Village of Fayetteville, NY Signs

Except as otherwise stated in this chapter, any person desiring to procure a permit for a sign or signs shall file a written application for sign approval with the Village Planning Board through the Code Enforcement Office. Each application will be approved or disapproved by the Village Planning Board. Upon approval by the Village Planning Board, a sign permit must be obtained from the Village Codes Enforcement Officer, which sign permit shall be granted upon a showing that the proposed sign complies with said approval, this chapter and the New York State Uniform Fire Prevention and Building Code.

All applications for sign approval and/or sign permit shall include the following:

Name, address and telephone number of applicant.

Location and zoning district of the building, structure or land to which or upon which the sign is to be erected.

A detailed drawing or blueprint showing description of the construction details, size and color of the sign and showing the lettering style and pictorial matter composing the sign, position of lighting or other devices, a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures, lot lines and to any private or public street or highway.

Written consent of the owner of the building, structure or land to which or upon which the sign is to be erected.

(e)

A copy of any required or necessary electrical permit issued for said sign or a copy of the application therefor.

Time limit. If a sign permit has not been obtained within 60 days from the date of issuance of said sign approval, said sign approval shall become null and void but may be renewed by the Planning Board for good cause after expiration of said date. In order to obtain a renewal, a written request for the same and explanation of the need for the renewal must be submitted to the Planning Board. If the sign authorized under any such sign permit has not been erected within six months from the date of the issuance of such permit, the permit shall become null and void but may be renewed by the Codes Enforcement Officer for one additional three-month period, for good cause shown, after the expiration date. In order to obtain a renewal, a written request for the same and explanation of the need for said renewal must be submitted to the Codes Enforcement Officer.

Criteria.

The number, area and dimensions of permitted signage set forth in this Article VI shall be considered the maximum allowable, and the Planning Board shall grant lesser signage wherever necessary to comply with the standards set forth herein.

The Planning Board shall grant sign approval for only that signage which complies with each of the following standards, and it shall be the applicant's responsibility to provide all documentation required by the Planning Board to establish compliance with this article:

The signage shall be specifically compatible with the architectural features of the structures and improvements located on the site.

The signage shall be generally compatible with the architectural style of the structures and improvements located on the adjacent properties in the surrounding neighborhood and the character thereof.

The signage shall not impede vehicular or pedestrian safety on or surrounding the site and shall be constructed, located and maintained in a safe manner.

The signage shall comply with the Code of the Village of Fayetteville.

The Planning Board shall consider the following factors in determining whether the signage complies with the above standards:

Sign type, number, size, material, color, location and design.

The physical and aesthetic characteristics of all structures and improvements on the site; and the surrounding area and physical characteristics of the site.

The Planning Board shall impose such conditions on the approval of any sign as, in its opinion, are necessary and reasonable to implement the provisions of this article.

§ 187-21 Certificate of sign compliance.

New or modified signs.

Application for a certificate of sign compliance must be filed with the Codes Enforcement Officer immediately upon erection of any new or modified sign for which a sign permit is required.

If a certificate of sign compliance is denied or if application has not been filed within two weeks of erection and/or modification of a sign, said sign must be removed immediately. The Codes Enforcement Officer may extend said time period, even after expiration thereof, for one additional two-week period upon a showing of just cause. In order to obtain an extension, a written request for extension and explanation of the need for the same must be submitted to the Codes Enforcement Officer.

Signs existing at the time of the adoption of this article.

Application for certificate of sign compliance for all existing signs shall be filed within 10 days of receipt of written notice from the Codes Enforcement Officer.

If a certificate of sign compliance is denied or if application is not filed within two weeks of receipt of said written notice, said sign must be removed immediately. The Codes Enforcement Officer may extend said time period, even after expiration thereof, for one additional two-week period upon a showing of just cause. In order to obtain an extension, a written request for extension and explanation of the need for the same must be submitted to the Codes Enforcement Officer.

Said certificate of sign compliance must be kept on the premises at all times and must be available for inspection during regular business hours.

If a sign for which a valid certificate of sign compliance has not been obtained pursuant to this section is not removed by the owner of the sign or the owner of the property on which it is located as set forth herein, the Codes Enforcement Officer may cause said sign to be removed and charge the costs thereof to the owner of the sign or the owner of the property on which said sign is located. Said expense may be charged as a lien against the real property.

§ 187-22 Fees; bond.

