§ 126-4 Village of New Hartford, NY - Sign Code

Sign - Any writing, letter work, numerical or pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant or any other device, figure or similar character which is used to announce, direct attention to, identify, advertise or otherwise make anything known and is visible from the public right-or-way or from adjoining property.

Sign, Building Mounted - Any sign attached to and deriving its major support from a building and including but not limited to the following: arcade sign, awning sign, canopy sign, cornice sign, facade sign, marquee sign, parapet sign, plaque sign, projecting sign, food sign, wall sign and window sign.

Sign, Business - A sign which indicates the name of an individual commercial or industrial business or any corporation with which it is affiliated but which does not indicate the products, services or entertainment offered by that business.

Sign, Flashing - An illuminated sign on which the artificial light is not maintained stationary or at a constant intensity and/or color at all times when such sign is in use.  For the purpose of this chapter, any revolving, illuminated sign shall be considered a "flashing sign."

Sign, Freestanding - Any sign supported by upright structural members or by braces on or in the ground and not attached to a building, including but not limited to the following:  bulletin board sign, outdoor advertising sign, pole or pylon sign or ground sign.

Sign, Identification - A sign indicating the name and/or address of a building, business, development or establishment.  Such a sign may be wholly or partly devoted to a readily recognized symbol, trademark or logo.

Sign, Outdoor Advertising (also Billboard) - Any sign on which information is portrayed which directs attention to a business, commodity, service or entertainment not necessarily related to other uses existing or permitted on the lot upon which the sign is located.

Sign, Portable - Any sign not permanently affixed to the ground nor to a building, including any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, political event, service, product or entertainment when that vehicle is operated or parked so s to attract the attention of the motoring or pedestrian traffic.

Sign, Real Estate - Any sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed.

Sign, Shopping Center - A freestanding sign which identifies only the name of the shopping center and does not identify the individual enterprises or their products, services or amusements.

Sign, Temporary - Any sign intended to be displayed for a limited period of time and not to be permanently affixed, attached, implanted or placed on a building, pole or in the ground.

Sign, Window - Any sign attached to the glass area of a window or placed behind the glass of a window so it can be read from out-of-doors.

§126-35 Signs

A. General regulations.  The following regulations shall apply to all signs:

          1.No sign shall be erected, altered or reconstructed without the issuance of a sign permit by the Code             Enforcement Officer.

All signs shall be constructed in accordance with the New York State Uniform Fire Prevention and Building Code, shall be maintained in good condition and shall be kept free of defects and hazards.

A. General regulations.  The following regulations shall apply to all signs:

1.    No sign shall be erected, altered or reconstructed without the issuance of a sign permit by the Codes Enforcement Officer.

2.    All signs shall be constructed in accordance with the New York State Uniform Fire Prevention and Building Code, shall be maintained in good condition and shall be kept free of defects and hazards.

3.    Signs shall not be erected within the public right-of-way.

4.    No sign shall obstruct any fire escape (or door leading thereto) or window, nor shall any sign be attached to a fire escape.

5.    All signs shall be plainly marked with the name and address of the sign and/or property owner.

6.    Illumination of signs, when permitted, shall be so arranged so as to prevent direction thereof upon a public street or to adjacent premises that may constitute a traffic hazard or public nuisance.

7.    No sign shall be audible.

8.    No freestanding sign shall exceed thirty (30) feet in height.

9.    Upon the issuance of a sign permit (other than for a temporary sign), the applicant shall have a six-month period in which to erect, alter or reconstruct said sign; following the expiration of said period of time, the permit shall be null and void.

10. No sign shall be painted directly upon the exterior of any structure nor mounted upon the roof of any building.

11.  No portable signs shall be allowed within any zoning district of the Village of New Hartford.

12.  No flashing signs shall be allowed within any zoning district of the Village of New Hartford. No internally lighted signs shall be allowed within any zoning district of the Village of New Hartford except within the B-2 district.

13.  No internally lighted signs shall be allowed within any zoning district of the Village of New Hartford  e     except within the B-2 district.                                                                            

14.  The requirements of this section shall not apply to any sign which had received the approval of             b      both the Planning and Village Boards prior to the adoption of these regulations.

