This chapter shall hereafter be known and cited
as the "Sign Law."
As used in this chapter, unless the context
indicates otherwise, the following terms shall have the meanings indicated:
ADVERTISING SIGN
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.
BUSINESS SIGN
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.
ERECT
To build, construct, attach, hang, place, suspend, or affix,
and shall also include the painting of wall signs.
FLASHING SIGN
Ay illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at any times
when such sign is in use. For the purpose of this chapter, any revolving,
illuminated sign shall be considered a flashing sign.
FACING OR SURFACE
The surface of the sign upon, against, or through which the
message is displayed or illustrated on the sign.
GROSS SURFACE AREA OF A SIGN
Includes all surfaces or faces through which a message is
displayed or illustrated on the sign and shall be the entire area
within the perimeter enclosing the extreme limits of such sign surface
or surfaces. However, such perimeter shall not include any structural
or framing elements lying outside the limits of such sign and not
forming an integral part of the display.
ILLUMINATED SIGN
Any 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 be a part of the sign
proper or otherwise.
OWNER
Person, firm, partnership or association, 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.
PERSON
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
SIGN
Any name, identification, description, display, or illustration
which is affixed to, or painted, or represented directly or indirectly
upon a building, structure, or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization,
or business. However, a sign shall not include any display of 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. Each display surface of a sign
shall be considered to be a sign.
STATE BUILDING CODE
The uniform regulations in terms of performance covering
all types of building construction as promulgated by the Division
of Housing and Community Renewal, Housing and Building Codes Bureau,
pursuant to its authority under Article 18 of the Executive Law of
the State of New York (§§ 375, 377) in the NYS Uniform
Fire Prevention and Building Code, as amended from time to time.
STRUCTURAL TRIM
The molding, battens, cappings, nailing strips, latticing,
and platforms which are attached to the sign structure.
It shall be unlawful for any person to erect, alter or maintain, within the Village of Horseheads, any sign or other advertising structure, as defined within this chapter, without first obtaining an erection permit from the Code Enforcement Officer and paying of the fee as required by §
204-9 hereof, excepting only those exempt pursuant to §
204-12, hereof.
It shall be the duty of the Code Enforcement
Officer, upon the filing of an application for an erection 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.
If it appears that the proposed structure is in compliance with all
other requirements of this chapter, the State Building Code and other
laws and ordinances of the Village of Horseheads, the Code Enforcement
Officer shall then recommend that the Village Clerk issue the erection
permit, and the Village Clerk may issue such permit.
If the work authorized under an erection permit
has not been completed within six months after 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 Board of Trustees or other authorized
person or body, and all such permits shall contain this provision.
Application to erect a sign shall be made upon
blanks provided by the Village Clerk and shall contain or have attached
thereto the following information:
A. Name, address and telephone of applicant, together
with the name, address and telephone of the owner of the land or structure
upon which the sign is to be located.
B. Designation of the type or types of signs or advertising
structures, including whether permanent or temporary.
C. Location of building, structure or lot to which or
upon which the sign or advertising structure is to be attached or
erected.
D. Exact position of the sign or other advertising structure
in relation to buildings, structures, highways and/or adjacent properties.
E. Two blueprints or ink drawings of the plans and specifications
and method of construction and attachment to the building or on the
ground. Details shall include height to the highest portion of the
sign or advertising structure in relation to the ground or building
or structure upon which it is to be attached.
F. Name of person, firm, corporation or association erecting
the sign or other advertising structure.
G. Proof of insurance, as required by §
204-9C, shall be filed with the Village Clerk and approved by the Village Attorney.
H. Approximate date upon which erection shall be commenced.
I. Such other information as the Code Enforcement Officer
shall require to show full compliance with this and all other laws
and ordinances of the Village.
J. All illuminated signs shall comply with Ch.
129, Electrical Standards, of the Village of Horseheads and shall comply with the provisions of the State Building Code.
K. All illuminated signs shall be approved by the Fire
Underwriters' Laboratories or a similar standard establishing organization.
The laboratory-assigned permit number shall be endorsed on the sign
permit application.
