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HomeMy WebLinkAbout1972 LL 1 - Sign Law '1972 L(XAL lAW NO. I A local law establishing a sign law in the Town of Ithaca BE 'IT ENACTED by the Town Board of the Town. of Ithaca as follows: Section 1 Short Title. This local., low shall hereafter '__.�=A_ be known and cited, as the "Sip n Law of the Town of Ithace". Section 2. Purp2sel. The purpose of this local law Is to prc)mot—ii—p3i7d"75 —oteF,-t'"-the public health, welfare and safety by regulating existing and proposed outdoor advertising, out- door advertising _s-Igns and outdoor signs of' all types. It is intended to enhanre,,ahli"protect the physical appearance of the community, and. to preserve the zento and natural beauty of areas in the Town and provide a more enjoyable and pleasing community and to protect property values and to maintain a favorable economic and business clime-be consistent with the to.Pography and the present use and. development of lEuids in the Town and the needs of the Town. It is further Intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way end 'blocking views. This local. law recognizes the oblig- ation of the Town for its people, to protect and. preserve the 6ommunity's environment and to provide open space and -to curb the deterioration of the Town's natural beauty. M ptl qn_J. Definitions. As used in this local law unless otherwise expressly stated* (a) "Sign" shall mean any material, structure or device, or part thereof, composed of lettered or pictorial matter, or upon which lettered or pletorial matter is placed. when used or located out of doors or on the exterior of any building, includ- ing wind.ow display area; for display of an advertisement, announce- ment, notice, directional matter or name, and includes sign frames, billboards, sign boards, pole or pylon signs, ground. signs, hanginpnad signs, pennants, signs, projecting signs, Illumite and fluttering devices, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or busines's when the same Is placed, In view of the general public. (b) "Erect" shall mean to 'build, construct, alter, repair, display, relocate, attach, hang, place, suspend., affix, or maintain any sign, and shall also include the painting of' exterior, wall signs. (c) The "facell of as building shall mean any outer surface of a building, (d) The "front" of as building shall mean that face which contains the main entrance. If there Is more than one entrance, only one face shall be deemed to be the front. (e) "Illuminated sign" shall. mean any sign illuminated by phosphorescent light originating from outside the body of' the sign or from within or behind it. M "Lighting device" shall mean any light, string of' lights, or group of lights visible from any public street or located so as to cause illumination on a sign. (g) "Projecting sign" shall. mean any sign which projects from the exterior of any building. (h) "Accessory sign" or "on premises sign" shall mean any sign related to an activity, business or profession conducted, or to a commodity or sex-vice sold or offered upon the prelilses where such sign Is located. (i) "Non-accessory sign" or "off premises sign" or "billboard" shall mean any sign related to any activity, business or profession conducted, and/or to a commodity or service sold or offered upon premises other than where such sign Is located. (J) "Person" shall mean any person, firm, partner.9hip, association, corporation, company, institution, or orgpatzation of any kind. (k) "Zoning Officer" shall mean the offical designated. by the to board of the Town of' Ithaca to administer the provisions of' this local law. (1) "Sign area" shall. mean the surface area of the sign including the from, plate or structure used to hold up any lettering or pictorial matter. In the event a sign Is attached, painted or applied to the front or face of a building or is irregular In shape the area of the sig,.,n sball be taken as -the area of the smallest rectangle that can be placed over the entire sign, including its lettering, devices, frame and decorative moldings along Its edges, and background, If of a different color than the predominant color surroundJmg the sign except as otherwise orovided herein. In the event thet 'both upper case and lower case letters are used in a lettered well. sign, the area shall be defined by the smallest rectangles that can be placed over the entire series of lower case letters plus the area of the smallest rectangles that can 'be placed. over the upper case letters. In the event that a letter or letters or other pictorial matter are placed as separate units on background boards the sign area shall be calaulated as the sum of -the areas of the background boards. In the case of a flat or two-sided free standing sign, the sign area. Is considered, to be the entire surface area of' one face of the sign. The sign area of signs having more than two sides is the sum of the surface area of all. sides. W "Free standing signal" shall mean any sign or sign structure not attached, to the exterior of a building. (n) "Shopping center" or ""multi.