[Amended 10-3-1977 by L.L. No. 18-1977]
The purpose of this article is to regulate existing
and proposed signs in order to:
A.
Protect property values.
B.
Create a more attractive economic business climate.
C.
Enhance and protect Freeport's physical appearance
and environment.
D.
Preserve the scenic and natural beauty of the Village.
E.
Provide a more enjoyable and pleasing community.
F.
Reduce sign or advertising distractions and obstructions
that may contribute to traffic accidents.
G.
Reduce hazards that may be caused by signs overhanging
or projecting over public rights-of-way.
For the purpose of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any sign related to a residence, business or profession conducted,
or to a commodity or service sold or offered, lawfully existing upon
the premises where such sign is located.
The outer surface of a building which is visible from any
public street or walkway. A building may have more than one "front
face."
A sign supported by uprights or braces in or upon the ground
surface and not attached to any part of a building. A "ground sign"
may have a sign on each of two separate faces.
A sign which is attached to a building or canopy but which
is not parallel to the wall of a building.
Any sign, except address numbers, that is affixed to or painted
on the interior of a window or glass, or any sign located within six
inches of the inside face of the window or a door, which sign is designed
to be visible from the exterior of the window or door.
A sign which is part of, attached to or hung from a marquee,
canopy, awning or other covered structure projecting from and supported
or partially supported by a building or otherwise designed to form
part of the building facade.
Any sign unrelated to a business or profession conducted,
or to a commodity or service sold or offered, upon the premises where
such sign is located.
Any sign which is painted or otherwise inscribed on any exterior
surface of a building or structure.
Any person, firm, partnership, association, corporation,
company, institution or organization of any kind.
A sign which is erected, constructed or maintained on, partly
above or as part of the roof of any building.
Any structure or part thereof, or any device attached to
a building or painted or represented thereon, which shall display
or include any letter, word, model, banner, pennant, logo, insignia,
device, trade flag, symbol or representation which is in the nature
of or which is used as an announcement, direction or advertisement
for commercial purposes or otherwise. A "sign" includes any message
and any billboard, neon tube, string of lights or similar device placed
upon, outlining, hung, painted upon or attached to part of a building
or lot, but does not include the flag or insignia of any nation or
group of nations, or of any governmental agency, or of any political,
educational, charitable, philanthropic, civic, professional, religious
or like campaign, drive, movement or event. (Also see "accessory sign,"
"ground sign," "interior sign," "marquee sign," "nonaccessory sign,"
"painted sign," "hanging sign," "roof sign," "temporary sign," and
"wall sign.")
Sign area shall be measured as follows:
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, or a fascia panel integrated into the design of the building,
canopy, marquee or other covered structure, the total area of such
sign shall be deemed the area of the smallest triangle, rectangle
or circle within which all of the matter of which such sign consists
may be inscribed.
A sign which is designed to advertise or announce a particular
event or series of events, to solicit political support or to announce
the availability for sale of any type of property intended to be available
for a limited period of time.
A sign which is attached directly to or painted on the building
wall and is parallel to the building wall.
[Amended 4-23-1984 by L.L. No. 4-1984; 2-26-1990 by L.L. No.
42-1990; 1-24-2005 by L.L. No. 2-2005]
A.
Except as otherwise provided in this chapter, signs
shall not hereafter be erected, structurally altered, enlarged or
relocated within the Village unless a permit is obtained from the
Building Department following approval by the Building Department
in accordance with the requirement stated below and payment of a fee.
Such permits must be renewed every three years. At such renewal time
the Building Department shall determine that no modifications have
been made in the previously approved sign and that said sign is properly
maintained and in safe condition. The Board of Trustees, by resolution,
shall adopt and from time to time may amend a schedule of fees payable
by an applicant for a permit for the erection, maintenance, structural
alteration, enlargement or relocation of signs for which a permit
is required pursuant to this article and for any renewals thereof.
B.
Application for a sign permit shall be made on a form
provided by the Building Department, which application shall include
necessary sketches and supporting information indicating location
of sign, size, colors, type of lettering or other graphic representation
and materials to be used.
C.
Building Department review.
(1)
The Building Department shall review the proposed
sign with respect to all quantitative factors. The Building Department
shall act to approve, disapprove or approve with conditions within
15 days, or as practicable, after receipt of the application.
(2)
The Building Department may approve signs which differ from the standards set forth in this article, provided written findings of fact are made that said sign or signs conform to the general design principles outlined in § 210-206 hereof, and provided further that no sign may violate the sign prohibitions and general restrictions listed in § 210-209 hereof.
