[HISTORY: Adopted by the Village Board of
the Village of Liberty 2-22-2006 by L.L. No. 6-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 70, Signs, adopted 3-3-1986 by L.L. No. 2-1986.
This chapter is enacted pursuant to the provisions
of § 10 of the Municipal Home Rule Law of the State of New
York.
This chapter shall be known as the "Village
of Liberty Sign Law."
The purpose of this chapter is to create the
legal framework for a comprehensive and balanced system of signs throughout
the Village that will preserve free speech and expression; provide
an easy and pleasant communication between people and their environment;
and avoid the visual clutter that is potentially harmful to traffic
and pedestrian safety, property values, business opportunities, and
community appearance. With these purposes in mind, it is the intent
of this chapter to authorize the use of signs that:
A.
Are compatible with the architecture of the buildings
on which they are displayed and with their surroundings and provide
an improved visual environment;
B.
Are appropriate to the activity that displays them;
C.
Are expressive of the identity of individual activities
and the community as a whole;
D.
Are legible in the circumstances in which they are
seen;
E.
Protect prominent viewsheds within the community;
F.
Protect the benefits derived from expenditures of
public funds for the improvement and beautification of streets, and
other public spaces and structures; and
G.
Protect the investments made by private parties in
their properties.
Any sign that can be displayed under the provisions
of this chapter may contain a noncommercial message.
As used in this chapter, the following terms
shall have the meanings indicated:
See "sandwich board."
(See also "changeable copy," "movement," and "electronic
message boards.") The movement or the optical illusion of movement
of any part of the sign structure, design, or pictorial segment, including
the movement of any illumination or the flashing or varying of light
intensity; the automatic changing of all or any part of the facing
of a sign.
(See also "signable area," "wall" and "roof signs.") Any
projection, relief, cornice, column, change of building material,
ornamentation, fancy brickwork, window, or door openings permanently
attached to any building.
A cloth, vinyl, wood or metal shade over a window or door
permanently attached to and supported by a building with angular braces
to the wall of that building.
A cloth or vinyl shade over a window or door of a building
on a frame that is permanently attached to and supported by a building
with angular supports and which can be raised or retracted to a position
against the building when not in use.
Graphics applied to an awning or canopy, where the text and/or
logo constitute the sign area.
A fabric sign temporarily placed over a public right-of-way
to promote a civic or community event.
A canvas or fabric sign mounted to a building or structure
with secure hardware in such a manner as to allow minimal movement.
Public signs constructed of fabric and attached to streetlights
within public rights-of-way for the purpose of identifying neighborhoods,
districts and/or community identity.
A sign composed of a logo or design on a lightweight, flexible
fabric (generally vinyl) not enclosed in a rigid frame nor secured
or permanently mounted, such that it allows motion.
A light source that consists of light bulbs with a twenty-watt
maximum wattage for each bulb.
A structure having a roof supported by columns or walls.
A freestanding ground-mounted sign with a message area greater
than 35 square feet that is generally, but not always, located on
property different than that of the businesses or enterprises it advertises;
messages on a billboard are those that may be permanently posted or
changed periodically.
The side of a building or structure, which may or may not
be facing a public right-of-way, containing the primary entranceway
for pedestrian traffic entering or exiting the building, or a store
within a building.
An internally illuminated sign with a translucent face, usually
of plastic. (See "internally illuminated.")
A permanent cover over a pedestrian or vehicular way, made
of either fabric or more permanent materials, that is attached to
a building and supported either by angular braces from the wall of
the building or by a frame reaching the ground; a canopy can be an
original architectural feature of a building or a separate structure
added later.[1]
Copy that is changed periodically within a permanent framework
or reader board.[2]
Any sign that is erected for the purpose of promoting a commercial
activity, nonprofit enterprise, organization, product names, or services
and identifying the location of these activities. Political signs
are not considered commercial signs.
A sign on private premises erected at entrances and exits
intended to direct the public to its business premises; it may be
on-or off-premises; generally used to control traffic through designated.
A sign erected by a governmental agency intended to direct
traffic or provide way-finding to facilities and services, either
public or private areas.
A listing of two or more occupants or enterprises located
in the same building or development, together with the name of the
building or development, that is affixed to a building facade or incorporated
into a ground-mounted sign.
A computer-controlled internally illuminated screen displaying
constantly scrolling messages.
Regular activity associated with for-profit businesses (either
retail, wholesale or service), nonprofit and not-for-profit corporations
or other entities, agencies; and public or private organizations.
Illumination of a sign by an artificial source of light not
contained within the sign itself.
(See also "signable area.") The side or wall of a building
below the eaves.
The side of a building below the eaves that is blank and
does not have windows or architectural details.
Fabric on a pole that is the official standard of a government
or governmental agency.
