The intent of these provisions is to promote and protect the
public health, safety and welfare by providing comprehensive time,
place and manner restrictions on signage, which shall include controls
on size, height, quantity, location, spacing, shape, scale, proportion,
lighting, motion, design and appearance. More specifically, the provisions
of this article are intended to accomplish the following:
A.
Protect and enhance community appearance.
B.
Encourage commercial signs and graphics to be designed so as to be
functional and compatible with the aesthetic appearance of the building
they are located on and the surrounding neighborhoods.
C.
Reduce the frequency and magnitude of hazards to motorists and pedestrians
caused by sign obstructions and distractions.
D.
Preserve and create more attractive business and residential environments.
E.
Conserve the value of buildings and properties and preserve existing
neighborhood character.
As used in this article, the following terms shall have the
meanings indicated:
A portable sign with two or more steeply angled sides not
to exceed six square feet on each side.
A prominent or significant part or element of a building,
structure or site.
Any flag, streamer, spinner, light, balloon or similar device
or ornamentation used for purposes of attracting attention for promotion.
A roof-like protective cover over a door, entrance, window
or outdoor service area that projects from the face of a structure
and is constructed of durable materials, including but not limited
to fabrics and/or plastics.
Any sign that is a part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a canopy.
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or a building by a permanent frame at
one or more edges.
Any sign of lightweight fabric or similar material that is
temporarily mounted to a pole or a building. Banner shall not exceed
two square feet for each lineal foot of width of the building or space.
A surface whereon advertising matter is set in view conspicuously
and which advertising does not apply to premises or any uses of premises
wherein it is displayed or posted.
A sign listing the tenants or occupants of a building or
group of buildings and that may indicate their respective professions
or business activities.
The width of a building facing a street or public parking
lot; in the case of a corner lot, it may be either frontage, at the
option of the applicant. Where a mall exists, "building frontage"
shall mean that portion of the building perimeter facing a street
or designated parking area; in the case of two such perimeters, it
may be either frontage, at the option of the applicant.
See "changeable-copy sign."
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign.
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. Such sign is mounted on wheels or easily transported.
Characters, letters or illustrations that can be changed
or rearranged on a changeable-copy sign.
Any sign limited to directional messages, principally for
pedestrian or vehicular traffic, such as "one-way," "entrance" and
"exit."
A direct entrance from a public way to a habitable or tenantable
space.
See "wall sign."
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity.
A sign supported by one or more upright poles, columns or
braces placed in or on the ground and not attached to any building
or structure. Such sign may have permanent or changeable copy.
A sign which is an integral part of a building facade. The
sign is painted directly on, carved in or otherwise permanently embedded
in the facade.
See "freestanding sign."
See "projecting sign."
Temporary signs, in the nature of decorations, clearly incidental
to and customarily and commonly associated with any national, local
or religious holiday.
A sign designed to give forth artificial light directly from
a source of light within such a sign.
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere on the lot where said illumination
occurs.
Any picture, shape or drawing, with or without letters or
words, used to identify a product, service, business or organization.
Any hood, awning or permanent construction that projects
from a wall of a building, usually above an entrance.
See "portable sign."
Any sign that does not meet the requirements of this article.
A sign that is mounted on a freestanding pole or other supports.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election
or caucus.
A sign, whether on its own trailer, wheels or otherwise,
designed to be mobile and not structurally attached to the ground,
a building, a structure or another sign.
Any sign other than a wall sign that is attached to and projects
from the wall or face of a building or structure.
Any material or device which has the effect of intensifying
reflected light, such as Scotchlite™, Dayglo™ or glass
beads.
A sign that is mounted upon the roof of a building.
See "A-frame sign."
Letters on a sign with transparent background, such as lettering
on a window.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out-of-doors or on
the exterior of any building or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when such is placed in view of the general public.
No sign shall be hereafter erected, placed or maintained
at any place in the Town of Livonia except as provided by this article
and only after a permit therefor has been obtained in compliance with
the provisions of this article, unless stated otherwise.
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines said sign.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Sign applicable to business and special events. No such sign
shall be displayed for more than 30 days each calendar year.
An occupant who temporarily holds or occupies land, a building
or other property owned by another.
A sign designed or intended to identify a tenant, occupant
or establishment.
Signs displayed on licensed and registered motor vehicles
which are used in conjunction with a business.
A sign attached to and erected parallel to the face of a
building and supported throughout its length by such building. Such
sign may have permanent or changeable copy.
