[Amended 1-23-2004 by L.L. No. 1-2004;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall apply to the entire area
of the Town/Village of East Rochester.
A.
The purpose
of this article is to promote and protect the public health, welfare
and safety by regulating existing and proposed outdoor advertising,
outdoor advertising signs and outdoor signs of all types and of signs
on the inside of any building that are observable from the outside.
It 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 of designated
areas and provide a more enjoyable and pleasing community. It is further
intended hereby to reduce sign distractions and obstructions that
may contribute to traffic accidents, to reduce hazards that may be
caused by signs overhanging or projecting over public rights-of-way
and to improve beauty and community environment. It is the intention
of this article to regulate all exterior signs and interior signs
which are visible from the exterior of the building.
B.
It is
further intended that in commercial, industrial and restricted business
areas, all signs within one complex shall be coordinated with the
architecture in such a manner that the overall appearance is harmonious
in color, form and proportion.
A.
A-FRAME/SANDWICH SIGN
ACCESSORY SIGN
AREA OF SIGN
BILLBOARD
DISTRICT
ENCLOSED SHOPPING MALL
ERECT
FRONT or FACE (of a building)
GARAGE SALE
GROUND SIGN or FREESTANDING SIGN
HEIGHT
IDENTIFICATION SIGN
ILLUMINATED SIGN
LIGHTING DEVICE
MESSAGE SIGN
MONUMENT SIGN
NONACCESSORY SIGN
OFFICE
OFFICE COMPLEX
POLITICAL SIGN
PREMISES
PROJECTING SIGN
ROOF
SHOPPING PLAZA
SIGN
TEMPORARY SIGN
Terms defined. As used in this article, unless otherwise expressly
stated, the following terms shall have the meanings indicated.
A portable temporary sign of solid construction, connected
at the top and angled down on either side in the shape of an "A,"
usually with advertisement on two sides.
Any sign related to a business or profession conducted, or
to a commodity or service sold or offered, upon the premises where
such a sign is located.
The area of a sign shall be determined by multiplying the
maximum horizontal measurement times the maximum vertical measurement
of the lettering and the pictorial matter. The area of all signs will
be determined as though they consist of four square corners.
See "nonaccessory sign."
A group of contiguous commercial enterprises in one or more
buildings which has a limited number of public entrances entering
from the parking lot and the majority of the commercial enterprises
front on an interior hall, walkway or mall.
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign, including the painting
of exterior wall signs.
One outer surface of a building as designated on the architectural
drawings submitted to the Zoning Board of Appeals.
The sale of used household goods, clothing and equipment
of the homeowner or tenant of a residential property, from such property.
Any sign not attached to any building.
When used in regard to freestanding signs, the vertical distance
between the grade level of the ground floor of the principal building
on said lot and the portion of the sign referred to in this article.
To conform to the definition of "sign" and to include the
name and/or address of the property.
Any sign illuminated by electricity, gas or other artificial
light, including reflective, projected, incandescent, phosphorescent
or neon light, either interior or exterior, direct or indirect.
Any light, string of lights or group of lights located or
arranged so as to illuminate a sign.
A noncommercial advertising sign expressing the position,
opinion or philosophy of the owner or occupant of the subject property
regarding political, religious, social or economic causes.
A freestanding sign in which the entire base is in contact
with the ground and is independent of any other structure.
Any sign or billboard related to a business or profession
conducted, or to a commodity or service sold or offered, upon premises
other than where such sign is located.
A place, such as a building, room or suite, where professional
duties, etc., are carried out by a single tenant/organization or group.
A site containing multiple offices.
A sign which by its content promotes or supports or opposes
a candidate or candidates for any public office or which advocates
a position on an upcoming ballot proposition(s).
All real property assessed as a single tax account number
by the Town/Village of East Rochester and all buildings and structures
connected by a common wall.
Any sign which projects from the exterior of any building.
That part of the external covering of a building which is
not on the same plane as the vertical or supporting walls of the building.
With types of structures such as A-frame, Quonset or similar structures
that have no clear line of demarcation between the supporting walls
and the roof, the roof shall be considered to start eight feet above
ground level.
