§ 167-27. Signs., Article VIII. Supplementary Regulations, Chapter 167. Zoning, Part II. General Legislation, Code of Ordinances, Malta

Purpose; intent and definitions.

(1)

The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed signs of all types within the Town of Malta. This section is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended to reduce distractions and obstructions that may adversely affect traffic safety, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and to maintain the generally high level of the community's appearance and attractiveness. This section is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with their surroundings and to ensure that signs aid orientation and adequately identify uses and activities to the public. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs.

(2)

The following words shall be defined as follows for purposes of this section:

AWNING: Any structure attached to a building and projecting over a thoroughfare, when the same is so erected as to permit its being raised to a position flat against the building when not in use.

BACKLIGHTING: A method of lighting signs whereby the letters or images are raised or protrude from the structure and the cavity behind the letters or image is lit typically with low-voltage LED lights that "wash" lighting over the mounting wall and illuminate the letters or images.

BANNER: Any sign constructed of cloth, canvas, plastic, fabric or other flexible material.

BILLBOARD SIGN: Any sign erected or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial and reading matter, supported by uprights placed in the ground and not attached to any part of a building.

BUSINESS: The location at which a person makes or offers goods for sale at that or another location, and/or the location at which services are performed for sale at that or another location.

CANOPY: Any structure other than an awning attached to a building, projecting over a thoroughfare, and carried by a frame supported by the ground, sidewalk or building (e.g., a freestanding structure over gasoline pumps).

ERECT: To build, construct, attach, hang, place, suspend or affix, including the painting of wall signs.

ESTABLISHMENT: Land or premises occupying a separate, physical space (e.g., room, building, floor of a building, suite, tax map parcel) and with its own separate entrance, which is occupied by one or more "persons" as defined herein (e.g., a business or single-family home).

FACADE: The face or elevation of a building facing any street or road.

FACING or SURFACE: The surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

FLAG: A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope.

FOOTCANDLE (fc): A unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot.

ILLUMINANCE: The intensity or degree to which something is illuminated measured in lumens; therefore not the amount of light produced by the light source.

LIGHT POLLUTION: Also known as "obtrusive light" and "stray light"; a term used to broadly describe light that is either too bright for its intended purpose or that shines where it is not needed or wanted. There are three forms or components of light pollution that may pertain to sign illumination. These are sky glow (sky brightness caused by artificial light reflecting off the atmosphere), light trespass (light spilling out of the intended area), and glare (light shining in the eyes causing discomfort or disability in distinguishing nearby objects.)

LOT: A tax map parcel.

MAINTENANCE (OF SIGNS): Replacement, without substantial change of any parts or supports, of any sign, and the repair or repainting of a sign without change of text, design, color, or size of any sign, without removal of the sign from the wall or its supporting structure.

PERSON: Any human being, firm, partnership, association, corporation, company or organization of any kind.

PREMISES: Synonym for "establishment," defined above.

SIGN: Every physical object displayed on real property, including land and structures thereon, to the general public containing words or symbols, whether temporary or permanent, and every marquee, awning, canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out-of-doors in view of the general public or affixed to or clearly visible through a window from a public way (e.g., road, sidewalk, path). Holiday decorations are not considered signs.

SIGN STRUCTURE: The supports, uprights, bracing and framework for a sign. In the case of a sign structure consisting of two or more sides where the angle formed between any two of the sides or the projections thereof exceeds 30°, each side shall be considered a separate sign structure.

SIGN SURFACE AREA: The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Sign area maximum applies to one face of the sign.

SIGN, AREA: The area included within the frame or border of the sign. Where the sign has no frame or border, the area shall be the minimum area which can be defined by and enclosed by a four-sided (straight sides) geometric shape which most closely outlines said sign.

SIGN, DOUBLE COLUMN: A freestanding sign where two vertical columns of a dimension of at least eight inches by eight inches square or eight-inch diameter are placed with a sign panel affixed between the columns. The maximum dimension from the bottom of the sign panel to the ground plane is three feet. See Figure 1.D for a graphic depiction.

