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HomeMy WebLinkAbout1980 LL 06 - Regulating Signs 3.R (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. of...................:......Ithaca Town ............................................................................................... LocalLaw No.....................6..................................of the year 19 _$d.... A local law....REGULATING SIGNS IN THE TOWN OF ITHACA, NEW YORK ..........................................�N ........... itle}............................................................................................... fts Be it enacted her the Town Board of the (Nneae d Legi�etatito Bo�Tj c Townnof.................................................. Itha.........a...._..................................................._.... ......................... as follows: SECTION 1. SCOPE SECTION 2. PROHIBITED SIGNS cECTION 3. EXEMPT SIGNS ECTION 4. REGULATED SIGNS ECTION S. BUSINESS AND INDUSTRIAL DISTRICTS SIGNS "''SECTION 6. SIGN ILLUMINATION SECTION 7. SIGN CONSTRUCTION SECTION S. SIGN REMOVALS AND NON-CONFORMING SIGNS SECTION 9. DESIGN REVIEW SECTION 10. ADMINISTRATION SECTION 11. GLOSSARY SECTION 12. REPEAL. SCOPE 1.01 Title 1.01-1 This law shall be known and cited as the TOWN OF ITHACA SIGN LAW. 1.02 Purpose 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 obstructions and distractions. d. Create a more attractive business climate. e. Conserve the value of buildings and properties. f. Protect and enhance Town appearance. ""(If additional space is needed.please attach sheets of the same size as this and number eacli) Page 1 w 21 1.03 Interpretation 1.03-1 The provisions of this law shall be held to be the minimum re- quirements for the promotion of public welfare and safety. 1.03-2 When this law imposes a greater restriction on the design, construc- tion,: placement and maintenance-of -.signs, or makes--any other greater restriction than is required by any other ordinance, regulation, rule, covenant or agreement, the provisions of this law shall govern, except that in a case of conflict between thislaw and the Town of Ithaca Zoning Ordinance, as amended, the provisions of the latter shall apply, x .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 provision of this law imposes 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) 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 Validity 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. +.05 Effective Date "" ..05-1 This law shall become effective immediately upon adoption by the Town Board. 2. PROHIBITED SIGNS 2,01 All Districts 2.01-1 No off-premise signs shall be allowed. 2.0.1-2 No sign or graphics shall physically or visually impair vehicular or pedestrian traffic, by design, color, lighting, or placement. 2.01-3 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, warning, except when necessary to control traffic - on private roads. ' '.01-4 No sign shall be placed, wholly or in part, on, over, or above any roof, building, marquee, wall, or other structure. No sign shall be placed on any utility pole or tree, except those listed in Section 3.01-1(g) . 2,01-6 No exterior sign, display, or advertising device, or any part thereof, shall be mechanically or electrically operated to produce :notion or the appearance of motion. 2.01-7 Except as otherwise provided herein, no banners, pennants, ribbons, streamers, spinners, 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. Page la. 2.01-8 Phosphorescent, fluorescent, or similar reflective paint or material shall not be used on exterior signs, except those listed in Section 3.01-1 (a) , (b) , and (c) . 2.01-9 Prohibited sign illumination sources shall be as listed in Section 6.01, 2.02 Residential and/or Agricultural Districts "?.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 3.02-1 (b) . c. Window signs except temporary signs such as pick-up and delivery notices, political posters, or similar signs. d. Signs on awnings or canopies. 3. EXEMPT SIGNS 3.01 All Districts 3.01-1 Exempt permanent signs. The following signs, not self-illuminated except as otherwise provided herein, may be placed in any district without a permit: a. Street identification, traffic and other governmental sign's and control devices required 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 incombustible material, not to exceed 36 square feet. f. Signs and markers in cemeteries designating graves and memorials. g. "Pasted" or "No Trespassing" signs. h. 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. i. Farm names painted or mounted on a permanent building. j. Breed identification, not to exceed 6 square feet. k. Equipment identification, limited to manufacturers' standard. 1. Historical markers. M. Hospital identification signs, which may be self-illuminated. n. Governmental agency and public building identification. o. Signs or notices erected by a public utility necessary for the direction, information, or safety of the public. 3.01-2 Exempt temporary signs. The following signs, not illumunated 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. 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. d. One sign, not to exceed 24 square feet, listing the architect, engineer, contractor and/or owner, on premises where con- struction, renovation, or repair is in progress. e. Political posters, not-for-profit promitional, private sales, or similar signs, providing: 1. Placement shall not exceed 30' days, and a period of 11 months shall elapse between the last day of one Page lb period of showing and the first day of the next. 2. Consent of the property owner is obtained. 3. The name and address of the sponsor and of the person responsible for removal is identified. 4. Area shall not exceed 6 square feet. f. Crop identification, limited to 4 square feet. g. Portable public information signs as approved by the Enforcement Official. '3.01-3 Flags, emblems, or insignia of a nation, government, or school, may be displayed in any district without a permit, except in w connection with commercial purposes. 