A group of contiguous commercial enterprises in one or more
buildings fronting on a common parking lot, with each enterprise having
an outside public entrance fronting on the common parking area, or
an interior mall.
Any material, structure or device, or any part thereof, composed
of lettered or pictorial matter, or upon which lettered or pictorial
matter is placed, when used or located out of doors or outside or
on the exterior of any building or on the inside of any building which
is observable from the outside, including window-display area, for
display of advertisement, announcement, notice, directional matter
or name, and includes sign frames, billboards, signboards, painted
wall signs, hanging signs, illuminated signs, projecting signs or
ground signs, and shall also include any announcement, declaration,
demonstration, display, illustration, logo, monogram or insignia used
to advertise or promote the interests of any person or business when
the same is placed in view of the general public. The sign area shall
also include any background of a different color or material.
A sign related to a single activity or event having a duration of no more than 30 days. This does not include the signs regulated under § 193-16K.
B.
Sign types.
 |
For the purposes of this chapter, the term "sign"
does not include:
A.
Signs erected and maintained pursuant to and in discharge
of any governmental function, or required by any law, ordinance or
governmental regulation.
B.
The changing of the advertised copy or message on
an approved painted or printed sign or theater marquee and similar
approved signs which are specifically designed for the use of replaceable
copy.
C.
Repainting, cleaning and other normal maintenance
and repair of a conforming sign or a conforming sign structure, unless
a structural change is made.
D.
Memorial tablets or signs, and historic markers.
E.
Signs which are within a ball park or other similar
public or private recreational use and which cannot be seen from a
public street or adjacent properties.
F.
Flags, emblems or insignia of the United States, the
State of New York, other countries and states, the United Nations
Organization or similar organizations of which this nation is a member,
and of the President or Vice President of the United States.
G.
Small signs displayed for the direction or convenience
of the public, including signs which identify rest rooms, location
of public telephones, freight entrances, traffic controls or the like,
with a total area not to exceed two square feet.
H.
Freestanding signs or signs attached to fences at
approximate eye level, no larger than two square feet, warning the
public against hunting, fishing, trespassing, dangerous animals, swimming
or the like.
I.
Any information or directional sign or historical
marker erected by a governmental agency, which may include signs displayed
by a governmental agency for the purpose of giving directions and
distances to commercial districts in which are located the following
types of commercial facilities for the convenience of the traveling
public: restaurants, motels and establishments for the servicing of
motor vehicles, provided that no such sign shall give direction or
distance to any specific business establishment.
J.
Civic signs for the purpose of displaying shields,
emblems or signs of civic, charitable or religious organizations with
offices or meeting places located in the Town/Village for the purpose
of advertising said organization, its address and/or meeting place,
and the days and hours of meeting, with a total area of not to exceed
two square feet for each such sign.
K.
An illuminated sign, using only the word "open," and
operational only when a commercial business is open for business,
provided that it has no more than two colors, is no greater in size
than two square feet, faces the public right-of-way and there is only
one such sign per premises.
A.
Any illuminated sign or lighting device shall employ
only lights emitting a light of constant intensity, and no sign shall
be illuminated by or contain flashing, intermittent, rotating or moving
light or lights. In no event shall an illuminated sign, lighting or
a reflective device or projected light be placed or directed so as
to permit the beams and illumination therefrom to be directed or beamed
upon a public street, highway, sidewalk or adjacent premises so as
to cause glare or reflection that may constitute a traffic hazard
or nuisance.
B.
The use of pennants, banners, posters, ribbons, spinners,
streamers, moving signs, flashing or intermittent lights, glittering,
reflective, projected, animated or rotating signs, the changing of
degrees of light intensity or color, or other similar moving, fluttering
or revolving eye-catching devices, is not permitted on any sign accessory
thereto or as separate devices. Searchlights and strings of lights
shall not be used for the purposes of advertising or for attracting
attention.
C.
No part of a projecting sign shall be erected or maintained
so that it extends more than 18 inches from the front or face of a
building.
D.
No signs or lighting devices shall be placed on or
attached to the roof, marquee or overhang of any building. No sign
attached to a building shall extend above the roof line.
