[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.