B. Signs permitted in all districts.

1. Nameplates and identification signs.

a) In the residential districts, signs indicating the name and/or address of the occupant shall not exceed one (1) square foot in area; signs indicating the name and/or profession of a permitted business or professional office or home occupation shall not exceed two (2) square feet in area; only one (1) such sign per dwelling unit shall be permitted, except in the case of lots with more than one (1) frontage, in which case one (1) sign for each frontage shall be permitted.

b) In multiple-family residential districts, for buildings other than dwellings, a single identification sign not exceeding six (6) square feet in area and indicating only the name of the management may be displayed, except in the case of lots with more than one (1) frontage, in which case one (1) sign for each frontage shall be permitted.

2. Sale or rental signs. Signs advertising the sale or rental of the premises upon which they are located may be erected or maintained provided that:

a) The size of any such sign does not exceed six (6) square feet of area in any residential district.

b) In any nonresidential district, the size of such sign does not exceed sixteen (16) square feet in area.

c) Not more than one (1) sign shall be placed upon a property unless such property fronts on more than one (1) street, in which event one (1) sign may be erected on each frontage.

d) Such sign(s) shall be removed within thirty (30) days after the premises have been sold or rented.

3. Signs accessory to parking areas.  Signs designating entrances or exits to or from a parking area are limited to one (1) sign for each exit and entrance, said signs to be limited to a maximum size of four (4) square feet.  In addition, each parking area shall be permitted one (1) sign per street frontage which designates identity and restrictions for parking.

4. Artisan signs. Signs of carpenters, painters and other artisans may be erected on the customer's premises during the period such artisans are performing work on said premises, provided that:

a) The size of said sign shall not exceed twelve (12) square feet in sign area; and

b) Such signs are to be removed by said artisans within thirty (30) days.

5. Historic markers. Signs Designating the approximate construction date of a particular structure shall be permitted, provided that such signs do not exceed one-half (1/2) square foot in area.

C. Signs in nonresidential districts.

1. General requirements.  No building-mounted business sign in any nonresidential district shall project or be allowed to overhang from the main wall of a building.  These limitations shall not apply to permanently constructed building canopies, arcades, theater marquees or pedestrian shelters. 

2. Maximum allowable sign area.  The maximum sign area of any business sign shall conform to the following:

a) In Zoning District B-1, the maximum sign area shall be one-tenth (1/10) square foot of sign per one (1) square foot of building frontage.

b) In Zoning District B-2, the maximum sign area shall be one-fourth (1/4) square foot of sign per square one (1) square foot of building frontage.

c) In Zoning District M-1, the maximum sign area shall be one-tenth (1/10) square foot of sign per one (1) square foot of building frontage.

3. Criteria for bonus sign area.  To encourage design excellence, the maximum sign areas for business signs, as established in Subsection C(2) above, maybe increased by the percentage as provided for herein.  A separate bonus is granted for compliance with each of the criteria ; however, the percentage increase cannot exceed fifty (50) percent.

a) Freestanding business signs may be increased as follows:

[1] Thirty (30) percent when the when the sign is constructed only of materials and uses only colors recommended and approved by the Planning Board.

[2] Twenty-five (25) percent when the sign is installed in a landscaped planter having an area two (2) times the area of the resultant sign and the entire design in approved by the Planning Board.

[3] Twenty (20) percent when all the lettering and background is uniform in style and color of any approved signs for any three (3) consecutive separate establishments.

[4] Ten (10) if the sign is not designed or used with illumination.

b) Building mounted business signs may be increased as follows:

[1] Thirty (30) percent when the when the sign is constructed only of materials and uses only colors recommended and approved by the Planning Board.

[2] Twenty (20) percent when all the lettering and background is uniform in style and color of any approved signs for any three (3) consecutive separate establishments.

[3] Ten (10) if the sign is not designed or used with illumination.