SIGN, DOUBLE POST: A freestanding sign where two posts are affixed behind or under the sign panel and support the sign. Where the posts are visible, they must have a decorative finish. The maximum dimension from the bottom of the sign panel to the ground plane is three feet. See Figure 1.E for a graphic depiction.

SIGN, ELECTRONIC MESSAGE CENTER: A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. See Town Code § 167-27.2.1 for requirements.

SIGN, FREESTANDING: A sign supported by one or more poles, columns, or supports placed in or on the ground and not attached to any building or structure. Refer to Figure 1 for visual examples for allowed freestanding styles.

SIGN, ILLUMINATED: Any sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.

SIGN, ILLUMINATED WINDOW: Any illuminated sign placed in the window of a business.

SIGN, MONOLITH: A freestanding sign, strongly vertical in nature, where the support and sign area are or appear to be made entirely of one piece. See Figure 1.C for a graphic depiction.

SIGN, MONUMENT: A sign built as a structure on the ground using brick, decorative stone or other solid materials and incorporating decorative elements into a minimum of 25% of the square feet of the structure and sign area. These structures may be single-sided or double-sided based on positioning on the site. The Planning Board may allow one or two per entranceway depending on the site plan review process. See Figure 1.F for a graphic depiction.

SIGN, NONCONFORMING: All signs erected prior to the effective date of this section which do not conform to the provisions and standards contained herein are nonconforming signs.

SIGN, POLE: A sign supported entirely by a single pole affixed to the ground. This sign type is prohibited in all zones.

SIGN, PORTABLE: A sign or poster board of any material capable of being moved from one location to another and not structurally attached to the ground or a building, whether on its own trailer or wheels or otherwise designed to be movable.

SIGN, PROJECTING: Any sign which is attached to a building and extends beyond the line of said building or beyond the surface of that portion of the building to which it is attached.

SIGN, PYLON: A freestanding sign made up of a vertical decorative support structure onto which the sign area is affixed. The support structure width must be at least 25% of the width of the widest sign panel area. Multiple sign panels may be affixed onto the support structure. See Figure 1.A and 1.B for a graphic depiction.

SIGN, ROOF: Any sign erected, constructed and maintained wholly upon or over the roof of any building, with its principal support on the roof structure.

SIGN, SANDWICH BOARD: A sign designed to be movable, not structurally attached to the ground, a building, a structure, or another sign, with a maximum of two sides, which shall be a maximum of three feet wide by four feet high per side, and with support legs extending from the bottom of the sign to the ground, no more than one foot in length.

SIGN, SOFFIT: A sign hung from under and within an overhang, which is attached to a building, and which covers a walkway serving that building.

SIGN, WALL: All flat signs of solid-face construction which are placed against a building and attached to the exterior front, rear or side wall of any building so that the display surface is parallel to the plane of the wall. Signs painted on an exterior of a wall shall be deemed to be wall signs subject to this chapter.

SIGN, WINDOW: A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window or door material, or a sign clearly visible through a window from such a public location.

TEMPORARY SIGN: Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, including portable signs, sandwich board signs and banners.

TENANT: A legally permitted occupant, other than the owner, of an "establishment" as defined herein.

Editor's Note: See Figure 1, On-Premise Allowed Sign Types, which is on file in the Town offices.

General regulations.

(1)

Except as otherwise provided herein, no person, firm or corporation shall hereinafter erect, re-erect, construct, modify, or alter a sign, or take any actions regulated by this chapter without first obtaining a permit issued by the Town Code Enforcement Officer, and except for the erection of noncommercial signs on property zoned and used as residential land. All commercial sign erection or changes must undergo site plan review, unless waived by the Code Enforcement Officer, or project plan review, as appropriate.

