[HISTORY: Adopted by the Board of Trustees of the Village of Newark Valley 10-3-1994 by L.L. No. 1-1994. Amendments noted where applicable.]
A. 
The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, to create a more attractive economic and business climate and to enhance and protect the physical appearance of the community. This chapter also is intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents and to reduce hazards which may be caused by signs overhanging or projecting over public rights-of-way.
B. 
This chapter is intended to promote attractive signs which clearly and simply present their visual messages in a manner that is compatible with their surroundings.
As used in this chapter, the following terms shall have the meanings indicated:
SIGN
Any material, structure or device or part thereof composed of lettered or pictorial matter which is located out-of-doors or on the exterior of any building, displaying an advertisement, announcement, notice or names, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when placed in view of the general public.
A. 
AWNING SIGNAny visual message incorporated into an awning attached to a building.
B. 
COPY-CHANGE SIGNAny sign on which the visual message may be periodically changed.
C. 
DIRECTIONAL SIGNA sign limited to providing information on the location of any activity, business or event.
D. 
FREESTANDING SIGNAny sign not attached to or part of any building but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.
E. 
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, including reflective and phosphorescent light.
F. 
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
G. 
PORTABLE SIGNA sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.
H. 
PROJECTING SIGNA sign which is attached to a building wall or structure and which extends horizontally more than 15 inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.
I. 
REPRESENTATIONAL SIGNA three-dimensional sign built so as to physically represent the object advertised.
J. 
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 30 days.
K. 
WALL SIGNA sign which is painted on or attached to the outside wall of a building, with the face of the sign in the plane parallel to such wall and not extending more than nine inches from the face of such wall.[1]
SIGN DIRECTORY
A listing of two or more business enterprises, consisting of a matrix and sign components.
SIGN STRUCTURE
The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angles formed between any two of the sides or the projections thereof exceed 30°, each side shall be considered a separate sign structure.
SIGN SURFACE AREA
The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Both faces of a double-faced sign shall be included as surface area of such a sign.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Village office. Within six months following the effective date of this chapter, a permit shall also be obtained for any sign in existence as of the effective date of this chapter, unless excluded by the exempt signs provision under § 129-4. Subsequent to this initial application, no permit shall be required for a sign to be repainted or repaired or to have its message changed.
B. 
Application procedure. Applications shall be made, in writing, to the Village Clerk-Treasurer on forms prescribed and provided by the municipality and shall contain the following information:
(1) 
The name, address and telephone number of:
(a) 
The applicant.
(b) 
The owner of the property.
(2) 
The location of the building, structure or land upon which the sign now exists or is to be erected.
(3) 
Written consent or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.
C. 
If a new sign is to be erected, elevation and plan drawings should be included. In addition, a full description of the placement and appearance of the proposed sign should be included and should cover the following:
(1) 
The location on the premises and specifically its position in relation to adjacent buildings, structures and property lines.
(2) 
The method of illumination, if any, and the position of lighting or other extraneous devices.
(3) 
The graphic design, including symbols, letters, materials and colors.
(4) 
The visual message text, copy or content of the sign.
D. 
Approval. Upon the filing of a completed application, the Supervisor of Public Works shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with all the requirements of this chapter, he shall then give approval for the erection of the proposed sign or for an existing sign.
The following types of signs may be erected and maintained without permits or fees, provided that such signs comply with the general requirements of this chapter and other pertinent regulations:
A. 
Historical markers, tablets and statues, memorial signs and plaques, names of buildings and dates of erection, when cut into any masonry surface or when constructed of bronze, stainless steel or similar material, and emblems installed by governmental agencies or religious or nonprofit organizations, not exceeding six square feet in area.
B. 
Flags and insignias of any government, except when displayed in connection with commercial promotion.
C. 
On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, and similar signs, internally illuminated or nonilluminated, not exceeding four square feet per face and six feet in height. Business names and personal names shall be allowed, excluding advertising messages.
