Local Law 4 of 2008 — ====================== NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form tofilea 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. p;' If ^ g^-^^NT o r STATE 5?j(X:ofCLAY Town K IED MAY 0 8 2008 Local Law No. ofthe year 2 0 0 8 ^ & STATE RECOftOS A local lawAmending Chapter 230. "ZONING" of the Code of the Town of Clav ,bv Repealing Section 230.22 entitled "Signs" of Ch^aptef^30, Zoning, Article iV, Supplementary Regulations and adding a new Section 230.22 entitled "Signs" to the Code of the Town of Clay. Beitenactedbythe Town Board of the Town of Clay ofthe (Name of Legislative Body) f^^f Clay as follows: Town SEE ATTACHED LOCAL LAW NO. 4 OF THE YEAR 2008 (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 11/99) Page 1 of 3 (Complete the certification in the paragraph that applies to thefilingof this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 4 08 I hereby certify that the local law annexed hereto, designated as local law No. —. of 20 of the i ^ ^ 3 ^ l ^ f ^ Q ^ ( T o w n ) ^ ^ ^ of Clay was duly passed by the Town Board of the Town of Clay m April 7th 08 ^ accordance with the applicable (Name ofLegislative body) provisions oflaw. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective ChiefExecutivc Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)( not approved) (Name ofLegislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance with the applicable provisions oflaw. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)( not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Execufive Officer*) Such local iaw was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 , in accordance with the applicable provisions oflaw. 4. (Subject to permissive referendum andfinaladoption because no valid petition wasfiledrequesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the . on 20 , and was (approved)( not approved) (Name of L egislative Body) (repassed after disapproval) by the on 20 Such local (Elective Chief Execulive Offiicer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions oflaw. * Elective ChiefExeculive Officer means or includes the chief executive officer ofa county elected on a county-wide basis or, ifthere be none, the chairperson ofthe county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. Dos-259 (Rev. ii/99> Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) ofthe Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the quahfied electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form offinaladoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 — , above. • /?/' /) Clerk ofme count>' legisiative body, City, Town or Village Clerk or officer designated by local le_aislative body VIVIAN I, MASON, TOWR CLERK (Seal) Date: APRIL 23RD, 2008 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW Y O R K COUNTY OF ONONDAGA I, the undersigned, hereby certify that the foregoing local law contains the coixeet text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ROBERT M. TOWN ATT0Rr(EX_ Title W^y^ CLAY Town Date: APRIL 23RD, 2008 DOS-239 (Rev. tl/99) Page 3 of 3 LOCAL LAW NO, 4 OF THE YEAR 2008 TOWN OF CLAY LOCAL LAW NO, 4 OF THE YEAR 2008 AMENDING CHAPTER 230 ENTITLED "ZONING" OF THE CODE OF THE TOWN OF CLAY. IT IS ENACTED by the Town Board of the Town of Clay, County of Onondaga and State of New York, as follows: AMENDMENT TO CHAPTER 230, ZONING, entitled Local Law No. 4 of the Year 2008, Repealing Section 230.22 Signs' of CHAPTER 230, ZONING, ARTICLE IV SUPPLEMENTARY REGULATIONS and adding a new Section 230.22 Signs' to CHAPTER 230, ZONING, ARTICLE IV SUPPLEMENTARY REGULATIONS of the Code of the Town of Clay The purpose of this local law is to define, promote and regulate signs that identify a business, service, or product in a manner that provides for or promotes public safety and are compatible with and enhance their existing and planned surroundings. (SEE ATTACHED LOCAL LAWNO 4 OF2008) This local law shall take effect upon filing with the Secretary of State. §230-22 CODE §230-22 ZONING ARTICLE IV SUPPLEMENTAL REGULATIONS §230-22 Signs. A. Intent The purpose of this section is to define, promote, and regulate signs that identify a business, service, or product in a manner that provides for or promotes public safety and are compatible with and enhance their existing and planned surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly, simply, and should be aesthetically designed in a manner that is compatible with their existing and planned surroundings. B. Defimtioiis. '*A" FRAME SIGN - a temporary sign that remains moveable and self-supporting, placed directly on the ground surface with two sides connected or hinged at the top each side is capable of displaying sign text. ADVERTISING