The total area of any single window pane or series of window
panes separated by mullions.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material or located inside
within four feet of the window, but not including graphics in connection
with customary window display of products.
A window sign not permanently affixed that does not identify
the tenant, occupant or establishment and is limited to a maximum
use of 120 days.
The classification of lands as established in this chapter.
A.
Upon the adoption of this article, all nonconforming signs shall
cease and desist at the time when there is any one or more of the
following:
(1)
A change in ownership.
(2)
A change in activity.
(3)
Failure to maintain signs.
(4)
Destruction or damage of said sign to the extent of 51% of its replacement
cost as of the time of the destruction or damage.
(5)
Creation of a hazard or disturbance to the health, safety and welfare
of the general public, as determined by the Code Enforcement Officer.
B.
For the purpose of this chapter, the term "sign" does not include:
(1)
Signs erected and maintained pursuant to and in discharge of any
governmental function, including state or federal historic markers,
or required by any law, ordinance or governmental regulation.
(2)
Repainting, cleaning and other normal maintenance and repair of a
sign or sign structure, unless a structural change is made or if the
repair is in violation of the sign regulations.
(3)
Memorial tablets or signs and locally designated historic markers
not exceeding two square feet in area.
(4)
Flags, emblems or insignias of the United States, the State of New
York, town, village or counties, other countries and states, the United
Nations or similar organizations of which this nation is a member.
(5)
Signs for the direction or convenience of the public, including signs
which identify rest rooms or locations of public telephones or traffic
control devices; however, the total area shall not exceed two square
feet.
Signs are important components of the streetscape. However,
signs do more than communicate information. By the quality of their
design, they can either contribute to or diminish the character or
appearance of structures as a whole. They can serve as attractive
accents, or they can clutter and detract from the street's character.
The purpose of these general requirements is to promote the visual
cohesiveness of the streetscape by encouraging signs to be harmonious
with the architecture of each building and the character of the surrounding
area.
A.
No sign shall be permitted in any zoning district except in compliance
with the provisions of this chapter.
B.
No sign shall be erected, altered, moved or used without first obtaining
a sign permit where required, and signs shall be used only for a permitted
use, conditionally permitted use or for a nonconforming use which
may lawfully continue in accordance with the terms of this chapter.
C.
The Joint Planning Board as part of site plan or subdivision review,
or the Code Enforcement Officer in reviewing sign permits not subject
to such review, shall consider the compatibility of the sign's location,
color(s), lettering, size and overall design with on-site and adjacent
architecture and community character.
D.
If any sign consists of banners, posters, pennants, ribbons, streamers,
spinners, balloons, searchlights and other similar moving, fluttering
or revolving, flashing, smoke-generating or visual signal generation
or animated devices that creates an adverse impact on safe traffic
movements or strings of lights used for the purpose of advertising,
illumination or attracting attention, the Code Enforcement Officer
will have the authority to have the offending sign or part thereof
removed.
E.
Pictorial designs, logos and trademarks shall be permitted, provided
that they are incorporated in and made a part of a permitted sign
face and the area thereof is included in calculating the total permitted
sign face area allowed under this chapter.
F.
No application for approval of signs or for a sign permit shall be
processed or permitted unless permission is granted from the property
owner.
G.
No sign shall project across or over a property line or lease line,
nor be in a public right-of-way.
H.
All signs shall comply with applicable provisions of the State of
New York Uniform Fire Prevention and Building Code.
I.
Roof signs shall not exceed 18 square feet in area and no more than
1/2 of the width of the building. For buildings with multilevel roofs,
signs are permitted only on the lowest roof and shall not exceed 10
feet in height from the mounting point on the roof.
J.
Maintenance of all signs:
(1)
All signs and all components thereof, including supports, braces
and anchors, shall be kept in a good state of repair.
(2)
If the message portion of a sign is removed or a business or other
activity is no longer operating, it shall be the property owner's
responsibility to assure that the abandoned sign is promptly removed
or properly covered to the satisfaction of the Code Enforcement Officer.
L.
Billboards are prohibited in all zoning districts.
M.
Signs containing luminous material, sequin-studded letters or lettering
with fluorescent paint are prohibited.
N.
No sign shall be erected or allowed to exist so as to constitute
a traffic hazard. No sign or other advertising structure as regulated
by any of the provisions of this section shall be erected at the intersection
of any streets in such a manner as to obstruct free and clear vision;
or at any location where, by reason of position, shape or color, it
may interfere with, obstruct the view of or be confused with any authorized
traffic sign, signal or device or makes use of words, phrases, symbols
or characters in such a manner as to interfere with, mislead or confuse
traffic.