D. 
Nonilluminated warning, "Private Drive," "Posted" or "No Trespassing" signs, not exceeding two square feet per face.
E. 
One on-premises sign, either freestanding or attached in connection with any residential building, for permitted professional offices or home occupations, not exceeding two square feet and set back at least 10 feet from the highway right-of-way.
F. 
Numbers and nameplates identifying residents, mounted on a house, apartment or mailbox, not exceeding one square foot in area.
G. 
Lawn signs identifying residents, not exceeding one square foot or two square feet if doubled-faced. Such signs are to be nonilluminated, except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.
H. 
Private-owner merchandise sales signs for garage sales, yard sales, auctions and the like, not exceeding four square feet, for a period not exceeding seven days.
I. 
Temporary, nonilluminated "For Sale," "For Rent" and real estate signs and signs of a similar nature concerning the premises upon which the sign is located, one sign not exceeding four square feet per side, and in a business or industrial area, one sign not exceeding 50 square feet set back at least 15 feet from all property lines. All such signs shall be removed within three days after closing the sale or the effective date of the lease or rental of the premises.
J. 
One temporary sign for a roadside stand selling agricultural produce grown on the premises in season, provided that such sign shall not exceed 16 square feet and shall be set back at least 10 feet from the public right-of-way. Said signs shall be removed within three days after the produce is no longer being offered for sale.
K. 
Christmas holiday decorations, including lighting. These decorations are exempt from the provisions of this chapter and may be displayed without a permit.
L. 
At gasoline stations:
(1) 
Integral graphics or attached price signs on gasoline pumps.
(2) 
One portable sign per station, not exceeding 12 square feet and four feet in height.
M. 
Temporary directional signs for meetings, conventions and other assemblies. Said signs may be displayed seven days prior to said event, and said signs shall be removed within three days after the conclusion of said event.
N. 
One sign, not exceeding six square feet in the residential districts or 16 square feet in the business districts, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation or repair is in progress. Said signs shall be removed within three days of the completion of such work.
O. 
Political posters, banners, promotional devices and similar signs not exceeding four square feet in the residential areas or 16 square feet in the business areas, provided that:
(1) 
Placement shall not exceed 30 days.
(2) 
The names and addresses of the sponsor and the person responsible for removal are identified.
P. 
Banners of upcoming events or fund-raisers of community organizations that are regulated under the Banner Policy previously adopted by the Board of Trustees.[1]
[1]
Editor's Note: The Banner Policy is on file in the Village Clerk-Treasurer's office.
A. 
No off-premises signs shall be allowed other than as permitted under the exempt signs provisions of § 129-4 above.
B. 
No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights, except to show time and temperature.
C. 
No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement. No sign shall impair visibility for a motorist at a street corner or intersection by placement and location within 25 feet of the intersection of the street or highway lines.
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, which prohibited signs and sign supports from being placed upon the roof of any building, was repealed 10-13-2015 by L.L. No. 3-2015.
E. 
No sign shall consist of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.
F. 
No advertising message shall be extended over more than one sign placed along a street or highway.
G. 
No sign shall be attached to fences, utility poles or trees.
H. 
No sign shall be erected in such a manner as to confuse or obstruct the view of any traffic sign, signal or device.
I. 
No sign(s) shall be placed along a state highway without first obtaining permission from the New York State Department of Transportation in order to avoid conflict with any New York State law or regulations which may conflict with the provisions of this chapter and supersede the same.
J. 
No sign will exceed four feet in height from the ground when it is placed between the curb and sidewalk or beside a roadway.
The following permanent signs may be erected; provided, however, that the provisions of this section shall not serve to expand the number of signs otherwise allowed pursuant to § 129-7:
A. 
Off-premises directional signs for the convenience of the general public and for the purpose of directing people to a business, activity, service or community facility may be erected, provided that such signs do not exceed 10 square feet per establishment nor total more than two such signs per establishment. The message shall be limited to name or identification, arrow or direction and distance.