Fabric on a pole with a graphic design that is not of an
established government or governmental agency. Flags signs are normally
taken down on a daily basis.
A sign whose illumination is not maintained stationary or
constant in intensity and color at all times when it is lit. Electronic
message boards are not considered flashing signs.
A vivid color which has the quality of fluorescence and glows
as if with fluorescence.
A painted wall sign that remains from an earlier time and/or
use of a building which provides evidence of the history of the use
of the building or activities of the community.
The average level of the finished surface of the ground adjacent
to a sign or the exterior wall of the building to which a sign is
affixed.
A purposeful design, with or without text, executed in a
two- or three-dimensional medium that conveys specific information
to the viewing public.
A sign supported by one or more uprights, posts, or bases
placed upon or affixed in the ground and not attached to any part
of a building. Pole signs and monument signs are two types of ground
signs.
The vertical distance measured from grade at the edge of
the adjacent right-of-way to the highest point of the sign.
A sculpture or image that serves as the primary means of
identifying the services or product of an enterprise with or without
text (e.g., a tooth for a dentist, glasses for an optometrist).
A sign that identifies the name of the occupant of a building.
A sign lit by artificial or reflected light either internally
or externally.
A light source not seen directly or which is not intended
to illuminate a particular sign.
A sign that is constructed of vinyl or other material and
inflated with air or gas to create a three-dimensional attraction,
such as balloons, blimps, cartoon or movie characters, and tethered
to the ground or a building with ropes or wires.
A light source that is concealed or contained within the
sign and becomes visible in darkness through a translucent surface.
Internally illuminated signs do not include neon signs.
A sign that is so designated based on findings that it is
a community landmark due to its historic and/or architectural associations
or artistic merit, and its established presence within the Village;
generally found within designated historic districts. (See also "ghost
signs.")
[Amended 2-25-2009 by L.L. No. 1-2009]
Illumination that at five feet inside an adjacent residential
parcel, public street or highway or beyond emitted from an artificial
light source that exceeds 0.1 horizontal footcandles and 0.1 vertical
footcandles; illumination that at 10 feet inside an adjacent commercial
or industrial parcel or a public roadway or beyond exceeds 0.1 horizontal
footcandles or 0.1 vertical footcandles; and any line-of-sight to
a light source by an observer at a point five feet or more beyond
a residential property line or a public right-of-way at ground level
or above.
A graphic symbol that is legally identified with a specific
business, agency or enterprise.
A special type of permanent canopy that is attached to, supported
by, and projecting from a building: allows for changeable copy; and
usually incorporates special lighting. It is typically associated
with theater uses.
A type of ground-mounted sign displayed on a permanent and
solid decorative base of brick, wood, metal or other structural material,
which serves as an entry feature or focal point for a property, in
contrast to signs mounted on poles or posts.
(See also "animation.") Physical movement or revolution up
or down, around, or sideways that completes a cycle of change at intervals
of less than 20 seconds.
Copy or postings that change at intervals more frequent than
once every five seconds.
A building that houses two or more units and occupants.
A grouping of two or more business establishments that share
either parking facilities on the lot where they are located, or that
occupy a single structure or separate structures that are physically
or functionally related or attached.
A building that houses two or more different types of uses
(e.g., commercial and residential).
A sign whose main feature is light produced by gas-filled,
electrically charged tubes bent to form letters, symbols, or other
shapes. Neon gas is only one of several types of gases used in a "neon
sign."
A sign that was lawfully constructed or installed prior to
the adoption or amendment of this chapter and was in compliance with
all of the provisions of this chapter then in effect, but which does
not presently comply with this chapter. If a property has more signs
than this chapter allows, any signs in excess of that number are nonconforming.
[Amended 2-25-2009 by L.L. No. 1-2009]
A sign posted to notify the general public of restrictions
or warnings, especially of a legal nature (e.g., "no trespassing,"
"no dumping," "no parking," "lawn chemicals in use").
An entity that occupies a building or unit within the building
which it may or may not own.
A sign that advertises an enterprise not located on the same
lot or premises.
A sign which identifies the name or log of an enterprise
and/or the services offered on the same lot or premises.
A sign painted directly on the facade of a building, which
cannot be removed except by painting over it or applying a paint remover
to the wall of the building. (See also "ghost sign.")
A string of multiple triangular-shaped pieces of fabric,
usually of various colors that attracts attention through movement.
(See "string sign.")
Any durable sign that is securely attached to the ground,
a building or structure, including those interior signs that are installed
flush against the window so as to be seen from the outside.
A freestanding sign that is permanently supported in a fixed
location by a structure of poles, uprights, or braces from the ground
and not supported by a building or a base structure.
A sign intended to express an ideological or political idea
or sentiment or to advance a candidate for office, political position
or cause that is to be voted upon in an official caucus, primary,
general or special election.
