[Amended 3-19-1992 by L.L. No. 1-1992; 4-9-1992 by L.L. No. 2-1992]
[Amended 10-18-1999 by L.L. No. 3-1999]
The regulations contained in this article shall apply to all signs erected after the effective date of this article and to all existing signs as outlined below. Except as hereinafter provided, no sign shall be erected, maintained or altered except in conformity with the provisions of this article. (Refer to § 190-14Q for C-2.)
Where these provisions are inconsistent or conflicting, the more restrictive provision shall apply.
Various terms or words in this article shall be interpreted or defined as follows:
ADDRESS SIGN
A sign containing only the name of an occupant and/or building number.
AWNING SIGN
Any lettering or graphic display located on the front or side of any awning, canopy or marquee projecting from a building facade.
BILLBOARD
Any sign that advertises a business, services or products conducted, provided or offered or sold on properties other than the property on which the sign is located.
BUSINESS SIGN
A sign which directs attention to a business, commodity, industry, service or entertainment or other activity which is sold, offered or conducted on the premises upon which such sign is located.
GROUND SIGN
A sign which is not attached to any building and which is supported by one or more uprights, braces or other structural elements in or upon the ground.
MURAL
A work of decorative art applied on or attached to an exterior wall or fence within public view that does not include graphics or text that can be interpreted as commercial advertising. Embellishments to or decoration of architectural elements are not considered a mural. Notwithstanding the above definition, a mural may contain bona fide historic recreations of vintage advertising.
[Added 4-10-2008 by L.L. No. 2-2008]
PROJECTING SIGN
Any sign that projects from the exterior of any building, structure or post more than 12 inches horizontally. This term shall exclude signs on awnings, canopies and marquees.
ROOF SIGN
Any sign, any portion of which is either situated above the upper edge of any building wall or parapet or erected or painted on or above the roof covering any portion of a building, including signs supported on the roof or on an independent structural frame or located on any roof structure, including but not limited to a penthouse, stairwell or elevator building, roof shed or mechanical equipment.
SIGN
Any representation used to advertise or promote the interests of any person or business when such sign is placed in view of the general public out of doors or on the exterior of any building or structure, including interior and exterior window surfaces. "Representation" shall include any material or lettered or pictorial matter, including letters, words, symbols, emblems and insignias, and the structure or device or part thereof which displays such representation. This term shall include "wall signs," "ground signs," "awning signs," "window signs," "roof signs" and "billboards," as defined herein, and sign frames, signboards, pennants, fluttering devices and banners.
SIGN AREA
The surface area of a sign calculated as follows: the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure of similar character, as included within the definition of a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. The total area of all faces of signs designed to be viewed from more than one direction shall be computed and considered as one area, such as on double-faced, V- and sandwich-type signs.
TEMPORARY WINDOW SIGN
A sign situated on the interior of a window which is intended to be removed after such period of time as set forth in this article. Such sign shall be lettered, drawn, printed or affixed on paper or other material before placement on the window or within 12 inches of the window.
WALL SIGN
Any sign which is attached and parallel to an exterior wall of a building or structure or part thereof, projecting not more than 12 inches therefrom. This term shall include a sign painted upon the exterior building face.
WINDOW SIGN
A sign painted or affixed on glass or other window material, or placed within 12 inches of the window, but not including graphics in connection with customary window display of products or services rendered on the premises.
The prohibitions contained in this section shall apply to all signs in all zoning districts in the Village of Clyde.
A. 
Hazards to public safety. Signs which, by their use or simulation of colors, design or placement, tend to confuse, detract from or in any other way obstruct the utilization of traffic regulatory devices are prohibited. Signs shall not be located in such a manner as to restrict vision or impair safety.
B. 
Obstructions. No sign shall obstruct by physical or visual means any fire escape, window, door or any opening providing ingress or egress designed for fire or safety equipment, any passageway from one part of a structure or roof to another portion thereof or any opening required for ventilation or which is required to remain unobstructed by any applicable law.
