The intent of these regulations is to promote
and protect public health, welfare and safety by regulating and restricting
the location, construction, repair, removal, alteration and maintenance
of signs and other advertising devices in the Village. The regulations
are intended to promote and protect public health, welfare and safety
by regulating and restricting existing and proposed signs and advertising
devices of all kinds. It is intended to promote public safety, to
protect property values, to create a more attractive economic climate
and to enhance the scenic and natural beauty of the Village.
[Amended 3-27-1997 by L.L. No. 1-1997; 3-12-2018 by L.L. No. 3-2018]
A. Except for those signs specifically identified in §§
200-74,
200-75 and
200-76, no sign shall be erected in Cuba Village without a permit issued by the Zoning Officer.
B. The provisions and regulations specified herein apply only to exterior
signs and signs which are visible from the public right-of-way.
C. Except for temporary signs, no sign permit shall be issued by the
Zoning Officer without the approval of the Planning Board.
D. All signs shall be securely attached to a building or a structurally
sound support, and their display surfaces shall be kept neatly painted
and in good repair at all times.
E. No illuminated signs or outdoor illumination shall direct light in
a way that would create a traffic hazard or nuisance or be unreasonably
detrimental to adjoining or neighboring properties.
F. A flush-mounted building sign shall not extend more than 12 inches
from the face of the building to which it is attached into a public
right-of-way or sidewalk.
G. No sign or part thereof shall contain or consist of banners, posters,
pennants, ribbons, streamers, spinners or similar fluttering devices.
H. No sign shall consist of animated or moving parts.
I. No movable or portable signs shall be placed on any premises in the Village except for temporary signs which are approved under §
200-76.
J. No sign shall be erected or maintained upon the roof of any building
or structure.
K. No motor vehicle, mobile home or trailer on which is placed or painted
any sign shall be parked or stationed in a manner primarily intended
to display the sign.
L. Except for directional or directory signs, no sign shall be erected
or maintained within the public right-of-way of any street or within
10 feet of any property line, unless flush-mounted to a building.
M. No sign shall be permitted which advertises a business use or service
other than that which exists on the premises on which said sign is
located.
N. The regulations specified herein shall not apply to any sign or directional
device erected by any governmental agency, nonadvertising signs identifying
underground utility lines or posted or preserve signs erected pursuant
to the Environmental Conservation Law of the State of New York.
O. No sign shall be erected in such a manner as to confuse or obstruct
the view of any traffic sign, signal or device.
P. No sound amplifiers, public address systems or other sound devices
shall be used as a means of advertising or to attract attention to
a sign.
Q. For purposes of calculation of the total area of any freestanding
sign, only one side of such freestanding sign shall be taken into
consideration in arriving at the total area.
[Added 3-12-2018 by L.L.
No. 3-2018]
All murals and signs painted on buildings, which are observable
from public thoroughfares, shall be approved by the Planning Board.
A. Murals or signs painted on buildings shall be kept in good repair
or painted over.
B. No mural or sign shall contain indecent, pornographic, or defamatory
language that maligns or belittles any of the following, but not limited
to: a person, product, institution, practice or belief. The public
display of offensive sexual material as defined and prohibited in
the penal law is prohibited.
C. Any sign authorized in this section may contain a noncommercial message
in lieu of other copy and prohibit with the provision.
[Amended 3-12-2018 by L.L. No. 3-2018]
A. The total area of all signs erected on a single property to advertise
a specific business or activity, including freestanding and building
signs, shall not exceed an area of two square feet for each linear
foot of building frontage of the principal structure measured along
the street or off-street parking area that provides the principal
access for the use.
B. Directional signs that do not exceed two square feet in sign area
and are limited to such texts as "Office," "Entrance," "Exit," "Parking"
and "No Parking" shall be excluded from the limitation on the total
area of signs permitted.
C. No freestanding sign shall be more than 20 feet in height, measured
from the highest level of natural ground immediately beneath the sign
to the highest point of the sign or the supporting structure thereof.
The Planning Board shall establish the setback for freestanding signs
to ensure that such signs do not obstruct the view of motorists or
create a nuisance to adjacent properties.
D. A flush-mounted building sign shall not extend more than 12 inches
from the face of the building to which it is attached into a public
right-of-way or sidewalk.