SIGN - A sign, including those which are composed of Hght rays only, calculated to attract public attention to a product, service or undertaking encompassing activities off the property where such signs are situated, including what are commonly termed "posters" or "symbols," and similar devices of whatever composition, size, location or color- ANIMATED SIGN - any portion of a sign or attachments to a sign that move by electronic, mechanical or natural means, including, by way of illustration and not limitation, rotating signs, wind signs and signs where movement is simulated by illumination devices such as from flashing and intermittent light, as opposed to light of a constant intensity (see also electronic message board sign and electronic display screen) AWNING SIGN — a major sign painted on, attached to or incorporated into the surface materials of an awning on the front face (side parallel to building fagade) or the projecting awning sides. It may include multiple sign text areas within the allowable sign area. BANNER SIGN - A temporary sign hung either with or without frames, possessing written communication applied to non-rigid paper, plastic or fabric of any kind. BILLBOARD ~ a sign constructed or installed as a principal structure or principal or secondary land use of a lot to display information unrelated to the site location. BUILDING IDENTinCATlON SIGN - A sign identifying the street number and/or name of a structure. BUSINESS SIGN - A sign identifying and directing attention to a business offering a commodity, service, industry or other activity which is sold, offered or conducted. Such sign is to be located, pursuant to this code, direcdy on or at the business location, within the property boundaries or within the leased area for multiple occupants. See freestanding, marquee, projecting, roof and wall signs, as defined by this code. -1- 230-22 ZONING §230-22 CANOPY SIGN -- a major sign painted on, attached to or incorporated into the surface materials of a canopy on the front face (side parallel to building fagade) or on the projecting canopy sides. It may include multiple sign text areas within the allowable sign area. COMMUNITY/PERSONAL EVENT SIGN - a temporary sign announcing an activity or event on a specific date and location; exanples include garage sale, mmmage sale, and ftmd-raiser. CONTRACTOR SIGN (residential, commercial, non-residential) - a temporary sign displaying the names and contact information about businesses responsible for design and construction related work performed on the lot. DIRECTORY SIGN - a minor sign displaying a list of occupants or tenants of a building or lot commonly with some location (bldg or room #) and/or graphic directional information. This sign type is distinct from a major sign depicting multiple messages within the allowed sign area. ELECTRONIC DISPLAY SCREEN - a device, designed to display changeable text or imagery on a video screen or comparable surface, installed within a permanent sign structure occupying a portion of, or the entire allotment of sign area as allowed in this code. ELECTRONIC MESSAGE BOARD SIGN-- Any sign or portion of a sign that uses an electronic display screen or changing lights to form a message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. FREESTANDING SIGN ~ a major sign within its own structure located directly on the ground with its own foundation or structural support; and includes monument, pole and pylon signs. It may include multiple sign text areas within the allowable sign area. HOME OCCUPATION SIGN ~ see business sign - a sign used for the business use on a residential property. INFORMATION SIGN ~ A minor sign which contains information intended exclusively as a public service and of a noncommercial nature indicating such facilities as rest rooms, public telephones, bus stops, rest areas and on-site building identification signs. LANDSCAPING SIGN - A minor sign located on a section of ground constmcted by the arrangement of flowers, shrubs, trees or other similar natural elements. MARQUEE SIGN - a major sign painted on, attached to or incorporated into the surface materials of a marquee on the front face (side parallel to building fagade) or on the projecting marquee sides. It may include multiple sign text areas within the allowable sign area. MONUMENT SIGN - a style of freestanding sign constmcted as a solid structure or one which gives the appearance of a continuous, non-hollow, unbroken, mass that may display one side or two parallel sides of sign area. May also be called pedestal sign. MENU BOARD SIGN ~ A minor sign for the point-of-purchase advertising display that allows the retailer to list products and prices, including order conformation display. § 230-22 CODE § 230-22 