(2)

Every application for a sign permit shall be accompanied by plans to scale showing the area of the sign; the position of the sign in relation to nearby buildings or structures; the location of the building, structure or lot to which or upon which the sign is to be attached or erected; the method of illumination, if any; and indicating narrative showing compliance with appropriate construction standards.

(3)

No sign shall be erected which may cause hazardous or unsafe conditions. If such a sign exists, it shall be removed forthwith upon direction of the Building and Planning Department following notification either to the owner or occupant of the premises upon which the sign is located.

(4)

Signs within municipal roads and rights-of-way.

(a)

No permanent sign shall be erected within the limits of any Town, county, or state highway or road, including the right-of-way thereof, unless otherwise authorized by the governmental body with jurisdiction over such highway or road.

(b)

No temporary sign shall be erected within the limits of any Town, county, or state highway or road, including the right-of-way thereof, except as follows:

[1]

No such temporary sign with substantially the same content shall be allowed to be erected and displayed for more than 65 days in the aggregate in any calendar year.

[2]

No such temporary sign shall exceed nine square feet, nor shall the height of the top edge of any such sign exceed 42 inches.

[3]

No such temporary sign shall be erected at a location blocking the line of sight of motor vehicles or pedestrians using or traversing the highway or road.

[4]

No more than two temporary signs with substantially the same content may be erected by any person at the intersection of any two highways or roads, or segments thereof.

[5]

No more than one temporary sign with substantially the same content, per 100 yards, not including those erected in an intersection, shall be erected by any person.

[6]

All temporary signs, either by their content, or together with the information required by Subsection B(4)(b)[7] below, shall contain sufficient information as will enable the Town Code Enforcement Officer to readily identify and contact the owner thereof.

[7]

Prior to erecting more than six temporary signs with substantially the same content, any person seeking to do so shall first provide to the Town Building and Planning Department, in writing, with the following information: the name and current address and telephone number of the owner thereof; a brief description of the content of the signs; the period of time, not exceeding 65 days, during which such signs shall remain erected.

[8]

Nothing in this Subsection B(4) shall be construed as to authorize the erection of any sign within the limits of any county or state highway or road, including the right-of-way thereof, if otherwise prohibited by law.

(5)

No permanent or temporary sign shall be erected within the confines of any median, traffic circle or roundabout or within 50 feet of the outer edge of pavement of a traffic circle or roundabout except as authorized by the governmental entity having jurisdiction thereof.

(6)

No permanent or temporary sign shall be erected on any real property owned by the Town, except signs erected by the Town, signs authorized by the Town Board, or temporary signs on any Town highway or road, including the right-of-way thereof, meeting the requirements and standards of Subsection B(4)(b) of this section.

(7)

Waiver of fees for public service signs. The Town of Malta recognizes that there is a public benefit to signs erected by not-for-profit community service organizations which exceeds the value of fees which would otherwise be chargeable to such organizations for review of sign applications. Accordingly, no fees shall be charged by the Town for permanent signs erected by not-for-profit community service organizations to be used for noncommercial purposes, and which otherwise meet all other requirements of this section.

(8)

Off-premises advertising signs shall only be permitted in the Off-Premises Sign Zone. See § 167-27.1, Off-Premises Sign Overlay Zone.

(9)

Historical markers shall be erected by the Town Highway Department following approval and purchase by the Town Board with the advice of the Town Historian as to content, form and dimensions.

(10)

Unless otherwise provided for in this section, no sign may have more than two sides, and any reference to the total square footage of allowable signage shall mean the total amount on one side.

(11)

Unless otherwise specified, square footage of a sign shall mean the square footage of each used side of a sign.

(12)

The Town finds that there is an overriding public interest in providing special forms of signs for government and emergency services organizations. Electronic message centers (EMCs) are a unique outlet for safety information to be disseminated for which there is no substitute. EMCs are, therefore, allowed for these uses. EMCs shall not be wider than seven feet nor more than eight feet from the ground. The lighted portion shall not begin more than 40 inches from the ground, nor extend beyond 70 inches from the ground.