Except as otherwise stated in this chapter, application fees of $25 shall be required to apply for permanent sign approval and $15 shall be required to apply for a temporary sign permit. Such fees shall accompany the written application. No additional fee shall be required for a sign permit or for a Certificate of Sign Compliance from the Codes Enforcement Officer.

When, in the opinion of the Village Planning Board, a hazard exists to the public health, welfare and safety, the Village Planning Board may require a bond and/or insurance policy for the protection of the Village in such amount(s) deemed to be sufficient at the time of application.

§ 187-23 Measurements.

Signs shall be measured as follows:

Borders.

Attached signs, including a border or frame, shall be measured along the exterior edge of said border or frame, and the interior area of such measurement shall be considered the area of the sign.

Where letters, symbols or signs are attached to a translucent backlit structure or canopy, the area of the face of the translucent backlit surface shall be considered the sign border.

Signs of freestanding letters and/or symbols attached to a structure or canopy shall connect the exterior edge of said letters and/or symbols for purposes of measurement, and said connected area shall be deemed the border for measurement as set forth above.

Freestanding signs shall be measured along the exterior edge of the border or frame, and only one side of double-sided signs shall be counted as the sign area.

§ 187-24 Prohibited signs.

[Amended 2-11-2013 by L.L. No. 8-2013]

Except as otherwise herein provided by this chapter, the following are prohibited:

Notices, posters or other papers or devices calculated to attract the attention of the public affixed to any lamppost, public utility pole or shade tree or upon any public structure or building except as may be authorized by this article.

Billboards.

Any exposed (external to a building) neon or gas-filled tube-type signs visible form the public right-of-way. Any existing neon or gas-filled tube signs may not be replaced or repaired.

Signs projecting from buildings, except where attached flush or parallel to and within 12 inches of a permitted structure.

Roof signs (except aviation direction painted on roof surfaces).

Flashing, moving, fluttering, revolving or intermittent signs.

Banners, posters, ribbons, balloons, spinners or streamer devices.

Strings of lights for advertising or attracting attention.

Tethered, gas-filled, airborne advertising devices.

Signs or other lighting devices of excessive intensity beamed or directed upon a public right-of-way or adjacent premises so as to cause a traffic hazard or other nuisance.

Any sign(s) which constitute(s) a traffic hazard.

Electronic or electronically controlled message boards (or signs) where scrolling or moving copy or changing graphics of any kind are shown and are viewable from the public right-of-way; any sign which changes the text of its copy electronically or by electronic control. This prohibition also applies to static electronic message boards or signs.

Internally illuminated signs where the light is contained within the sign or device so as to become an integral part of the sign and/or intrinsic to the functioning of the sign or device. LED signs and the like fall within this category.

Backlit signs where the illumination of opaque or halo-lit letters is by a concealed light source in which the light projects away from the viewer.

Signs or devices that emit audible sound, odor, or visible matter.

Any replacement signs viewable from the public right-of-way, including window signs, incorporating gas-filled illuminating devices.

Any sign not specifically permitted by this Article VI.

§ 187-25 Signs permitted in R-B, L, TB, CB and I Districts.

In districts zoned R-B, L, TB, CB and I, as established by this chapter, signs shall be permitted in compliance with the following regulations upon issuance of Planning Board sign approval, a sign permit and a certificate of sign compliance. The Planning Board shall permit less than the maximum allowance where necessary to meet the criteria of § 187-20C.

The maximum vertical dimension or height of such sign shall be 24 inches and the maximum horizontal dimension or length of sign shall not exceed 75% of the street frontage of the business establishment upon which such sign is erected or applied, and no lettering on such sign shall be more than 12 inches in height or width. In any case, however, the maximum horizontal dimension or length of such sign shall not exceed 25 feet on all street frontages for the business establishment. No sign shall extend beyond the top or ends of the building's surface upon which it is applied.

More than one attached sign for each business establishment may be permitted subject to the approval of the Village Planning Board, provided that the combined signs do not exceed the maximum limitations for a single sign as herein prescribed.

Advertising on signs is restricted to the name of the owner, trademark, logo, trade name, main products sold and/or the business activity conducted on the premises whereon the sign is located, except as may otherwise be specifically allowed herein. Any combination of one or more of the preceding shall not exceed the authorized dimensions as stated in Subsection A.

