[HISTORY: Adopted by the Board of Trustees
of the Village of Horseheads 3-14-2024 by L.L. No. 2-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 204, Signs,
adopted 3-12-1990 by L.L. No. 1-1990, as amended 8-14-2005 by L.L. No. 3-2005.
This chapter shall hereafter be known as the "Sign Law for the
Village of Horseheads."
The purpose of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising, outdoor advertising signs, outdoor business signs, and
outdoor signs of all types, including digital signs. It is intended
to enhance and protect the physical appearance of the community and
to preserve the scenic and natural beauty of the areas in the Village
and to provide a more enjoyable and pleasing community and to protect
property values and to maintain a favorable economic and business
climate consistent with the topography and the present use and development
of lands in the Village and the needs of the Village. It is further
intended hereby to reduce sign or advertising distractions and obstructions
that may contribute to traffic accidents and to reduce hazards that
may be caused by signs overhanging or projecting over public rights-of-way
and blocking views. This chapter recognizes the obligation to the
Village for its people, to protect and preserve the community's
environment and to provide open space and to curb the deterioration
of the Village's natural beauty.
As used in this chapter, unless the context indicates otherwise,
the following terms shall have the meanings indicated:
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the premises where such sign is located or to which it is affixed.
Person requesting approval of a sign permit application.
If not the owner, the applicant must have written authorization from
the owner to submit the application.
The linear frontage of a building measured along a public
or private street or right-of-way between two lines projected perpendicular
from the street or right-of-way to the corners of the building.
A sign which directs attention to a business or profession
conducted or to a commodity, service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
The official designated by the Board of Trustees of the Village
of Horseheads to administer the provisions of this chapter.
A sign that has or appears to contain movement or that appears
to change, caused by a method other than physically removing and replacing
the sign or its components, whether the real or apparent movement
or change is in the display, the sign structure itself, or any other
part of the sign. A digital sign often incorporates a technology allowing
the sign face to change the image without the necessity of physically
or mechanically replacing the sign face or its components. A digital
sign may include any display that incorporates rotating panels, light
emitting diodes manipulated through digital input, electronic message
center, digital message board, or other similar methods or technologies
that permit a sign face to present different images or displays.
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign including the painting
of wall signs.
Any other surface of a building.
The surface of the sign upon, against or through which the
message is displayed or illustrated on the sign.
Any illuminated sign, other than a digital sign, on which
the artificial light is not maintained stationary or constant in intensity
and color at any time when such sign is in use. For the purpose of
this chapter, any revolving, illuminated sign shall be considered
a flashing sign.
Any sign or sign structure not attached to the exterior of
a building.
That face which contains the main entrance. If there is more
than one entrance, only one face shall be deemed to be the front.
Any sign, other than a digital sign, which has any face or
surface, character, letter, figure, design or outline lighted or illuminated
internally or externally, whether the source of light or illumination
is a part of the sign proper or otherwise.
Crude and offensive in a sexual way; sexually unchaste or
licentious; sexual in an obvious and rude way; pornographic or lascivious;
inclined, characterized by or inciting to lust.
A portion or parcel of land, considered as a unit, devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use and the customary accessories
and open spaces belonging to the same.
A sign that is part of or attached to a permanent roof like
structure of a building and it projects beyond and extends along any
portion of the building frequently extending over a sidewalk.
Constitutes updated, uniform regulations in terms of performance
covering all types of building construction as proclaimed by the State
Building Code Council pursuant to its authority under Article 18 of
the Executive Law of the State of New York.
Of the portrayal or description of sexual matters, offensive
or disgusting by accepted standards of morality and decency; a highly
subjective reference to material or acts which display or describe
sexual activity in a manner appealing only to the prurient interest,
with no legitimate artistic, literary, or scientific purpose; calculated
to shock the moral sense of a person by a disregard of chastity or
modesty; offensive to morality or decency; causing uncontrolled sexual
desire.
Any marquee, canopy, awning or street clock.
Person, firm, partnership or association, company, limited
liability company, or corporation holding title to the land and/or
building or structure upon which or to which said sign or advertising
structure is erected, supported or affixed.
Includes any person, firm, partnership, association, corporation,
company, limited liability company, or organization of any kind who
either by ownership or lease holds title to the sign or signs on the
premises and is the person to whom a permit under this chapter has
been issued or may be issued.
Includes any person, firm, partnership, association, corporation,
company, limited liability company, or organization of any kind.
A sign that advocates action on a public issue, indicates
a candidate for public office or expresses an opinion or belief.
Any sign affixed to a building or other structure in a way
that it extends beyond the line of the building or structure by more
than 12 inches.
A temporary sign that directs attention to the rental, sale
or lease of property on which the sign is located.