E.
No sign shall project over any property line.
F.
No portable or temporary sign shall be placed on a
building or on any premises, except as provided in accordance with
the provisions of this article.
G.
Preexisting signs which do not comply with this article
shall be brought into conformity herewith upon any:
(1)
Change of ownership of the premises;
(2)
Change of activity advertised, except multitenants;
(4)
Destruction or damage to said sign to the extent of
51% of its replacement cost determined as of the time of the destruction
or damage; or
(5)
Creation of a hazard or disturbance to the health
and welfare of the general public as determined by the Building Inspector/Code
Enforcement Officer.
H.
No sign shall be painted directly on a building wall.
I.
No portable signs are permitted, including any sign displayed on a vehicle or trailer used primarily for the purpose of such display, but excluding parade signs and signs permitted under § 193-17A(6). This regulation shall not be deemed to prohibit advertising on vehicles on public streets which is not otherwise prohibited by law.
J.
No signs are permitted that violate any provision
of any law or regulation of the State of New York or the United States
relative to outdoor advertising.
K.
No signs shall be placed in windows or behind glass walls that cover an area in excess of 20% of the total exterior glass surface. Illuminated signs are not allowed in windows or immediately behind windows except as provided in § 193-15K.
L.
No sign shall be permitted that obstructs any window,
door, fire escape, stairway, ladder, opening or access intended for
light, air or ingress to or egress from any building.
M.
No sign shall be permitted that is attached to a utility
pole, whether on public or private property, except official notices
or announcements as provided above, and warning signs as provided
above.
N.
No sign shall be permitted which by reason of its
location, position, size, shape or color may obstruct, impair, obscure,
interfere with the view of or be confused with any traffic control
sign, signal or device, or where it may interfere with, mislead or
confuse traffic. No sign shall use the words "stop," "caution," "yield,"
"danger," "warning" or "go" when such sign may be confused with a
traffic control sign used or displayed by a public authority.
O.
No nonaccessory sign shall be constructed at any location
after the effective date of this article, with the exception of garage
sale and real estate signs.
A.
The following signs are permitted in any use district without a permit, with the restriction that signs under this section and § 193-18D shall not, in the aggregate, number more than two per property unless otherwise noted.
(1)
A sign advertising the sale, lease or rental of the premises upon
which the sign is located. Only one sign shall be permitted on each
parcel. On residential property, said sign shall not exceed six square
feet in area and 42 inches in height above the ground and may have
printing on two sides and shall be removed within seven days after
the sale, lease or rental. On nonresidential property, said sign shall
not exceed 16 square feet in area and eight feet in height above the
ground and may have printing on two sides and shall be removed within
seven days after the sale, lease or rental. Such sign shall be placed
anywhere within the property line of the premises advertised.
(a)
A second freestanding sandwich sign and open-for-inspection
sign shall be permitted only during those hours which such property
is actually available for public inspection, which shall be between
the hours of 8:00 a.m. and 6:00 p.m., and if located upon such premises.
(b)
Directional signs, advertising the property or goods as being
open for inspection, shall be permitted at the intersections of those
streets leading to the property only during those hours in which the
property is actually available for public inspection. All such signs
shall be placed behind any pavement, curb, gutters or sidewalks, and
no sign shall be attached to any highway sign or utility poles.
(c)
Sandwich signs, A-signs and directional signs may have printing
on two sides, but such signs shall not exceed six square feet in area.
(d)
For new subdivisions under development, one sandwich sign, A-sign
or directional sign shall be permitted at the entrances to said subdivision
or project without limitation of time and until the properties within
the subdivision or project are sold or rented.
(2)
A professional nameplate that shall not exceed two square feet in
area and not over one foot in height, which may have printing on two
sides, may be erected in conjunction with a customary home occupation.
(3)
A sign denoting the property name, the name of the owner or occupant,
the street name and house number of the premises, which sign shall
not exceed one square foot in area and may have printing on two sides.
