, or to the owner of the lot on which such sign is located. The notice shall set forth a deadline by which such removal must be completed if the sign does not come into compliance with the requirements of this article by the deadline. Said notice shall further advise that, should the violator fail to so act within the established deadline, the sign removal may be performed by a designated governmental agency or a contractor, with the expense thereof to be charged to the violator and/or to become a lien against the premises. 3. Town's removal of signs. (a) If the sign is not removed or does not come into compliance with the requirements of this article within the period set forth in the Town's notice or Town Board's decision after any appeal thereof pursuant to Subsection F(3)(c) below, the Town may enter the premises to remove the sign or cause the removal to be performed. The Town's entry onto such premises shall be pursuant to an agreement between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may seek a warrant from a court of competent jurisdiction for access to the premises and/or may seek a court order requiring or authorizing all actions reasonably necessary to remove the sign, with the costs of such actions the sole responsibility of the violator. Adopted August 7, 2017 14 (b) The Town shall present the landowner with a bill for all costs and expenses incurred by the Town in connection with the sign removal. If the landowner shall fail to pay such costs and expenses within 15 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest the landowner may pursue, then such unpaid costs, expenses and interest(at the statutory interest rate for money judgments in New York State courts) incurred from the date of the sign removal shall constitute a lien upon the land on which such removal was undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. (c) Appeals of notices and Town bills. Any person receiving a notice to remove a sign, or a bill for Town costs and expenses, may appeal to the Town Board by, within 15 days of receipt of such notice or bill, delivering to the Town Clerk at the Town offices an Appeal requesting a reconsideration and administrative hearing before the Town Board. Such Appeal shall state the basis for the request for reconsideration and shall be accompanied by any supporting materials. Failure to serve such an Appeal within 15 days shall be deemed a waiver of any claim or defense that the notice or bill is not justified, and the violator shall comply with the requirements of the notice or pay the bill. If the Appeal is timely tiled, the Town Board shall, within 40 days of the tiling, hold a hearing and, based upon any relevant materials presented by the Town and the appellant, shall issue a resolution deciding the Appeal within 30 days after the hearing. Such resolution shall be tiled with the Town Clerk, who shall arrange for delivery of a copy of the decision to the appellant within 5 days after such tiling, at the address for such person designated in the Appeal or at such other address as the appellant may thereafter designate in writing to the Town Clerk. The Town Board's decision after the hearing shall constitute a final agency action. G. Nonconforming signs. 1. Existing portable signs, banners, and flags that are nonconforming with the provisions of this article shall be brought into conformance or removed within 90 days of the date of the adoption of this article. 2. Except as otherwise provided in Subsection G(1) above or elsewhere in this article, the lawful use of any sign existing at the date of the adoption of this article may be continued even though such sign does not conform to the provisions herein. 3. Sign permits are required for all nonconforming signs that come into compliance with the requirements of this article, if the sign requires a permit pursuant to § 270-251. A nonconforming sign may not be otherwise changed unless the Zoning Board of Appeals grants a variance and a sign permit is issued. When a nonconforming sign is in need of substantial repair(including replacement), as determined by the Code Enforcement Officer, the sign shall be made to come into compliance with the requirements of this article or be removed, unless a variance is granted by the Zoning Board of Appeals and a sign permit is issued. 4. The use of a nonconforming sign shall terminate within 30 days after the conclusion of the event to Adopted August 7, 2017 15 which it refers, its purpose has been met, or the occupancy to which it relates no longer exists. No nonconforming sign shall be reinstated except by variance granted by the Zoning Board of Appeals. 5. Temporary removal of a nonconforming sign for painting or other normal maintenance shall be limited to a period of 30 days. § 270-260. Design review. A. Purpose. The following design guidelines are provided to encourage and direct appropriate and compatible materials, illumination and placement of proposed signs. In general, sign design shall be consistent with the purpose and intent of this article. B. Sign Review Criteria. All signs that require permits are subject to design review. The Planning Board shall review signs associated with site plans, special permits and subdivisions. The Zoning Board of Appeals shall review signs that require variances or are associated with special approvals, but are not part of a site plan, special permit or subdivision application. The Planning Department may make a recommendation to the Zoning Board of Appeals for any signs that require variances or are associated with special approvals. The reviewing Board shall determine the acceptability of the proposed signs as to design, materials, illumination, placement and size. Such Board shall have the authority to approve, approve with conditions, or deny the proposed sign, using the following criteria: 1. Signs should be legible in the circumstances in which they are seen and layout should be orderly. 