-use commercial. facility" shall mean any group of two or more stores for which there Is provided off'-street paz,,king. ,tLe_ot i 2a_�L. Exception. For the purposes of' this ].coal law, the term "sign" does not Include signs erected and maintained by any governmental agency pursuant to and in discharge of any governmental function, or required by law, ordinance or govern- mentel, regulation, nor does It Include flags, emblems, or symbols of a nation, governmental body, or school, nor memorial tablets or historical markers erected by, any governmental agency. �Ieqt,ion Ceneral r.z-- SLU.1- ulntI E . 'rhe prohlbitio'ns contained in this section shall apply to all signs constructed and maintainv.5 In the town of Ithaca, exclusive c)f the Incorpor- ated Village of Cayuga Heiplits. (a) Any illuminated sign or lighting device shall employ only lights emitting a light of constant Intensity, and no s:i p-n. shall be illuminated by or containfleshing, intermittent, rotating or moving light, or lights except ss provided In Section 6 (2).-c. in no event shall an illuminated sign or lighting device be so placed or directed so as to perm.l,t the beams and illumination therefrom to be directed or beamed upon a ptablic street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance. 1972 - 1,ocal Lew No. 1. (continued) (b) No part of a, sign shall project more than 2 feet .from the front or face of a bulldinF (ca) No s Ign grs shall be placed on the roof' of' any building (d.) No portable or temporary, sign shall be placed out- side or on. the front or free of any building except as provided. in Section 6 heretn. (e) No sign or 'part thereof shal'.L contain or consist of banners, posters, ribbons, streamers, spinners, or other similar moving, fluttering or revolving devices. The said devices, as well. as strings or lights, shall, not be used for advertising or attracting attention or for any other purpose. (f) Only "on Premises signs" or "accessory signs" as provided in this law are permitted; no "billboards", llrlon- accessory signs" or "off premises signe" are permitted in array' area of the Town of Ithaca. Section 6. Permittlei Sj in all. districts. (1) The , Enf—L- _-­--- sip'ns may be erected in any area of the Town of Ithaca followiii,_F without a oermit: (a) Sij,-,xis advertising the sale, lease or rental of the premises upon which the sign is located., which sign shall not exceed. 6 square feet In area. (b) Professional name plates that shall not exceed. 1 square foot ir. area. (c) Signs denoting the name and address of' the occupants g of premises occupied for residential purposes which signs shall not exceed 2 square feet In area. (d) Directional (entrance/exit) signs on premises, each rot to exceed 2 square feet in area and which shall not Include any trademarks or names of businesses conducted or products sold. (e) A sign or notice, having an area od 20 squar-e feet or less, erected by a public utility necessary for the dlrectton, Information or safety of the 'public. (2) The following signs are permitted In any area of -the Town of Ithaca but they shall not be erected. or maintained without a. permit as provided herein: (a) Signs or bulletin 'boards customarily incident to places of worship, libraries, museums, social clubs or societies, which signs or bulletin boards shell not exceed 25 squere feet In area and shall be loceted on the Dremises of such Institutions. (b) Signs advertising, reel estate develeopments or- sub ­ divisions, during the period of deivtlopment not to exceed 1. year from the date of permit are permitted in a district zoned resident- i9l. These s1p.ms shall not exceed 50 square feet in area anti shall. advertise only the name of the architect, contractor, owner, or developer and such slprs shall not be illuminated In any manner or exceed two in number. The permit may, be renewed, for, two additional perlods of one year each for good cause shown. (c) Signs of a temporary nature listing the architect, engineer, contractor or owner may be placed an premises where construction, repair or renovation Is in progress, which sign't shall not exceed 50 square feet An area. Such siFns shall. be removed lmmediateiy upon completion of the proaect or after a period of' three years from the date of the permit, whichever, comes first, f�'P a ,. _gbusiness industrial districts. In districts zoned business or Industrial by the Town of