One freestanding sign may be used, subject to the approval of the Village Planning Board, in place of all permitted attached signage. Such freestanding sign shall not be larger than six square feet, nor exceed 60 inches in height, and must be located within the lot boundary and at least three feet behind any sidewalk.

At the entrance of buildings with business establishments, nameplates of uniform design and appearance at each such building and not more than 18 inches long and nine inches in height may be mounted on the sides of such entrance, provided that they are placed flat against the exterior wall. Signs may bear either the name of the proprietor of the business conducted, the nature of the business, the goods sold or the services rendered on the premises, or any or all of them. No approval is required from the Planning Board but a sign permit from the Codes Enforcement Officer is required. No fee will be charged for signs as outlined in this subsection.

Such signs which by nature are regulatory to the control of traffic on private property are subject to the approval of the Village Planning Board.

Notwithstanding the provisions of § 187-25A, public and not-for-profit uses in said districts shall be entitled to one sign of at least eight square feet upon compliance with all other restrictions set forth herein as approved by the Planning Board.

Subject to the approval of the Village Planning Board, a banner sign may be displayed over a street, sidewalk or highway for a period not to exceed 14 days, provided that it is securely fastened to buildings or anchored to other adequate devices, and a public liability bond or policy in the sum of at least $50,000 shall be furnished for each banner which extends across a street, sidewalk or highway.

§ 187-26 Signs permitted in all other districts.

In all other districts, any property where a for-profit commercial or industrial use, including but not limited to customary home occupational services conducted by the resident only, group residences A and B, commercial residences A and B, nursing/convalescent homes, private schools and/or nursery and day-care centers, is permitted by a valid special permit, site plan approval, use variance or legal nonconforming use, and which use is in compliance with all regulations and requirements of this chapter, the following signage shall be permitted upon issuance of Planning Board sign approval, a sign permit and certificate of sign compliance: one sign not to exceed two square feet, identifying the business name and/or name and address of the occupants of the premises only, either attached to the principal structure or, where the Planning Board deems it inappropriate to attach said sign to the principal structure, the sign may be placed parallel to the front of the principal structure within three feet thereof, not to exceed 2 1/2 feet in height; the Planning Board shall permit less than the maximum allowance where necessary to meet the criteria of § 187-20C.

In all such districts, public and not-for-profit uses shall be permitted the following signage upon compliance with all restrictions set forth in § 187-25: one attached or freestanding sign not to exceed eight square feet.

The Planning Board shall be authorized to permit projecting signs upon a finding that the same would be more compatible with the criteria set forth in § 187-20C hereof than those otherwise permitted.

§ 187-27 Gasoline stations and repair garages.

All gasoline stations and/or repair garages shall be entitled to the signage permitted by § 187-25 upon compliance with all restrictions set forth therein. In addition, the following signage shall also be permitted upon issuance of Planning Board sign approval, a sign permit and certificate of sign compliance:

One auxiliary sign not to exceed six square feet, which may be either attached or freestanding, to be located within the lot boundary and at least three feet behind any sidewalk. The height of any freestanding sign shall not exceed four feet from grade. Said auxiliary sign may advertise and/or identify the name of the establishment, the type of products sold and/or services rendered and/or the price of the products sold and/or services rendered.

One pump island price sign for each gasoline pump not to exceed one square foot in area each.

§ 187-28 Permit not required.

[Amended 8-8-1994 by L.L. No. 4-1994; 1-9-1995 by L.L. No. 1-1995; 2-11-2013 by L.L. No. 8-2013]

The following signs are permitted in any use district without a permit or the payment of any fee:

Signs advertising the sale or rental of the premises upon which the sign is located.

Two such signs shall be allowed: one on the premises of the sale and one as a directional sign to the sale.

Each such sign shall not exceed four square feet in area.

Such directional sign shall only be displayed during the day when a representative of the owner is located on the premises and allowing prospective buyers or renters to be shown the premises to be sold, leased or rented.

If such directional sign is placed on property other than the holder of the sale, written permission from the property owner shall be submitted to the CEO showing such permission, along with a statement from the holder of the sale stating what day the sign shall be erected and what day it shall be removed.

Such signs shall not be:

Posted or affixed to any lamppost, public utility pole or shade tree.

Located in a public right-of-way or on New York State, Onondaga County or Village of Fayetteville owned property.

Placed in a position that will obstruct or impair vision or traffic or in any manner that creates a hazard or disturbance to the health and welfare of the general public.