D.
After approval or approval with conditions by the
Building Department, said Department shall immediately issue a permit
in accordance therewith. Every sign so approved shall bear the sign
permit number printed in block letters and numbers at least one inch
high in the lower right-hand corner of the sign.
[Amended 1-24-2005 by L.L. No. 2-2005]
A.
General design principles. The Building Department
shall be guided by the following general design principles in reviewing
signs:
(1)
Signs should be a subordinate part of the streetscape.
(2)
Signs should be as small as possible.
(3)
Signs should be as close to the ground as possible,
consistent with required safety and legibility.
(4)
Signs should be of a regular shape.
(5)
A sign should have an appropriate size relationship
to the building upon which it is placed.
(6)
Signs should be sized according to the speed of the
intended observer, smaller for pedestrians, larger for people passing
in cars.
(7)
Signs should have a minimum of information in order
to avoid clutter and confusion.
(8)
Signs which can be combined into one should be, in
order to avoid clutter.
(9)
A sign should not impair the visual effectiveness
of neighboring signs.
(10)
Garish colors and materials should be avoided.
(11)
Signs which have dark background colors and
light letters are preferred in order to minimize the apparent size
of signs within the streetscape.
(12)
Signs on the same building should be within
the same horizontal band and be of a similar height.
(13)
Except in carefully designed circumstances,
signs should be integrated with fences, walls or buildings and not
freestanding.
B.
Design regulations and examples. The Board of Trustees
may from time to time pass regulations, in writing or as picture examples,
which. in addition to the standards as set forth above, shall be consulted
by the Building Department in its review process.
[Amended 4-27-1981 by L.L. No. 9-1981; 2-26-1990 by L.L. No.
43-1990; 1-24-2005 by L.L. No. 2-2005]
Any person feeling himself aggrieved by the decision of the Building Department upon any application for a permit for any sign as provided in § 210-205 may appeal solely to the Site Plan Review Board from any such ruling or decision, and the Site Plan Review Board may affirm, reverse or modify such ruling or decision of the Building Department. The Board of Zoning Appeals shall not hear or determine appeals from decisions of the Building Department pertaining to this sign article. The Board of Trustees, by resolution, shall adopt and from time to time may amend a schedule of fees payable by said applicant for the processing of said appeal.
The following signs do not require a permit:
A.
Signs of duly constituted governmental bodies, including
traffic or similar regulatory devices and legal notices.
B.
Flags or emblems of political, civic, philanthropic,
educational or religious organizations.
C.
Bulletin boards or signs not over 16 square feet in
area for public, charitable or religious institutions where the signs
are located on the premises of said institution.
D.
Memorial plaques, cornerstones, historical tablets
and the like.
E.
Signs not visible off the lot upon which they are
situated.
F.
Up to two professional nameplates which do not individually
exceed one square foot in area.
G.
Identification signs posted in conjunction with doorbells
or mailboxes, not exceeding a total of 30 square inches in surface
area.
H.
Signs required to be maintained or posted by law or
governmental order, rule or regulation.
I.
Address signs. Not more than one address sign shall
be permitted for each street frontage. No non-permit address sign
shall exceed two square feet in surface area. Address signs shall
show only the numerical address designations (in numbers or script)
of the premises upon which they are situated, except that residential
address signs may include the name of the family resident therein.
J.
One sign advertising the sale, lease or rental of
the nonresidential premises upon which said sign is located, which
sign shall not exceed 16 square feet in area and be located no closer
than 10 feet to any street or lot line.
K.
Cautionary signs which are less than one foot square
in size, such as but not limited to "danger," "no trespassing," etc.
L.
Private traffic signs, including directional, regulatory,
warning or informational signs of a noncommercial nature which are
in the public interest, such as but not limited to "exit," "entrance,"
"parking," "one-way," etc. Each such sign shall not exceed two square
feet in area.
The following prohibitions and general restrictions
shall apply in all building zones:
A.
Only accessory signs shall be permitted. Nonaccessory
signs shall be prohibited.
B.
Billboards shall be prohibited.
C.
Roof signs shall be prohibited.
D.
Standard, approved methods of constant illumination
shall be permitted on ground signs, wall signs and hanging signs;
provided, however, that they shall concentrate the illumination upon
the area of the sign so as to prevent direct glare upon the street
or adjacent property.
E.
Flashing signs are prohibited.
F.