NONCONFORMING SIGN - Signs legally established which do not conform to the regulations herein. NEIGHBORHOOD IDENTIFICATION SIGN ~ A sign identifying a neighborhood, residential tract, multifamily development, apartment complex or similar neighborhood identification. See free standing sign OFF-PREMISE SIGN - A sign unrelated to the property upon which it is located. (See also billboard) OFFICIAL SIGN - A sign established pursuant to govemmental authority or used for the identification of public buildings, facilities and activities, and shall include traffic regulation devices authorized by the Vehicle and Traffic Law of the State of New York and any other sign authorized and required under local, state or federal law. OPEN HOUSE SIGN, RESIDENTIAL ~ A temporary sign announcing the availability of a residence to visited and examined by the public in order to promote a real estate sale. POLITICAL SUBDIVISION AND CIVIC SIGN - A minor sign includes flag or pennant containing the insignia or emblem of a political subdivision, nonprofit civic-oriented organization or fratemal order. POLITICAL SIGN - a temporary sign installed in the ground or attached to a building relating to the election of a person to a public office, or relating to a political party, or relating to a matter to be voted upon at an election c^led by a public body. POLE SIGN- a style of free-standing sign, usually double-faced, mounted on a pole(s), tube(s) or other vertical supports that are installed directly within the ground and has no other connection or means of stability for secondary support. See FREESTANDING SIGN. PRIVATE TRAFFIC SIGN ~ A minor sign situated within private property providing information for traffic movement and storage, such as directional signs, parking areas, freight and loading areas, prohibited parking areas, points of ingress and egress, speed limits and related items, but expressly excluding off-street parking lot or garage identification signs. PROTECTING SIGN ~ A major sign which is affixed and is perpendicular to any building wall or stmcture and extends beyond the building wall or parts thereof, and no portion of which projects above the roofline or parapet of a building. It may include multiple sign text areas within the allowable sign area. PUBLIC SAFETY SIGN ~ A minor sign containmg information designed for the protection and safety of the occupants or users of site or the pubhc about aspects of the lot. Examples are wamings of danger areas, trespassing notices, work areas, utility wamings, street elevators, sentry dogs, security systems, safety waming devices and similar notices. PYLON SIGN ~ A style of freestanding sign of which the entire bottom of the sign is generally in contact with or in close proximity to the ground. See FREESTANDING SIGN. REAL ESTATE SIGN (RESIDENTL^L, COMMERCIAL, NON-RESIDENTTAL) ~ a temporary sign indicating a specific lot or property is for sale, rent or lease. REPRESENTATIONAL SIGN ~ A three-dimensional sign built so as to physically represent the object advertised. -3- § 230-22 ZONING § 230-22 SANDWICH BOARD SIGN - see 'A" frame ROOF SIGN - a major sign placed partially or entirely above the upper edge of any building wall or parapet or a sign painted, installed or incorporated into the surface material of the roof covering; roof signs shall also include signs located on the side or roof of a penthouse, roof tank, roof shed, elevator housing or other roof structure. It may include multiple sign text areas within the allowable sign area. SIGN - An accessory stmcture that is a natural object or part thereof; device; or inscription, which is represented on any land or the outside of any building used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, words, numerals, emblems, symbols, models, banners,flags,pennants, insignia, trademarks, devices or representations used as, or which is in the nature of, an announcement, direction, advertisement, attention-arrester, waming or designation of any person, firm, group, organization, place, commodity, product, service, busmess, profession, enterprise, industry or pubhc performance. • All signs in this code have been organized with the following groups or categories in order to administer these sign regulations in an effective and balanced manner signs while recognizing the similarities and differences of sign stmctural type and general function. • Major signs - permanent stmctures or modifications to a stmcture or lot to direct information to the general pubhc about the land use(s) of the lot. (See section C 1 a) • Minor signs permanent stmctures or modifications to a stmcture or lot and to facihtate movement or activity within a lot. • Temporary signs - non-permanent signs allowed for hmited duration