E. Business identification signs attached to windows and/or doors on the interior of a building and which are visible from the public right-of-way shall be excluded from the calculations to determine the maximum allowable sign area on a property specified in Subsection
A above, provided that such window or door signs do not exceed 30% of the total surface area of the windows and/or doors on the facade of the building to which said signs are attached. If such signs exceed the 30% limit, they shall be counted in determining the total area of all signs permitted on a property (Subsection
A).
F. Signs attached to the windows and/or doors of business establishments to advertise the temporary sale of a product or commercial service and which do not identify the name of the business shall be excluded in determining the total area of all signs permitted on a property (Subsection
A).
Notwithstanding the standard governing the total area of signs permitted to be erected or maintained on any parcel of real property set forth in §
200-71 above, the following standards shall guide the regulation of all signs associated with projects when more than one principal building or business use or activity is proposed to be conducted upon a single parcel of real property, such as in the case of a shopping center, plaza or mall or other multiple commercial use facility or industrial park.
A. A single freestanding sign of up to 32 square feet
in area and not more than 20 feet in height may be erected to identify
the name of the center or facility as a whole and to announce the
names of individual businesses at the site.
B. Freestanding signs advertising individual businesses
within a shopping center or joint development project shall be prohibited.
C. One sign identifying individual businesses or uses
may be erected for each separate principal activity. Individual business
signs shall be attached to the face of the building. Such signs shall
not exceed the lesser of two square feet of area for each linear foot
of store frontage or 20% of the surface area of the building face
on which the sign is to be attached.
D. An industrial park may have one directory sign at
any location therein which shall not exceed five square feet for each
acre of land, provided that no such sign shall exceed 20 square feet
in area.
E. At each point of entrance and exit for vehicular traffic
into a multiple commercial use facility or industrial park, one additional
directory sign shall be permitted which does not exceed two square
feet for each acre of land in such multiple commercial use facility
or industrial park. Such signs shall not exceed a total area of 12
square feet.
F. An overall sign design plan for any such center or
facility shall be submitted with the application for the site development
permit. The sign design plan shall include plans for each principal
activity therein and shall reflect a reasonable uniformity of design,
lettering, lighting and material.
The following signs are permitted in all districts
without a permit:
A. Signs bearing the name of the principal occupant and/or
the street address of a private dwelling which do not exceed two square
feet in area.
B. Professional nameplates which do not exceed two square
feet in area.
C. Signs advertising the sale, lease or rental of the
premises upon which the sign is located which do not exceed six square
feet in area.
[Added 1-26-2000 by L.L. No. 3-2000]
The following sign regulations apply in the
Genesee Historic District:
A. The total area of all signs erected on a single property
to advertise a specific business or activity, including freestanding
and building signs, shall not exceed an area of 20 square feet with
maximum dimensions not to exceed 48 inches in height by 72 inches
in width.
B. The bottom of any freestanding sign shall be not less
than three feet nor more than five feet above the highest level of
natural ground immediately beneath the sign. The Planning Board shall
establish the setback for freestanding signs to ensure that such signs
do not obstruct the view of motorists or create a nuisance to adjacent
properties.
C. Directional signs that do not exceed two square feet
in sign area and are limited to such texts as "Office," "Entrance,"
"Exit," "Parking," and "No Parking" shall be excluded from the limitation
on the total area of signs permitted.
D. Building signs shall not project more than 12 inches
from the face of the building to which the sign is attached.
E. Business identification signs attached to windows and/or doors on the interior of a building and which are visible from the public right-of-way shall be excluded from the maximum allowable sign area on a property specified in Subsection
A above, provided that such window and/or door signs do not exceed 30% of the total surface area of the windows and/or doors on the fagade of the building to which said signs are attached. If such signs exceed the thirty-percent limit, they shall be counted in determining the total area of all signs permitted on a property.
F. Signs attached to the windows and/or doors of business
establishments to advertise the temporary sale of a product or commercial
services and which do not identify the name of the business shall
be excluded in determining the total area of all signs permitted on
a property.
Notwithstanding the other provisions of this
section, noncommercial speech signs may be displayed without a permit
subject to the following regulations:
A. Residential district.
(1) Noncommercial speech signs may be permitted in any
residential district without a sign permit, subject to the following
conditions:
(a)
The maximum number of noncommercial speech signs
per lot shall be two, excepting posted or preserve signs erected pursuant
to the Environmental Conservation Law of the State of New York.