Off-premises signs are not permitted except as follows. Signs
permitted within this section may also be on-premises.
A.
Signs necessary for the direction, regulation and control of traffic,
street name signs, legal notices, warnings at railroad crossings and
other official signs which are similarly authorized or erected by
a duly constituted governmental body.
C.
Political signs shall be permitted to be displayed off premises, provided that permission is granted by the owner of the property on which they are displayed, and subject to the requirements in § 150-95F.
D.
Signs of civic organizations.
E.
Temporary signs directing persons to a real estate open house. Signs
shall be freestanding and shall be no larger than four square feet
and no higher than four feet from grade. Signs shall not be attached
to any utility poles, guardrails, fences or any other roadside structures.
No sign shall be place until the day of the open house, and all signs
shall be removed from public view each day. A sign permit is not required.
The following signs are permitted in any appropriate district
without a permit:
A.
A nameplate, which shall not exceed two square feet in area on each
side and must be attached to the building in some manner.
C.
Signs advertising the sale, lease or rental of the premises upon
which the sign is located, which sign shall not exceed six square
feet in area, provided that such sign is erected or displayed not
less than five feet from the property line. There shall not be more
than one such sign per lot, except that on a corner lot two signs,
one facing each street, shall be permitted. Such sign shall be removed
within 24 hours after the time of sale, lease or rental.
D.
Signs customarily incidental to places of worship, libraries, museums,
social clubs or societies, which signs or bulletin boards shall not
exceed 16 square feet in area and shall be located on the premises
of such institution, provided that such signs or bulletin boards are
erected or displayed not closer than 10 feet to any property line.
There shall not be more than one bulletin board per lot, except that
on a corner lot two signs, one facing each street, shall be permitted.
E.
Signs announcing "no trespassing," signs indicating the private nature
of the road, driveway or premises, and signs controlling the fishing
or hunting on the premises, provided that the area of any one side
of any such sign shall not exceed two square feet.
F.
Political signs shall be permitted to be displayed, provided that
permission is granted by the owner of the property on which it is
displayed. Such sign shall not exceed six square feet in area and
shall not project more than four feet in height above the natural
grade on which the sign is located. Political signs may be erected
not more than 30 days prior to the election or caucus to which they
relate and shall be removed by the owner or occupant of the property
not later than seven days thereafter. There shall be no more than
one sign per candidate on each property. Any sign attached to a vehicle
shall count as one of the allowed signs.
G.
Signs/banners directing persons to temporary exhibits, shows or events
and sponsored by a nonprofit organization may be erected, subject
to the following requirements:
(1)
Permission is granted by a property owner, including state, county,
town, village, utility companies and businesses, in writing, that
a sign may be erected.
(2)
Banners shall not exceed 30 inches in height and 40 feet in length.
(3)
Signs shall not be posted earlier than four weeks before the occurrence
of the exhibit, show or event and shall be removed within one week
after the exhibit, show or event.
H.
Window signs are permitted in all districts, provided that the following
standards are complied with:
I.
Credit card advertisements or trade association emblems which are
displayed together in an area which does not exceed one square foot
may be displayed. Such signs shall be displayed flat on window or
door surfaces. The purpose of these signs shall be solely to offer
a service and not to advertise the business.
J.
One temporary sandwich or A-frame sign is permitted to identify premises
for sale, rent, lease or directional; to identify a promotional sales
event; to identify special exhibits, shows or events; or to identify
a business conducted on the property, which said sign shall not exceed
six square feet on each side, to be used during the event/business
hours only, and not to exceed four feet above the natural grade on
which the sign is located. Such signs are subject to the requirements
provided in this section. No such sign shall be located in the street
right-of-way. Permanent sandwich or A-frame signs are prohibited.
A.
Home occupation sign. One home occupation sign shall be permitted
for an approved home occupation. Such sign shall be no larger than
10 square feet in sign area, shall not be closer than 10 feet from
any property line, and, if a ground sign, shall not exceed four feet
in height above the natural grade on which the sign is located. The
sign may contain only the name and/or name of business and/or occupation
of the resident. A sign permit is not required.
B.
Development signs:
(1)
Development signs shall be permitted at the main entrances of a development
or subdivision of real property located outside the incorporated Village
of Livonia, provided that such subdivision shall contain at least
five subdivision lots. A development sign shall be limited in height
to not more than six feet above the natural grade on which the sign
is located and shall be limited to 16 square feet in area. All development
signs shall be freestanding and composed of durable materials and
shall be complementary in design to the development or the surrounding
area. Development signs shall require a sign permit and be subject
to the criteria and standards of this article and additional standards
required by the Joint Planning Board through the subdivision approval
process.