4. Neon signs, which shall not exceed three (3) square feet in size, shall be permitted only on the interior of any building and may be located in a window on the interior of a building.  When more than one (1) neon sign is used, they shall be no closer than forty eight (48) inches to each other and shall not be stacked, that is, they shall not be placed one above the other. [Added 9-11-1994 by L. L. No. 1-1994]

D. Outdoor advertising signs.  Outdoor advertising signs (i.e., billboards) shall be prohibited within the village of New Hartford.

E. Unsafe signs.  Any sign found to be unsafe upon inspection by the Code Enforcement Officer or his designee shall be repaired or made secure by the owner of record.  The Code Enforcement Officer or his designee shall give notice by certified mail, return receipt requested, to such person to repair or remove such unsafe sign within five (5) days of receipt of said notice.  If the sign is not repaired, made secure or removed within said time period or within such additional time as the Code Enforcement Officer or his designee may allow, the sign shall be removed by the Code Enforcement Officer or his designee.  Said sign shall be handled in accordance with Subsection J of this section.  If a sign is found to be a source of imminent peril to persons or property, the Code Enforcement Officer or his designee shall cause said sign to be immediately removed without notice to the owner of record or property owner.  [Amended 9-11-1994 by L. L. No. 1-1994]

F.  Signs not in use.  A sign which advertises a defunct business or product so that the content of the sign is no longer appropriate to the purpose(s) for which it was intended shall be removed by the property owner within sixty (60) days of written receipt of written notification by the Code Enforcement Officer , such notice to be by certified mail, return receipt requested.  If the sign is not removed within said time period, the Code Enforcement Officer shall thereafter have it removed in accordance with Subsection J of this section.

G.  Permit requirements

1. General requirements

a) No person shall erect, alter or reconstruct any sign without first having obtained a permit from the Code Enforcement Officer.

b) Applications for sign permits shall be made, in writing, on forms provided by the Village Clerk and shall contain the following information:

[1] The name, address and telephone number of applicant(s).

[2] The location of the structure or real property upon which the sign is to be attached or erected, as well as the location of the public right-of-way line, if applicable.

[3] A drawing (to scale) shall be submitted, showing the construction details, lettering and/or pictorial matter and position of lighting and other extraneous devices. (NOTE: this information shall not be required for the erection of a temporary sign).

[4] Written consent of the owner of the structure or real property upon which the sign is to be attached or erected, in the event that the applicant is not the building or property owner.

H.  Fees.  The applicant shall pay to the Village of New Hartford, upon application for a sign permit, a fee as set forth from time to time by the resolution of the Board of Trustees.  [Amended 9-11-1994 by L. L. No. 1-1994]

I.  Waiver of fee.  Upon written authorization by the Planning Board, the fee requirements of this section may be waived for the erection, alteration or reconstruction of a sign by any bona fide charitable, governmental or religious organization/agency.  The provisions of a waiver shall in no way be constructed to include exemption from any other requirements and/or standards contained in this section.

J.  Enforcement.  [Amended 9-11-1994 by L. L. No. 1-1994]

1. Notice.  Whenever the Code Enforcement Officer determines that a violation of this section has occurred, written notice shall be served upon the sign owner of record or the property owner by certified mail, return receipt requested, at his last known address.  Such notice shall specify the alleged violation is to be imposed upon failure to correct said violation.  Such notice of violation shall automatically become a final order if the violation is not corrected within the specified time period.  Any fees not paid shall be added to the real property taxes.

2. Removal, storage or sales of signs found to be in violation.  Upon failure of the sign owner of record or the property owner to correct the cited violation within the time period specified by the Code Enforcement Officer or to apply for an appeal pursuant to Section 126-27, the Code Enforcement Office, by written instruction to the DPW Superintendent, shall direct that the violation sign be removed.  Such sign shall be stored for a thirty-day period during which the sign may be claimed upon payment for the removal/storage of said sign, as determined by said DPW Superintendent.  If the sign is not claimed within the thirty-day period, said DPW Superintendent is authorized to sell the stored sign at public auction to the highest bidder or to otherwise dispose of said sign at his discretion and to thereupon apply the proceeds, if any, to the removal/storage costs.