Any sign now or hereafter existing which no
longer advertises a bonafide business conducted, or a product sold,
shall be taken down and removed, painted over or eradicated by the
owner, permittee or person having beneficial use of the land, building
or structure upon which said sign may be found within 30 days after
written notification by the Code Enforcement Officer. Upon failure
to comply with such removal notice, within the time specified in said
order, the Code Enforcement Officer or the Village Board of Trustees
is hereby authorized to cause removal of such sign, and any expenses
incidental thereto shall be levied upon and paid by the owner of the
land, building or structure to which said sign is attached.
The provisions and regulations of this chapter shall not apply to the following signs; provided, however, that all signs shall be subject to the provisions of §
204-10 (Notice and removal of unlawful signs or advertising structures) and §
204-13 (Obstruction of doors, windows or fire escapes prohibited).
A. Real estate signs not exceeding six square feet in
area which advertise the sale, rental or lease of premises on which
said signs are located. Not more than one sign is to be placed upon
any property unless such property fronts upon more than one street.
In such event, an additional sign may be erected upon each frontage.
Such sign or signs shall be promptly removed after the premises have
been sold or leased.
B. Professional nameplates not exceeding 60 square inches
in area.
C. Signs painted on the exterior surface of a building or structure shall be subject to all applicable sections of this chapter and shall be properly repaired and painted as necessary to maintain their appearance. If repairs and painting are not provided by the owner within 60 days after notice from the Code Enforcement Officer as provided in §
204-10 (unlawful signs), thereafter the Code Enforcement Officer or Village Board of Trustees may cause their removal or repairs as provided in §
204-10 (unlawful signs).
D. Temporary signs not over 50 square feet in area for
a period of time not exceeding 60 days and permanent bulletin boards
not exceeding 15 square feet in area for public, charitable or religious
institutions when the same are located on the premises of said institution.
E. Signs denoting the architect, engineer, contractor,
mechanic, painter and other artisan when placed on work while in progress.
Thereafter, they are to be removed promptly upon completion of the
work.
F. Occupational signs denoting the name and profession
of an occupant in any commercial building, public institutional building
or dwelling and not to exceed six square feet in area.
G. Memorial signs, name of building and date of erection
when cut into any masonry surface or any constructed of bronze or
any incombustible materials.
H. Traffic or other municipal signs, legal notices, railroad
crossing signs, danger and such temporary emergency or nonadvertising
signs as may be approved by the Village Board of Trustees.
I. Entrance and exit signs for designated parking areas
not exceeding two square feet each.
J. Development signs advertising the development of the
premises upon which they are erected by the developer or other persons
interested in such land development, not exceeding 32 square feet
and nonilluminated; if fronting on more than one street, two signs
may be erected.
No sign or advertising structure shall be erected,
relocated or maintained so as to prevent free ingress to or egress
from any door, window or fire escape. No sign of any kind shall be
attached to a standpipe or fire escape.
No sign or other advertising structure, as regulated
by this chapter, shall be erected at the intersection of any streets
in such a manner as to obstruct free and clear vision; or at any location
where, by reason of the position, shape or color, it may interfere
with or obstruct the view of pedestrians, operators of vehicles and
others or be confused with any authorized traffic sign, signal or
device; or which makes use of the words "stop," "look," "drive-in,"
"danger," or any other word, phrase, symbol or character in such manner
as to interfere with, mislead or confuse traffic.
Goose-neck reflectors and lights shall be permitted
on ground signs, roof signs, and wall signs; provided, however, the
reflectors shall be provided with proper glass lenses concentrating
the illumination upon the area of the sign so as to prevent glare
upon the street or adjacent property.
Every sign or other advertising structure lawfully in existence on the adoption of this chapter shall not be substantially repaired, altered, or moved unless it be made to comply with the provisions of this chapter. The provisions of this section shall not exempt the owner of any nonconforming signs from the applicable requirements of §§
204-9,
204-10,
204-11,
204-13 and
204-14. Substantial repairs are those involving replacement of more than 50% of the original sign or advertising structure.
The Code Enforcement Officer is hereby authorized
and empowered to revoke any permit issued by him upon failure of the
holder thereof to comply with any provision of this chapter or any
other local law, rule, regulation or code.
Any person aggrieved by the decision of the
Code Enforcement Officer or any administrative officer may appeal
such ruling by following the procedures established in Chapter 11,
Section 11.87 and such other applicable sections of the Zoning Ordinance
of the Village of Horseheads.