C. 
Illumination. Any illuminated sign or lighting device shall employ only lights emitting constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or so directed as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or privately owned premises adjacent to any of these so as to cause glare or reflection.
D. 
Projections. No sign shall be erected on or project over any public street or public right-of-way except as hereinafter provided. No sign shall project over a vehicular driveway on private property at an elevation of less than 14 feet above grade.
E. 
Placement No sign shall be placed upon or attached to any public or private utility pole, lamppost, fire hydrant, bus shelter, sidewalk, bridge, tree or similar installation or improvement, whether situated upon public or private property.
F. 
Public property. No sign shall be placed or erected on any public property without first obtaining written approval of the Board of Trustees.
G. 
Other prohibited signs:
(1) 
Billboards, roof signs, marquees, portable, mobile or moveable signs.
[Amended 10-18-1999 by L.L. No. 3-1999]
(2) 
Banners, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices, are prohibited except as defined in § 190-53.
H. 
Ground signs. Ground signs shall be prohibited except where expressly permitted by this article.
I. 
Sign heights. No sign shall be erected or maintained on the face of a building so that any portion shall extend above the base of a roofline or above the first story of a multistory building, and in no case shall any sign extend more than 16 feet above the ground, measured to the top of the sign, except as hereinafter provided.
The provisions of this article shall not apply to signs established pursuant to governmental authority or used for the identification of public buildings, facilities and activities sponsored by a governmental authority or of an official character, such as traffic regulation devices authorized by the Vehicle and Traffic Law of the State of New York, civil defense warning signs, railroad crossing designations, bus stop signs and any other sign authorized and required under local, state or federal law or which contains information required and designed for the protection and safety of the general public, such as danger areas, work areas, utility warnings, safety warning devices and similar notices.
The following signs are permitted in any use district without a sign permit and shall be limited to one such sign per property:
A. 
A nameplate and/or address sign attached to a building, not exceeding one square foot in area.
B. 
One attached nameplate or address sign denoting the name and occupation of the resident maintaining a professional office as a home occupation, not exceeding two square feet in area.
C. 
Temporary signs of the following nature:
(1) 
One nonilluminated ground or wall sign advertising the sale, lease or rental of the premises upon which the sign is located, not to exceed four square feet in area in R-1 and R-2 Zones or eight square feet in R-3, M-1 and C-1 Zones. Such sign shall be removed within five days after the sale of the premises has been consummated.
(2) 
One nonilluminated sign announcing a real estate open house or a garage or estate sale, to be erected or placed on the property where such event will take place, not to exceed four square feet in area. Such sign shall be removed within one day after the event has been held and in no event may be maintained on the property for a period exceeding one week.
(3) 
One nonilluminated wall or ground sign, denoting the architect, engineer or contractor, placed on the premises where construction, repair or renovation is in progress, but expressly excluding products, services or other forms of advertising, not exceeding 12 square feet in area in R-1 and R-2 Zones or 32 square feet in area in R-3, M-1 and C-1 Zones. Such sign shall be removed within 10 days after completion of the project.
(4) 
Signs which are designed exclusively to inform the general public of a fund-raising campaign, political campaign, social event, civic undertaking, annual festivity or related enterprise of a temporary nature sponsored by a nonprofit organization or governmental unit. Such signs shall be removed the day after the event and may not be placed on public property except by written permission of the Board of Trustees.
(5) 
Temporary signs in C-1 Zones calling attention to a promotional sale or similar event for a period not to exceed three weeks, provided that said signs shall not exceed 50% of the area of the window (glass surface) or wall on which they appear. Such signs shall be removed within three days following the event advertised.
All signs should be consistent with the architectural design of the building on which it is to be located.
A. 
The following signs are permitted for multiple-family dwellings in excess of six units in R-3 and C-1 Districts:
(1) 
One wall or ground sign for each street frontage, not to exceed 16 square feet in area. No wall sign or portion thereof shall extend above the first story of the building wall to which it is attached. No ground sign shall exceed a height of six feet measured to the top of the sign.