(b)
Of the total number of signs, only one shall
be a window sign. No window sign shall exceed 25% of the total window
opening or one square foot, whichever is smaller.
(c)
A building-mounted sign may not exceed two square
feet in total area. Any building-mounted sign shall be located in
proximity to an exterior entrance.
(d)
A ground-mounted sign, unless otherwise specified
herein, shall:
[1]
Not exceed six square feet in sign copy area;
[2]
Not exceed four feet in height above grade;
[3]
Maintain a minimum ground clearance of two feet;
[4]
Not be closer to any lot line than 1/2 of the
required setback;
[5]
Not interfere with vehicle site distances either
from, along or to a public way; and
[6]
Not be illuminated, except indirectly.
B. Business and industrial districts.
(1) Noncommercial speech signs associated with nonresidential
uses may be allowed in any business or industrial district without
a sign permit, subject to the following conditions:
(a)
The maximum number of noncommercial speech signs
per lot shall be two, excepting posted or preserve signs erected pursuant
to the Environmental Conservation Law of the State of New York.
(b)
The total area of the two permitted signs shall
not exceed 20 square feet in area.
(c)
Freestanding noncommercial speech signs shall
not be closer to any lot line than 1/2 of the required setback.
(d)
Freestanding noncommercial speech signs shall
not exceed six feet in height above grade level.
(e)
Building-mounted noncommercial speech signs
shall be located on the first floor front facade of the structure.
(f)
Noncommercial speech signs shall not be illuminated,
except indirectly.
(2) Noncommercial speech signs associated with a residential use in a business or industrial district shall comply with the standards specified above in Subsection
A.
Nonconforming signs shall not be altered, rebuilt,
enlarged, extended or relocated, unless such action changes a nonconforming
sign into a conforming sign as provided herein. The failure to keep
any such nonconforming sign in good repair within a period of 30 days
after due notification by the Zoning Officer shall constitute abandonment
of the sign. A sign which is abandoned shall not be reused and shall
be removed by or at the expense of the property owner.
All applications for a sign permit shall be
made, in writing, upon the forms prescribed and provided by the Zoning
Officer and shall be accompanied by the required fee.
A. All applications shall contain the following information:
(1) The name, address and telephone number of the applicant.
(2) The location of the building, structure or land to
which or upon which the sign is to be erected.
(3) A detailed drawing or blueprint showing a description
of the construction details of the sign and showing the lettering
and/or pictorial matter composing the sign; position of lighting or
other extraneous devices; a location plan showing the position of
the sign or any buildings or structures, including any private or
public street or highway.
(4) Written consent of the owner of the building, structure
or land to which or on which the sign is to be erected, in the event
that the applicant is not the owner thereof.
B. All applications for a sign permit, except those for
a temporary sign, shall be forwarded to the Planning Board for review.
Prior to rendering its decision the Planning Board shall review the
design, size and location of the proposed sign to determine whether
the proposed sign is in compliance with the regulations set forth
in this chapter. Upon the completion of its review, the Planning Board
may approve, approve with conditions or reject the application. All
decisions of the Planning Board shall be made, in writing, to the
Zoning Officer within 45 days of the receipt of an application. If
the Planning Board fails to act within this period, the Zoning Officer
may issue the permit if the proposed sign is in compliance with these
regulations.
It shall be the duty of the Zoning Officer,
upon the filing of the application for said permit, to examine all
of the data submitted to him/her with the application and, if necessary,
the building or premises upon which it is proposed to erect the sign
or other advertising structure. If the proposed sign is in compliance
with the requirements of this chapter and other rules and regulations
of Cuba Village and has been approved as to design, size and location
by the Planning Board, the Zoning Officer shall issue a permit for
the erection of the proposed sign. If the erection of the sign is
not completed within six months from the date of the issuance of such
permit, the permit shall become null and void. Said permits may be
renewed for one additional six-month period upon the approval by the
Planning Board and upon payment of an additional fee. A request, which
cites the reason for the extension for the completion of the sign
shall be submitted, in writing, to the Planning Board no more than
30 days following the first six-month expiration period.