Any government owned land or easement for the purpose of
public transportation.
A sign erected on or over the roof of the building.
Any group of two or more stores or commercial/business enterprises
which share a common vehicular entrance or entranceways and for which
there is provided common off-street parking.
Any material, structure, device or other advertising structure
or part thereof composed of lettered or pictorial matter or upon which
lettered or pictorial matter is or may be placed when used or located
out of doors or on the exterior of any building for the display of
announcements, notices, directional matter or name, and includes sign
frames, billboards, signboards, pole or pylon signs, ground signs,
hanging signs, projecting signs, illuminated signs, pennants and fluttering
devices, and shall also include any announcement, declaration, demonstration,
display, QR code, illustration or insignia used to advertise or promote
the interests of any person or business when the same is placed in
view of the general public. However, a "sign" shall not include any
display of an official court or required public official notices or
signs nor any official traffic control device, nor shall it include
the flag, emblem or insignia of a nation, political unit, school or
religious group. A "sign" shall not include a sign located completely
within an enclosed building unless the context shall so indicate.
The surface area of the sign, including the frame, place
or structure used to hold up any lettering or pictorial matter. In
the event that a sign is irregular in shape, the area of the sign
shall be taken as the area of the smallest rectangle that can be placed
over the entire sign, including its lettering, devices, frame and
decorative moldings along its edges and background, if of a different
color than the predominant color surrounding the sign, except as otherwise
provided herein. In the event that a letter or letters or other pictorial
matter are placed as separate units on the background boards, the
sign area shall be calculated as the sum of the areas of the background
boards. In the case of a two-sided freestanding sign, the sign area
is considered to be the entire surface area of one face of the sign.
The sign area of signs having more than two sides is the sum of the
surface area of all sides.
Any timepiece or weather reporting instrument erected upon
a standard or on the exterior of a building or structure for the convenience
of the public and placed and maintained for the purpose of advertising
a business.
The molding, battens, cappings, nailing strips, latticing
and platforms which are attached to the sign structure.
A banner or sign, including a portable sign, constructed
of cloth, paper, canvas, plastic or light fabric, wallboard, or other
light impermanent material with or without frame which due to its
construction or material is intended to be of a nonpermanent duration
or is placed upon legs, skids, wheels or other nonpermanent erection/installation
method. Generally, such signs are intended to be displayed for a limited
period of time only, and include construction, political, real estate,
and advertisements or announcement for special events, business openings,
or promotions limited by time, garage sale, tag sale, yard sign, and
the like. Signs shall not be considered temporary if they are effectively
displayed on an ongoing basis, interrupted by short intervals when
they are not displayed.
The Village of Horseheads.
A sign attached parallel to and within 12 inches of the exterior
wall of any building or structure in which is supported by the wall
building or structure and which displays only one sign surface.
No person shall erect any sign without first obtaining a permit
from the Code Enforcement Officer, except in those cases where this
chapter specifically permits the erection of a sign without a permit.
A.
Application for the permit shall be made to the Code Enforcement
Department, in writing, in duplicate, upon forms prescribed and provided
by the Department and shall contain the following information:
(1)
The name, address, and telephone number of both the applicant and
the owner of the property on which the sign is to be located.
(2)
The location of the building, structure or land to which or upon
which the sign is to be attached or erected.
(3)
A detailed drawing or blueprints showing a description of the construction
details of the sign and showing the lettering and/or pictorial matter
composing the sign; the position of lighting or other extraneous devices;
and a location plan showing the position of the sign on any building
or land and its position in relation to nearby buildings or structures
and to 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.
(5)
A copy of any required or necessary electrical permit issued for
said sign or a copy of the application for such permit.
(6)
Such additional information as the Code Enforcement Officer may reasonably
require in order to carry our the intent of this chapter.
B.
It shall be the duty of the Code Enforcement Officer, upon the filing
of an application for any sign permit, to examine such plans and specifications
and other data and the premises upon which it is proposed to erect
the sign or other advertising structure and, if necessary, the building
or lot upon which it is proposed to erect the sign or other advertising
structure. If it appears that the proposed sign or advertising structure
is in compliance with all requirements of this chapter, the New York
State Uniform Fire Prevention and Building Code and other laws and
laws of the Village of Horseheads, the Code Enforcement Officer shall
then issue the sign permit.
If work authorized under a sign permit has not been fully completed
within six months after the date of issuance, such permit shall be
null and void.
All rights and privileges acquired under the provisions of this
chapter or any amendment thereto are merely licenses, revocable at
any time by the Code Enforcement Officer or other person or body authorized
by the Board of Trustees, upon failure of the holder thereof to comply
with any provision of this chapter, and all such permits shall contain
this provision.