[Amended 2-25-2009 by L.L. No. 1-2009]
A sign not permanently attached to the ground or a building
(with or without wheels), is self-supporting, and able to be moved
from place to place. (See also "trailer sign.")
A type of wall sign with a frame permanently affixed to a
building facade that allows for a changeable display of printed posters,
the overall area of which does not exceed 12 square feet.
The lot or lots, plots, portions, or parcels of land considered
as a unit for a single use or development, whether owned or leased,
and not located in a shopping center or multi-use building.
A master plan for all signage on a single development site,
consisting of one or more lots, which provides for the overall number,
size, location, and aesthetic coordination of all signs on the premises.
A sign attached to and projecting perpendicular from the
wall of a building.
A sign listing an architect, engineer, contractor, and/or
owner involved in redevelopment, demolition, construction, renovation,
painting or other similar activity that is displayed on the lot where
the activity is being conducted only during the time period when the
project activity is in progress.
A sign placed by a governmental agency within a public right-of-way
for purposes of identifying a district or neighborhood, promoting
the historic downtown, or promoting community image and events and
which may have changeable copy.
A sign that is constructed so as to allow for the periodic
change of copy to inform the public about upcoming events and which
may be illuminated or not.
A sign intended to express or advance a particular religious,
moral or ethical idea, statement or viewpoint.
[Added 2-25-2009 by L.L. No. 1-2009]
The ridgeline and highest portion of a roof; spires, cupolas,
or other architectural features that extend above the main roof are
not considered part of the roof and as such are not to be used in
determining the highest part of the roof.
A sign that is painted, erected, constructed, or maintained
on any portion of the roof above the eave line of the building.
A sign displayed above the roof peak, or parapet wall of
a flat-roofed building.
A small, easily movable sign placed on the sidewalk (or otherwise
within a public right-of-way) in front of a business used to promote
daily specials, sale items, menus, etc. during business hours. The
sign consists of two planes or boards hinged at the top to create
a self-supporting base for the graphic displayed on both sides. The
dimensional measurements of such signs shall not exceed a total width
of 24 inches or a total height of 42 inches, including supports thereof.
The message on the sandwich board may or may not be changeable.
[Amended 2-25-2009 by L.L. No. 1-2009]
A commercial development under unified control consisting
of four or more separate commercial establishments sharing a common
building, or which are in separate buildings that share a common entranceway
or parking area.
A lettered, numbered, symbolic, pictorial or sculptural visual
display designed to identify a business or announce, direct, or inform,
that is visible from a public right-of-way.
[Amended 2-25-2009 by L.L. No. 1-2009]
A two-dimensional area that describes the largest geometric
shape on the facade of a building which is free of architectural details.
The area of a sign is calculated by enclosing the outside
dimensions of a sign, not including its supports or base in the case
of a ground sign. Where the sign consists of individual letters or
symbols attached to or painted on a building or other structure, the
sign area shall be considered to be the smallest rectangle or circle
which encompasses all of the letters or symbols. If a sign has two
identical faces that are back-to-back, not more than two feet apart,
and supported by the same pole or structures, only the area of one
of the faces is counted as the area of the sign; if more than two
feet apart or more than two faces (identical or otherwise), the area
of all of the faces is counted as the area of the sign.
A pole, monument base, posts or other structure used for
the primary purpose of supporting a sign.
A wall sign that is readable at night by placement of a light
source behind and hidden by its individual elements (lettering, numbering,
and/or logo) so as to wash the wall with light and create a silhouette
of the sign elements. (See also "indirect illumination.")
A string or rope with pennants or fringe along it that creates
an attraction through movement. (See "pennant sign.")
Anything built that requires a permanent location. This term
includes a building.
A sign that promotes, discusses, relates or comments special
events, such as grand openings, seasonal sales, community events,
etc., that is constructed of light-weight, inexpensive and impermanent
materials, impermanently tethered to a building, structure or posts,
and which is on display for a limited, specified amount of time.
An individual, family, organization or business enterprise
occupying a unit in a multi-use, multitenant building, or shopping
center.
A portable sign on wheels, with or without internal illumination,
that is self-supporting and able to be moved from place to place.
(See also "portable sign.")
A sign which is the result of a new technological innovation
and for which there is no standard terminology, which may or may not
meet the purposes or intent of the Sign Law.
A sign attached directly to an exterior wall of a building
or dependent upon a building for support, with the exposed face of
the sign substantially parallel to the exterior building wall to which
it is attached.
Any glazed portion of a building facade, be it within a wall
or door, that allows (or would allow but for the color or tint of
the glass or any other obstruction in front of, behind, on or in the
glass) views into the interior of the building.
Any permanent or temporary sign or flyer that is posted in
a window such that its graphic, message or information may be viewed
from the exterior of the building. (See also "window sign, painted.")