(4)
A sign denoting the architect, engineer, contractor or financing
institution placed on premises where construction, repair or renovation
is in progress, which sign shall not exceed 32 square feet in area
with printing on two sides only. It shall be removed when said work
is completed. The top of said sign shall not be higher than eight
feet above the ground. It shall not include the advertisement of any
product. The sign shall be confined to the site of the construction
and shall be removed within seven days following completion of construction.
(5)
A sign within a developing subdivision denoting a model home or a
sales office or within a sales or rental office, placed upon the lot
or premises so denoted. Such sign shall not exceed two square feet
in area and shall be not over one foot in height; it may have printing
on two sides and shall be removed as follows:
(6)
A-frame signs or freestanding sandwich signs related to business
operations are permitted in nonresidential zoning districts or on
properties with special permits for public buildings and grounds under
the following conditions:
(a)
No freestanding sandwich or A-sign shall exceed six square feet
per side, or exceed three feet in height.
(b)
Properties shall be allowed one such sign for every 300 feet
of total right-of-way frontage where vehicle ingress/egress exists.
Properties with less than 300 feet of total right-of-way frontage
shall be allowed one sign. Properties shall not exceed three signs
in total. Only one sign per tenant is permitted.
(c)
Such signs shall not be placed in a manner that will obstruct
or impair vision, create sight distance issues, impact traffic or
create a hazard or disturbance to the health and welfare of the general
public in any manner.
(d)
Such signs shall not be attached to fences, trees, utility poles
or the like.
(e)
This provision shall not apply to garage sale signs or open-for-inspection
signs.
B.
The following signs are permitted in any use district but require
a permit as provided herein:
(1)
A sign or bulletin board customarily incidental to places of worship,
public schools, public buildings, hospitals, nursing homes, libraries,
museums, social clubs or societies, which sign or bulletin board shall
not exceed 16 square feet in area and shall be located on the premises
of such institution. The top of such sign shall not be higher than
eight feet above the ground.
(2)
Any sign advertising real estate developments or subdivisions permitted
in a residential district, which shall not exceed six square feet
in area or eight feet above the ground and shall advertise only the
name of the owner, trade names, products sold and/or the business
or activity conducted on the premises where such sign is located.
No more than one sign shall be allowed for each such separate business
or commercial activity conducted on the premises.
(3)
Subdivision identification signs containing only the name of the
subdivision and the streets located therein, provided that the bottom
of such signs shall not be more than five feet above the ground, such
signs shall not be more than eight feet in length and such signs shall
have a maximum area of 32 square feet.
A.
All signs of a temporary nature, such as banners and promotional
signs (excluding signs covered elsewhere in this Code), may be granted
a temporary permit for a period not to exceed 30 consecutive days,
provided that such signs are not attached to fences, trees, utility
poles or the like. Such signs shall not be placed in any public right-of-way
nor in a position that will obstruct or impair vision or traffic or
in any manner create a hazard or disturbance to the health and welfare
of the general public. Said sign shall not exceed 16 square feet in
area. One sign may be erected on any privately owned lot or parcel.
A fee, as set from time to time by the Town/Village Board of Trustees,
shall be paid upon the issuance of a permit for such sign. Each sign
shall be removed within two days after the promotional event. If it
is not removed, the Building Inspector/Code Enforcement Officer shall
cause said sign to be removed. This provision shall not apply to garage
sale signs, open-for-inspection signs or signs used for less than
a twenty-four-hour duration.
B.
A temporary sign shall not exceed 32 square feet in area announcing
a campaign, drive or event of a civic, philanthropic, educational
or religious organization, provided that the sponsoring organization
shall ensure proper and prompt removal of such sign. Such sign may
be maintained for a period not to exceed two months.
C.
A temporary sign shall not exceed 20 square feet announcing such
events as "grand opening," "under new management" or "going out of
business," subject to the following conditions:
(1)
For a period not to exceed 10 days.
(2)
Only in a location which has been given written approval by the Building
Inspector/Code Enforcement Officer on a request for approval of a
sign.
(3)
On a given property, such a temporary sign may be displayed only
one time by the same proprietor in a twelve-month period.
(4)
Only upon the posting of a bond to ensure the removal of the sign(s)
at the termination of a ten-day period. Such bond must be secured
by a surety bond, certified check or cash.
D.