3,01-4 Holiday decorations, including lighting, 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. C. Signs as needed to identify the buildings or activities of colleges and universities, not to exceed 24 square feet. d. One wall sign as needed to identify the buildings or activities of houses. of worship, libraries, museums, nursing homes, or similar institutions; and one free-standing sign, on .premises, not to exceed 24 square feet nor be greater than 6 feet in height. e. Neighborhood identification signs, not to exceed 8 square feet. '3.02-2 Freestanding signs in Residential Districts and/or Agricultural. Districts shall be located as specified in Section 4.01-3. 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. c. Window graphics, signs and displays as specified in Section 5.05. d. Temporary signs or window signs announcing the opening or closing of a business, sales, and price listings, not to exceed 30% of total display window area. e. At gasoline stations: 1. Integral graphics or attached price signs on gasoline pumps 2. One portable sign. 4. REGULATED SIGNS 4.01 Residential and/or Agricultural Districts 4.01-1 The following wall or freestanding signs, on premises, not self- illuminated, may be placed in Residential 'Districts and/or Agricultural Districts on issuance of permit: Page le a. One wall or freestanding sign, not exceeding 4 square feet in area, identifying a principal permitted enterprise or use other than residential. 4.01-2 One wall or freestanding sign, not exceeding 24 square feet in area, identifying a multiple residence. 4.01-3 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 the edge of the pavement, nor closer than 15 feet from a side lot line; the maximum height of sign and support shall be 6 feet. .02 Business and Industrial Districts 4.02-1 Business and Industrial Districts regulated signs shall meet the requirements of Section 5. 4.02-2 The following signs may be placed in Business and Industrial Districts on issuance of 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 on each building or store frontage, and either one projecting sign on each building or store frontage or 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 enterprises. If such multi-use facility has entrances for vehicular traffic on more than one street, two freestanding signs are permitted. 3. Marquee signs in lieu of 1 above. 4. Awning signs. 5. BUSINESS AND INDUSTRIAL DISTRICTS SIGNS 5.01 Wall Signs 5.01-1 The maximum area of wall sign graphics shall be: for each linear 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. -.01-4 Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of 7 feet 6 inches. •.02 Projecting 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 projecting sign shall extend into vehicular traffic areas, Page Id u , IM r 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. Q, 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 than 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. 5.04 Marquee and Awning Signs 5.04-1 No sign shall project or be suspended from a marquee, canopy or awning. .04-2 Marquee and canopy signs shall be completely within the outer edges of such marquee or canopy. 5.04-3 Copy change marquee signs shall be permitted on theatres only. 5.04-4 For each lineal foot of marquee perimeter the maximum area of graphics shall be as specified for wall signs in Section 5.01-1. 5.04-5 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 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 2 lines, identifying professional or business offices. .5.05-2 There shall be no more than 1 permanent window sign per window and a maximum of 2 per enterprise. .05-3 The area of permanent window signs shall not exceed 25 per cent w.., 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 3'square feet in area. 5.05-5, Exposed luminous tubing or similar window signs shall consist of one row only, the lettering not to exceed 6 inches in height and three-quarters the window width. Page le 7. 6. SIGN ILLUMINATION 6.01 Prohibited Sources 6.01-1 No illumination which will cause glare or reflection constituting a nuisance or a traffic hazard shall be directed upon a sidewalk, street, or public place, or upon adjacent premises. 6.01-2 No sign, display or advertising device shall be illuminated by or contain flashing, intermittent, rotating, or moving lights. x.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 lights 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 3.01-4. 6.01-5 Gas or other flame illumination 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. 6.02-3Self-illuminated copy-change theatre signs are permitted in Business Districts. .02-4 Self-illuminated 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 footcandles above ambient illumination at a distance of 4 feet on a level with the sign. 6.0.4 Color 6.04-1' In Residential Districts and/or Agricultural Districts illumination shall be white or amber. 7. SIGN CONSTRUCTION .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 Build- ing 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. 'Page If 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. SIGN REMOVALS AND NON-CONFORMING SIGNS " x,01 Off-Premises Signs .01-1 All off-premises signs 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. 8.02 Disused Signs 8.02-1 A sign, and any suports 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 there of 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. 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 notification, 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 Officer 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 the wall. shall be restored to an appearance substantially equivalent to the remaining portion of the facade. 8.05 Non-Conforming Signs 0,05-1 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 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 adoption of this law may be continued even though such sign does not conform to the provisions herein. 