Ithaca Zoning Ordinance, no signs shall. be erected or maintained except as follows, (a) One or more sign or sir ns may be attached, painted on or applied to the front or face of each building. The sign area of such sign, or, If' more than one is erected, the sum total of the sign area of' all such signs, in k;he ag..regate, ,g shall not exceed one square foot per lineal foot of the build- Ing frontage occupied by each business® In no case sha'.11. the sum of the total sign area of any one sign, or, if more then one sign, the total. sign area of all siFyis erected. or main- tained on any bull.dine, exceed 250 square feet. No sign shall extend, above the roof line of the building to which It is attached. (b) 1. On, each parcel of land on whicti a business Is located, one free standing sign shall be permitted, except that if a business has entrances far vehicular traffic on more than one street, two free standinf.,, signs are permitted. Such sign shall not have a sign area greater than 100 square feet, nor shall. the s1pn, including any frame or structure, extend more than 24 feet in height above tround level. If ct second sign, 16 permitted, the sum of the sign area of both signs, when added together, shall not exceed 100 square feet, except as permitted In paragraph. "3" below. 2. if there are more than two 'businesses operated on any one parcel or contipucus parcels, which parcel or parcels are under the ownership, operation, management or control of the same person, persons, firms or corporation, or, in the case of a shopping center or other multi-use facility, the maximum number of free standing signs permitted for the parcel, parcels, development, or shopring center as a whole, shall, be two regardless of the rumber of separate businesses operated. there- on. 3. In the case of a shopping center or other multi- use facility, the total sigm area for open of the two free standing, siFns permitted shall not exceed 100 square feet. 4. Not more than one free standing sign shall be permitted on any parcel of land used as a p gasoline service station, the total sign area of which shall, not exceed 1,00 square feet, and the maximum height of which shall be 24 feet above ground level, Including any framing or structure. �L _t�l j.,Rn_8. or :r All rigns of temporary nature such as political or civic Posters, and other signs of a similar nature may be erected without a permit for a period not to exceed thirty days Provided that the written consent of the property owner is obtained and that such signs are not attached to fences, trees, utility poles or the like and further provided. that such signs are not placed In a position :that will. obstruct or Impair vision or traffic or In any manner create a hazard or disturbance 'to the health and welfare of the �eneral public. Such signs shall not be erected within the right of way of any street or highway. Upon the expiration of said thirty- day period, such sign shall be removed by the person, persons, firm or corporaticyn who, or at whose request and direction, caused - "' the same to be erected. Ste I!on _,n., Every sip except those permitted pursuant to Section Z (d), shall. be set back at least 2.,5 feet from any side boundary line and at least 15 feet from any street or highway right of way line unless it is attached to a building used and occupied on the effective date of this law. All such signs shall face towards a street or highway. However, the Town Board, in Industrial and business districts, may require that signs shall be set back a greater distance than set forth in. this section. 19'2 - Loopl Law No. 1 (continued) Section 101, Permit. No person sha]1 erect any sign. without T!'i;s—i'­ohia In,Ing a permit from the Zoning Officer, except In 'those cases where this local law specifically permits the erection of a sign without as permit. Section 11. LpElggLtion. for Permit. Application for the permit shall be made In writing In duplicate, upon forms prescribed and provided by the Zoning Officer, to the Zoning Officer, and shall contain the following.. Information: (a) Name, address and te.lephone number of both the applicant and. the owner of the property on which the sign Is 'to be located.. (b) Location of the 'building, structure or land to which or upon which the sign Is to be attached or erected. (c) A detailed to scale drawing, or blueprint showing, a description, of the construction details of the sign and showing all the letterinp and/or pictorial matter composing the sign; position of lighting or other extraneous devices; a location plan showing the position of the sign or any building or, lend., and its position In relation to nearby buildings or, structures and to any private or public street or highway. (d) Written consent of