B. 
The following signs are permitted for religious facilities, schools and other community centers in any use district:
(1) 
One wall or ground sign, either nonilluminated or illuminated by indirect light only, for each street frontage, each not to exceed 16 square feet in area. No wall sign or sign or portion thereof shall extend above the first story of the building wall to which it is attached; no ground sign shall exceed a height of six feet measured to the top of the sign or be closer than four feet to a public sidewalk or property lot line.
C. 
The following signs are permitted for nonresidential uses in any use district:
(1) 
No more than two signs, illuminated or nonilluminated, per curb cut, solely for the purpose of traffic control on private property, each not exceeding two square feet in area.
D. 
The following signs are permitted for business uses in M-1 and C-1 and C-2 Use Districts:
[Amended 10-18-1999 by L.L. No. 3-1999]
(1) 
Buildings containing one business establishment: one wall sign, either nonilluminated or illuminated, which shall be no more than one square foot for each one foot of linear frontage of the building along the street; up to a maximum of 40 square feet with a sign height that shall not exceed 20% of the height of the first story; or one double-faced projecting sign, either nonilluminated or illuminated by indirect light only, which shall be no more than 12 square feet in area per side and project no more than five feet from the face of the building at an angle of 90° therefrom, with a minimum clearance above ground level of eight feet. Without awnings any sign permitted herein may not extend above the first story of the building to which it is attached and shall not exceed a height of more than 12 feet above ground level measured to the top of the sign. With an awning any permitted double-faced sign meeting the area size requirements will be allowed to be placed up to three feet above the first story so that the sign will be above the awning and its path of movement for storage. If the sign is illuminated, the lights shall be positioned and shielded so that there is no direct light into the second story windows. Also the lights shall be on only during the operating hours of the business.
[Amended 2-20-2003 by L.L. No. 2-2003]
(2) 
Buildings containing more than one business establishment: one wall sign for each ground floor business establishment which shall be no more than one square foot for each linear foot of building frontage occupied by the business, provided that the total sign area of such signs does not exceed the maximum limitations for a single attached sign as provided above.
(3) 
Building located on a corner lot: in addition to signs permitted in Subsection D(1) and (2) above, one additional attached sign facing the secondary street consistent with the criteria stated in § 190-54D(1) and (2) above.
E. 
In addition to the signs permitted in Subsection D above, the following signs are permitted:
(1) 
One permanent window sign per window, with a maximum of two per ground floor business establishment. The area of such sign shall not exceed 25% of the area of the window pane or four square feet, whichever is less. Window signs above the first story of a building are limited to lettering directly on the window, which shall be a maximum height of eight inches per line, with a maximum of two lines, and shall only be located on the primary street frontage of the building. A neon sign is allowable as a window sign if consistent with § 190-14Q(9).
[Amended 10-18-1999 by L.L. No. 3-1999]
F. 
In addition to the signs permitted in Subsections D and E above, awnings and canopies and sign information located thereon shall be permitted, subject to the following limitations:
(1) 
Awnings and canopies may project over a public sidewalk, provided that such awnings shall be attached to the building only, shall provide eight feet of clearance over the sidewalk and may not project over the sidewalk a distance of greater than 1/2 the width of the sidewalk or eight feet, whichever is less.
[Amended 10-18-1999 by L.L. No. 3-1999]
(2) 
Awning sign information, consisting of lettering or graphic display, shall not exceed a combined total area of 10 square feet per business establishment and shall not be permitted above the first floor.
[Amended 10-18-1999 by L.L. No. 3-1999]
(3) 
No sign shall project from an awning.
G. 
In no instance may the combined area of signs permitted in Subsections D, E and F above for a single building exceed 200% of the maximum area permitted for a single sign per Subsection D(1) above, regardless of the number of establishments contained therein.
H. 