The prohibitions contained in this section shall apply to all
signs constructed and maintained in the Village of Horseheads:
A.
Any illuminated sign or lighting device shall employ only lights
emitting a light of constant intensity, and no sign shall be illuminated
by or contain oscillating, flashing, intermittent, rotating or moving
light or lights. In no event shall an illuminated sign or lighting
device be so placed or directed so as to permit the beams and illumination
therefrom to be directed or beamed upon a public street, highway,
sidewalk or adjacent premises so as to cause glare or reflection that
may constitute a traffic hazard or a nuisance.
B.
No part of a sign shall project more than two feet from the front or face of a building, except as provided in § 204-9 herein.
C.
No signs shall be placed on the roof of any building.
D.
No portable or temporary sign shall be placed outside or on the front or face of any building except as provided in § 204-12 herein.
E.
No sign or part thereof shall contain or consist of a string of lights,
banners, posters, pennants, ribbons, streamers, spinners or other
similar moving, fluttering or revolving devices, revolving beacon,
oscillating light, flashing light, strobe light, flashing wand or
pointer or light designed to imitate any emergency vehicle warning
light.
F.
No sign shall be erected or displayed on any public property, including
the right-of-way of any street, roadway or highway.
G.
Advertising signs facing a public highway, street or road shall be
no closer to one another than 500 feet.
H.
No advertising sign, including billboards, shall be located within
an area of 660 feet of the right-of-way of a federally aided primary
highway, including the Southern Tier Expressway, NYS Route 17/Interstate
86.
I.
No advertising sign shall be located within 300 feet of a residential
district nor within 300 feet of a school, library, church or hospital.
Further, such advertising sign shall be so located that its message
or legend shall not be legible from any residential district, school,
library, church or hospital or portion thereof.
J.
No business sign shall be illuminated after 10:00 p.m., unless the
business being advertised is open and conducting business after 10:00
p.m. in which case the sign shall cease to be illuminated immediately
upon the closing of the business.
K.
Marquee signs are not permitted.
L.
Searchlights are prohibited.
All signs shall conform to the following restrictions concerning
setback and height:
A.
Every sign shall be setback the required front yard setback for the
district in which the sign is located, with a required minimum setback
of 15 feet. The setback shall be measured from the public right-of-way.
In the event that the building sets closer to the right-of-way than
the required setback for the sign, then the owner shall be allowed
to erect a sign upon the building which shall not project more than
three feet therefrom.
B.
No sign shall be higher than 35 feet in any particular zoning district, except residence districts, wherein such sign is located and all signs or advertising structures are subject to further restrictions of height as herein specified or as specified in the Chapter 245, Zoning, of the Code of the Village of Horseheads.
C.
No sign in any residential district shall exceed 10 feet in height.
A.
The following signs may be erected in any district of the Village
of Horseheads without a permit, shall not be erected in a street right
of way, and except as otherwise provided below shall not exceed six
square feet in area:
(1)
Signs advertising the sale, lease or rental of the premises upon
which the sign is located. Such signs shall be removed promptly after
the premises have been sold, leased or rented.
(2)
Signs denoting the names and address of the occupants of premises
occupied for residential purposes, which signs shall not exceed two
square feet in area.
(3)
Directional (entrance/exit) signs on premises, each not exceeding
two square feet in area and which shall not include any trademarks
or names of businesses conducted or products sold.
(4)
A sign or notice, having an area of 20 square feet or less, erected
by a public utility, necessary for the direction, information and
safety of the public.
(5)
Signs advertising a home occupation, as approved by Chapter 245, Zoning, that shall not exceed two square feet.
(6)
Signs or bulletin boards customarily incidental to places of worship,
libraries, museums, charitable or religious institutions, social clubs
or societies, which signs or bulletin boards shall not exceed 15 square
feet in area and shall be located on the premises of the institutions.
(7)
Signs advertising real estate developments or subdivisions, during
the period of development. These signs shall not exceed 32 square
feet in area and shall advertise only the name of the contractor,
owner, architect, engineer, developer or financial institutions, and
such signs shall not be illuminated in any manner or exceed two in
number.
(8)
Signs listing the contractor, owner, architect, engineer, developer
or financial institutions, may be placed on premises where construction,
repair or renovation is in progress. Such signs shall not be illuminated
and shall be removed immediately upon completion of the project.
(9)
Occupational signs denoting the name and profession of an occupant
in any commercial building, public institutional building or dwelling.
(10)
Memorial signs, name of building and date of erection when cut
into any surface, constructed of bronze or other incombustible materials,
historical markers, tablets, statutes and plaques.