A sign painted, or affixed in the case of adhesive vinyl
letters, to or in the window of a building so as to be readable from
the exterior of the building. Although removable, the sign is considered
a permanent feature of the window/building. (See "window sign, interior.")
A sign painted on, or affixed to in the case of adhesive
vinyl letters, a window specifically located in an upper story of
a commercial building, so as to be readable from the exterior of the
building.
[Added 2-25-2009 by L.L. No. 1-2009]
[1]
Editor's Note: The former definition of "certificate
of appropriateness," which immediately followed this definition, was
repealed 2-25-2009 by L.L. No. 1-2009.
[2]
Editor's Note: The former definition of "COA,"
which immediately followed this definition, was repealed 2-25-2009
by L.L. No. 1-2009.
The Village of Liberty hereby establishes the
following districts governing signage as delineated on the official
GIS map hereby appended as Schedule A and on file in the Code Enforcement
Office of the Village of Liberty. The sign districts are distinguished
by their individual characters.
A.
Downtown Commercial Core. The district essentially
coincides with the National Register Historic District except that
residentially zoned properties within the National Register District
have been excluded. Thus, all the properties within this sign district
are zoned C, Commercial.
B.
Gateway District. The district includes properties
zoned C, Commercial, or M, Manufacturing, that lie along major routes
leading into the Downtown Commercial Core.
C.
Highway Commercial Corridor. The district includes
Sullivan Avenue (old Route 17) that essentially parallels New York
State Highway Route 17 (future Interstate 86) and the eastern portion
of NYS Route 52.
D.
Residential District. The district includes all residentially
zoned property in the Village: R-1, Low-Density Residential and R-2,
Medium-Density Residential.
[Amended 2-25-2009 by L.L. No. 1-2009[1]]
To encourage high-quality, creative, and attractive
signs within all sign districts, the Village of Liberty hereby incorporates
the document entitled "Sign Guidelines," to this chapter, as Schedule
B.[2] This document shall provide general guidelines and principles
for the appropriate design, size and text of signs, along with visual
examples of attractive and effective signs for use in the development
of sign permit applications and as a basis for the Code Enforcement
Officer's determinations.
The following regulations shall apply to all
sign districts.
A.
Permits. All enterprises shall be identified with a permanent sign. All signs, except those exempt in § 70-8J below, must be issued sign permits by the Code Enforcement Officer of the Village of Liberty prior to their erection.
[Amended 2-25-2009 by L.L. No. 1-2009]
B.
All signs must be clean and free from all hazards.
Any damaged sign that poses a danger to the public shall be removed
or made safe immediately upon written notification by the Code Enforcement
Officer. Any damaged sign that does not pose a danger to the public
shall be repaired or removed within 60 days of written notification
by the Code Enforcement Officer.
C.
All signs shall have sufficient horizontal and vertical
clearance so as to permit pedestrian traffic and provide clear and
unobstructed visibility for vehicles entering and exiting streets
and highways.
D.
No sign shall be erected in such a manner as to mimic
or obstruct the view of any traffic sign or signal.
E.
Illumination.
(1)
Any permanent sign may be illuminated in accordance
with the specific provisions of this chapter for the various sign
districts.
(2)
Temporary signs may not be illuminated.
(3)
The lighting intensity of any sign, whether internally
lit or externally lit, shall not exceed 25 footcandles as measured
with a standard light meter directly below the light source or four
footcandles measured at a height of five feet six inches above grade
below the light source.
(4)
All illuminated signs or sign lighting devices shall
maintain a constant light intensity.
(5)
The source of the light illuminating a sign shall
not be visible except in the case of neon signs.
(6)
No lighting trespass is allowed.
F.
No permanent private sign of any size or description
may be erected, placed, maintained or extended into or over the right-of-way
of any street or highway.
G.
Allowable signs.
(1)
Public signs.
(2)
Civic banners.
(3)
Landmark signs, as officially designated by the Code
Enforcement Officer.
[Amended 2-25-2009 by L.L. No. 1-2009]
(4)
Signs that are not specifically defined, prohibited
or allowed or which are determined to be in accordance with the overall
purposes and intent of this chapter by the Code Enforcement Officer.
[Amended 2-25-2009 by L.L. No. 1-2009]
H.
Program for signs. The owners of different businesses
located on a single development site, occupants of a shopping center
or occupants of a multi-tenant building may submit a program for signs
to the Code Enforcement Officer that need not comply with some or
all of the requirements of this chapter. The proposed program for
signs shall contain graphic representations in accordance with the
submittal requirements and any other visual aides required by the
Code Enforcement Officer. If the submitted program for signs is found
to meet the overall purposes and intent of this law, the Code Enforcement
Officer may approve the application with conditions and time limits,
if warranted, and the program for signs will become legally enforceable
for the affected properties.
