§ 175-92Purpose and scope.
§ 175-93Definitions.
§ 175-94Permits required; application and review procedure.
§ 175-95Design standards.
§ 175-96Exemptions.
§ 175-97Sign prohibitions and general restrictions.
§ 175-98Sign area and other dimensional limitations.
§ 175-99Temporary signs.
§ 175-100Unsafe, abandoned and illegal signs.
§ 175-101Lawful nonconforming signs.
§ 175-102Illegal signs.
§ 175-103Enforcement; penalties; remedies.
§ 175-104through § 175-107. (Reserved)
The purpose of this article is to promote and protect the public health, safety and welfare by regulating existing and proposed advertising signs and other signs of all types. This article is intended to create a more pleasing appearance and community environment, particularly in the downtown business area, and protect property values by, among other standards, preventing excessive dissimilarity among signs. This article is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents and to reduce hazards that may be caused by signs improperly hanging or projecting over public rights-of-way.
The provisions of this article shall govern the construction, alteration, repair and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices. By vesting the Architectural Review Board with authority to approve or deny sign permit applications, this article is intended to expand the jurisdiction and authority of the Architectural Review Board beyond that set forth in Chapter 48 of the Code. This article is authorized and adopted pursuant to the State Village Law and Municipal Home Rule Law.
For the purpose of this article, the following words and phrases shall have the meanings set forth below:
- ADDRESS OR ANNOUNCEMENT SIGN
- A sign stating only the name and/or address of the occupant(s) of the property.
- AREA OF SIGN
- The entire face or display surface of one side of a sign, including the advertising surface and any framing, trim or molding.
- AWNING
- A roof-like covering of canvas or duck attached to a metal frame and entirely supported from a building.
- BILLBOARD
- An off-premises sign with an area greater than 32 square feet.
- BUILDING FACE
- The outer surface of a building which is visible, in whole or in part, from any private or public street or parking area.
- BULLETIN BOARD
- An on-premises sign which identifies a charitable, educational or religious institution or organization and which contains the name of the institution or organization, the names of associated individuals and general announcements of events or activities occurring at the institution or organization or similar messages.
- DIRECTIONAL SIGN
- Signs limited to directional messages, principally for pedestrian or vehicular traffic.
- FLASHING SIGN
- Any sign which exhibits changing natural or artificial light or color effects by any means.
- FREESTANDING SIGN
- A nonmovable sign supported by uprights and/or braces in or upon the ground and not attached to any part of a building.
- ICONIC SIGN
- A sign composed of a symbol, such as a barber pole, eye glasses or mortar and pestle.
- ILLUMINATED SIGN
- Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.
- INTERIOR SIGN
- Any sign that is affixed to or painted in the interior of a window or any sign located within three feet of the inside face of the window, which sign is designed to be visible from the exterior of the window.
- OBJECTIVE REQUIREMENTS
- Any requirement herein relating to size, location, height or manner of placement or attachment of a sign. Said objective requirements may also be referred to herein as "quantitative" requirements.
- OFF-PREMISES SIGN
- Any sign, including a billboard, which directs attention to a business, product, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
- PERSON
- Any person, firm, corporation, partnership, association, organization, company, institution or any other legal entity or any combination thereof.
- PORTABLE SIGN
- Any temporary sign constructed so that it can stand by itself and can be carried or pulled.
- PROJECTING (HANGING) SIGN
- Any sign which is attached to and projects out from the wall of a structure, usually at a ninety-degree angle, and extends more than 12 inches beyond the surface to which it is attached.
- ROOF SIGN
- A sign which is erected, constructed or maintained on, above or as part of the roof of any building.
- SANDWICH BOARD SIGN
- Any sign consisting generally of two flat surfaces secured to or leaning against each other at the top and placed on the ground in front of the business premises.
- SIGN
- Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is intended to or does announce, advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location for any purpose and by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.