Political signs shall be permitted, subject to the following standards:
(1)
No such sign shall exceed six square feet per face in area.
(2)
Signs under this section and § 193-17A shall not, in the aggregate, number more than two per property.
(3)
No such sign shall exceed six feet in height.
(4)
Such signs shall be erected not more than 90 days prior to the election
or event to which they relate and shall be removed within seven days
after the election or event to which they relate.
(5)
The owner of the property on which such signs are to be posted shall
consent to the erection of such signs and shall be responsible for
their removal.
(6)
Such signs shall not require a permit, but signs erected on vacant
land shall be registered with the Town/Village by the owner of the
property in person or by mail. Such registration is solely to assure
the property owner's knowledge of the existence of said sign(s).
(7)
Such signs shall not be affixed to fences, trees, utility poles,
bridges or traffic signs and shall in no way obstruct or impair vision
or traffic in any manner or create a hazard or disturbance to the
health and welfare of the general public.
(8)
Such signs shall not be located within rights-of-way of public streets.
(9)
Such signs shall not be closer than 10 feet to any abutting property
line and shall comply with all other requirements of the law.
The following shall apply to all signs for which a permit is
required:
A.
Townhouse Residential (TR) Districts.
(1)
One or more signs per building shall be permitted, totaling 12 square
feet per building. No one sign shall exceed four square feet. Such
sign shall indicate only the name of the building and the address.
(2)
All building-mounted signs shall be flush against the building and
shall not project above the roofline nor above the second floor level.
(3)
The top of a freestanding sign, including any part of the supporting
members, shall not extend more than eight feet above the ground.
B.
Office buildings and complexes.
(1)
One freestanding identification sign is permitted for each office
complex.
(a)
If there is one building or one tenant, there shall be only
one identification sign.
(b)
One additional directory or listing sign is permitted for each
building within the complex. Where only one building is contained
within a site and both an identification sign and a directory sign
are desired, they must be combined into one sign.
(c)
The location, area, height, color, style and lighting of each
such sign must be approved by the Zoning Board of Appeals simultaneously
or subsequent to site plan approval. The location of said sign, in
compliance with applicable setbacks, is to be determined by the Zoning
Board of Appeals and shall not exceed five feet in height and 32 square
feet in area but may have lettering on two sides of the sign.
(2)
Building-mounted signs shall not exceed 1 1/2 square feet of
area for each linear foot of the first 100 linear feet of building
frontage, plus one square foot of sign area for each linear foot over
100 linear feet of building frontage. No such sign shall exceed 200
square feet in area.
C.
Gas/Fuel stations. Signs commonly used by gas/fuel stations for the
purpose of advertising retail gasoline/fuel prices shall be limited
to one sign per fuel pump and shall be placed on top of the fuel pump.
Said signs shall not exceed 12 inches in height and 18 inches in width.
No other gas/fuel price signs shall be permitted.
D.
Commercial Districts.
(1)
Commercial shopping plaza or enclosed shopping mall.
(a)
One monument sign may be permitted for a commercial shopping
plaza or enclosed shopping mall at each main access point, provided
that no monument sign is located closer than 200 feet to any other
sign on the same lot. The sign may be two-sided. Sign approval must
be obtained from the Zoning Board of Appeals:
[1]
For a shopping plaza or enclosed shopping mall with less than
25,000 square feet in GLFA, the display area that features the text
and graphics of each monument sign shall not exceed 75 square feet
in total, and the monument sign shall not exceed 10 feet above the
existing grade. Tenant signs are only permitted on the plaza sign
in the event that a tenant space exceeds 15,000 square feet (GLFA).
[2]
For a shopping plaza or enclosed shopping mall with greater
than 25,000 square feet in GLFA, the display area that features the
text and graphics of each monument sign shall not exceed 100 square
feet in total, and the monument sign shall not exceed 15 feet above
the existing grade. Tenant signs are only permitted on the plaza sign
in the event that a tenant space exceeds 15,000 square feet (GLFA).
(2)
Building-mounted signs shall not exceed 1 1/2 square feet of
area for each linear foot of the first 100 linear feet of building
frontage, plus one square foot of sign area for each linear foot over
100 linear feet of building frontage. No such sign shall exceed 200
square feet in area.
