§ 220-79. Compliance.  


Latest version.
  • A. 
    Signs classification by purpose. All signs within the Town of Canandaigua shall hereafter be classified as either commercial speech or noncommercial speech signs based upon their purpose.
    B. 
    Conformance required. No sign, whether commercial speech or noncommercial speech, shall be permitted in the Town of Canandaigua except in conformity with the provisions of this chapter.
    C. 
    Continuance of nonconforming signs.
    (1) 
    Lawfully erected single on-site nonconforming signs. With the exception of off-site signs prohibited herein by § 220-87D and with the exception of any sign found to be a traffic hazard by virtue of an inadequate setback from a public right-of-way, upon any parcel, a single building-mounted sign and a single ground sign, each of which has been lawfully erected and each of which was first made nonconforming by Local Law No. 4 of 1989 or was first made nonconforming by subsequent amendments to the Town Zoning Law and which continue to be nonconforming under the Town Zoning Law shall be allowed to continue until January 22, 2000. After that date, any such nonconforming sign(s) shall be considered to be in violation of the Town Zoning Law and subject to removal pursuant to § 220-90 herein.
    (2) 
    Lawfully erected off-site signs and lawfully erected multiple on-site nonconforming signs. The following nonconforming signs shall only be allowed to continue for the period defined in Subsection C(4). The effective date of that amortization period shall be the date of receipt of initial notification of the nonconforming sign by the property owner. At the termination of that amortization period, said signs shall be considered to be in violation of the Town Zoning Law and subject to removal pursuant to § 220-90 herein:
    (a) 
    Off-site signs. Any lawfully erected sign prohibited herein by § 220-87D which was first made nonconforming by Local Law No. 4 of 1989 and which continues to be nonconforming under the Town Zoning Law; and
    (b) 
    Multiple on-site signs. Any lawfully erected on-site sign which was first made nonconforming by Local Law No. 4 of 1989 and which continues to be nonconforming under the Town Zoning Law and which has not been designated as either the single building-mounted sign or the single ground sign accorded an extended time to continue pursuant to Subsection C(1) above.
    (3) 
    Nonconforming signs not lawfully erected. Any sign made nonconforming by this or any prior local law which was not lawfully erected shall be considered to be in violation of this chapter and subject to removal pursuant to § 220-90 herein.
    (4) 
    Alteration of nonconforming signs. Except for maintenance required to keep a sign in good repair, nonconforming signs shall not be altered, rebuilt, enlarged, extended or relocated, unless such action changes a nonconforming sign into a conforming sign.
    (5) 
    Amortization schedule for the removal of off-site signs.
    Fair Market Value on Date of Notice of Removal Requirement
    Years Allowed
    Under $1,999
    3
    $2,000 to $3,999
    4
    $4,000 to $5,999
    6
    $6,000 to $7,999
    7
    $8,000 to $9,999
    9
    $10,000 and over
    10
    D. 
    Exempt signs.
    (1) 
    Governmental signs. The regulations specified herein shall not apply to any sign or directional device erected by any governmental agency to serve a governmental purpose, any identification sign indicating the location of underground utility lines, any posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York or any other sign required to be erected by laws of the United States or the State of New York.
    (2) 
    Civic and community service signs. The regulations specified herein shall not apply to any sign found by the Canandaigua Town Board to be necessary to a civic or community service or otherwise necessary to serve the public interest, provided the findings of such board describe the nature, including size, location, design, illumination and duration of any such sign found to be necessary.