(6)

Such signs shall be removed within 24 hours after the premises is sold, leased or rented.

(7)

Nothing in this section shall allow signs which advertise the lease or rental of premises made available for durations of less than one month, including, but not limited to, hotels, motels, bed-and-breakfasts or guest houses.

Signs denoting the architect, engineer or contractor, placed on premises where work (construction, repair, alteration, painting, siding, roofing, landscaping) is in progress.

Such signs shall not exceed four square feet in area.

Such signs shall not be:

Posted or affixed to any lamppost, public utility pole or shade tree.

Located in a public right-of-way or on New York State, Onondaga County or Village of Fayetteville owned property.

Placed in a position that will obstruct or impair vision or traffic or in any manner that creates a hazard or disturbance to the health and welfare of the general public.

Such signs shall be removed within one week of the end of the work.

Signs advertising a garage, household items or lawn sale.

Two such signs shall be allowed: one on the premises of the sale and one as a directional sign to the sale.

Each such sign shall not exceed four square feet.

If such directional sign is placed on property other than the holder of the sale, written permission from the property owner shall be submitted to the CEO showing such permission, along with a statement from the holder of the sale stating what day the sign(s) shall be erected and what day it shall be removed.

Such signs shall not be:

Posted or affixed to any lamppost, public utility pole or shade tree.

Located in a public right-of-way or on New York State, Onondaga County or Village of Fayetteville owned property.

Placed in a position that will obstruct or impair vision or traffic or in any manner that creates a hazard or disturbance to the health and welfare of the general public.

In no event shall the sign(s) be displayed for a period to exceed 72 hours.

(e)

Such signs shall be removed within three hours after the garage, household or lawn sale ends.

The Village of Fayetteville Board of Trustees is hereby authorized to adopt and, from time to time, amend regulations, controlling the fees, method of permitting, and use for the implementation of this subsection pertaining to signs pertaining to permits are not required.

§ 187-29 Exception.

[Amended 2-11-2013 by L.L. No. 8-2013]

For the purposes of this chapter, any sign(s) required pursuant to and in discharge of a governmental function or by any law, ordinance or governmental regulation shall be permitted notwithstanding this article.

Such sign(s) shall not exceed the minimum size and number required by the governmental unit;

Any requirements of this article not inconsistent with said governmental unit regulations shall be adhered to;

Such sign(s) shall not require a sign permit or a certificate of sign compliance from the CEO; and

No fee shall be imposed by the Village therefor. Said sign(s) required by the governmental unit shall not diminish the signage which would otherwise be permitted by this article.

§ 187-30 Temporary signs.

[Amended 4-28-1997 by L.L. No. 3-1997; 2-11-2013 by L.L. No. 8-2013]

All signs of a temporary nature, such as political posters, promotional devices and other signs of a similar nature shall be considered temporary signs and shall be permitted only in compliance with this subsection as either a temporary window sign or a temporary freestanding sign.

A temporary sign shall comply with any and all regulations adopted by the Village's Board of Trustees pertaining thereto.

The Village of Fayetteville's Board of Trustees is hereby authorized to adopt and, from time to time, amend regulations, controlling the fees, method of permitting, and use for the implementation of this subsection pertaining to temporary signs.

All other signs shall be considered permanent signs requiring approval of the Village of Fayetteville's Planning Board or shall be prohibited.

No temporary sign shall be permitted which would otherwise be prohibited pursuant to § 187-24, Prohibited signs.

All signs shall be kept clean, neatly painted and free from all hazards, such as, but not limited to, loose fittings or fixtures and shall be maintained at all times in such safe condition as not to be detrimental to the public health and safety.

(6)

Temporary signs shall not be illuminated in any manner.

Temporary window sign. A temporary window sign is one that is painted or affixed in a nonpermanent manner to the interior or exterior of a window and visible from the exterior of the premises and which are intended to advertise and/or identify any products or services provided or sold on or off the premises for compensation. Temporary window signs shall be in compliance with the following requirements:

No approval is required for a temporary window sign from the Village of Fayetteville's Planning Board.

Temporary window signs shall not advertise and/or identify the name of the business or not-for-profit entity or its telephone number or e-mail address.

Temporary window signs shall be permitted without any sign approval, sign permit or certificate of sign compliance.

Temporary window signs shall not exceed 25% of the area of the window(s) in which or to which they are affixed.

Temporary window sign shall remain in place for not more than two continuous months per year.