(2)
If proposed for location in the public road right-of-way, permanent
provisions for sign maintenance are required. Generally, such signs
are only allowed if part of a subdivision with a homeowners' association.
Alternative long-term maintenance arrangements must be acceptable
to the Joint Planning Board.
(3)
If proposed for location on private property outside the public road
right-of-way, the owner of the property on which the sign is located
shall be responsible for maintenance of the sign. A note to this effect
shall be shown on the subdivision plan.
(4)
Temporary development signs may be erected in suitable locations
within the public road right-of-way or on adjacent public property
Such signs shall be removed by the owner or subdivision applicant
when the last lot is sold or upon failure to maintain sign.
C.
Message signs. A message sign shall not exceed six square feet in
area, shall not be any closer than 10 feet from any property line
and shall not project more than four feet in height above the natural
grade on which the sign is located. A sign permit is not required.
D.
Garage sale signs. One nonilluminated sign on the premises, not exceeding
four square feet in area, advertising a garage sale, shall be no closer
than 10 feet to any side property line and shall project no more than
four feet in height above the natural grade on which the sign is located.
Such signs shall be erected not more than 72 hours prior to the garage
sale and shall be removed at the conclusion of the garage sale. A
sign permit is not required.
E.
Home improvement/contractor signs. Any temporary sign, not to exceed
six square feet in area, identifying the name and services of a contractor/engineer/architect
involved in a home improvement/contract or project within or upon
the premises. Any such sign shall be placed no closer than 10 feet
to any side property line, shall project no more than four feet in
height above the natural grade on which the sign is located and shall
not limit visibility for safe entrance into a highway or interfere
with pedestrian traffic. The sign shall be removed after the completion
of the improvement project but not to exceed one year. A sign permit
is not required.
F.
Townhouses or apartments. One identification sign, not to exceed
16 square feet in area, indicating only the name and street address
of the project, shall be permitted for each project. Such sign shall
not be closer than 10 feet to any property line and shall not project
more than six feet in height above the natural grade on which the
sign is located. In the case of a wall sign, such sign shall not exceed
12 square feet in area, indicating only the name and street address
of the project. Identification signs shall be subject to the criteria
and standards of this article and the Joint Planning Board.
G.
Businesses in residential, mixed use or mixed use hamlet districts
shall comply with the Business District requirements for signs unless
otherwise restricted in this article.
A.
Business identification signs.
(1)
Wall signs.
(a)
One wall sign not to exceed two square feet for each linear
foot of width of the front of the wall of the building or portion
of the building occupied by the business or a maximum of 100 square
feet, whichever is less.
(b)
For multiple-story buildings, wall signs shall only be permitted
on the ground floor.
(c)
The sign should identify the owner or enterprise conducting
the business, the business engaged in upon the premises or products
or services sold, or any combination of these.
(d)
Where a building has frontage on more than one street or public
highway, one wall sign is permitted for each street frontage.
(2)
Building directory sign for a multiple-use structure. One building
directory sign indicating the name of the occupants of the building
and the building number in order to direct persons to their proper
destination once they are on site shall be permitted. Signs are to
be no larger than 16 square feet in area on each side, including the
nameplates of all the tenants or uses, and shall project not more
than six feet in height above the natural grade on which the sign
is located. The proposed sign's construction shall complement the
architectural style and materials of the building it will serve. The
proposed sign shall be subject to Joint Planning Board review through
the site plan approval process and shall require a sign permit. In
determining the design, location and hours of illumination, the Board
shall be guided by other pertinent sections of this chapter.
B.
One projecting sign, provided that:
(1)
Such sign shall not exceed six square feet in area and shall not
project more than four feet from the wall or surface to which it is
mounted.
(2)
Such sign shall be at least eight feet to the bottom of the sign
above the ground level immediately below and shall not in any way
interfere with normal pedestrian or vehicular traffic.
(3)
There shall be no more than one projecting sign for each business
or public entrance.
(4)
The supporting structure shall not be included in calculation of
the sign area.
C.
One on-premises freestanding business sign, provided that:
(1)
It indicates the name of the business. Such sign shall be no larger
than 20 square feet in area and shall not project more than 10 feet
in height above the natural grade on which the sign is located. The
proposed sign's construction shall complement the architectural style
and materials of the building it will serve. The proposed sign shall
be subject to Joint Planning Board review through the site plan approval
process and shall require a sign permit. In determining the design,
location and hours of illumination, the Board shall be guided by other
pertinent sections of this chapter.