[Amended 2-25-2009 by L.L. No. 1-2009]
I.
Prohibited signs.
(1)
Billboards placed, erected or constructed after the
effective date of this chapter.
(2)
Portable signs, not including sandwich boards.
(3)
Trailer signs.
(4)
Flashing signs, or those with flashing illumination.
(5)
[1]Inflatable signs.
[1]
Editor's Note: Former Subsection I(5), regarding animated signs, and Subsection I(7), regarding string or pennant signs, were repealed 2-25-2009 by L.L. No. 1-2009. This local law also provided for the renumbering of former Subsection I(6) as I(5) and Subsection I(8) through (12) as Subsection I(6) through (10), respectively.
(6)
Off-premises signs.
(7)
Roof and roof-top signs.
(8)
Illuminated temporary signs.
(9)
Any sign not expressly permitted or exempt shall be deemed prohibited, subject to exemptions for programs for signs under § 70-8H.
[Amended 2-25-2009 by L.L. No. 1-2009]
(10)
Any sign containing obscene or pornographic words,
pictures or graphic depictions.
J.
Exempt signs. Subject to § 70-8F, the following signs are exempt from the permit requirement:
[Amended 2-25-2009 by L.L. No. 1-2009]
(1)
Signs designated as landmarks by the Code Enforcement
Officer.
(2)
Temporary window signs. Note that there are limitations
to the amount of window blockage allowable under each sign district.
(3)
A building name that is an architectural detail of
a building.
(4)
Project signs not exceeding six square feet in area
during the time the activity is in progress.
(5)
Notification and identification signs not exceeding
two square feet in area or two in number on any premises.
(6)
Private directional signs not exceeding two square
feet in area.
(7)
Public directional signs.
(8)
Commemorative and historic signs (including plaques)
not exceeding two square feet in area.
(9)
Flags of any government or governmental organization
or decorative flags in residential districts. Decorative flags are
limited to one per store front or residence.
[Amended 2-25-2009 by L.L. No. 1-2009]
(10)
Real estate sale or rental signs, provided that:
(a)
The sign area is not in excess of four square
feet when located on property within the Residential district.
(b)
The sign area is not in excess of eight square
feet when located on property within the Downtown Commercial Core
or Gateway Districts.
(c)
The sign area is not in excess of 12 square
feet when located on property within the highway Corridor District.
(11)
Temporary signs, provided that:
(12)
Yard sale signs, on or off the premises, that are
displayed only with the permission of the property owner and for the
duration of the event.
(13)
Political signs and religious signs, provided that:
[Amended 2-25-2009 by L.L. No. 1-2009]
(a)
The number of signs, size of signs and height
of signs shall be no more than the maximum number, size and height
of any other sign permitted in such district;
(b)
For political signs which advance a candidate
for office or political position or a cause that is to be voted upon
in an official caucus, primary, general or special election, such
signs shall be removed no later than four weeks after such caucus,
primary, general or special election; and
(c)
The sign must be displayed with the permission
of the property owner.
[Amended 2-25-2009 by L.L. No. 1-2009]
At the center of the Downtown Commercial Core
is the Downtown Liberty National Register Historic District, an area
worthy of preservation and consequently special protection with appropriate
sign regulations. The dense urban fabric within this District, with
accompanying sidewalks, provides a pedestrian-friendly environment.
Vehicles moving through this area do so at minimal speeds and traffic
lights allow time for visual orientation of drivers to the enterprises
located in the area. Thus materials, sizes, and locations of signs
shall be geared to this type of movement, suggesting the use of finer
materials, smaller sizes and lower sign placement.
A.
Number, size and quality of signs.
(1)
The number of signs on any building or property shall
be kept to the minimum necessary to adequately convey the name of
an enterprise, identify entrances and directions, and announce when
the enterprise is open for business.
(2)
The maximum sizes for permanent wall and ground-mounted
signs stated herein are not as-of-right; rather the allowable size
of a sign shall be determined by how it relates, by proportion and
detail, to the facade of the building or property on which it is located
and by its visibility for the context in which it will be viewed.
(3)
Where found to be attractive and well-coordinated,
up to four individual signs on any single building or one storefront
in multitenant premises are allowed (e.g., wall sign, neon sign within
a window area, projecting sign, and sandwich board).
(4)
Temporary signs for identification purposes shall
be limited to two calendar months and seven days.
B.
Wall signs.
(1)
Only one wall sign is allowable in the signable area
of each building facade or, where a single building has multiple storefronts,
one wall sign per storefront. In addition a building directory is
allowed at each entrance for multitenant buildings/properties.
(2)
The maximum area of any wall sign is the width of
the building frontage times two feet or 60% of the signable area,
whichever is less. Directory signs shall not exceed six square feet
in area. No sign may project above the eave line or parapet of any
roof in the district.