Except for clocks and customary time and temperature
devices, no sign shall contain intermittent or moving illumination.
Signs with visible moving, revolving or rotating parts are prohibited.
G.
Except for holiday seasons, grand openings or designated
special events as approved by the Building Department, no sign or
part thereof shall consist of pennants, ribbons, streamers, spinners
or other similar moving, fluttering or revolving devices. No such
special event shall exceed a period of 60 days, and such event shall
not be repeated for at least a sixty-day interval thereafter.
[Amended 11-8-1982 by L.L. No. 15-1982; 1-24-2005 by L.L. No. 2-2005]
I.
No sign shall project above the parapet of a building.
J.
No sign shall be erected in such a manner as to obstruct
free and clear vision for drivers, nor at any location where, by reason
of the position, shape or color, it may interfere with, obstruct the
view of or be confused with any authorized traffic sign, signal or
device by making use of the word "stop," "look," "danger" or any other
word, phrase, symbol or character, or red, green or amber illumination
or reflection in such a manner as to interfere with, mislead or confuse
traffic.
K.
No portable or temporary sign shall be placed on the front face of any building or otherwise upon any property (improved or unimproved) or public ways adjacent thereto, except as provided in § 210-217 herein.
L.
Signs painted directly upon the surface material of
a building or other structure are prohibited.
[Added 4-23-1984 by L.L. No. 4-1984]
M.
Notwithstanding any other provision of this article,
any sign authorized in this article is allowed to contain noncommercial
copy in lieu of any other copy.
[Added 1-22-1990 by L.L. No. 2-1990]
A.
A sign illuminated by electricity or equipped in any
way with electric devices or appliances shall conform, with respect
to wiring and appliances, to the regulations of the New York Board
of Fire Underwriters and shall bear the stamp of said Board.
B.
Signs self-illuminated from within. All wiring shall
be self-enclosed in metal raceways.
Information displayed on signs shall be limited
to the name, address and nature of the business and products available
or activity for which the building or premises is used.
Except as provided herein and for necessary
cautionary or traffic control signs, only one ground sign shall be
permitted for each frontage of a property on a public street or way.
In addition, however, directory-type signs are permitted in business,
industrial and manufacturing districts as determined to be necessary
by the Architectural Review Board. Such signs are limited to either
pole signs, with no guy wires, or signs permanently affixed to a fence
or other wall separate from the principal building. All ground signs
shall be set back at least five feet from the property line, and such
signs shall not overhang the property line. The location and design
of such signs shall be chosen so as not to present a hazard to pedestrian
or vehicular traffic. Ground signs shall be limited as follows:
|
Zoning District
|
Maximum Height
(feet)
|
Maximum Size
(square feet)
|
|---|---|---|
|
Manufacturing and industrial
|
15
|
70
|
|
Mall (on parking lot frontage only)
|
12
|
15
|
|
Business
|
15
|
70
|
|
Residence
|
6
|
4
|
|
Apartment
|
6
|
6
|
Interior signs are permitted in all zoning districts
except residence and apartment districts. An interior sign or combination
of signs shall not cover more than 10% of the total plus area upon
which or in which it is affixed, displayed or painted.
Marquee signs are permitted in all zoning districts
except residence districts. Signs shall not be permitted on any marquee,
other than signs built into and forming a part of the marquee itself.
Marquee signs shall not extend beyond the edge of the marquee. Such
signs shall not exceed a height of three feet or a total area of 24
square feet on any one side of the marquee. In business or industrial
zoning districts, the area allocated to marquee signs shall be counted
as part of the area permitted in wall signs.
[Amended 4-23-1984 by L.L. No. 4-1984]
Wall signs shall not extend or project more
than 12 inches from the wall to which they are affixed, and where
such signs shall front on a public walkway, the lower edge of said
signs shall not be less than seven feet in height above the level
of the public walkway.
A.
Within any business zoning district, such signs shall
not exceed a height of three feet and shall not extend higher than
the top of the parapet in the case of one-story buildings. In the
case of buildings taller than one story, such signs shall not extend
above the bottom of the sill of the windows of the second story nor
extend or be placed more than 15 feet above the outside grade. No
wall sign or combination of signs on any single property frontage
in a business district, including interior signs, shall exceed an
area in square feet equivalent to 1 1/2 times the linear length
in feet of the structure on such frontage.
B.
Where an establishment for which signs are permitted
has a rear entrance on a public way or frontage on two or more streets
or multiple frontages within or adjacent to a parking lot, signs shall
be permitted on each frontage, up to the maximum permitted for that
frontage.