In addition to signs permitted in Subsection D, E and F above, the following signs are permitted by special permit:
(1) 
For multistory buildings with more than four business establishments: one sign directory, either a wall sign adjacent to the principal entrance and not exceeding 1/3 the size of the principal entrance opening or one ground sign located in the front yard four feet from any lot line and not exceeding two square feet in area per business identified up to a total of 20 square feet. A ground sign directory shall not identify ground-floor business establishments with signs permitted in Subsection D(2) of this section.
(2) 
Signs on the side or rear walls of a building, exclusive of corner lot buildings: one wall sign not exceeding 15 square feet and a maximum height of 12 feet as measured to the top of the sign. Such sign shall be permitted only in cases where the orientation of the building limits the effectiveness of otherwise permitted signs.
I. 
The following signs are permitted for gasoline service stations and drive-in service facilities:
(1) 
Gasoline service stations:
(a) 
No more than three business signs, the combined maximum area of which shall not exceed the maximum area for a single sign per Subsection D(1) of this section, or no more than four signs if located on a corner lot per the requirements of Subsection D(3) above. Such sign(s) shall be wall signs affixed to the principal building and/or a pump island canopy.
(b) 
Price and/or type of service signs located on the pump island, which sign(s) shall be limited to six square feet and one per pump island.
(c) 
Signs required to be posted by governmental regulatory agencies shall not be factored into the size and number provisions of this subsection.
(2) 
Drive-in service facilities:
(a) 
No more than two business signs, the combined area of which shall not exceed the maximum area for a single sign per Subsection D(1) above, or no more than three signs if located on a corner lot per the requirements of Subsection D(3) above.
(b) 
Subject to Planning Board approval, one ground sign, on private property only, not exceeding 12 square feet in area with a minimum ground clearance of two feet, a maximum height of five feet as measured to the top of the sign and set back at least four feet from any lot line.
(3) 
On-site directional signage required by the Planning Board to facilitate internal circulation shall not be factored into the size and number provisions of this Subsection I.
J. 
Murals shall be permitted subject to the following provisions:
[Added 4-10-2008 by L.L. No. 2-2008]
(1) 
Murals shall be allowed only upon issuance of a special permit from the Village of Clyde Planning Board. All applications for murals shall be accompanied by a sketch or digitized picture, drawn to scale, showing the proposed location, size, height, artwork and color(s) of the mural, as well as the building facade upon which it is to be located. Applications for murals shall also include a written plan for ongoing maintenance of the mural once completed, including the person, agency or organization that will fund maintenance activities and probable costs associated with maintenance. Before issuance of a mural permit, the Planning Board shall determine that the application conforms to all of the following provisions.
(2) 
Murals within the C-2 Commercial Development District shall meet all applicable requirements of § 190-14 of this chapter.
(3) 
Mural content shall not be obscene or offensive.
(4) 
Murals shall not negatively impact historic resources within the Village of Clyde, or cause such resources to lose their local, state and national register eligibility.
(5) 
A mural shall be maintained and shall not be allowed to fade or lose its integrity. The Village of Clyde is not responsible for maintaining a mural. If the mural is not maintained, the Village of Clyde can require that the mural be removed or covered.
(6) 
If proposed mural materials are not compatible with the mounting surface, the mural shall be placed on its own substrate, set off from the mounting surface and properly anchored to resist wind and other forces in accordance with the NYS Uniform Fire and Building Code. The use of combustible materials shall not be used where prohibited by fire safety codes.
(7) 
Sand or high-pressure water blasting that would damage a historic building's facade is prohibited.
(8) 
If a mural becomes marked with graffiti, the property owner, or other designated party, is responsible for the prompt removal of the graffiti.
(9) 
The maximum allowed size of a mural shall be determined by the Planning Board on a case-by-case basis.
A. 
Sign permit.
(1) 
A sign permit shall be required prior to the performance of any sign work, as defined herein. No sign permit shall be required for sign maintenance, as defined herein. As used in this section, the following terms shall have the meanings indicated.