(3)
Wall signs must be located within a signable area.
(4)
Wall signs must be constructed of high-quality, durable
materials. Individual molded and mounted plastic letters that appear
to be painted wood letters are permitted on an otherwise conforming
sign.
(5)
Ghost signs may be retained and restored, if desired
by the applicant, if officially recognized as a landmark sign and,
if retained, shall not be obscured or counted in determining the allowable
sign area on any given building facade.
C.
D.
Projecting signs.
(1)
One projecting sign per building facade or one per
building entrance is allowed on single-tenant buildings.
(2)
Multitenant buildings may have projecting signs with
individual tenant listings, but they must be installed within a coordinated
scheme, and physical framework and brackets.
(3)
No projecting sign shall:
E.
Awnings signs.
(1)
All awnings over some or all window or door openings
of a premises shall be coordinated.
(2)
Graphics may be placed on the front and/or side panels
of the awning, but not on the slope.
(3)
Awnings shall be opaque such as not to appear illuminated
if lighting fixtures are placed underneath them.
(4)
Awnings over sidewalks shall maintain seven feet of
clearance to allow for pedestrian movement and sufficient clearance
for vehicular traffic over driveways.
F.
Ground signs.
(1)
Ground signs are allowable only where all buildings
and structures are set back from the edge of the right-of-way a minimum
of 20 feet and the lot frontage is a minimum of 50 feet.
(2)
One ground sign per premises, or per entrance/exit
when the property has frontage on two or more public roadways.
(3)
The maximum height for pole signs is 12 feet from
the top of the sign to the ground. For all other ground signs the
maximum height is six feet from the top of the sign to the ground.
(4)
The maximum square footage for pole signs is 12 square
feet.
G.
Sandwich boards. One sandwich board sign is allowed
if it meets the following conditions:
H.
Illumination. All illumination of awnings shall be external and shall meet the general requirements set forth in § 70-8E.
I.
Project signs. Project signs larger than six square
feet in area shall be no larger than 18 square feet in area and shall
be located in accordance with the general provisions of this Sign
Law.
[Amended 2-25-2009 by L.L. No. 1-2009]
The Gateway District includes both commercial
(C) and Manufacturing (M) Zoning Districts and encompasses the primary
entranceways into the Downtown Liberty National Register District.
At the south end of the Downtown Commercial Core, the gateway district
incorporates the first automobile-oriented area of the Village. Buildings
here date to the early- to mid-20th Century and generally reflect
a modern architectural character. In the northern and western portions
of this sign district, residential buildings are interspersed with
more recent commercial buildings. Although the underlying zoning throughout
the district is commercial, the ongoing residential uses require protection,
and signage for enterprises within the older residential area deserves
special consideration to enhance the historic character of the Village
and provide appropriate entranceways into the Downtown Commercial
Core.
A.
Number and quality of signs. The number of signs on
any building or property shall be kept to the minimum necessary, as
determined by the Code Enforcement Officer, to adequately convey the
name of an enterprise, identify entrances and direction and announce
when the enterprise is open for business. Temporary signs for identification
purposes shall be limited to two calendar months and seven days.
B.
Size of signs. The maximum sizes for permanent wall
and ground-mounted signs stated herein are not as-of-right; rather
the allowable size of a sign shall be determined by how it relates,
by proportion and detail, to the facade of the building or property
on which it is located and by its visibility for the context in which
it will be viewed.
C.
Wall signs.
(1)
Only one wall sign is allowable in the signable area
of each building facade, except that a shopping center or multitenant
building may have one wall sign per storefront.
(2)
The maximum area of any wall sign is the width of
the building frontage times two feet or 40% of the signable area,
whichever is greater.
(3)
In addition to the allowable wall sign, a multitenant
premises may have directory signs located at or near each entrance,
none of which shall not exceed 12 square feet in area.
(4)
No sign may project above the eave line or parapet
of any roof in the district.
D.
E.
G.
Ground signs.
(1)
Ground signs are allowable only where all buildings
and structures are set back from the property line/edge of right-of-way
a minimum of 10 feet and where the lot frontage is a minimum of 100
feet.
(2)
One ground sign per premises, or per entrance/exit
when the property has frontage on two or more public roadways.
(3)
The maximum height for pole signs is 16 feet from
the top of the sign to the ground. For all other ground signs the
maximum height is six feet from the top of the sign to the ground.
(4)
The maximum area for any ground sign is 16 square
feet.
The Highway Corridor District is located at
the south and west entrance into the Village along New York State
Highway Route 52. It has a character of being oriented to vehicular
rather than pedestrian traffic. Large stand-alone buildings, fast-food
franchises and strip shopping malls built within the past 30 years
are the predominant building types in this District. In addition,
signs in much of the district are viewable from New York State Highway
Route 17 (future Interstate 86) that passes through the Village of
Liberty. As a consequence, the primary signs that identify businesses
in this District may be larger than those in the two other commercial
districts. Because pedestrian traffic is minimal and generally limited
to the areas between individual parking lots and the businesses they
serve, the type of materials for signs is less critical than in other
districts.