2. Freestanding signs should be designed to be compatible with their surroundings and appropriate to the architectural character of the buildings near which they are placed. Sign panels and graphics on buildings should relate with and not cover architectural features or details, and should be sized in proportion to them. 3. Illumination should be appropriate to the character of the surroundings and shall be in accordance with the Town's Outdoor Lighting Law. 4. Monument signs are preferable to pole signs. Pole signs should be as low to the ground as practical. 5. Multi-use or multi-tenant signs located on the same premises should meet the requirements of§ 270- 256.C. and F. 6. The reviewing Board may require that landscaping be used at the base of a freestanding sign if such landscaping will improve the overall appearance of the sign. § 270-261. Computation of sign area. The entire face of a sign on a flat surface, without supports, shall be included in measuring sign area. When a sign on a flat surface consists of individual letters, numbers, symbols, or other characters, its area shall include the area of the smallest rectangle that can encompass all of the letters, numbers, symbols, and characters (see "Sign Area Computation" chart below). A. When a sign consists of two or more flat surface faces, only one face of the sign shall be used in computing the sign area, if the faces are parallel to and within 12 inches of each other. Otherwise, all faces of the sign shall be used to compute the sign area. B. The area of a sign on a surface that is not flat, and the area of a sign symbol (e.g., a barber pole), shall be Adopted August 7, 2017 16 computed as the area of the smallest rectangle that can encompass the largest viewable surface that is visible from any one point of view (see "Sign Area Computation" chart below). Supports and mounts shall not be included in the computation. C. The only permissible additions to a sign are hanging shingles or smaller signs that extend or are located below and cumulatively are less than the main sign area. The area of each hanging shingle or smaller sign shall be measured separately from, and added to, the area of the main sign to determine the total sign area. Spaces between additions or between an addition and the main sign shall not be included in the measurement of sign area. D. The cumulative area of sign bases, supports, and decorative elements shall not exceed 1.5 times the maximum allowable sign area for the zoning district in which the sign is placed. Terracing or additional stonework,pillars, or other structures that are not integrally part of a sign are not considered supports. B. The height of a sign and its supports shall be measured from the highest point of the natural grade to the top of the sign. Adopted August 7, 2017 17 Sign Area Computation Chart ODD-SHAPED SIGN AREA FREESTANDING SIGN AREA Sign Area=Height x Width FRAMEC7 � P L I�. . T SIGNLETT-ERS /•. vddth � laWdlh-� �4► ,rt�pt�t l'�.� i�.tl,, , FaC Are iiig a c _ pal p�LA r C £o , r H r Whdth y' Mh � 0.dtlHlais m•••aretl••wrad•trm• 6 added to Compusd Sips Fac•Are• ..... .. (d![O18t 5191N 9r•8 C9iCYtaCi011. V m , Emhlem � rn a Or m r 2 Decal Z �., Width .............Width � h (Natural Gr•d•1 T .. ........ Dtld sn•y _ _ -------- __ MONUMENT SIGN AREA r-Width Wdth 7 Computed Sign oadse „ multiple tDGn �' Face Area ° = E9ements C MfitlCh yl Computed Support Area ..,,(Natural Grade) NON-FLAT SURFACE SIGN AREA(E.G.3-DIMENSIONAL) 0 , WALL SIGN AREA i ,,����,, 0 a C 4 p � KIII&I Lar est viewable surface area=the maxunum actual surface area visible from any one point of view (measured by drawing a rectangle k 'ravuanm A tiaenama'G ( 'raovamic iG a around the object,as shown). (Sign adexal -,,. y ._lSnn Arrexii._ �, _._(N'Mp^A "j ..*. Adopted August 7, 2017 18 §270-262. Sign permit. A. No sign requiring a permit pursuant to 270-251 shall be erected, moved or altered, unless and until a sign permit for such work has been obtained. No sign permit is necessary for maintenance or repair of such a sign, provided the sign is reinstalled in the same location, its dimensions, height, design and color scheme remain unchanged, and it does not contain any of the prohibited materials or paints listed in § 270-249.E. B. Applications for sign permits, on forms provided by the Town, shall be submitted to the Enforcement Official. C. Applications shall have attached thereto the following information and material: 1. Application fee as set from time to time by Town Board resolution. 