- TEMPORARY SIGN
- A sign which is either portable or is constructed of cloth, fabric, plywood or other light material and installed for a definite and limited period of time and designed to advertise or announce a particular event or series of events, to solicit political support or to announce the sale, for a limited period, of a particular item or items.
- WALL SIGN
- A sign which is attached directly to the building and does not extend more than 12 inches from the building face.
A permit issued by the Architectural Review Board (ARB) and a building permit issued by the Building Inspector shall be required to erect a new sign and to alter or relocate an existing sign.
A duplicate application for the ARB permit and the building permit shall be made on a form provided by the village, which application shall include:
A scale drawing of the sign which shows size, content, color, typography and lighting.
A sample or, if a sample is not available, a description of the material of the proposed sign.
A written description of the proposed lighting.
A sketch of the building which shows the relative scale and placement of the sign or, if the sign is not attached to the building, a sketch which shows the placement of the sign on the lot in relation to the building and lot lines.
The Building Inspector shall review the application with respect to all applicable requirements, except § 175-95. The Building Inspector shall either approve or deny the application within 10 days after receipt of a complete application.
The Architectural Review Board is authorized to approve, approve with conditions or deny an application. All decisions of the ARB shall be in writing and supported by substantial evidence. All decisions shall be based on the characteristics of the proposed sign and its relation to the building, existing signs in the neighborhood and in the village generally, the purposes of this article and the standards and requirements set forth in this article.
The ARB shall review the application with respect to the standards, requirements and considerations set forth above. The applicant or the ARB may request a hearing with the applicant and ARB prior to any decision by the ARB. The ARB shall provide at least five days' notice and an opportunity for a hearing prior to any decision to deny an application or approve an application with conditions. Decisions by the ARB shall be made within 30 days after receipt of a complete application, unless the ARB reasonably determines that additional time is needed to schedule and hold a hearing with the applicant.
Decisions of the Architectural Review Board shall be guided by the following standards:
The sign shall be visible, practical, legible and safe.
The sign shall be sized according to the intended observer.
The sign shall have an appropriate size relationship to the building.
The sign shall have minimum information in order to avoid clutter and confusion.
Where feasible, multiple signs shall be combined into one to avoid clutter.
A sign shall not impair the visual effectiveness of neighboring signs.
A sign shall not have excessively bright or gaudy colors and materials.
Signs on the same building shall be within the same horizontal band and be of similar height.
Where feasible, signs shall be integrated with fences, walls or buildings.
Subject to the restrictions below, the following signs or sign alterations are exempt from the permit requirements of § 175-94:
Signs of or required by duly constituted governmental bodies, including traffic or similar regulatory devices and legal notices.
Flags or emblems of civic organizations and governments.
Bulletin boards with a sign area not exceeding 32 square feet and a linear dimension of eight feet.
Memorial plaques, cornerstones, historical tablets and signs indicating the property's landmark designation by an authorized government agency.
Signs not visible from outside of the lot upon which they are situated.
One identification sign containing only the name(s) of the building occupant and posted in conjunction with doorbells or mailboxes, provided that the sign does not exceed 30 square inches.
Address or announcement signs, provided that only one such sign is installed per business or resident at each entrance to the premises and provided that the sign area does not exceed two square feet.
One sign advertising the sale, lease or rental of the premises upon which sign is located, provided that the sign area does not exceed eight square feet and the sign is not located closer than 10 feet to any street or lot line.
Cautionary signs, including but not limited to, "danger" and "no trespassing" signs, provided that the sign area does not exceed two square feet.
Font changes on an existing sign.
An existing sign which:
Is altered or replaced solely due to a change in name or product;
Is substantially similar to the existing sign;
Is installed at the same location; and
Complies with all provisions of this article is not subject to the permit requirements of § 175-94 but shall undergo review by the Architectural Review Board prior to any such alteration or replacement. Any such alteration or replacement which does not comply with all of the preceding conditions is subject to the permit requirements of § 175-94.
Billboards shall be prohibited.
Roof signs shall be prohibited.