(11)
Signs of or required by duly constituted governmental bodies
and their agencies, where such signs are established in the interest
of safety, convenience or welfare of general public; this shall include
traffic signs, legal notices and warnings at railroad crossings.
(12)
Flags, emblems or insignia of a national, state or local government
not exceeding 24 square feet.
(13)
Statues, plaques, and banners and emblems or name and meeting
place signs of civic, philanthropic, educational or religious organizations
or institutions not exceeding 10 square feet.
(14)
No trespassing signs, holiday decorations displayed in season,
signs not visible outside of building and signs displayed strictly
for the direction, safety or convenience of the public, including
signs which identify restrooms and other similar facilities, parking
areas and the like.
(15)
Signs not visible outside of a building.
A.
Business and advertising signs are prohibited in all residential and planned unit development districts as designated in Chapter 245, Zoning, of the Code of the Village of Horseheads, excepting only those permitted in § 204-10 herein and those permitted through site plan review or special use permit.
B.
In all districts, except residencial and planned unit development districts and also excepting signs permitted in § 204-10 herein, no signs shall be erected or maintained except as follows:
(1)
Any commercial building (a building which is other than 100% residential)
may have total sign area not to exceed 1.5 square feet of signage
to every one linear foot of building frontage. Within the total allowed
signage, each place of business may have no more than one freestanding
sign with a maximum height of 22 feet. No individual sign may exceed
a maximum square footage of 50 square feet. In lieu of one freestanding
sign, a business is allowed two wall signs. Such wall signs shall
not exceed a total of 50 square feet each. Where a building had frontage
on more than one street, public highway or right of way one wall sign
on the face of the building facing each street, public highway or
right of way shall be permitted, within the overall allowance for
numbers of signs and total sign area, which maximums shall apply to
the premises as a whole.
(2)
Freestanding businesses may have one freestanding sign not to exceed
0.5 square feet to every one linear foot of the building footage occupied
by the business not to exceed 75 square feet in area, a width of 12
feet, and not to exceed a maximum height of 22 feet. In addition,
the freestanding business may have wall signs not to exceed 1.5 square
feet of sign area to each one linear foot of building frontage or
of building frontage occupied by each business conducted on the premises,
the total of both freestanding and wall-mounted signs is not to exceed
a total area of 200 square feet.
(3)
Shopping centers may have one freestanding sign located on the premises
at each major entrance to the shopping center, not to exceed three
such structures on the premises, at a location approved as part of
the site plan review process. No freestanding sign structure shall
exceed a maximum height of 35 feet. Each individual business within
a shopping center may have a maximum sign area on the freestanding
area of 0.5 square foot of sign to each linear foot of the building
frontage occupied by that business. In addition, each business within
a shopping center may have wall signs that do not exceed 1.5 square
feet of sign to each one linear foot of building frontage occupied
by the business and not to exceed total area of 200 square feet. Where
a building has frontage on more than one public or private street,
highway or right-of-way one wall sign on the face of said building
facing each street, public or private highway or right-of-way shall
be permitted within the overall allowance for number of signs and
total sign area, which maximums shall apply to the premises as a whole.
(4)
Goose-neck reflectors are permitted provided however that the reflectors
are equipped and maintained with proper lenses concentrating the illumination
upon the area of the sign so as to prevent glare on the street or
adjacent property.
(5)
No sign shall be located within the following prohibited area at
the intersection of two public streets, right of ways, or highways.
The prohibited area is described as follows: that area being within
a rectangle measured and being 20 feet on each side extending along
both highway limits from the point of intersection of the highway
limits and, further, extending on lines parallel to the respective
highway limits and being 20 feet therefrom until they intersect. The
entire area enclosed thereby is the prohibited area.
All temporary signs shall be erected only as follows:
A.
All temporary signs, which are not advertising or business signs,
such as political, civic, noncommercial, not profit making signs,
and other signs of a similar nature may be erected without a permit
for a period not to exceed 30 days, provided that the consent of the
property owner where the sign is erected is obtained.
B.
All advertising or business signs of a temporary nature or construction
may be erected, with a permit and paid fee, for a period not to exceed
a total of 30 days in any calendar year, provided that the written
consent of the property owner is obtained. Upon the expiration of
said thirty-day period, such sign shall be removed by the person,
persons, firm or corporation who, or at whose request and direction,
caused the same to be erected; and the person, persons, firm or corporation
shall cause to be returned to the Code Enforcement Officer for the
Village of Horseheads a duplicate copy of the permit with a certification
thereon as to the date of removal of said sign.
C.
Immediate removal of the signs or issuance of permits on all temporary
signs within 30 days of effective date of this chapter, notwithstanding
any contrary provision of this chapter.
D.