direct information to the general public. SIGN AREA - The area of a sign is the entire area within a single continuous perimeter enclosing the extreme limits or writing, representation, emblem, or any figure of similar character, as included in the definition of sign, together with any frame or material or color forming an integral part of the display used to differentiate such sign from the background against which it is placed. Sign area calculation excludes the necessary supports or uprights on which such sign is situated. See also §230-22 E (3) SIGN COPY CHANGES ~ Change of copy on a sign, the customary use of which involves frequent and periodic changes of copy such as those customarily associated with theatre marquees and bulletin boards. SIGN DISPLAY SURFACE ~ The surface made available by the structure, either for the direct mounting of letters and decoration or for the mounting of facing material intended to carry the entire advertising message. SIGN FACING ~ The surface of the sign upon, against, or through which the message of the sign is exhibited. SIGN HEIGHT ~ The vertical distance from the uppermost point of a sign (measured from a ten-foot radius of the sign stmcture or stmctural trim) to the average unaltered ground height beneath the sign and within the stmcture thereof. SIGN LETTERS AND DECORATIONS ~ The letters, illustrations, symbols, figures, insignia, and other devices employed to express and illustrate the message of the sign. -4- § 230-22 CODE § 230-22 SIGN MAINTENANCE ~ Routine maintenance, including minor repairs, such as repainting, bulb replacement and repair of electrical or mechanical parts. SIGN STRUCTURAL TRIM ~ The molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign stmcture. SIGN STRUCTURE ~ The supports, uprights, bracing and framework of the sign SHE DEVELOPMENT SIGN - see contractor sign STATUARY SIGN ~ An inscription commemorating an event of unique historical, social, cultural or geographical significance. TEMPORARY SIGN - A sign installed and maintained pursuant to this code, that may be constructed of non-permanent or disposable material such as cloth, plastic, paper, wood or similar products and which is intended to inform of a time sensitive event. Not withstanding the materials temporary signs are subject to the time, location and maintenance requirements of this code. TIME AND/OR TEMPERATURE DEVICE - A device providing information of the current time and/or meteorological conditions. VEHICULAR SIGN - A motor vehicle covered or decorated, modified to display a sign as defined in this section WALL SIGN ~ A major sign which is painted upon or directly attached and parallel to an exterior wall of a building. It may include multiple sign text areas within the allowable sign area. WINDOW SIGN ~ A sign situated on the glazed surface of a window, not forming an integral part of a window display. WINDOW DISPLAY SIGN ~ A sign situated beyond 12 inches of the interior of a window face and forming an integral part of a window display. C. Sign Standards and Requirements. All signs are regulated by one of the following three categories: major, minor and temporary signs. In addition, all signs are subject to the general standards and procedures described following this section. (1) Major s ^ standards See Table A for specific sign requirements (a) Generally: Major signs are permanent, substantial yet accessory structures designed, sized and located to present information to the general public about the business or operation of the principal land use located on the property. • The types of signs considered to be major signs are included in the accompanying Table. §230-22 ZONING §230-22 • Table A requirements are premised and intended to be a balance between maximizing commercial/property needs of tiie lot with community objectives of preserving safety of vehicular and pedestrian movements, minimizing visual clutter, and encouraging well-conceived community design and aesthetics. • The sign requirements apply to all land uses and stmctures allowed in each zone district; it shall include all zone districts within a district group unless a zone district or exception is specifically hsted. b) Approval method, numerical and other requirements subject to Table A requirements. (2) Minor sign standards (a) Generally: Minor signs are permanent accessory stmctures designed, sized and located to present limited information to the users, visitors, or occupants within a lot. Such signs shall be installed for limited navigation and safety, directory or other purposes related to the intemal operation on the property and are regulated pursuant to the following requirements. These requirements shall be applied to promote the safe and effective use of the