8,05-3 A non-conforming 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. sub- Page lg stantial repair as shall be determined by the Enforcement Official, the sign shall be made to come into conformance 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 - con- forming sign has been maintained for a period of more than 6 months (180 days) , 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. s.05-5 Temporary removal of a non-conforming sign for painting or other normal maintenance shall be limited to a period of thirty days. 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. 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 applicant 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 building 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 character with the community. Page lh 10. ADMINISTRATION 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 nec- essary inspections. 10.01-2 No Sign Permit shall be approved 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. _.0.01-3 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. 10.02-2 No permit is required for the following: a. - Exempt signs b. A permitted sign to be repainted or repaired in 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 Application shall have attached thereto the following information and material: a. Application fee of Five Dollars ($5.00) , and in addition thereto the sum of One Dollar ($1.00) for each square foot of area of each sign. 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 structure on which it is located and/or in relation to nearby buildings, structures, street lines and property lines. d. Such other information as the Enforcement Official may reasonably require to determine full compliance with this and other laws and regulations. 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. - 10.024 If a sign authorized by a permit is not completed and in place within 6 months, said permit shall become null and void. 10.02-7 Design, construction, and placement of a sign shall not deviate from the plans approved for issuance of permit. X0.02-5 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: Page li { � k 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 Board of Appeals. 10.03-3 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. 0.03-4 Any persons aggrieved by a decision of the Zoning Board of Appeals may have the decision reviewed by the Supreme Court of the State of New York in the manner provided by law. 10.04 Violations and Penalties 10.04-1 In the event 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. ,0.04-3 ' Each day that such violation is permitted to exist shall con- stitute 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 prescribedtime, 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. 11. GLOSSARY 11.01 Terminology 1.1.01-1 For the purposes of this law certain words and terms shall have the meanings given in this Section. Page lj 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 established 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. 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 institution, with graphics that are purely decorative or that identify, advertise and/or convey commercial information. BOARD OF APPEALS: The Zoning Board of Appeals as established in accordance with the provisions of Town Law. BUILDING: A structure affixed to a permanent foundation. 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. BUSINESS DISTRICT: A business land use area classification as established by or pursuant to the Town of Ithaca Zoning Ordinance, as amended. C 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 building or structure. FREESTANDING SIGN AREA: The area of the smallest rectangle circumscribing one face of the sign panel or sign symbol or of 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. Page lk x^ 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 HISTORICAL 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. INDIRECTLY ILLUMINATED SIGN: A sign illuminated by reflection from a light source not directly visible, INDUSTRIAL DISTRICT: A 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 free- standing supports, or both. MULTI-USE FACILITY: A shopping center or similar facility where two or more enterprises are operated on any one parcel or con- tiguous 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, PORTABLE SIGN: A sign not fastened to a building or structure, or to the ground or pavement, readily movable from one location to another. 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 circum- scribing one face of the sign panel or sign symbol or of grouped Page 11 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, whether publicly or privately owned. R RESIDENTIAL 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 restrictions by the government with jurisdiction, whether or not said government has control of the land by owner- ship or easement. ROOF SIGN: A sign placed above the upper edge of a building, wall, or parapet, 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 graphics displayed on a translucent face, or individual letters or symbols with a translucent face,. and with translucent or opaque edges. SIGN: A devise for visual communication publicly displayed to identify, advertise, arid/or convey information. SIGN AREA: See Freestanding Sign Area, Projecting Sign Area, Wall Sign Area. 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 of the sign panel. SIGN SYMBOL: A sign whose shape represents an object, or a customary identifying device such as a barber pole. STORAGE FRONTAGE: That part of a building 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 public place. 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 difficulty 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. Page lm WALL SIGN AREA: The sum of the areas of the graphics, measured as the sum of the areas of the smallest rectangles 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 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 4 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. REPEAL 12.01 Local Law number 1 of 1972, entitled the "Sign Law of the Town of Ithaca" adopted by the Town of Ithaca on May 8, 1972, is hereby, repealed. Page In