The maximum size of a temporary sign in a residential or planned
unit development district shall be four square feet and in all other
districts shall be four square feet.
E.
Such signs shall not be attached to fences, trees, utility poles or the like. Further such signs shall not be placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public. Such signs shall not be erected within the right-of-way of any street or highway and shall conform to the setback requirements in § 204-8 of this chapter. Upon the expiration of the thirty-day period or within five calendar days after completion of the event for which the sign was installed, whichever shall come sooner, such sign shall be removed by the person, persons, firm or corporation who, or at whose request and direction, caused the same to be erected or may be removed and disposed of by the Village. Furthermore, signs may not be erected earlier than 30 days prior to the first day of the special event, drive or election being publicized.
Digital signs are allowed in the C-1 Neighborhood Commercial,
C-2 Hanover Square, C-3 Highway Commercial, M-1 Industrial and P-1
Planned Unit Development Districts subject to the following conditions.
Digital signs and messages are prohibited on all other sign types
and in all other zoning districts.
A.
There may be no more than one programmed digital sign on a lot. There
may be no more than one automated or interactive digital sign for
each business on a lot.
B.
A digital sign, other than a digital billboard, may not allow the
display or message to change more frequently than once every 60 seconds,
with transition period of one second or less. Messages may not contain
the appearance, visual special effects, fading, dissolving, flashing,
motion or animation nor during the transition between successive messages.
C.
A digital sign must have installed an ambient light monitor (auto
dimmer), which shall continuously monitor and automatically adjust
the brightness level of the display based on ambient light conditions
consistent with the terms of this chapter. Certification must be provided
to the Village demonstrating that the sign has been preset to automatically
adjust the brightness to these levels or lower. Reinspection and recalibration
may be periodically required by the Village in its reasonable discretion,
at the owner's expense, to ensure that the specified brightness
levels are maintained at all times.
D.
Maximum brightness levels for digital signs shall not exceed 5,000
nits or "candelas per square meter" or (cd/m2) when measured from the signs face at its maximum brightness, during
daylight hours. The maximum brightness levels for digital signs shall
not exceed 280 nits or "candelas per square meter" or (cd/m2) when measured from the signs face at its maximum
brightness, between sunset and sunrise, as those times are determined
by the National Weather Service.
E.
Written certification from the sign manufacturer must be provided
at the time of application for a sign permit certifying that the light
intensity of the sign has been preset not to exceed the illumination
levels established by this section, and that the preset intensity
level is protected from end user manipulation by password protected
software or other approved method.
F.
Digital signs may not display messages about goods or services that
are not sold and delivered or provided on the premises where the sign
is located. The foregoing notwithstanding, a digital sign may display
messages about public emergencies and public events.
G.
The digital sign must be located no closer than 500 feet from a residentially
zoned property.
H.
The digital display shall not display light of such luminance so
as to cause glare or otherwise impair the vision of a driver, or which
results in a nuisance to a driver or abutters on neighboring properties.
I.
Other requirements. The use, size, and location of digital signs
must comply with all other relevant regulations and laws of the Village.
J.
If the digital signs malfunctions, the display must automatically
go dark.
K.
The Planning Board shall have complete discretion to waive or vary
any aspect of this section.
L.
No business sign shall be illuminated after 10:00 p.m. unless the
business being advertised is open and conducting business after 10:00
p.m. in which case the sign shall cease to be illuminated immediately
upon the closing of the business.
A.
Legislative findings; purpose.
(1)
Murals have been found to add to the character of the community and
quality of life. They promote a walkable community. Promoting public
art provides an opportunity to view and enjoy the art, by creating
a pedestrian-friendly focal points, respectful of existing buildings,
neighborhoods, and open spaces. Murals can also help to promote the
community and provide a focal point or destination within the Village.
It is therefore the determination of the Board of Trustees to promote
public artwork and to collaborate and cooperate with various individuals,
groups, organizations, and associations concerned with art and culture
and to promote the arts within the Village.
(2)
The purpose of this section is to describe the form, site layout,
application process, review for murals to ensure that any mural will
comply with vision of the comprehensive plan, promote the walkability
of the Village, and improve the quality of the community while being
mindful of the history and overall character of the Village.
B.
APPLICANT
ARTIST
INSTALLATION
MURAL
OWNER
WALL
Definitions. The following definitions are applicable to this section in addition to those in § 204-3 herein.
Person requesting approval of a mural application. If not
the owner, the applicant must have written authorization from the
owner to submit the application.
A person who creates artwork as a profession and/or has a
reputation within the art community as having talent in producing
artwork.
The process of putting up a mural, including, but not limited
to, scaffolding, preparing, sketching, painting, sealing the mural
design, placement of any permitted plaque, removal of scaffolding,
and other equipment from the site of the mural.