property in manner and design that enhances the appearance of the lot and surrounding properties. (b) Approval Method: All minor signs shall be subject to approval during the review required for the principal use or structure and shall be within the jurisdiction of the appHcable reviewing board (Town Board, Planning Board, ZBA). These boards may as a condition of approval direct the Commissioner of Planning and Development to finalize and adjust details of design and location of all minor signs within the parameters of the approved plan. (c) Types of Minor Signs: The following are recognized as minor signs subject to this section: private traffic, public safety, information, directory, menu and statuary signs. (d) Size of Minor Signs: should not exceed 4 sq. ft. and may be adjusted by the reviewing board for enhancing sign purpose, the site conditions, and/or the activity of the intemal user (driver or pedestrian, customer, visitor or employee). (e) Number of Minor Signs: minimal number to accomplish sign purpose, the site conditions and activity of the intemal user. (f) Location of Minor Signs: located to maximize the intemal operation of the lot and away from the public or private ROW and from adjoining properties. (3.) Temporary sign standards. (a) Generally: Temporary signs are non-permanent accessory structures designed and instaUed to presenttime-limitedinformation to the public that may be of a commercial or non-commercial nature. The following requirements have been established to allow for the broadest opportunities for expression while preserving public safety and the aesthetic qualities of community appearance. (b) Contact Information: All temporary signs shall have local contact information, either printed on or attached to some portion of the sign itself or as an altemative the placement of temporary signs shall be recorded with the Commissioner of Planning and Development. This local contact shall be the person, agency or enterprise responsible for proper installation, care and the prompt removal of temporary signs. Signs lacking printed contact information or the altemative of recording with the Commissioner may be removed by the Town. -6- § 230-22 CODE § 230-22 (c) Approval Method: No prior approval is required for signs less than 16 sq. ft. Signs greater than 16 sq.ft.shaH be reviewed by the Commissioner of Planning Development to ensure that tiie proposed location does not impede pedestrian or vehicular movements, is fully and adequately secured to the ground or stmcture and meet aU applicable safety standards. (d) Location of Temporary Signs: No temporary sign shaU be placed within any public Right-of- Way (ROW). All temporary signs shall be located within the boundaries of a private lot upon permission of the property owner if located on lot unrelated to event. See also General Prohibitions and Requirements for comer lots. (e) InstaUation, maintenance and removal of temporarv signs: All temporary signs shall be installed in a manner consistent with these regulations. Any damaged, dislodged or deteriorated temporary sign shall be immediately removed. Temporary signs shall be removed witiiintiietime period aUotted for each type of temporary sign. (f) Types of temporarv signs: [1] Long duration temporary signs include signs related to real estate and constmction activity on a specific property displayed during the sales or constmction period. • Commercial/Non-Residential Use Real Estate Sales Sign - A maximum of three signs per lot shall be pemiitted. No sign shall exceed sixteen (16) square feet in area on frontages of 100 feet or less. Signs on frontages greater than 100 feet shaU not exceed thirty-two (32) square feet. On comer properties, if either frontage does not exceed 200 feet, only one such sign shaU be allowed on the lot. If the lot exceeds 200 feet in frontage in both directions one sign shall be allowed on each road frontage of the lot. These signs shall be removed from the sales lot within 48 hours of the passing of title to a new owner or withdrawal from the market. • Residential Real Estate Sales Sign - A maximum of one sign per lot shaU be permitted. The sign shaU not exceed four (4) square feet in area and it shall be removed from the sales property within 48 hours of the passing of title to a new owner or withdrawal from the market. • Commercial/Non-residential Contractor Sign - A maximum of one sign per street frontage shaU be permitted. The sign shall not exceed 32 square feet in area. In residential subdivisions, the sign may be placed at the inception of the filed section of the project and may only be located at major entrances to the subdivision and be maintained within a period commencing not more than 14 days prior to the start of