the owner of' the building, structure or lend to which the sign Is to be erected, In the event the applicant Is not the owner thereof. (e) A copy of any required or necessary electrical permit Issued for said, sign or a copy of the app'licatlon these- f or. (f) Such application. shall also contain such additional Information as the Zoning Officer may reasonably require In order to carry out the Intent of this Section. (g) The applicant shall prepare and submit a notice of public hearing to consider the application, If required 'by any Board. Section 12. Fees, 'The following fees shall be paid 'upon thc:7srTuTiriF,—e—oaf TRT-p'ermit: (a) Application fee of" f:lve dollars ( '5.00) and In addition. thereto the sum of one do'llar (41.00) for each square foot of area of eacti sign. (b) The applicant shall pay the cost of prInting in the Town newspaper the notice of any public hearing which may 'be ordered under this local law. The sum of twenty-five dollars ($25.00) shall be deposited with the Town Clerk to defray the cost of each publication. of any such notice, and the applicant shall pay the amaunt by which the cost of print- Ing such notice exceeds sueh deposit or the applicant, shall be reimbursed by such amount as the deposit exceeds the cost of printing sucti notice. No public hearing shall be held and no permit shall be issued unless such costs have been., paid. (c) Notwithstanding the provisions of sub-section (a) no fee for any one sign shall. exceed the sum of fifty dollars ($50.00), exclusive of any fees for publication of any notice of public hearing. Q.112n 1� e. (a) It sha.1.1 be tbe duty of' the Zoning Officer upon the filing,• of an application for a permit to erect a sign, to examine such p.1ans, and, If necessary, the building or prc-,�mlses upon which it Is proposed to erect the sign or other advertisirW structure. (b) The Zoning Officer shall refer all applications to the planning Board, for any sign that exceeds 35 square feet in sign area or for any sign which Is to be erected In any business or Industrial distrIct. Sucti applications must either be approved, , modlfied,or disapproved by resolution. of the planning Board within 60 days from the date ft application is filed with 'the Zoning Officer. Before adopting any such resolution, the Planning, Board may, but sha,11. not be required to, hold a public hearing on at least 5 days' notice published In a newspaper of general circulation In. the Town of' Ithaca. (c) In those cases where an application concerns a sip-Ti to be erected or maintained in a business district or Industrial. district, the Planning Eoard shall forward its recommendations of approval, or approval with modifications, or disapprovals, to the Town Board. The Town Board shall make a determination, either approvinF or denying the application, or It may ad�ourn the determination for a period not In excess of 60 day's in orde:r to Inspect the premises or obtain additional information froni the applicant, or it may send the application back to the Planning, Board for further consideration, and, In such case, the Planning Board shall further, consider the matter and forward its recommendation to the Town Board within 30 days. The Town Board shall for-ward its approval, with any recommend- ations or ronditions, to the Zoning Officer who shall Issue a permV',' in: accordance with the Town Board's df' determination. I the application Is denied by the Town Board, the Zoning Officer shall immediately notify the applicPnt of the action of the Town Board.. (d) In all cases other then, those provided for In sub-division (b) above, the Planning Board shall forward. its recommends-tion to the Zonlnf_-,r Officer who shall either iisslae a permit in accordance with such recommendation or shall., deny the applicatipawith a brief statement of the reason for the denial. (e) Whenever the Zoning Officer is authorized to Issue a pel Mit, without the authorization of the Town Board., or the recommendation of the P]anning Board, and the proposed sign, is In comoliance with ell the requirements of this low and other laws end the ordinpnces of' 'the Town of Ithaca, he shall issue such permit within 10 days of the application. If' the author- ization of the Town Board or recommendation. of the Planning Board 'is required, he shall issue such permit within 10 days of' 'the date such authorization or recommendation are made. If' the sign atathorized under any such. permit has not been Completed within six months from the date of the Issuance of such permit, the permit shall become null end. void, but may be renewed, within 15 days from the expiration thereof, for good cause shown, upon payment of' on. additional fee of fifty dollars (f) In consideribg an application. for