C.
Within an industrial zoning district, one wall sign
not exceeding 70 square feet is permitted for each street frontage
from which access is provided to the lot. No sign shall project above
the roof line or beyond the wall to which it is affixed.
D.
Within an apartment zoning district, one wall sign
not exceeding 12 square feet in size shall be permitted for each frontage
from which access is provided to the lot. No such sign shall be higher
than 15 feet from the adjoining ground level.
E.
In all districts, a wall sign shall not cover wholly
or partially any wall opening, including doors, fire escapes and windows,
nor project beyond the ends of the wall to which it is attached. All
such signs must be safely and adequately attached to said building
wall by means satisfactory to the Building Department.
[Amended 1-24-2005 by L.L. No. 2-2005]
Hanging signs are permitted within all zoning
districts with the exception of Residence A and Residence AA. Each
establishment shall be permitted one hanging sign for each frontage
on a public street or public way. Such signs shall not exceed 10 square
feet in area. The construction and method of securing such signs to
the structure or canopy shall be approved by the Building Department.
The bottom of such sign shall be at least seven feet six inches or
a maximum of 13 feet above the sidewalk, and such signs shall not
extend into any area which is accessible to service or emergency vehicles.
The erection, installation or maintenance of temporary signs, as defined in § 210-204, is hereby prohibited, except that the Building Department may grant special permission for the maintenance of the following signs:
A.
A temporary sign not exceeding 32 square feet in area
which is erected by a municipal, charitable, political or nonprofit
organization is permitted for a period not to exceed 60 days.
B.
A single temporary sign not exceeding 32 square feet
in area which announces anticipated occupancy of a site or building
or identifies contractors, architects, engineers, etc., on a building
under construction, shall be permitted for a period not to exceed
six months.
C.
Temporary interior signs announcing special sales
or events shall be permitted in a business district. Such signs shall
cover no more than 25% of the window area to which they are affixed
and shall be removed within 20 days.
[Amended 5-14-2018 by L.L. No. 1-2018]
If the Building Department shall find that any
sign regulated herein is unsafe or is a menace to the public or has
been erected in violation of the provisions of this chapter, it shall
give written notice to the permittee thereof. If the permittee fails
to move or alter the sign so as to comply with the standards herein
set forth, such sign may be removed or altered so as to comply by
the Building Department at the expense of the permittee or owner of
the property on which it is located. The Building Department shall
refuse to issue a permit to any permittee or owner who refuses to
pay costs so assessed. The Building Department may cause any sign
which is an immediate peril to persons or property to be removed summarily
and without notice.
Any sign which advertises, identifies or pertains
to an activity no longer in existence shall be removed by the owner
of the property within 30 days from the time the activity ceases existence.
However, this provision shall not apply to seasonal activities during
the regular periods in which they are closed. If the owner fails to
remove or cause to be removed such sign within 30 days after written
notice, the Building Department shall remove such sign and assess
the cost of such removal to the property owner.
A.
Any existing sign that was in place prior to the date
of adoption of this article shall be subject to the following requirements:
[Amended 1-24-2005 by L.L. No. 2-2005]
(1)
The owner of the property shall be required to apply
for a new permit or the sign at the time the present permit expires.
(2)
The Building Department shall review each application
for a permit for such existing sign and determine whether the sign
conforms to the requirements of this article.
(3)
The application for a permit for any sign shall be
referred to the Building Department, and a permit shall be issued
by said department once approved and shall be subject to any conditions.
If the Building Department does not approve or conditionally approves
the application, a permit shall not be issued.
B.
A sign for which a permit is not issued shall be removed
or made to conform within three years or at the present renewal date,
whichever is later, of the date of adoption of this article. If the
owner falls to remove or cause to be removed such sign within 30 days
after written notice served following expiration of the cited three-year
period, the Building Department shall remove such sign and assess
the cost thereof to the property owner.
C.
An existing nonconforming sign shall not be structurally
repaired or enlarged. The relettering, painting or decorating of such
signs shall be permitted, but any such sign once removed for purposes
other than relettering, painting or decorating shall be deemed permanently
removed and may be replaced only in accordance with the provisions
of this chapter.
[Added 1-23-1978 by L.L. No. 2-1978]
Any provision of this Code to the contrary notwithstanding,
all structures situate within the Village of Freeport shall prominently
display the numerals of the street address of said premises. Such
numbers are to be clearly visible from the street adjacent thereto.