construction of the section and terminating not more than 14 days following completion of the filed section or after three years after the start of constmction. • Residential Contractor Sign - A maximum of one sign per lot shaU be permitted. The sign shall not exceed 4 square feet in area. The sign shaU be removed within 48 hours of completion or cessation of work on the lot [2] Short duration temporarv signs include signs related to the occurrence of a specific event or related to a date-certain activity. • Residential Open House Real Estate Sign - A maximum of three signs per event are permitted only during the hours of the sales event. No sign shall exceed four square feet in area. The signs may be located on any property with prior permission of the owner or tenant. § 230-22 ZONING § 230-22 • Community/Personal Event Sign - These signs may be installed a maximum of three (3) times per year for a maximum of 14 days prior to the each event and shall be removed within 48 hours of conclusion of tiie event. No sign shaU exceed four square feet in area. One sign per lot may be located on any property with prior permission of the owner or tenant. • Political Sign - These signs may be installed a maximum of two (2) times per year for a maximum of 60 days prior to the each event and shall be removed within 48 hours of the conclusion of the event. No sign shall exceed 32 square feet in area in any zone district and intiieResidential Districts no sign shall exceed 6 square feet in area. These signs may be located on any property with prior permission of tiie owner. D. Procedures for Obtaining a Sign Approval (1) Generally. Unless exempted by tiiis section or waived by the reviewing Board all signs shall be evaluated during Site Plan Review or Special Permit Review when required by this zoning ordinance for the principal use or stmcture. When no other review is required fortiieprincipal use or stmcture tiie Planning Board shall review proposed signs pursuant to the requirements of Table A. All major and minor signs shall be subject to a building pemiit prior to tiie performance of any sign work. Such permits shaU be issued by the Commissioner of Planning and Development in accordance with the conditions of the reviewing board approval. (2) Referrals. The Town Board and Zoning Board of Appeals shall refer to the Planning Board all proposals that are accompanied by free-standing sign requests in a special permit or variance applications before those boards. (3) Exceptions. (a) No sign permit shall be required for the following: [1] Temporary signs less than 16 sq. ft. (b) The foregoing exceptions shaU not be deemed to waive any regulations contained in this or any otiier law which is otiierwise appUcable. (4) Prerequisites to issuance of approval or permits. As a prerequisite to the issuance of any permit, in addition to any otiier restrictions appUcable thereto, the foUowingfindingsshall be made: (a) The proposed sign is not in conflict with the general prohibitions contained in Subsection E of this section, the provisions of which may not be waived, and compUes with aU other applicable provisions. (b) The proposed sign will not have any adverse impact upon the character or integrity of any land use having unique cultural, historical, geographical, architectural or other significance. E. Construction and Design Standards. (1) Design standards. The following design standards are provided to encourage and direct appropriate and compatible graphic design, material, colors, iUumination and placement of proposed signs. In general, sign design shall be consistent with the purpose and intent of this chapter. (a) Signs should be designed to be compatible with their existing and planned surroundings and should be consistent with the architectural character of the buildings on whichtiieyare located. (b) Sign panels and graphics should relate witii and not obstmct architectural features or details and should be in proportion to them. § 230-22 CODE § 230-22 (c) Layout should be orderly and graphics concise. (d) Illumination should be appropriate to the character of the sign and its surroundings and shaU be in accordance witii §230-22 E (2) (e) oftiiisChapter. (e) All illuminated signs shaU meet Underwriters Laboratories (UL) rating standards. (f) The addition of a street address on freestanding signs shaH be required unless otherwise determined by tiie Planning Board. (2) General prohibitions and requirements. The foUowing regulations shall be applicable to all signs, except, official signs, as defined in Subsection B, are exempt from the provisions ofthis section. (a) Signs are accessorv stmctures: Only signs that are accessory stmctures as defined intiiiscode and shall be permitted pursuant totiierequirements