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HomeMy WebLinkAboutH - 02a County Review - Town's Zoning Text Amendment - SignsON THE MOTION OF: Paul Slowev RESOLUTION N0.21-29 Beau Harbin Town of Cortlandville Zoning Text Amendment Article XVIL Signs WHEREAS, on July 27, 2021 the Town of Cortlandville pm•suant to General Municipal Law 239 M submitted an application for approval of zoning text amendment to make revisions to the portions of the Code of the Town of Cortlandville that govern signs because it affects property throughout the Town of Cortlandville, AND WHEREAS, the Cortland County Planning Board has received this request and submitted a written report dated August 13, 2021, which is on file, AND WHEREAS, the Cortland County Planning Board on August 18, 2021 held a regular meeting with a quorum and did consider this request, AND WHEREAS, the Cortland County Planning Board did thoroughly consider the material submitted by the Town of Cortlandville, all relevant reports on file, NOW THEREFORE BE IT RESOLVED, that the Board sends back the application so that the Town of Cortlandville may clarify certain texts within the amendment, provide further context, and remove obscurity, AND BE IT FURTHER RESOLVED, that the Planning Department is hereby authorized to convey this action to the Town of Cortlandville. Wendy dler, Secretary Cortland County Planning Board August 18, 2021 Ayes: 8 Nays: 0 August 13, 2021 Town of Cortlandvine Zoning Text Amendment TO: Cortland County Planning Board FROM: Cortland County Planning Department This application for a zoning text amendment and amendment is being referred to the Cortland County Planning Board pursuant to General Municipal Law 239-M because it impacts property throughout the Town of Cortlandville. GENERAL INFORMATION Date Received: July 27, 2021 Applicant: Town of Corllandville 3577 Terrace Rd Cortland, NY 13045 Requested Action: zoning text amendment to make revisions to the portions of the code that govern signs Existing Regulations: Code of the Town of Cortlandville ANALYSIS: The Town of Cortlandvitle is seeking a zoning text amendment to make revisions to portions of their code that govern signs. Most specifically the Town is proposing to amend regulations of temporary and advertisement signs; both of which have been clearly defined in the text amendment. Signs that are animated, portable, made of a material not purposed to be a sign, and which `move or flutter' will be prohibited under this amendment. The specific text from this proposed amendment can be found on the attached document. The proposed zoning text amendment is considered a Type I Action under SEQR as it would change the allowable uses in a zoning district affecting more than 25 acres. The Town should therefore complete a Full Environmental Assessment Form to determine if this proposal would result in any significant adverse environmental impacts. RECOMMENDATION: The staff recommends approval of this application for a zoning text amendment contingent upon compliance with SEQR requirements. Chapter 178. Zoning ***Add these definitions to Article I Title; Definitions*** §178-2. Definitions and word usage Temporary Sign Anon -permanent sign designed to advertise an event (nonprofit or for profit) for a limited amount of time. These include portable signs, signs placed in or on the ground advertising sale, rental or lease of a property upon which the sign is located, announcement of any current or upcoming event i.e.: local fair, carnival, BBQ, garage/yard sale, announcement of candidacy relating to a current election of a person to public office, or relating to a current political party, or relating to a current matter to be voted on at an election called by a public body. These signs could include time, place, year. In Business Districts, businesses advertising for hiring of a position and businesses advertising a sale of product or services. Advertising Sign A sign that directs attention to a business, industry, profession, commodity or service not necessarily sold or offered upon the same premises as the location of the sign. This shall include poster panels. Such signs may either be ground signs or wall signs. Article XVII. Signs §178-110. Statement of intent The purpose of this article is to provide regulations governing erection of signs in various districts within the Town of CortlandvilleI 178-111 Sign restrictions A. No sign in any district may extend over a sidewalk or other public way, or interfere with safe visibility for pedestrians or vehicles. B. No sign in any district shall be located nearer than 15 feet to a street line or lot line, as measured from the sign's nearest edge. C. No sign shall be erected within the view of the edge of the right-of-way of any Interstate System Highway at a distance greater than 660 feet from the edge of the said right -of --way. Interstate system highways are to be designed in accordance with the national standards for regulation by states of advertising signs and devices adjacent to the National System of Interstate and Defense Highways as promulgated by the United States Secretary of Commerce. D. Signs shall be regarded as structures within the meaning of this chapter, except that no permit is required for signs meeting requirements of §178112A. E. Advertising display upon any structure shall be regulated as a sign subject to this chapter. P. No sign attached to a building in any district shall project above the height of the wall of the building upon which it is attached. G. Advertising letters or symbols on opposite sides of a material or structure two feet thick or less shall be considered one sign. H. No illuminated sign shall be erected or used so that its light will directly reflect toward residence on adjoining lots or towards residential districts within 1,000 feet or toward public highways so as to create a traffic hazard. 