A picture, design, or decorative treatment painted on or
otherwise affixed to and covering a large portion of a wall surface,
including sculpture and sculptural treatments of solid elements for
the purpose of this definition. A painting that is applied to or made
an integral part of a wall, ceiling, or other permanent surface usually
in a public space. It can use different techniques such as fresco
or mosaic, it does not contain words, logos, trademarks or graphic
representations that identify or advertise a business. Murals may
be erected on any wall of a structure. Generalized depictions of types
of goods, commonly used symbols other than trademarks, brand names
and logos and scenes which do not specifically illustrate commercial
activity may be allowed in murals.
The person on title of the property or site on which the
mural would be installed as shown on deed recorded in the Chemung
County Clerk's Office.
The side of a building or structure.
C.
General regulations.
(1)
A mural may be installed on private or public nonresidential property
only after the issuance of a permit from the Code Enforcement Officer.
The requirements of this section shall not apply to residential property.
No murals are allowed on residential property.
(2)
Murals may contain only images and depictions that are not lewd,
obscene, indecent, or patently offensive. Outside of the mural artist's
name or signature, and the date, a mural may not contain any writing.
(3)
No wall shall have more than one mural.
(4)
The name of the artist creating the permitted mural and the name
of a sponsor may be displayed on an adjacent plaque that is no more
than eight inches in height and eight inches in length provided that
such plaque is made a part of the mural application.
(5)
Maintain and repair, see Subsection D(2)(f)[4] below.
D.
Permit application.
(1)
Before a mural may be installed, an application for mural installation
(the "application") shall be submitted to the Code Enforcement Officer.
(2)
The application form shall require the following information:
(a)
The property address and parcel identification number where
the proposed mural will be located.
(b)
A site plan setting forth in detail where the mural is to be
located on the property, its overall dimensions, the materials/medium
to be used, and the location of any plaque identifying the artist
and/or the sponsor.
(c)
The name and contact information of the artist and the artist's
statement describing the proposed mural.
(d)
The name and contact information of the applicant, if different
from the artist.
(e)
A photograph, detailed colored sketch, or reasonably accurate
graphic of the proposed mural.
(f)
A notarized statement signed by all property owners of record
that they:
[1]
Have reviewed the application, including the photograph or detailed
reasonably accurate graphic of the proposed mural;
[2]
Agree to the installation of the proposed mural on their property
pursuant to the details set forth on the application;
[3]
Approve the submission of the application; and
[4]
Assume responsibility for the maintenance and upkeep of the
mural and will remove said mural if directed by the Village.
(g)
The resume of the proposed mural's artist and, if attribution
is to be made on the permitted plaque, the text of such attribution.
(h)
The name of any sponsor of the mural, if the sponsor is to be
identified on the permitted plaque.
(i)
A waiver that the mural artist waives all rights and claims
over and to the mural in the event the location where the mural is
located is to be demolished by the Village.
(j)
Detail including but not limited to, the material/medium, colors,
method for application, estimated time to complete the mural, and
details about installation (scaffolding, electrical wiring, etc.)
The Code Enforcement Officer and/or Traffic Commission may require
additional information.
(3)
The Code Enforcement Officer shall forward a copy of a completed
application to the Planning Board for review and recommendation and
shall inspect the proposed location to determine if any repairs need
to be addressed and if the proposed location appears to be structurally
sound.
(a)
Compliance. The Planning Board shall determine whether a proposed
mural is in compliance with this chapter and any other applicable
laws and regulations, and whether the application should be approved,
denied, or modified.
[1]
A final decision by Planning Board regarding the mural shall
be transmitted in writing to the applicant.
[2]
Where an applicant disagrees with the final decision of the
Planning Board, and does not wish to amend the application or obtain
a sign permit, the applicant may appeal the determination, within
30 days of the date that the final decision is transmitted to the
applicant in writing, to the Board of Trustees, whose determination
shall be final.
(b)
Traffic hazard determination. The Planning Board shall determine
whether the proposed mural may result in a distraction or hazard to
drivers.
[1]
Within 30 days of the receipt of an application, the Traffic
Commission shall make a determination of whether the proposed mural
is a traffic hazard or will create an undue and dangerous distraction
to motorists.
[2]
The Planning Board shall provide written comments and its determination
for approval or denial to the Code Enforcement Officer within 10 days
of their review meeting.
[3]
Where an applicant disagrees with the final decision of the
Code Enforcement Officer and the Planning Board that the proposed
mural creates a traffic hazard or an undue and dangerous distraction
to motorists and does not wish to amend the application, the applicant
may appeal the administrative determination by filing an appeal of
the administrative decision within 30 days of the date that the final
decision is transmitted to the applicant in writing, or by invoking
another appropriate remedy in a court of competent jurisdiction.