A cumulative total of one freestanding sin or wall sign is permitted per building or lot, whichever is less. However, the foregoing restriction shall not apply to a building located in the Industrial (I) Zoning District where the building contains more than one unrelated business and each business has its own entrance to the street. In that event, each business may have one wall sign and the building may have one freestanding sign which identifies the businesses in the building.
Sandwich board signs are permitted, provided that the sign is of professional quality appearance and advertises only the name of the business and/or product located or sold on the premises; the area of the sign does not exceed eight square feet and the sign does not obstruct pedestrians.
Any sign illumination shall be concentrated upon the sign itself only so as to prevent direct glare upon the street or adjacent property. Where the face of a sign is elevated above the ground, any lighting shall be installed at the top of the sign and shall be directed downward upon the sign. Where the face of a sign is installed no more than 12 inches above ground level, lighting may be directed upward upon the sign. All lighting shall be shielded in order to focus the light upon the sign only.
Internally lighted signs are prohibited. Signs containing reflective elements which sparkle or twinkle in the sunlight are prohibited.
Flashing signs and signs with visible moving parts are prohibited, except for clocks and customary time, date and temperature devices.
No sign shall be erected or located in such a manner or place as to obstruct free and clear vision of drivers; interfere with, mislead or confuse traffic; or by reason of its position, shape or color, interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device, including the use of the words "stop," "look," "danger" or any other word, phrase, symbol or character, or red, green or amber illumination or reflection.
No sign shall cover, wholly or partly, any wall opening, including doors and fire escapes, nor project beyond the side of the building face to which it is attached.
Wall signs must be safely and adequately attached to the building by means satisfactory to the Building Inspector.
Freestanding signs must be anchored to or in the ground and shall not be attached to a building or other object.
Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises is prohibited, except for signs identifying a building or premises designated as a landmark by an authorized government agency.
Freestanding signs.
Maximum sign area and dimension.
| Zoning District | Maximum Linear Dimension (feet) | Maximum Sign Area (square feet) |
|---|---|---|
| I | 15 | 70 |
| O&L | 8 | 32 |
| B-G | 15 | 48 |
| N-B | 8 | 32 to 481 |
| O-R | 8 | 32 |
| All other residential districts | 6 | 24 |
| 1 Note: In the N-B Zoning District, the maximum sign area permitted for a building containing four or fewer separate businesses is 32 square feet; the maximum sign area for a building containing five separate businesses is 40 square feet; and the maximum sign area for a building containing six or more businesses is 48 square feet. |
The maximum height of a freestanding sign shall be 18 feet.
Wall signs.
Maximum sign area.
| Zoning District | Maximum Sign Area (square feet) | |
|---|---|---|
| I | 70 | |
| O&L | 32 | |
| B-G | 48 | |
| N-B | 48 | |
| O-R | 32 | |
| All other residential districts | 24 |
The maximum height of a wall sign is two feet; except in the Industrial (I) Zoning District the maximum height is three feet.
Subject to the limitations in Subsection B(1) above, the horizontal dimension of a wall sign may comprise the entire building face but shall not extend beyond the sides of the building.
A wall sign shall not project more than 12 inches from the wall to which it is attached.
A wall sign shall not extend higher than the top of the parapet of a one-story building; or, if more than a one-story building, the top of the wall sign shall not extend higher than 15 feet above grade at the building line or the bottom of the sill of the second-story windows, whichever is less.
Iconic signs. An iconic sign shall be located not more than three feet from the building wall.
Sandwich board signs. A sandwich board sign shall be permitted a maximum sign area of eight square feet.
The erection, installation or maintenance of temporary signs is hereby prohibited, except for the following:
One sign, erected by a municipal, charitable, political, educational, religious or other nonprofit organization, not exceeding 24 square feet in area, is permitted for a period not to exceed 30 days.
One construction sign listing the architect, engineer, contractor and/or owner of the premises, not exceeding six square feet in residential districts and 24 square feet in other districts, which shall be removed within 10 days after completion of the project.