B. 
A nonilluminated, single-sided real estate development sign, including industrial and commercial development and residential subdivision, or a construction sign denoting the architect, engineer and/or contractor, not exceeding 32 square feet in business and industrial areas nor 16 square feet in residential areas, may be erected on property being sold, leased or developed. Such sign shall be erected parallel to the fronting highway and set back a minimum of 35 feet from the property line or attached to the building face. Such sign shall be removed upon completion of the project and shall be in place for a period not exceeding two years.
C. 
Signs or bulletin boards customarily incident to schools, places of worship, libraries, museums, social clubs or societies may be erected on the premises of such institutions. One such sign or bulletin board not exceeding 20 square feet may be erected for each entrance on a different street or highway.
D. 
For multiple dwellings or apartment developments, one sign advertising availability of dwelling units, not exceeding 20 square feet, shall be permitted. One such sign shall be permitted for each entrance on a different street or highway.
A. 
Permanent sign provisions.
(1) 
The total number of permitted signs on a single business lot shall not exceed two, of which only one may be freestanding.
[Amended 10-13-2015 by L.L. No. 3-2015]
(2) 
The total cumulative area of all signs permitted on such lot shall be calculated at the rate of one square foot of sign area per linear foot of building front, plus 1/4 square foot per linear foot of setback of the principal building on the property, whichever is less, but in no case in excess of 150 square feet.
(3) 
A total of up to 20 square feet shall be permitted for any use, regardless of building frontage.
[Amended 10-13-2015 by L.L. No. 3-2015]
(4) 
Representational signs shall not project in any direction more than four feet beyond the principal structure to which they are attached and shall not exceed 15 square feet. Only one such sign per establishment shall be permitted, with the area of such sign structure included within the total sign area permitted.
(5) 
Illuminated signs which indicate the time, temperature, date or similar public service information shall not exceed 32 square feet and shall not employ less than 60% of the total sign area, each side, for said public service information.
(6) 
Gasoline service stations shall additionally be permitted two price, product or promotional signs each, not exceeding 12 square feet or six square feet per side and, if located on the pump island or set not closer than 10 feet to the edge of the pavement, not exceeding eight feet above grade nor situated so as to impair visibility for pedestrians or motorists.
(7) 
Illuminated signs shall be turned off when the business they advertise is closed.[1]
[1]
Editor's Note: Former Subsection B, pertaining to portable signs, which immediately followed this subsection, was repealed 12-9-2008 by L.L. No. 4-2008.
A. 
In the event that a sign lawfully erected prior to the effective date of this chapter does not conform to the provisions and standards of this chapter, then such sign may continue in use until replaced or until the sign no longer advertises an existing business conducted or product sold on the premises upon which such sign is located.
B. 
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign.[1]
[1]
Editor’s Note: Former Subsection C, pertaining to maintenance, repair and alteration of nonconforming signs, and which immediately followed this subsection, was repealed 10-13-2015 by L.L. No. 3-2015.
A. 
Any sign existing on or after the effective date of this chapter which no longer advertises an existing business conducted or product sold on the premises upon which such sign is located shall be removed.
B. 
If the Supervisor of Public Works shall find that any sign regulated by this chapter is not used, is abandoned, unsafe or insecure or is a menace to the public, the Supervisor of Public Works shall give written notice to the named owner of the land upon which it is located, who shall remove or repair the sign within 30 days from the date of the notice. If the sign is not removed or repaired within said time period, the Supervisor of Public Works shall revoke the permit issued for such sign and may remove or repair the sign and assess the owner for all costs incurred for such service.
C. 
The Supervisor of Public Works may cause any sign which is a source of immediate danger to persons or property to be removed immediately and without notice.
A. 
General regulations.