[4]
The Planning Board shall provide written comments and its determination
for approval or denial of the mural installation permit to the Code
Enforcement Officer within 10 days of the meeting in which the review
of the application occurs.
[5]
If recommended for approval by the Planning Board, the Code
Enforcement Officer shall issue the permit for mural installation.
[6]
If not approved by the Planning Board, no permit shall be issued
until requested modification are made to the application and resubmitted
or the applicant moves forward with a sign permit application.
E.
Duration.
(1)
A mural permit shall be valid for one year from the date of issuance,
provided no work has begun and there are no changes to the design
of the mural or any other information contained on the mural or plaque.
(2)
If no work has begun within 180 days from issuance, the permit shall
be deemed to be abandoned and approval shall be withdrawn. Written
notification shall be sent to the owner listed on the application.
(3)
If work has begun but there has been no work for 180 days, the permit
shall be deemed to be abandoned, and approval shall be withdrawn.
Written notification shall be sent to the owner and may include instruction
to paint over any work completed or the owner shall be in violation.
(4)
If the mural is not completed within the time specified in the permit,
or under the terms described in this section, the owner shall be responsible
for painting over any uncompleted work or any other directive of the
Code Enforcement Officer.
F.
Inspection. Upon complete of a mural, the applicant shall inform
the Code Enforcement Officer, and the Code Enforcement Officer will
conduct and inspection to ensure the mural is in compliance with this
section and any other applicable law, rules, and regulations. The
Code Enforcement Officer shall take at least one photograph of the
mural with sufficient detail to identify the site, mural size, mural
location, and mural image consistency with the permit application.
The photograph(s) taken shall be filed with the Village.
G.
Penalty. The owner shall be responsible to maintain the appearance
of the mural in good repair. Failure to maintain the appearance of
the mural, shall be considered a violation and punishable by a fine
of $100 per day.
H.
Revocation. A permit grant by the Village under this section can
be suspended or revoked, upon written notice to the applicant when:
All signs shall comply with the provisions of this chapter or
be removed or altered to comply within 30 days after written notification
by the Code Enforcement Officer.
A.
Any sign which advertises a business no longer in existence on the
premises or product no longer sold or which does not have a valid
permit shall be removed or eradicated by the owner of the land upon
which the sign is located.
B.
No sign, whether new or existing, shall hereafter be erected or altered
except in conformity with the provisions of this chapter. However,
notwithstanding any provisions contained herein, the sign must be
kept clean, neatly painted and free from all hazards, including but
not limited to holes in the sign, faulty wiring and loose fastenings,
and the sign must otherwise be maintained at all times in good repair
and shall not be detrimental or dangerous to the public health or
safety. All signs shall be erected and maintained in conformity with
the New York State Uniform Fire Prevention and Building Code.
C.
No sign or advertising structure shall be erected, relocated or maintained
so as to prevent free ingress or egress from any door, window or fire
escape. No sign of any kind shall be attached to a standpipe or fire
escape.
D.
In the event of failure to comply with the requirements of said notice
within the period required therein, the permit for such sign shall
be automatically revoked, and such sign shall be removed by the owner
thereof or by the owner of the land on which such sign is located.
E.
If the permittee or owner fails to remove or alter the sign or other
advertising structure so as to comply with standards herein set forth
within 30 days after such notice, such sign or other advertising structure
may be removed or altered to comply by order of the Code Enforcement
Officer, and the expense thereof shall be levied against the owner
of the land, building or structure to which said sign was attached.
Thereafter, the Code Enforcement Officer shall refuse to issue any
permit to any permittee or owner who refuses to pay the cost so assessed
until the same is paid.
F.
Notwithstanding anything hereinbefore contained, if the Village Manager,
Code Enforcement Officer or Village Director of Public Works shall
determine that any sign is unsafe or is an actual or imminent traffic
or other hazard or danger to the public, such official may require
that such sign be either removed or corrected to remove such hazards
or dangers within a shorter period than is above provided, but not
less than two days. If said sign is not removed or repaired within
the required period, the Code Enforcement Officer may remove said
sign and any permit for such sign shall be revoked, or he may repair
said sign.
G.