A.
Wall signs.
(1)
Wall signs are limited to building facades viewable
from a public street or highway and must be located within signable
areas.
(2)
Only two wall signs are allowable on any one building
facade for single-tenant buildings. Multiple-tenant buildings are
allowed to have one wall sign per storefront.
(3)
The total area of wall signage on any one building
facade shall not exceed 40% of any signable area.
B.
Temporary window signs. Signs on the interior of windows
in the Highway. Sign District are not regulated under this chapter.
C.
Projecting signs.
(1)
Only two projecting signs are allowable per building
facade facing a public street or highway, or parking lot for single-tenant
buildings. Multiple-tenant buildings are allowed to have one wall
sign per storefront.
(2)
No projecting sign shall:
(a)
Extend more than six feet from the building
facade on which it is located.
(b)
Extend higher than 20 feet (measured from the
top of the sign to the ground) or above the eave or parapet of the
roof, whichever is lower.
(c)
Have less than 14 feet from grade over any vehicular
drive or eight feet of clearance from grade over a sidewalk.
D.
Awnings. Awnings are allowable in the Highway Corridor
District but must maintain a clearance of 14 feet from grade over
any vehicular drive and a clearance of eight feet over any sidewalk
area.
E.
Ground signs.
(1)
Only one pole sign per premise is allowed.
(2)
One monument sign per frontage on a public street
or highway is allowed.
(3)
All ground signs must be set 10 feet back from the
edge of street paving within a right-of-way or the edge of an internal
driving aisle.
(4)
Pole signs shall not exceed 40 feet in height (measured
from the top of the sign to the ground).
(5)
Monument signs shall not exceed eight feet in height
(measured from the top of the sign to the ground).
A.
Signs in the Residential Sign District are not allowed
except for:
(2)
Ground signs identifying buildings or residents and/or
the location thereof not exceeding eight square feet in area and the
top of which is four feet in height above the ground, located at the
entrances to an apartment complex or multifamily residential building.
B.
Commercial signs in the Residential Sign District are not allowed except for premises with a home occupation approved under § 87-18 of the Village Code:
[Amended 2-25-2009 by L.L. No. 1-2009[1]]
(1)
One sign per wall and which does not exceed four square
feet in area.
(2)
One ground sign per street frontage, the top of each
of which is limited to four feet above the ground and the sign area
of which is limited to four square feet.
[1]
Editor's Note: This local law also repealed
former Subsection C, regarding political signs.
[Amended 2-25-2009 by L.L. No. 1-2009]
A.
Change and modification. A nonconforming sign or sign
structure shall be brought into conformity with this chapter if it
is altered, reconstructed, replaced or relocated.
B.
A legal nonconforming sign shall lose its legal nonconforming
status and shall be removed:
(1)
When a nonconforming sign, or at least 50% of a nonconforming
sign, is blown down, destroyed, or for any reason needs to be replaced;
(2)
When the condition of the nonconforming sign or nonconforming
sign structure has deteriorated and the cost of restoration of the
sign to its condition immediately prior to such deterioration exceeds
50% of the value of the sign or its structure;
(3)
When the use of the nonconforming sign, or the property
on which it is located, has ceased, become vacant, or been unoccupied
for a period of 60 consecutive days or more. An intent to abandon
is not required as the basis for removal under this subsection. With
respect to billboards placed, erected or constructed prior to the
effective date of this chapter, use of same shall be deemed to have
ceased if it is not used or rented for a period of 60 consecutive
days or more; or
(4)
When a nonconforming sign, or at least 50% of a nonconforming
sign, is blown down, destroyed, or for any reason needs to be replaced;
C.
Billboards placed, erected or constructed prior to the effective date of this chapter. Notwithstanding anything in this chapter to the contrary, a billboard which is a nonconforming sign as defined in § 70-5 which was placed, erected or constructed prior to the effective date of this chapter shall be permitted to remain.
[Added 2-25-2009 by L.L. No. 1-2009]
A.
Any sign, not including landmark or ghost signs, whether
existing on or erected after the effective date of this local law,
which advertises a business no longer being conducted or a product
no longer being offered for sale in or from the premises on which
the sign is located, shall be removed within 90 days of the cessation
of such business or sale of such product by the owner, agent or person
having the beneficial interest in the building or premises on which
such sign is located.
B.