(6)

Temporary window signs shall not be placed in a position that will create a hazard or disturbance to the health and welfare of the general public.

Temporary freestanding sign. A temporary freestanding sign (including a portable "A" frame, sandwich board sign) is not considered a temporary window sign, as defined in Subsection B above, and shall be in compliance with the following requirements:

A temporary freestanding sign shall be permitted upon the following conditions:

A temporary freestanding sign permit from the business or not-for-profit entity shall be submitted to the CEO.

No approval is required for a temporary freestanding sign from the Village of Fayetteville's Planning Board.

No temporary freestanding sign permit shall be valid unless it includes the date the sign permit became effective and the date of its termination noted legibly on the face thereof.

Each business or not-for-profit entity shall be entitled to display only one temporary freestanding sign, regardless of message, for a period of time not to exceed 12 weeks each calendar year.

The temporary freestanding sign's display period of time shall be measured in weekly increments, even if not used for a full week.

The temporary freestanding sign shall be placed within 10 feet of the business' main entrance and not in the public right-of-way.

No such temporary freestanding sign shall be placed on the property other than that of the business or not-for-profit entity.

The maximum permitted area for temporary free standing sign shall be six square feet.

(e)

The maximum height for a freestanding temporary sign shall be four feet from grade.

(f)

The temporary freestanding sign shall not advertise the telephone number or e-mail address.

Such temporary freestanding signs shall not be:

Posted or affixed to any lamppost, public utility pole or shade tree.

Located in a public right-of-way or on New York State, Onondaga County or Village of Fayetteville owned property.

Placed in a position that will obstruct or impair vision or traffic or in any manner that creates a hazard or disturbance to the health and welfare of the general public.

§ 187-31 Issuance and revocation of permits.

The Village Codes Enforcement Officer shall be vested with the authority to issue sign permits, certificates of sign compliance, temporary sign permits and sign permit stickers for signs which comply with this article and to supervise the erection, installation, application, alteration and removal of any sign, whether it be permanent or temporary.

All signs must be kept clean, neatly painted and free from all hazards, such as but not limited to faulty wiring, loose fittings or fixtures, and must be maintained at all times in such safe condition as not to be detrimental to the public health and safety. In the event of a violation of any of the foregoing provisions, the Codes Enforcement Officer shall give written or personal notice specifying the violation to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within 30 days from the date of said notice. In the event that such sign shall not be conformed within 30 days, the Codes Enforcement Officer shall thereupon revoke the permit, and such sign shall be removed by the named owner of the sign and/or the named owner of the land. The Codes Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice and shall charge all costs and expenses incurred in said removal against the owner of the sign or the owner of the property on which said sign is located. Said expenses may be charged as a lien against the real property.

All fees as set forth herein shall be subject to revision from time to time upon resolution of the Village Board and postings in the Village Office.

§ 187-32 Removal of certain signs.

[Amended 2-11-2013 by L.L. No. 8-2013]

Any sign existing on or after the effective date of this article which no longer advertises any existing business conducted or product sold on the premises in the Village of Fayetteville shall be removed by the business, not-for profit entity or owner of the premises upon which such sign is located.

Any sign that is in violation of §§ 187-23, 187-24, 187-25, 187-26, 187-27, 187-28, 187-30 and 187-32 shall be removed by the owner of the business, director of the not-for-profit entity and/or owner of the property upon which such sign is located.

The CEO is authorized to remove such sign upon 48 hours of a written or verbal notice to the business or not-for profit entity that is in violation of the Code of the Village of Fayetteville.

The CEO is authorized to remove any sign without any notice that is:

Attached to fences, trees, utility poles or the like.

Located in a public right-of-way.

Place in a position that will obstruct or impair vision or traffic or in any manner that creates a hazard or disturbance to the health and welfare of the general public.

If the owner of the business, director of the not-for-profit entity and/or owner of the property upon which such sign is located does not remove a sign upon 48 hours of a written or verbal notice, the CEO will issue an appearance ticket in accordance with § 187-40.

If the owner of the business, director of the not-for-profit entity, owner of the property or party who attached a sign to a fence, tree, utility pole or the like; placed a sign in a public right-of-way; and/or placed a sign in a position that will obstruct or impair vision or traffic or in any manner that creates a hazard or disturbance to the health and welfare of the general public continues to do so after 48 hours of a written or verbal notice, the CEO will issue an appearance ticket in accordance with § 187-40.