oftiiissection. No sign shaU be instaUed or used as a principal stmcture or principal or secondary use. Unless otiierwise permitted no sign shaU be unrelated to the property upon which it is located. (b) Maintenance, Care and PubHc Safety. No sign shall be maintained that due to its condition, location, materials or metiiod of instaUation poses a risk of Uttering or public safety, as determined by the Commissioner of Planning and Development. (c) Obstmctions. No sign shall obstmct by physical or visual means any fire escape, window, door or any opening providing ingress or egress or designed for fire or safety equipment; any passageway from one part of a stmcture or roof to anotiier portionstiiereof;or any opening required for ventilation, or which is required to remain unobstmcted by any appUcable law. (d) Projections. [1] No sign shaU project into a vehicular driveway at an elevation less tiian 14 feet above grade. [2] No sign shall project into an area on designed as a pedestrian way at an elevation less tiian 10 feet above grade. (G) Placement. No sign shaU be placed upon or attached to any pubhc right-of-way, utiHty pole, lamppost, water or fire hydrant, sidewaUc, bridge, tree or similar installation or improvement, whether situated upon pubhc or private property. (f) Signs are prohibited which by their use or simulation of colors, design or placement, tend to confuse, detract from or in any manner obstruct the utilization of traffic regulatory devices. All determinations of this type shall be made by the enforcement officer, who shall consider, but not be limited to, die foUowing aspects of such signs: [1] The use of words such as "stop," "go," "look," "caution," "danger," "waming" and simUar nomenclature. [2] The use of colors and Hghts in the spectmm of colors utiUzed for traffic regulatory devices. [3] AU blinking, intermittent,flashing,or other animated forms of illumination or Ught, and all sources of illumination which, through direct or indirect means, create glare. (g) IUumination. No sign shall produce illumination in excess of one foot-candle at a distance of four feet. (h) Comer visibiUty. On a comer lot within the areas formed byright-of-waylines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, no sign shall project into the elevation between a height of two and half feet and a height of 10 feet above the grade of each street at the center line thereof. § 230-22 ZONING § 230-22 (i) Vehicular Signs - Signs on motor vehicles. [I] All commercial vehicles related to business or enterprise shall be stored or parked in locations approved during Site Plan Review, Special Permit or Variance approval. 12] No person shall park any vehicle or trailer on a pubHc right-of-way / public property / private property so as to be intended to be viewed from a vehicular public right-of-way, which has for its basic purpose the providing of advertisement of products/services or directing people to a business or activity located on the same property or any other premises, and in a manner such that motor vehicle functions as a sign. [3] This section is not intended to prohibit any form of vehicular signage, such as a sign attached to a bus or lettered on a motor vehicle or signs that are part of a vehicle, such as a construction trailer, whose primary purpose is not advertising to the public. (j) Prohibited Signs The Town having considered and observed its overaU community objectives, its physical and administrative resources, the visual and physical character of the community, the variety of communication opportunities for lots and land uses, and the negative visual, aesthetic and physical impact of certain types of signs declare that the following are prohibited types of signs: • BiUboard • Electronic Message Board Sign (3) Computation of sign area. (a) The area of the sign support should be in relationship to the area of overall dimension of the signage with approval of the reviewing board. (b) The area of a sign is the entire area within a single continuous perimeter enclosing the extreme limits or writing, representation, emblem, or any figure of similar character, as included in tiie definition of sign, together with any frame or material or color forming an integral part of the display used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is situated. (c) When a wall sign consists of individual letters, symbols or characters, ils area shaU be computed as tiie area of the smallest rectangle, which encloses all of the letters, symbols and characters. (d) When a sign consists of two or more faces, only one face of tiie sign shall be used in computing the sign area if the faces are parallel to and within 12 inches of each other. Otherwise, aU faces oftiiesign shaU