(1) 
All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (UL 48) of Underwriters' Laboratories, Inc., or an equivalent standard, and bear the seal of Underwriters' Laboratories, Inc., or another acceptable service.
(2) 
If such sign does not bear the Underwriters' Laboratories, Inc., label, the sign shall be inspected and certified by the New York Board of Fire Underwriters. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.
(3) 
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
(4) 
All signs, including wall-mounted and projecting signs, shall be securely anchored and free from all hazards and employ acceptable safety materials.
B. 
Specific regulations of sign types. The following are descriptions of signs varying in construction and type which shall comply with the additional conditions set forth herein:
(1) 
Wall signs.
(a) 
Wall signs shall not extend beyond the ends or over the top of the walls to which attached and shall not extend above the level of the second floor of the building.
(b) 
Wall signs shall not extend more than nine inches from the face of the buildings to which attached, except that copy-change signs may extend 15 inches therefrom.
(c) 
Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of eight feet.
(2) 
Projecting signs.
(a) 
Projecting signs shall not have more than two faces.
(b) 
The exterior edge of a projecting sign shall extend not more than five feet from the building face or 1/3 the width of the sidewalk, whichever is less.
(c) 
No part of a projecting sign shall extend into vehicular traffic areas, and any part extending over pedestrian areas shall have a minimum clearance of eight feet.
(d) 
Projecting signs shall not extend above the level of the second floor of the buildings to which attached or in any case be higher than 12 feet.
(e) 
No projecting sign shall be closer than 15 feet to the corner of a building located at a street intersection.
(3) 
Freestanding signs.
(a) 
No freestanding sign shall be located less than two feet from the front property line, nor less than five feet from the side property line. No freestanding sign may be located less than 50 feet from any other freestanding sign. It shall not obstruct the view or constitute a safety hazard.
(b) 
If for any reason the property line is changed at some future date, any freestanding sign made nonconforming thereby must be relocated within 90 days to conform to the minimum setback requirements.
(c) 
Except as otherwise provided herein, no freestanding sign shall be more than 20 square feet per side for a double-faced sign.
(d) 
No freestanding sign shall be more than 20 feet in height above finished grade. Such height shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including supporting structures.
(e) 
No freestanding sign shall extend over or into the public right-of-way, nor shall it overhang the property lines.
(f) 
Freestanding signs under which a pedestrian walkway or driveway passes must have a ten-foot vertical clearance.
(g) 
Masonry wall-type signs shall not exceed four feet in height and shall not be placed so as to impair visibility for motorists.
(4) 
Other signs.
(a) 
Awning signs.
[1] 
No sign shall project from an awning.
[2] 
Awning graphics may be painted or affixed flat to the surface of the front or sides and shall indicate only the name and/or address of the enterprise or premises.
A. 
Any person aggrieved by a decision of the Supervisor of Public Works relative to the provisions of this chapter may appeal such decision, in writing, to the Board of Trustees and shall comply with all procedural requirements prescribed by such Board.
B. 
In granting any variance from the provisions of this chapter, the Board of Trustees must find that the variance is necessary for the reasonable use of the land or buildings, that granting the variance is in harmony with the general purposes and intent of this chapter, that such will not be injurious to the neighborhood character or otherwise detrimental to the public welfare and that denial of the variance would result in practical difficulty or unnecessary hardship to the applicant.
A. 
Any person, firm or corporation, whether as owner, lessee, agent or employee, who or which proceeds to erect, re-erect, construct or structurally alter any sign without first applying for and obtaining the necessary permit or who or which in any other way violates any provision of this chapter shall be guilty of an offense punishable by a fine of not more than $250, up to 15 days' imprisonment, or both.
B. 
In case of a violation of this chapter, the municipality and its officers may, in addition to any other remedies specifically conferred by law or ordinance, institute any appropriate proceeding to prevent unlawful erection, construction, reconstruction, alteration or use of any sign not in compliance with this chapter.