(3)
On commercial buildings housing more than one tenant or type of business,
only one sign for each outside public entrance shall be permitted
on the exterior of the building for the purpose of advertising either
the name or nature of the businesses contained therein. Should said
building front on more than one highway, the placement of duplicated
signs or a second sign, of the nature defined above, on the second
side fronting such a highway may be permitted at the discretion of
the Zoning Board of Appeals.
(4)
On a property containing one business, in lieu of a building-mounted
sign, a monument-style sign may be permitted by the Zoning Board of
Appeals. Said sign shall be no larger than 32 square feet in size
and no higher than five feet above the surrounding grade. The style,
lighting and size of the sign shall be approved by the Zoning Board
of Appeals.
(5)
The bottom of all signs shall have a minimum clearance of 10 feet
above a walkway and 15 feet above a driveway or alley.
(6)
Signs shall be limited to identifying or advertising the property
and the individual enterprises or services available on the same property
where the sign is located.
E.
Industrial District.
(1)
Building-mounted signs shall not exceed a total area of 1 1/2
square feet for each linear foot of building frontage to a maximum
total area of all signs permitted for each building of 200 square
feet. Where the frontage is on more than one street, each sign area
shall be computed with regard to the frontage on each street.
(2)
The bottom of all signs shall have a minimum clearance of 10 feet
above a walkway and 15 feet above a driveway or alley.
(3)
One freestanding sign with a maximum area of 40 square feet may be
erected for each building.
(4)
No freestanding sign shall exceed a maximum height, including supports,
of 12 feet.
(5)
Signs allowed by this Subsection E shall be limited to identifying or advertising the property and the individual enterprises or services available on the same property where the sign is located.
(6)
In an area designated as an industrial park by the Zoning Board of
Appeals, the following shall apply:
(a)
One freestanding sign identifying the name of the industrial
park. The location, area, height and style of such sign must be approved
by the Zoning Board of Appeals as part of site plan approval.
(b)
Inside an industrial park, only one freestanding sign per building
is permitted to identify the names of the occupants of each building.
Said sign is to be constructed within a radius of 50 feet, as measured
from the main entrance to the building, and shall not exceed four
feet in height and 24 square feet in area, but may have lettering
on two sides of the sign.
(c)
Building-mounted signs are not permitted.
F.
Special exceptions and variances. Where a special exception or variance
is sought with regard to height, area, number or location of signs,
application must be brought before the Zoning Board of Appeals and
approval obtained from this Board. Upon obtaining a variance, final
approval of design and lighting must then be obtained from the Zoning
Board of Appeals.
All setbacks shall be measured from that part
of the sign nearest the property line extended vertically to the ground,
measured at right angles to or radially from such property line. Said
measurements shall be made from the ground point and not the sign's
supports.
A.
Front setback shall be 25 feet from the front property
line, except that subdivision identification signs may be permitted
with a lesser setback by the Zoning Board of Appeals at the time of
final subdivision approval.
B.
Side and rear setbacks shall be 20 feet from each
side and rear property line.
C.
No front setback provision shall apply to the signs permitted under § 193-17A(1).
After the effective date of this article and
except as otherwise herein provided, no person shall erect any sign
as defined herein without first obtaining a permit from the Building
Inspector/Code Enforcement Officer.
Application for a permit shall be made in writing to the Building
Inspector/Code Enforcement Officer upon forms prescribed and provided
by the Building Inspector/Code Enforcement Officer and shall contain
the following information:
A.
The name, address and telephone number of the applicant.
B.
The location of the building, structure or land to which or upon
which the sign is to be erected.
C.
A detailed drawing or blueprint showing a description of the construction
mounting and electrical details of the sign and showing the letter
and/or pictorial matter composing the sign; the position of lighting
or other extraneous devices; a location plan showing the position
and colored rendering of the sign on any building or land, and its
position in relation to nearby buildings or structures and its interrelationship
with the surrounding areas.
D.
Written consent of the owner of the building, structure or land to
which or on which the sign is to be erected, in the event the applicant
is not the owner thereof.