be used to compute the sign area. (e) The allowed area of a three dimensional representational sign shall be determined by the Town of Clay Planning Board. F. Sign Maintenance. Sign maintenance. The Commissioner shall order the removal of any sign (major, minor or temporary) that is not kept in good repair and a proper state of preservation. In making such determination, the Commissioner shall consider, but need not be limited to,tiiefollowing elements: defective lighting; broken, loose or missing parts; fading, flaking or blistering paint; illegibility; or any condition which may constitute a Uttering or safety hazard, -10- § 230-22 CODE § 230-22 G. Signs for lots with nonconforming use, lot or structure. Sign for properties that may be nonconforming lots or have a non-conforming use or structure shaH be subject to a Special Permit from the Planning Board. Any proposed sign shall conform to the sign standards currently applicable to the property based on its zoning classification. In reviewing a sign proposal the Planning Board may consider the nature of the nonconformities as weH the nature of the current zoning and surrounding land development pattem. It may modify, but not exceed, the current sign standards to have any proposed sign fit compatibly within the site. H. Non-conforming signs. Intent- this section is intended to encourage the eventual elimination of signs which do not comply with §230-22 Signs of the Town of Clay Zoning Code. The elimination of nonconforming signs is important to the Intent as stated in §230-22 A. 1. Any sign which, on April 7, 2008, the date of adoption of this Local Law, does not conform to the provisions of this chapter shall be considered a legal nonconforming sign and shall be permitted, provided that when originally installed, it was in compHance with all applicable codes, ordinances, and regulations which were in effect. 2. Sign faces may be changed on nonconforming signs when there is no change to the primary use of the site or when only a portion of a muUiple-tenant sign is being changed. 3. If a business leaves its premises, the owner of the property/building shall be responsible for the removal of any business sign from said premises, within 60 days. 4. A nonconforming sign may be continued and shall be maintained in good condition as required by this chapter but it shall not be: (a) Stmcturally changed to another nonconforming sign. (b) Structurally altered to prolong the life of the sign, except to meet safety requirements. (c) Altered in any manner that increases the degree of nonconformity. 5. All nonconforming signs shall be terminated or brought into compliance by December 31, 2018. I. Abandoned ^ns. (1) Determination. The Commissioner shall order tiie removal of any sign which has become abandoned. In making such determination, tiie Commissioner shall consider, but need not to be limited to, the foUowing elements: (a) Period of nonuse of the activity, product, service or other item relative to the business activity has been discontinued for a period of 90 days, the sign shaU be presumed to have become abandoned, unless the owners, beneficial user, or other party in interest files a written certification with the enforcement officer indicating that such business activity (including its appurtenances) is to be reactivated within 30 days following such ninety-day period. 11 § 230-22 ZONING § 230-22 (b) The sign is situated upon or incidental to a site which has been scheduled for demolition and it appears tiiat tiie activity, product, service or other item relative is no longer viable irrespective of the lapse of time. (c) The sign is otiierwise nonconforming or iUegal, and the owner or beneficial user cannot with reasonable dihgence be located. (2) Removal of signs. Any abandoned, or illegal sign existing after December 31, 2008 shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. Upon removal of any wall sign (including signs painted on waUs), the surface area of the facade shaU, within 30 days of removal, be restored to a condition substantially equivalent to tiie remaining portion of the facade in appearance. The enforcement officer, upon determining that any such sign exists, shall, upon expiration of tiie continuance period or such other time Umit which may be provided for, notify the owner or beneficial user of such sign, in writing, to remove tiie sign witiiin 30 days fromtiiedate of such notice. Upon failure to comply with such notice within the prescribed time,tiieenforcement officer shall remove or cause removal of such sign and shall assess aU costs and expenses incurred intiieremoval against the property on which such sign is located. J. Penalties for offenses. 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