(2)
Only one such sign shall be permitted on each property. In the case
of a lot occupied or intended to be occupied by multiple business
enterprises (i.e., a neighborhood or community shopping center or
plaza), one freestanding sign indicating the name of the development
and the individual businesses shall be permitted.
(3)
Such a sign may be double-faced.
(4)
All freestanding signs shall be located at least 10 feet from any
property line. Where property abuts a public right-of-way, the freestanding
sign shall be set back at least 10 feet from the right-of-way.
(5)
The location of the sign is such so as not to interfere with visibility
for vehicular/pedestrian traffic entering or leaving the lot or traveling
on any street.
D.
Signs for direction, provided that such sign(s) do not exceed two
square feet in area. Such signs may indicate the entrance and exit
to the property and location of parking. Such signs shall not project
more than four feet in height above the natural grade on which the
sign is located and shall be no closer than five feet to any property
line.
A.
Vehicular signs. Signs displayed on licensed and registered motor
vehicles which are used in conjunction with a business, provided that:
B.
Awnings and/or canopy signs. Awnings and/or canopy signs are movable
or fixed ornamental roof-like structures extended from the face of
a structure and constructed of durable materials, including fabrics,
which may contain their own illumination and may display lettering
or other business insignia.
(1)
No part of any awning or canopy shall:
(a)
Project more than eight feet or 2/3 the width of the sidewalk
from the structure face to which it is attached.
(b)
Extend above the height of the second-floor window sill.
(c)
Extend into any side or rear setback areas.
(d)
Be lower than eight feet above the ground elevation of the wall
face of the structure to which it is attached.
(2)
A permit is required for the placement of awnings and/or canopy signs.
Prior to the issuance of a sign permit, the applicant shall furnish
to the Code Enforcement Officer plans and specifications for the proposed
installation. The application may be referred to the Joint Planning
Board prior to a sign permit being issued to consider the appropriate
relationship between the size, design and shape of the awning and/or
canopy sign and of the structure to which it will be attached, as
well as the placement of the awnings and/or canopies on the structure.
C.
Portable or temporary changeable-copy signs. Portable or temporary
changeable-copy signs require the issuance of a conditional use permit
carrying special restrictions from the Joint Planning Board.
A.
Application for a sign permit. Application for the permit shall be
made in writing to the Code Enforcement Officer upon forms prescribed
by and provided by the Code Enforcement Officer and shall contain
the following information:
(1)
The name, address and telephone number of the applicant.
(2)
Location of buildings, structures or land to which, or upon which,
the sign is to be erected.
(3)
A detailed drawing or blueprint showing a description of the construction
details of the sign and showing the colors, lettering and/or pictorial
matter composing the sign; position of lighting and other extraneous
devices; and a location plan showing the position of the sign on any
building or land and its position in relation to nearby buildings,
structures or existing signs and to any private or public street or
highway.
(4)
Written consent of the owner of the building, structure or land to
which or upon which the sign is to be erected, in the event that the
applicant is not the owner thereof.
(5)
A copy of any required or necessary electrical permit issued for
said sign or a copy of the application thereof.
B.
Fees.
(1)
The fees to be paid to Livonia for the erection of each sign and
for each of the conforming signs now erected are listed on the schedule
in the Building and Zoning Department office.
(2)
The Code Enforcement Officer or other designated local official shall
issue a permit number for each sign, which shall be permanently attached
to or displayed on each sign, billboard or structure so that it may
readily be ascertained that a permit has been issued for each use.
C.
Issuance of permit. It shall be the duty of the Code Enforcement
Officer, upon the filing of any application for a sign permit to erect
a sign, to examine such plans, specifications and other plans submitted
with the application and, if necessary, the building or premises upon
which it is proposed to erect the sign or other advertising structure.
If it shall appear that the proposed sign is in compliance with all
the requirements of this article and other laws and ordinances of
Livonia, the Code Enforcement Officer shall then, within 10 days,
issue a permit for the erection of the proposed sign. If the sign
authorized under such permit has not been completed within six months
from the date of issuance of such permit, the permit shall become
null and void but may be renewed within 10 days from the expiration
thereof for good cause, upon payment of an additional fee in accordance
with the schedule available at the Building and Zoning Department
office. If it shall appear that the proposed sign is not in compliance
with this article or other laws and ordinances of Livonia, the Code
Enforcement Officer shall deny the sign permit within 10 days of its
receipt.