(13)

Signs allowed based on content. The following signs are allowed, based upon their content, to be placed anywhere in Town, because they are necessary for personal and public safety and the Town finds that there is no substitute to a content-based test for these signs. They are permitted and shall not be deducted from the total square footage of signage allowed, provided that they do not exceed two square feet per sign per side or, if a flag, do not exceed six square feet per side.

(a)

Open/closed;

(b)

No u-turns;

(c)

No soliciting;

(d)

Private property;

(e)

No trespassing;

(f)

No hunting;

(g)

Warning; and

(h)

Private drive.

(14)

All permanent commercial signs shall incorporate the address number at the top of the sign. The address number shall be displayed in Arabic numbers or alphabetical letters with each character not less than four inches in height with a stroke width of not less than 0.5 inch and made out of a reflective material or illuminated.

(15)

An illuminated window sign may not exceed a maximum of four square feet in area.

(16)

All new residences shall have the address number displayed in accordance with state and county requirements. When a mailbox is located in front of the home, numbering may be placed on the mailbox or post; where mailboxes are in a collective location, each residence shall have a monument, pole or other structure clearly visible from the adjacent road and its driveway for the purpose of displaying the address number.

(17)

Signs are encouraged to be decorative, creative and to be a unique identifier for the business. Objects for sale or other icons or symbols of the business's branding, provided they are not obscene or misleading, may be incorporated into a sign but shall be included in the sign height and shall count towards decorative percent of total signage if applicable.

(18)

Total sign height shall be measured from the lowest point of the ground directly below the sign to the highest point of the freestanding sign or sign structure. Exception: Where a freestanding sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the freestanding sign or sign structure, then the sign height will be measured from the roadway grade level to the highest point of the freestanding sign or sign structure.

Construction standards.

(1)

All illuminated signs, or signs using electrical power, shall bear the Underwriters Laboratories, Inc. seal, or be inspected and certified by a Town-authorized electrical inspector. All such signs may not be used unless a certificate of compliance has been obtained from the Town of Malta with respect to the sign's original erection, and with respect to modification of said sign or electrical components within such sign.

(2)

All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square feet of surface area.

(3)

All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.

(4)

All commercial signs shall be constructed of durable materials and shall be maintained in a good condition.

(5)

No sign shall project beyond property lines or over public sidewalk areas or vehicular traffic areas unless otherwise provided.

(6)

No sign shall be located higher than the building to which it is attached.

(7)

All wiring to freestanding signs shall be underground and/or concealed within the sign structure.

Sign lighting.

(1)

Illuminated signs visible from a road shall not cause glare, nor shall they be in such a position or such color as will hamper the readability of traffic lights or traffic signs.

(2)

Lighting directed toward a sign must be shielded so that it illuminates only the face of the sign and does not shine directly onto public way (e.g., road, sidewalk, path) or adjacent properties.

(3)

Projecting light fixtures used for externally illuminated signs must be simple and unobtrusive in appearance, and not obscure the sign.

Signs in shopping centers/malls.

(1)

Each shopping center/mall with five or more tenants may have one double-faced sign 25% taller and 25% larger than what is allowed according to Figure 2, Sign Chart. For shopping centers with fewer than five stores or tenants, the maximum square footage for this sign shall be equal to what is allowed according to Figure 2. Directory signs internal to the site are allowed, the number and placement to be approved during site plan or project plan review or by Code Enforcement Officer at the time of sign permit.

Editor's Note: Figure 2, Sign Chart, is on file in the Town offices.

(2)

Tenants.

(a)

Each tenant shall be authorized a sign; however, such sign shall not exceed 5% of the facade of the portion of the shopping center leased by the tenant and shall not exceed a maximum of 100 square feet. Such signs shall be at least three feet above the ground and shall not exceed the height of the facade. If the space such tenant occupies has more than one side of the mall building and therefore more than one facade, the tenant shall be authorized a maximum of two signs to be placed on the building's facade; the total area of both signs shall not exceed 5% of the total facade area.

