As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING SIGN
A sign that in any manner is placed flat or parallel or painted
upon the exterior wall or roof of a building.
DIRECTORY SIGN
A sign containing the names of multiple tenants located within
the same building or plaza.
COMMERCIAL SPEECH SIGN
Any sign that identifies, promotes, or pertains to:
A.
A commercial enterprise, operation, or activity; or
B.
A product, commodity, good, or service offered by or in the
course of a commercial enterprise, operation, or activity.
GROUND SIGN
A single or multifaced sign affixed to a supporting structure
that is embedded in and extending from the ground. Any support structure
shall be included in sign area to the extent that it is larger than
that necessary to support the sign.
MUNICIPAL SIGN
Any sign erected or maintained pursuant to and in discharge
of any governmental function or required by any law, ordinance or
governmental regulation; any sign erected or maintained by the Village
of Fairport in furtherance of the public health, welfare or safety;
any sign erected or maintained by the Fairport Municipal Commission
in discharge of its franchise and duties.
SIGN
Any name, identification, description, display, illustration,
symbol, logo, statue, device, graphic material or representation which
is visible from any public place, designed to advertise, identify,
or convey information, and/or used for the purpose of directing attention
to an object, product, service, place, activity, person, institution,
organization, or business. Displays of merchandise in storefront windows
at regular mercantile establishments shall not be considered signs.
Murals are not included in this definition.
TEMPORARY SIGN
A sign which is permitted to be used or erected only for
a limited period of time pursuant to the provisions of this chapter,
and which is designed to advertise or announce a particular event
or series of events, to solicit support or to announce the availability
for sale of a particular item or items or the offer of services which
will be available for such limited period.
WINDOW SIGN
A sign that is placed on or behind a windowpane and intended
to be viewed from outside the building.
The following signs shall not require a permit:
B. Noncommercial speech signs.
C. Repainting, maintenance, or refurbishing of a conforming commercial
speech sign, provided that the copy or logo does not change.
D. Credit card signs, provided that the total credit card sign area
does not exceed one square foot.
E. "Sale," "Lease," "For Rent," or "Open-For-Inspection" signs, provided
that such signs are removed in a timely manner.
F. One informational sign per business, not exceeding two square feet,
bearing a legend such as "Open."
G. Garage and estate sale signs, provided that each residence has only
up to two such sales per year and the signs are placed within one
day before the sale commences and are removed within one day after
the sale concludes. Garage sale signs can be located in front of the
house in which the garage sale is being conducted and at the closest
intersection to a major street, with a maximum of two signs.
H. Alarm or security company signs, provided that the total area of
said sign does not exceed one square foot.
Except as otherwise stated herein, the size, shape, location,
design, and total number of signs per parcel shall be in conformity
with the regulations contained in the attached schedule, which is
hereby made a part of Village Code.
The following signs are prohibited:
A. Signs that incorporate neon, fluorescent or similar colors.
B. Posted fliers. Posted fliers are not allowed in any residential district.
In all other districts, posted fliers shall not be attached to trees,
fences, utility poles, street furniture, public transit shelters,
automatic teller machines (ATMs), and the like.
C. Moving signs. Signs which move or simulate motion are prohibited.
This shall include flashing, blinking, animated, kinetic, rotating
signs or signs whose illumination or projected surface changes with
time, but shall not include time and temperature signs.
D. Pertinent advertising. No commercial speech sign shall be displayed
unless such sign advertises a bona fide business conducted in or on
the premises.
E. Price signs. Signs, other than window signs, specifying price, cost,
or value are not allowed, unless advertising the price of gas at a
gasoline station, as required by county law.
F. Product names, trade names, or logos. Product names, trade names,
and logos are permitted as a part of a sign only when the product
name, trade name or logo is integral to the name of the business or
tenant. No more than 10% of any sign may be used to display the product/trade
names of any products total sign area or commodities.
G. Reflective surfaces. Reflective surfaces are prohibited.
H. Right-of-way. Unless otherwise specified herein, no signs shall be
permitted in any public right-of-way.
I. Roof signs. No signs, banners, flags, attention-getting devices,
or other like advertising devices shall be permitted on the roof of
any building or structure or be mounted so as to project above the
rooftop.
J. Temporary signs, other than those specified in this chapter and in
the sign schedule, are prohibited.
K. Traffic hazard. No permanent or temporary sign shall be erected or
placed at or near the intersection of any streets in such a manner
as to cause a traffic hazard; or at any location where, by reason
of the position, shape, color or illumination of the sign, it may
interfere with, obstruct the view of, or be confused with any authorized
traffic sign, signal, or device.
L. No sign shall include anything that may be considered vulgar or obscene.
All signs and structures which support signs shall be properly
maintained at all times. The Code Enforcement Officer shall have the
authority to order the repair or removal of any sign and the accompanying
landscaping which constitutes a hazard to safety, health, or public
welfare by reason of inadequate maintenance, dilapidation, obsolescence,
or abandonment. Notification shall be by personal delivery or first-class
mail to the last known address of the property owner or occupant.
If the maintenance notice is not complied with within 15 days, said
notice shall become an order to abate the sign or perform the maintenance
or repair specified therein. If said order is not complied with within
15 days, the Code Enforcement Officer is authorized to pursue the
remedies contained in the enforcement section of this chapter.
The provisions of this chapter shall not be construed as relieving
or limiting in any way the responsibility or liability of any person,
firm, or corporation erecting or owning any sign from personal injury
or property damage resulting from said sign, or resulting from the
negligence or willful acts of such person, firm, or corporation, or
his or its agents, employees, contractors, workmen, in the construction,
maintenance, repair, or removal of any sign erected in the Village
of Fairport. The provisions of this chapter shall not be construed
as imposing upon the Village of Fairport or its officers, employees
or any board thereof any responsibility or liability by reason of
the approval of any signs, materials or devices under the provisions
of this chapter.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, and general welfare. Whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive or that imposing the higher standard shall govern.