approval, of a sign in a business or industrial district, the Town Board may require that a sign and, any su;aportlng structure shall be of a size and dimentions less than the Maximum permitted. by the provisions of this law. (g) in making., any determination or decision with respect to any proposed. sign, any Town Officer or any Board having Jurisdiction shall, be pulded by the general purpose Of' this law, as stated In Section 2 hereof, and, shall also consider 'the following. (1) The puri.:�ose for which the sign. Is erected and the distance from which the sign is Intcrided to be or can possibly be read and. the character_of a0jacent streets, In all. cases, the smallest sign which will sult the purpose shell. be the Fuide, taking into account the legitimate c.ommercia. 1 or other interests which are Intended to be promoted by the 1972 - Local. Law N0.1 (continued) sign, and. the speed limits and traffic conditions on adjacent streets® (2) The number of letters oia the proposed sign.. A sign with only a few letters need not be as large as one with many letters to be seen from the same distance. (3) Other signs In the vicinity of the proposed. siFn. (4) The character of the neighborhood. The proposed use shall riot be detrimental to the general amenity or neighborhood character so as -to cause a devaluation of neighboring, property or material inconvenience to neighboring Inhabitants or material. Interference with the use and enjoy- ment 'by the inhabitants of the neighboring property. (5) The protection of the public Interest and the desirability of maintaining, open spaces, views and vistas insofar as possible. Secj,j.Rn Revocation of Permit and. Removal, of S iFUs_, (a) Any sign which advertises P business no longer In existence on the premises or which does not have a valid permit shall be removed by the owner of the premises upon which sign is located. (b) No sign, whether new or- existing, shall. hereafter be erected or altered except In conformity with the provisions of this law. However, notwithstanding any provisions contalned herein, the sign must be kept clean, neatly painted. and free from all hazards, including, but not limited to, holes in the sign, faulty wiring, loose fastenings and the sign must other- wise be maintained at all times In Food repair and, shall riot be detrimental. or dangerous to the public health or safety. If the Zoning Officer, Town Highway Superintendent or the Town Supervisor shall find -that any sign violates any of the foregoing provisions or that such sign Is unsafe or Is an actual or Imminent traffic or other hazard or danger to the public, he shall give written notice which shall specify the violations and the terms requiring correction or the removal, of a sIFn, as the case may be. Such notice must be compl led with within a. period of not less than 10 nor more than 30 days, unless a shorter, period Is required under subdivision (d) below. (c) In the event of failure to comply with the require- ments of said notice within the period required herein, the permit for such sign. shall automatically be revoked and such sign, shhll be removed by the owner therof or by the owner of the land on which such sign is errected. W Notwithstanding, anything hereinbefore contained, if the Zoning Officer, Town Highway Superintendent or Town Supervisor, shall determine that any sign Is unsafe or is actual or Imminent traffic or, other hazard or danger to the public, he may require that such sign be either removed or corrected to remove such hazards or dangers within a shorter period than is above provided, but not less thantwo days. If said, sign is not removed or repaired, within the required period, the Zoning Officer may remove said sign and any permit for such si&T shall be revoked or he may repair said sign. All Sao is end expenses incurred In the removal or repair of such sign shall. be collected either from the owner of the land or the owner of the sign in any action at low after a written demand Of at least 5 days served on either owner or such costs and expenses shall be assessed against the owner of the land upon which sign is erected. and shall be pW and collected as part of the Town & County Tax next due arid. payable, but no such amount shall be so assessed and collected tinless a notice In writing of' the amount due has been delivered personally or mailed to •the owner of the land on which the sign is erected prior to the first day of September of the year In which the amount Is first levied and assessed for collection along with the general Town Tax. (e) If It is determined 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 Zoning Officer, and the costs and expenses therefrom shall. be collected or assessed as provided above. .LtctApn _,L5. _LqLj.