E.
A copy of any required or necessary electrical permit issued for
said sign or a copy of the application therefor.
F.
The estimated net cost of the sign, including the cost of installation.
G.
Nine copies of the application and one colored rendering shall be
submitted to the Building Department at least 14 days prior to the
meeting at which it is to be considered.
A.
It shall be the duty of the Building Inspector/Code Enforcement Officer,
upon the filing of an application for a permit, to examine such plans,
specifications and other data submitted to him with the application,
and, if necessary, the building or premises upon which it is proposed
to erect a sign or other advertising structure.
B.
If it shall appear that the proposed sign is in compliance with all
the requirements of this chapter and other codes, laws and ordinances
of the Town/Village of East Rochester, the Building Inspector/Code
Enforcement Officer shall then, within 10 days, submit the permit
and renderings to the Zoning Board of Appeals for approval. If the
sign authorized under such permit has not been completed within six
months from the date of the issuance of such permit, the permit shall
become null and void, but may be renewed, within 30 days from the
expiration thereof, for good cause shown.
C.
Permits for temporary signs in compliance with all the requirements
of this article shall be approved by the Building Inspector/Code Enforcement
Officer.
A.
The owner of a sign and the owner of the premises on which such sign
is located shall be jointly and severally liable to maintain such
sign, including its illumination sources, in a neat, clean, attractive
appearance and in good working order at all times, and to prevent
the development of any rust, corrosion, rotting or other deterioration
in the physical appearance or safety of such sign. When any sign becomes
insecure, in danger of falling or otherwise unsafe, or if any sign
shall be unlawfully installed, erected or maintained in violation
of any of the provisions of this article, the owner thereof or the
person or firm maintaining the same shall, upon written notice by
the Building Inspector/Code Enforcement Officer, forthwith in case
of immediate danger, make such sign conform to the provisions of this
chapter or shall remove it. If within 10 days the order is not complied
with, the Building Inspector/Code Enforcement Officer may take action
to remove such sign at the expense of the owner or lessee.
B.
The Building Inspector/Code Enforcement Officer may remove a sign
immediately and without written notice if, in his opinion, the condition
of the sign is such as to present an immediate threat to the safety
of the public.
C.
A sign shall be removed by the owner or lessee of the premises upon
which the sign is located when the business which it advertises is
no longer conducted on the premises. If the owner or lessee fails
to remove it, the Building Inspector/Code Enforcement Officer shall
give the owner notice to remove it. Upon failure to comply with this
notice, the Building Inspector/Code Enforcement Officer may remove
the sign at the expense of the owner or lessee thereof.
D.
Any permanent sign designating subdivision identification under § 193-17B(3) which violates any terms of this chapter and whose ownership cannot be ascertained may be removed by the Building Inspector/Code Enforcement Officer after 30 days' notice to the residents in the subdivision by legal notice published one time in the official Town/Village paper.
No nonconforming sign shall be enlarged, reconstructed, structurally
altered or changed in any manner, nor shall it be worded so as to
advertise or identify any use other than that in effect at the time
it became a nonconforming sign.
The Zoning Board of Appeals may, in appropriate
cases, after public notice and hearing and subject to appropriate
safeguards, vary or modify the application of this article in harmony
with its general purpose and intent.
Any person or persons jointly or severally aggrieved by any
decision of the Zoning Board
of Appeals acting with regard to this article in disapproving a sign
permit application and of the Building Inspector/Code Enforcement
Officer in denying such permit because of such disapproval may bring
a proceeding to review in the manner provided by Article 78 of the
Civil Practice Law and Rules in a court of record on the ground that
such decision is illegal, in whole or in part. Such proceeding must
be commenced within 30 days after filing of the decision in the office
of the Clerk of the Board.
The Building Inspector/Code Enforcement Officer shall have the
authority to enforce the removal of any signs that are in violation
of this article. Failure to comply with a written order within 10
days shall be considered a violation. If after 30 days from the date
of such notice the objectionable sign has not been removed, the Town/Village
of East Rochester shall have the authority to remove such sign and
shall charge the property owner for the cost of the removal.