Election signs, not exceeding four square feet in residential districts and 16 square feet in business districts, shall be permitted for a sixty-day period prior to an election and shall be removed within seven days after the election.
Interior signs announcing special sales or events shall be permitted in any business district.
Garage and yard sale signs, not exceeding four square feet, shall be permitted for a period of seven days prior to the event and shall be removed within two days after the event.
Auction and event signs, not exceeding 24 square feet, shall be permitted for a period of 30 days prior to the event and shall be removed within seven days after the event.
"Grand Opening" signs shall be permitted for a period of 30 days.
Notwithstanding any provision herein, upon a finding by the Building Inspector that any sign:
Is unsafe or insecure; or
Is a menace to the public; or
Is an illegal sign; or
Advertises, identifies or pertains to any business or activity no longer in existence, other than a seasonal business or activity during the period it is normally closed, the Building Inspector shall give written notice to the permittee and owner of the premises thereof.
If the owner or permittee fails to remove or alter the sign so as to comply with the law after a reasonable time period specified in writing by the Building Inspector, which period shall not exceed 20 days, such sign shall be subject to removal, alteration and penalties as set forth in this chapter.
The Building Inspector may cause any sign which poses an immediate peril to persons or property to be removed summarily and without notice.
Any lawful sign existing on the date of adoption of this article may remain but shall not be moved, replaced or changed, except in accordance with the provisions of this article.
Any sign which has been erected or altered prior to adoption of this article without issuance of a valid building permit is an illegal sign and is subject to removal, alteration and penalties as set forth in this chapter.
Any sign erected or altered after adoption of this article which does not conform to the provisions of this article is an illegal sign and is subject to removal, alteration and penalties as set forth in this chapter.
In addition to, and not in lieu of, the penalties and enforcement procedure set forth in § 175-136, the village may compel compliance with this article by removal or alteration of an illegal sign pursuant to the following procedure:
Upon a determination by the Building Inspector that a sign is illegal, the Building Inspector shall give written notice to the owner and sign permittee, which notice shall specify the provision of law violated and establish a reasonable time, but not more than 20 days, within which the sign must be removed or made to conform with the law.
If the owner fails to comply with the law or remove the sign within such time specified in the notice of violation, then the Building Inspector shall provide written notice by certified mail, return receipt requested, to the last known address of the property owner and by posting on the property that the village may cause compliance or removal of said sign and assess the cost thereof to the property owner. Said notice shall also set the date, time and place for a hearing before the Zoning Board of Appeals to provide the property owner an opportunity to demonstrate to the Board that the sign is not illegal. The hearing shall be set for a date not less than seven days after the date the notice is mailed and posted.
The Zoning Board of Appeals shall conduct a hearing at the date, time and place specified in the notice. The hearing may be adjourned from time to time and shall continue until interested persons are heard. No formal rules of evidence shall apply nor shall a stenographic transcript be required. The property owner, occupant and any others possessing an interest in the sign may be represented by an attorney and shall have the right to present evidence and examine witnesses to show why the sign is not illegal and should not be removed or made to conform with this article. After the hearing is closed, the Board shall make findings and make a determination. Such determination shall indicate the basis and reason for the decision and shall be supported by substantial evidence. The determination of the Board may be reviewed in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is commenced with 30 days after the filing of such determination in the Village Clerk's office.
Assessment of costs. Compliance with this article is required in the interest of the public health, safety and welfare. Notwithstanding any other provisions herein, if a property owner fails to comply with this article or remove an illegal sign in accordance with the Board's determination, the village and its agents shall have the right to enter upon the property and perform the work necessary to cause compliance or remove the sign. The property owner shall be responsible and liable for all costs incurred by the village in connection with said work and in connection with the proceeding before the Board. If not paid, said costs shall be a lien on the real property and shall be assessed against such property, together with 9% interest per annum, and shall be levied and collected in the same manner as real property taxes.