�LeA.2. Any notice or Written demand required to be served hereunder shall. be delivered either personally or sent 'by mail to the owner of the or the owner of the land upon which the siFn Is erected, or to both, J as 'their neimes and addresses appear in applications for a permit for such sign, or In any other documents on file with the Zoning Officer settinF forth the names and nddresses of the owners of the siFrns, and of the land. upon which such, signs are to be erected. The period stated In any notice or written demand shall commence from the date on which such notice is delivered personally to any sueb owner or, if malled, the date on which such notice is deposited In a duly maintained. post office box or office or brpnch office of the United States Postal Service. Any such notice may be delivcred to any agent or representative of the owner or employee of the owner. Section 16. Non-Conf orTA.LL, S Ansign which d Ms y F— — has been In existence prior to the effective date of this local law and which does not conform with the provisions and standards of this law and any amendments hereto, shall be removed within three years from the effective date hereof', unless within such period such. sign. has been cha_nped. or reprrr1red In a manner which 'will m6et the requlrerre.y,,-sts of' this law, and provided tbat such sign Is not otherwise prohibited by this law. and Addresses of Cyners and !,Pnd.s on. is S ch._EL (a) It shell, be the obligation of any person to whom title to any sft.F,.,n, as herein defined, Including any sign erected prior to the effective date of this "law, and of the person to whom the title to any land upon which such sign Is erected is transferred, to notify in writlnt` the Zoning, Officer giving the -., name and address of si.Acb, new owner and. the location and generel descrApt'.1or of the sign and the address to which any notices may be sent. The Zoning Officer shall keep a record of' the, names anrl addresses of such owners. (b) The owner of any lands or sitz may natify the Zoninp Officer In writing of any change in address to which any note les m,',4y be sent. 18. Advis-QU-Board. It is the intent of this local law that the Planning Board, whenever array matter is referred to It hereunder, shall, act as an advisory board and it shall also advise the Zoning Cfficer with reference 'to desirable and effective use of' sign for the purpose of' enhancing, and maintaining the natural beauty, cultural and aesthetic standards of' the community. .agpj_io iLlReview end A R Any, peroen ag--,sieved _9 by any derlelon of' the, Zoning Of f'I cer relative to the provisions of' this local. law, may appeal such decision to the Zoning Board of Appeals as provided In the Zoning Ordinance of the Town. of' librca and shall also comply with all procedural require- ments prescribed by such Zoning Bo,--)rd of' Appeals; In addition, the provisions of. Avtlele 16 of the Town Law pretainIng to appeals to a Board of Appeals shal.l. apply to the appeal. permitt- ed herein. The foregoiriF _, provision shall apply only, In those 1972 - Local 1.0,w No.1 (continued) Ceases In which the Zoning Officer Is authorized to Issue as permit;, with or without the recommendation or approval of the PlaTming Board. In those cases in which any permit may be issued only by the determination or resolution of the T�,')wn Board, any person, aggrieved thereby shall be entitled to resort to those remidies granted by law to any interested perty seekinnto obtain as determinption by, or an appeal from, any determination of, a Town Boord, including the review of any action of the Town Board in the manner provided by- Article Seventy-Eight of the' CiVirl Practice Law and Rules. Seation 20 Fe.e.s., Mienever any, action at law is brouFht to collect a sum of morey, 'the defendant shall pay attorney's fees. Section 21. Violations. Failure to comply with any of the provisions of this local law shell. be deemed a violation and. the violator shall be liable to as fine of not more than fifty dollars ($50.00) for eech violation, in addition to penalties for violation of any other regulation or ordihance of' the Town of Ithaca, and each day such violation continixes shall constitute a separate violation. Section 2-2. Valigit If any section, subsection, phrase, sentence or portion of this local 'law Is for any reason held Invalid or unconstitutional by any court of competent jurisdiction, suctri, portion shall be deemed a separate, dl.stirn.ct and Independent provision and such holding shall not affect the validity of the remaining portions hereof. ep �n 22. Ef fective Date. This local, law shall become effective imnediately upon adoption by the Town. Board. Adopted by the Town Board of' the Town of Ithaca on gray 8, 1972.