1. If a sign is irregular in shape or consists of independent, detached letters or symbols, the area of sign shall be determined by measuring the area within a polygon completely enclosing the sign or such independent letters or symbols. J. All signs shall be properly painted and maintained in structure, mechanical operation and appearance. If such maintenance or painting is not provided by the owner within six months of written notice, the Town Board may order removal of the sign by the owner. K. Animated signs are prohibited. L. No signs are permitted which move, flutter, or move in any way, whether by natural, electrical or mechanical means, including banners, flags, propellers and other similar devices. M. No signs are permitted on utility poles or trees with exception for signs that address public safety. N. Portable signs, including any sign displayed on or painted on vehicles or trailers used primarily for the purpose of attracting attention, advertising goods, service and/or products are not permitted. 0. Advertising signs which are of&premises in Business and Industrial Districts shall not exceed 32 square feet. P. Temporary Signs shall be erected no more than 60 days in a one year period. Signs must be removed no more than 7 days after the completion of the event. Q. Signs must be maintained in good condition and to be of material which is For the purpose of a sign or similar material, R. The Town of Cortlandville reserves the right to remove any sign which does not comply with the time frames listed in this section and/or section 178-112. § 178-112. Permitted signs. A. No permit shall be required for the following temporary signs: (1) Signs required by law and official signs required by government agency. (2) Temporary, non -illuminated signs for construction: one in number, not to exceed 32 square feet, announcing the purpose of construction; detour and traffic signs. Must be removed no more than 5 days after completion of work. (3) Non illuminated temporary signs, not more than six square feet, maximum of five in total, at any given time in Residential 114, R-2, R-3 districts, other than corner lots which can duplicate for each street facing side. (4) Non illuminated temporary signs, not more than 32 square feet, maximum of one sign at any given time in Business, Industrial and Agriculture, other than corner lots which can duplicate for each street facing side. (5) Signs less than two square feet announcing the name of the owner of a parcel. (6) All signs in this section must meet the requirements of §178-111 B. Requiring building permit. (1) All uses permitted by this chapter are allowed signs if meeting the Requirements of Table 1 and section 178411. (2) Illuminated Signs (a)Allowed on properties which are classified as: [1] Business use for freestanding signs. [2] Professional offices. [3] Recreational and social activities, **other than in Residential Aistricts. [4j Religious institutions. (3) Advertising signs in Business and Industrial Districts which are off -premises (a) Ground signs shall not exceed eight feet in height above existing terrain. Only one ground sign is permitted for each lot having frontage on a public street right -of --way. For large lots having an excess of 300 feet of frontage, an additional ground sign may be erected for each 300 feet of frontage. For corner lots fronting on more than one public street right-of-way, each frontage shall be considered to constitute a separate lot. (b) Wall sign size shall not exceed 25 % of the wall area or 75 square feet, which ever is smaller. Advertising wall signs shall not extend over the roofline, nor may they be sloping roof signs. (4) Signs intentional of supporting an upcoming election or any other event using "vote", "year", "time", "place" or other like words, must comply to section 178412 (a) Signs must be in good condition, attractive, material which is for the purpose of a sign or material similar. (b) Such signs must not be of vulgar, threatening, or use hateful language. (c) No more than five signs, no greater than six square feet each allowed per parcel at any given time. (d) Number of signs is in conjunction with section 178-112 total of five signs at any given time. (e) No allowable time is proscribed Table 1 Permitted Sign Requirements Ground Mounted Zoning Maximum District Ilse Maximum Size Number Remarks All Single family 6 sq. ft. 1 Ground or wall mounted Non -illuminated j 1-2, B, I Multifamily 32 sq. ft. see note 1 Ground or wall mounted Non•illuminated i All Customary home occupations 4 sq. ft 1 Only name of occupant and type of business Wall or ground mounted. Non illuminated B, I Business. Mercantile, 2 sq. ft, per linear N/A Wall mounted Assembly, etc. in foot per store frontage. Non -flashing Shopping Mall Ctr Height, size and type to be of uniform within ctr. 75 sq, ft, in total see note 1. Ground mounted for all signs within. Non -flashing B, I Business, Mercantile, 2 sq. ft. per linear N/A Wall mounted Assembly, etc, not I per linear foot. Non -flashing Shopping Mall Ctr. 50 sq. ft, see note 1. Ground mounted Non -flashing Motels, Hotels 2 sq. ft, per linear foot N/A Wall mounted Non -flashing 36 sq. ft. Ground Mounted Industrial Uses 15% of building wall Wall mounted facing road, less than Non -flashing 325 sqj ft. total. 50 sqv ft4 see note 1. Ground mounted Non -flashing AG, B-211 Agriculture related uses 2 sq* ft, per linear foot 2 Wall mounted 16 sq. ft. Ground mounted Non -flashing AG, R-11 Educational facilities 2 sq. ft. per N/A Wall mounted 11-21 134 linear foot non -flashing 40 sq. ft see note 1 Ground mounted Non -flashing All Religious Institutions All Health-related facilities All Transportation facilities NOTES: 2 sq it per linear It N/A Wall mounted 20 sq. ft see note 1. Ground mounted Non -flashing 2 sq ft. per linear ft N/A Wal mounted 40 sq. ft. see note 1. Ground mounted Non -flashing 2 sq, ft, per linear fC N/A Wall mounted 40 sq, ft see note 1. Ground mounted Non -flashing (1) 1 ground sign per lot of 100 square feek is allowed. (2) The maximum height permitted is: a. Ground mounted sign: eight (8) feet b. Building-mounted-roofline; not above height of the wall of the building upon which it is attached. c. Table must comply with Section 178411 Prepared byes �f Alex M. Schultz Planner Reviewed/revised by: Trisha Jesset, P.E. Director of Planning 2