If the Code Enforcement Officer shall find that any
such sign advertising a business no longer being conducted or a product
no longer being offered for sale in or from the premises on which
the sign is located has not been removed within 90 days of the cessation
of such business or sale of such product, he or she shall give written
notice to the owner, agent or person having the beneficial interest
in the building on the premises on which such sign is located. Removal
of the sign shall be effected within 10 days after receipt of the
notice from the Code Enforcement Officer. If such sign is not removed
after the conclusion of such ten-day period, the Code Enforcement
Officer is hereby authorized to cause the sign to be removed forthwith
at the expense of the owner, agent or person having the beneficial
interest in the building or premises on which such a sign is located,
in addition to any other remedies available to the Code Enforcement
Officer pursuant to law.
[Amended 2-25-2009 by L.L. No. 1-2009]
A.
Permit required. No person shall erect or display a sign unless the Code Enforcement Officer has issued a permit for the sign or the sign is exempt from the permit requirement pursuant to § 70-8J of this chapter.
B.
Application. A person proposing to erect or display
a sign shall file an application for a permit with the Code Enforcement
Officer. The application shall contain the following:
(1)
The name, address, and telephone number of the owner
and occupant of the premises where the sign is to be erected or displayed;
the sign district in which it is located; and any variance that has
been approved.
(2)
Current color photographs of all building facades
on which there are currently signs or which are proposed to contain
signs, as well as any other freestanding signs on the premises.
(4)
Specifications for the construction or display of
the sign and the technical specifications for its illumination.
(5)
A nonrefundable processing fee of $25 for the first
sign application and $5 for each subsequent sign application shall
be paid at the time that the application is submitted.
C.
Review and time limits.
(1)
The Code Enforcement Officer shall promptly review
the application upon the receipt of a completed permit application
and upon payment of the permit fee by the applicant.
(2)
The Code Enforcement Officer shall approve or disapprove
the application within 21 days from the date the completed application
with permit fee was filed, unless this time period has been extended
upon the consent of the applicant.
(3)
If the permit for the sign is not approved, the Code
Enforcement Officer shall send by certified mail a letter stating
the reasons for the denial to the address of the applicant listed
on the sign application.
(4)
The Code Enforcement Officer shall issue a permit within five business days of his or her approval of the application as set forth in § 70-16C(2).
(5)
The decision of the Code Enforcement Officer, shall
be filed with the Clerk of the Village within 10 days after the issuance
of such decision.
[Amended 2-25-2009 by L.L. No. 1-2009]
(6)
A sign application not decided upon within the time
frames established hereinabove shall be deemed denied as of the expiration
of said time frames.
D.
Appeals. Any applicant who is denied a permit for the display of a sign may file a written appeal to the Zoning Board of Appeals, a copy of which shall be provided to the Code Enforcement Officer by the applicant within five days of the filing of the appeal. The appeal must be filed with the Zoning Board of Appeals within 30 days after the decision of the Code Enforcement Officer is filed with the Village Clerk [§ 70-16C(5)] or the application is deemed denied [§ 70-16C(6)], or 25 days after the decision is mailed by certified mail to the applicant [§ 70-16C(3)], whichever is later.
E.
Revocation of permit. All rights and privileges acquired
under any provision of this law are mere licenses and are revocable
by the Code Enforcement Officer upon demonstration that a sign is
in violation of the provisions of the Village of Liberty Sign Law.
The Code Enforcement Officer for the Village
of Liberty is hereby charged with enforcing this chapter according
to the following provisions.
A.
Inspections. Periodic inspections of all sign districts
with photographic documentation of premises with signs shall be conducted
to document whether signs displayed are in compliance with the applicable
regulations.
B.
Register of nonconforming signs. A list, comprising
the official register, of all nonconforming signs within the Village
shall be maintained.
C.
Landmark signs. A list of all signs determined to
be landmark signs shall be maintained.
D.
Notice. Notice of violation(s) shall be made in writing
and sent to the owner of the premises, and to the occupant of the
premises for which the sign is displayed, if different. Such notice
shall include a specified time frame in which the violation is to
be rectified.
E.
Cause removal of signs in violation of this chapter.
After due notice, the Code Enforcement Officer shall order and/or
cause the removal and disposal of those signs that continue to be
in violation of this chapter including those not maintained in accordance
with the approved application permit. The costs for such removal shall
be added to the tax bill for the real property from which the sign
has been removed by the Treasurer of the Village of Liberty if not
paid in full by the date the Treasurer certifies the tax rolls for
the Village for that year.
F.
Any sign illegally placed within public rights-of-way
may be removed without notice. The costs for such removal shall be
added to the tax bill for the real property from which the sign has
been removed by the Treasurer of the Village of Liberty if not paid
in full by the date the Treasurer certifies the tax rolls for the
Village for that year.
The invalidation of any section, subsection,
clause, or phrase of this chapter by any court of competent jurisdiction
shall not affect the validity of the remaining portions of the chapter.