(b)

All signs shall be of a uniform, harmonious design and shall be affixed to the facade of the building.

Temporary signs.

(1)

Portable signs.

(a)

"Portable signs" shall mean signs or poster boards of any material which are capable of being moved from one location to another, and include, but are not limited to, signs mounted on trailers and signs mounted on frames placed on the surface of any lot or having no permanent attachment to the ground, building or structure.

(b)

Portable signs shall be used only in commercial districts for a new business or a business in a new location that is awaiting installation of a permanent sign.

(c)

Portable signs may only be used for a period of 60 days or until installation of a permanent sign, whichever occurs first.

(d)

Portable signs shall meet all the construction standards of the municipality.

(e)

A separate permit for each portable sign is required.

(2)

Sandwich board signs.

(a)

Use of a sandwich board sign requires no permit or fee.

(b)

Sandwich board signs are allowed in all commercial districts, and in any other district at the location of a legal nonconforming business or commercial use. One sign is allowed per business, with a maximum of four for any tax map parcel.

(c)

Sandwich board signs may not be illuminated.

(3)

Banner signs. A banner, not exceeding 16 square feet per side, may, upon obtaining a permit for such banner, be displayed by a business for a period not exceeding 15 days, with four such permits being allowed in any calendar year, for any individual business. A banner may be horizontal or vertical but must be secured such that it is substantially static. Such banners shall conform to the requirements set forth in the .

Editor's Note: Said table is included at the end of this chapter.

Prohibitions.

(1)

Off-premises signs are only permitted under the exempt signs provisions of this section.

(2)

No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights.

(3)

No sign shall contain any moving parts, other than the arms of a clock.

(4)

No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement.

(5)

No sign shall impair visibility for the motorist at a street corner or intersection by placement and location within 25 feet of the intersection of the street or highway lines.

(6)

Except as otherwise provided herein, no sign shall consist of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.

(7)

Neon window signs are prohibited within the Downtown Parade Grounds and on historic landmarks. Neon and tubular gas signs are prohibited.

Sign removal.

(1)

It is a violation of this article for any sign to be abandoned, or to go into disrepair and become unsafe, insecure or a menace to the public. If any sign is in violation of this provision, it shall be removed by the owner of the property.

(2)

The Code Enforcement Officer shall give written notice to the named owner of the land upon which any such signs are located. The owner shall remove or repair the sign within 30 days from the date of the notice. Owners failing to comply with such notice may be fined up to $250 per day until such sign is removed or repaired as required in such notice.

Signs exempt from permits. The following signs are exempt from permits:

(1)

Upon confirmation by the Code Enforcement Officer, historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material, not exceeding six square feet.

(2)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(3)

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zone, entrances and exits, subject to site plan review.

(4)

Nonilluminated no U-turns, no soliciting, private property, posted/no trespassing, no hunting, warning, and private drive not exceeding two square feet. Open/closed signs not exceeding two square feet per side, or if a flag, six square feet per side. See Subsection B(12) above.

(5)

Number and name plates identifying residences or businesses mounted on the house, building, apartment or mailbox, not exceeding one square foot in area.

(6)

Lawn signs identifying residences, not exceeding one square foot or two square feet if double-faced. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.

(7)

Commercial on-premises signs may be posted at a residence continuously, but must be removed within three days after the event taking place, or the product being sold or rented. One nonilluminated sign not exceeding four square feet is allowed per residence and it must be set back from all property lines as required.

(8)

Temporary, nonilluminated window signs and posters not exceeding 25% of the window surface.

(9)

One sign, not exceeding six square feet in a residential district or 32 square feet in a commercial district, where construction, renovation or repair is in progress.

(10)

Sandwich board signs when placed in accordance with Subsection F(2) above.

(11)

Nonilluminated, noncommercial signs on real property zoned and used as residential, such signs not to exceed [x] per [y square feet], and not to exceed [z-sf] in size.