2. Information as listed on the application form. 3. Drawings at an appropriate scale that adequately 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 structure on which it is located and/or in relation to nearby buildings, structures, street lines and property lines. D. The Code Enforcement Officer shall issue a permit within 30 days after: 1. Receipt of a complete application, if the proposed sign is in conformance with all requirements of this article and does not require action by the Planning Board or Zoning Board of Appeals, or 2. Receipt of a complete application and any necessary approvals and/or variances by the Planning Board and Zoning Board of Appeals, if the proposed sign complies with all Planning Board and Zoning Board of Appeals approvals and/or variances and with all requirements of this article that have not been waived by the Zoning Board of Appeals. E. If a sign authorized by a permit is not completed and in place within one year, said permit will expire. F. See § 270-259.G for permit requirements for nonconforming signs. G. The Enforcement Official shall issue a Certificate of Compliance for any sign upon completion of the sign installation or alteration in compliance with its permit and any Planning Board or Zoning Board of Appeals approvals. § 270-263. Severability clause. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remaining portions hereof, but shall be confined to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered." Section 4. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, is amended by deleting the phrase "Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca" from each of the following Chapter 270 subsections, and reserving those subsections for future use: A. § 270-29.G, [Agricultural Zones; text is in Permitted accessory buildings and uses section] B. § 270-43.E [Lakefront Residential Zones; text is in Permitted accessory structures and uses section] C. § 270-56.G [Low Density Residential Zones; text is in Permitted accessory buildings and uses section] Adopted August 7, 2017 19 D. § 270-68.F [Medium Density Residential Zones; text is in Permitted accessory buildings and uses section] E. § 270-79.F [High Density Residential Zones; text is in Permitted accessory buildings and uses section] F. § 270-114.0 [Commercial Zones Generally; text is in Permitted accessory uses section] G. § 270-146.C. [Light Industrial Zones; text is in Permitted accessory buildings and uses section] H. § 270-160.0 [Industrial Zones; text is in Permitted accessory buildings and uses section] Section 5. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, Article XI, entitled "Mobile Home Park Zones", Section 270-97, entitled "Special requirements,"is amended by deleting Subsection J in its entirety and reserving that subsection for future use. Section 6. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, Article XXVI, entitled "Special Regulations," Section 270-219.2, entitled "Limitations on home occupations," is amended by deleting from Subsection E. the phrase "or Chapter 221, Signs, of the Code of the Town of Ithaca" and replacing it with "Article XXIX, Signs" so that this Subsection E reads as follows: "E. There shall be no exterior display or sign except as permitted by Article XXIX, Signs, no exterior storage of materials, equipment(including commercial vehicles), or other items of commerce, and no other exterior indication of the home occupation or variation from the residential character of the lot, district or surrounding neighborhood." Section 7. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, Article XXVIII, entitled "Administration," Section 270-233, entitled "Permit to build," is amended by deleting in Subsection A the phrase "Chapter 221, Signs, of the Code of the Town of Ithaca" and replacing it with the phrase "Article XXIX, Signs". Section 8. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-3, entitled "Special Land Use District No. 1 (Wiggins)," is amended as follows: A. In the first sentence in Subsection B(3), add the phrase "and structures" after "The uses" so that this sentence reads: "The uses and structures permitted in this Planned Development Zone are:" B. In Subsection B(3), add a new Subsection (f)that reads: "Signs, subject to the provisions in Subsection B(4)(e) below." C. In Subsection B(4), add a new Subsection (e)reading as follows: "(e) Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Commercial and Industrial Zones shall apply, except up to two freestanding signs identifying the on-site establishments are allowed instead of the one freestanding sign provided for in Article XXIX." Adopted August 7, 2017 20 Section 9. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-5, entitled "Special Land Use District No. 3 (Limited Mixed Use, Biggs Complex),"is amended as follows: A. In the first sentence in Subsection B, add the phrase "and structures" after"The uses" so that this sentence reads: "The uses and structures permitted in this Special Land Use District No. 3 are:" B. In Subsection B, add a new Subsection (4)that reads: "Signs, subject to the provisions in Subsection D below." C. Add the following sentence to the end of Subsection D: "Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Office Park Commercial Zones shall apply." Section 10. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-6, entitled "Special Land Use District No. 4 (Limited Mixed Use, Statler West)," is amended as follows: A. In the first sentence in Subsection B, add the phrase "and structures" after"The uses" so that this sentence reads: "The uses and structures permitted in Special Land Use District No. 4 are:" B. In Subsection B, add a new Subsection (6)that reads: "Signs, subject to the provisions in Subsection D below." C. Add the following sentence to the end of Subsection D: "Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Office Park Commercial Zones shall apply." Section 11. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-7, entitled "Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce)," is amended as follows: A. In the first sentence in Subsection B, add the phrase "and structures" after"The uses" so that this sentence reads: "The uses and structures permitted in Planned Development Zone No. 5 are:" B. In Subsection B, add a new Subsection (4)that reads: "Signs, subject to the provisions in Subsection D below." C. Add the following sentence to the end of Subsection D: "Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Commercial Zones shall apply." Adopted August 7, 2017 21 Section 12. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-8, entitled "Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)," is amended as follows: A. In the first sentence in Subsection B(2), delete the phrase "special approval and", and add the phrase "and structures" after"the uses" so that this sentence reads: "Subject to site plan approval by the Planning Board the following accessory uses and structures are permitted on Parcel 1 and Parcel 2." B. Delete the text in Subsection B(2)(f) and replace it with the following: "Signs, subject to the provisions in Subsection C below." C. Add the following sentence to the end of Subsection C: "Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Multiple Residence Zones shall apply." Section 13. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-9, entitled "Special Land Use District No. 8 (Limited Mixed Use, EcoVillage)," is amended as follows: A. Delete in Subsections D.III(10) and E(8), respectively, the phrase "Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca" and replace it in both subsections with the following: "Signs, which shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Multiple Residence Zones shall apply." B. In the first sentence in Subsection E, add the phrase "and structures" after"uses" so that this sentence reads: "Permitted accessory uses and structures in Special Land Use District No. 8 shall be limited to the following:" Section 14. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-11, entitled "Planned Development Zone No. 10 (Limited Mixed Use, Brookdale Senior Living)," is amended as follows: A. In the title and in the first sentence in Subsection D, add "structures" after"buildings" so that they read: "Permitted accessory buildings, structures and uses. The following accessory buildings, structures or uses are permitted as of right in Planned Development Zone No. 10:" B. Delete Subsection D(3) and replace it with the following: "Signs, which shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Multiple Residence Zones shall apply." Adopted August 7, 2017 22 Section 15. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-12, entitled "Special Land Use District No. 11 (Limited Mixed Use, Cornell Chilled Water Plant)," is amended as follows: A. In the title and first sentence of Subsection C, add the phrase "and structures" after "uses" so that they read: "Accessory uses and structures. Permitted accessory uses and structures shall include the following:" B. Delete Subsection C(7) and replace it with the following: "Signs associated with the above uses, which shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Commercial and Industrial Zones shall apply." Section 16. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-13, entitled "Planned Development Zone No. 12(South Hill Business Campus),"is amended as follows: A. In the first sentence of Subsection E, add the phrase "and structures" after "uses" so that it reads: "The following accessory uses and structures are permitted in Planned Development Zone No. 12:" B. Delete Subsection E(3) and replace it with the following: "Signs, which shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Office Park Commercial Zones shall apply." Section 17. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-14, entitled "Planned Development Zone No. 13 (Belle Sherman Cottages)," is amended as follows: A. In the title and in the first sentence of Subsection E, add "structures" after "buildings" so that they read: "Permitted accessory buildings, structures and uses. The following accessory buildings, structures or uses are permitted as of right in Planned Development Zone No. 13:" B. Delete Subsection E(3) and replace it with the following: "Signs, which shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Residential Zones shall apply." Section 18. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-15, entitled "Planned Development Zone No. 14 (Limited Mixed Use, Ithaca Beer Company)," is amended as follows: Adopted August 7, 2017 23 A. In the title and in the first sentence of Subsection E, add "structures" after "buildings" so that they read: "Permitted accessory buildings, structures and uses. The following accessory buildings, structures or uses are permitted as of right in Planned Development Zone No. 14:" B. Delete in Subsection E(4)(i)the phrase "Chapter 221, Signs, of the Town of Ithaca Code" and replace it with the phrase "Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs." Section 19. This local law shall apply to all violations committed on or after the effective date of this law. Violations committed before the effective date of this law that are being prosecuted in a court proceeding as of the effective date shall be governed by the provisions of Chapter 221, Signs, that were in effect immediately prior to the effective date. Section 20. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 21. This local law shall take effect immediately upon its tiling with the New York Secretary of State. Adopted August 7, 2017 24