In the event of the removal/repair of a sign erected, altered, maintained
or needing repair in violation of this chapter, at the sole discretion
of the Village Manager all costs and expenses incurred in the removal
or repair of such sign shall be collected from the owner of the land
on which the sign is located by adding that charge to and making it
a part of the next annual real property tax assessment roll of the
Village. Such charges shall be levied and collected at the same time
and in the same manner as Village assessed taxes and shall be paid
to the Village Clerk to be applied in reimbursing the fund from which
the costs were paid. Prior to charging such assessments the owner
of the land shall be provided written notice to their last known address
of record, by certified mail, return receipt requested, of an opportunity
to be heard and object before the Board of Trustees to the proposed
real property assessment, at a date designated in the notice, which
shall be no less than 14 days after its mailing. The owner of the
land shall be responsible for reimbursement for the Village's
costs and expenses, including attorney's fees.
H.
If it is determined that any sign is a source of immediate peril
to any person or property, such sign may be removed summarily and
without notice by the Code Enforcement Officer, and the costs and
expenses thereof shall be collected or assessed as provided above.
Any notice or written demand required to be served hereunder
shall be delivered either personally or sent by mail to the owner
or permittee of the sign or the owner of the land upon which the sign
is erected, or to both, as their names and addresses appear in applications
for a permit for such sign, real property tax records or in any other
documents on file with the Code Enforcement Officer setting forth
the names and addresses of the owners or permittees of the sign and
of the owner of the land upon which the signs are to be erected. The
period stated in any notice or written demand shall commence from
the date on which any notice is delivered personally to any such owner
or, if mailed, the date on which such notice is deposited in a duly
maintained post office box or official branch office of the United
States Postal Service. Any such notice may be delivered to any agent
or representative of the owner or employee of the owner. The owner
of any lands or sign may notify the Code Enforcement Officer in writing
of any change in address to which any notices may be sent.
Any sign which has been in existence by duly issued permit prior
to the effective date of this chapter and which does not conform to
the provisions and standards of this chapter and any amendments thereto,
shall be removed within three years from the effective date hereof,
unless within such period, such sign has been changed or repaired
in a manner which will meet the requirements of this chapter, and
provided that such sign is not otherwise prohibited by this chapter.
A.
Any person aggrieved by any decision of the Code Enforcement Officer relative to the provisions of this chapter may appeal such decision to the Zoning Board of Appeals as provided in Chapter 245, Zoning, Article XXII, of the Code of the Village of Horseheads and shall also comply with all procedural requirements prescribed by such Zoning Board of Appeals; in addition, the provisions of Article 7 of the Village Law pertaining to appeals to a Board of Appeals shall apply to the appeal permitted herein.
B.
The appeal shall include payment of a fee of $250 to defray the cost
of the required legal notice and written notice to all property owners
within 200 feet of the boundaries of the proposed sign location. However,
when any variance, review, or appeal relative to the provisions of
this chapter is requested, the Zoning Board of Appeals shall not take
action until a report is received from the Planning Board. If, however,
no report is received within 45 days after referral, then approval
by the Planning Board shall be presumed, and the Zoning Board of Appeals
shall act accordingly. In making any determination or decision with
respect to any proposed sign, any Village officer or any board having
jurisdiction shall be guided by the general purpose of this chapter,
and shall also consider the following:
(1)
Size of sign. The purpose for which the sign is erected and the distance
from which the sign is intended to be or can possibly be read, and
the character of adjacent streets shall be taken into consideration.
In all cases, the smallest sign that will suit the purpose shall be
the guide, taking into account the legitimate commercial or other
interests which are intended to be promoted by the sign and the speed
limits and traffic conditions on adjacent streets.
(2)
Number of letters. A sign with only a few letters need not be as
large as one with many letters to be seen from the same distance.
(3)
Other signs. The context of existing signs in the vicinity of the
proposed sign shall be taken into consideration.
(4)
The character of the neighborhood. The proposed use shall not be
detrimental to the general amenity or neighborhood character so as
to cause a devaluation of neighboring property or material inconvenience
to neighboring inhabitants or material interference with the use and
enjoyment by the inhabitants of the neighboring property.
(5)
Public interest. The protection of the public interest and the desirability
of maintaining open spaces, views and vistas shall be considered insofar
as possible.
Whenever any action at law is brought to collect a sum of money,
the defendant shall pay attorney's fees, if any.
A violation of the provisions of this chapter is hereby declared to be an offense, punishable as set forth in Chapter 1, Article II, General Penalty, of the Code of the Village. However, for the purpose of conferring jurisdiction upon the courts and judicial officers generally, the owner, general agent, contractor, lessee and/or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, builders, contractor or any person who knowingly commits, takes part or assists in any such violation shall be deemed guilty of misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violation. Each week's continued violation shall constitute a separate additional violation.
Fees relating to these sign regulations shall be as set forth
from time to time by resolution of the Village Board of Trustees and
shall be paid before being granted a permit.
If any portion, subsection, clause, phrase, or portion thereof
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portion thereof.
This chapter shall become effective immediately upon its filing
in the Office of the Secretary of State.