SIGN MAINTENANCE
Routine maintenance, including minor repairs such as repainting, bulb replacement and repair of electrical or mechanical parts. Repainting shall not be considered routine maintenance if undertaken to advertise a new occupancy.
SIGN WORK
Erection, placement, replacement, relocation, major repair, alteration or modification of a sign or its structural appurtenances.
(2) 
A sign permit is required in addition to any building permit issued for the erection or alteration of a building or structure; a building permit shall not constitute approval for the signage of a building.
B. 
Application for a sign permit. Application for a sign permit shall be made in writing to the Code Enforcement Officer upon forms prescribed and provided by such official.
C. 
Issuance of a sign permit. Upon filing of an application for a sign permit, the Code Enforcement Officer shall determine whether the proposed sign is in compliance with the requirements of this article and other laws of the Village. If the proposed sign requires a special permit, the application shall be forwarded to the Planning Board for action. If it shall appear that the proposed sign complies with all applicable requirements, the Code Enforcement Office shall, within 10 working days from the filing of the completed application or issuance of a special permit, where required, issue a permit for the erection of the proposed sign. If the sign authorized under any such permit has not been completed within six months from the date of issuance of such permit, the permit shall expire.
D. 
Revocation of permit.
(1) 
Any sign work not performed in conformance with the provisions of this article, including sign work performed without a permit, and any sign maintained in an unsafe condition so as to be detrimental to public health and safety shall constitute violations of the provisions of this article.
(2) 
In the event of such a violation, the Code Enforcement Officer shall give written notice specifying the violation to the owner of the sign, if known, and the owner of the land upon which the sign is located, to conform or remove such sign. The sign shall be brought into conformance within 15 days of the date of said notice. If the violation is not corrected within the specified time frame, the Code Enforcement Officer shall revoke the permit, if issued, and cause such sign to be removed.
E. 
Removal of certain signs.
(1) 
If the Code Enforcement Officer shall find that any sign regulated by this chapter is unsafe or not secure or is a menace to the public, he/she or she shall give written notice to the named owner of the sign and also the names owner of the land upon which the sign is erected, who shall remove or repair said sign within 15 days from the date of said notice. If said sign is not removed or repaired, the Code Enforcement Officer shall revoke the permit issued, if any, for such sign as herein provided and/or may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property or any temporary sign not removed at the expiration of 15 days to be removed summarily and without notice.
(2) 
Any sign which, in the determination of the Code Enforcement Officer, is abandoned or no longer advertises a bona fide business conducted or product sold on the premises shall be taken down and removed by the owner, agent or person having the beneficial use of the building, structure or land upon which said sign shall be found within 10 days after written notification from the Code Enforcement Officer. Where a business activity has been discontinued for a period of 90 days, the related sign(s) shall be presumed to be abandoned unless the owner, beneficial user or other party in interest files a written certification with the Code Enforcement Officer that such sign is to be utilized within 30 days following such ninety-day period.
(3) 
Abandoned signs not removed by the owner within 30 days after notice to remove a sign shall be removed by the Village, with all costs and expenses so incurred assessed against the property on which such is located, including reasonable attorneys' fees.
(4) 
Any sign which the Code Enforcement Officer has ordered removed pursuant to a violation notice under Subsection D above which remains in violation shall be considered an abandoned sign and subject to removal by the Village as provided above.
F. 
Special permit requirements. The Planning Board shall review all sign permit applications for which a special permit is required. Such permit shall be issued only upon the following findings:
(1) 
The sign shall have no adverse impact on:
(a) 
The character or integrity of any land or use having a unique cultural, historic, geographical or architectural significance.
(b) 
The character of districts in proximity within which such sign(s) would be prohibited.
(c) 
Other signs, including obstruction and shielding.
(d) 
The general visual and physical environment.
(2) 
The sign is appropriate to the size and character of the building or use it identifies.