The intent of these regulations is to promote and protect public
health, welfare and safety by regulating and restricting the location,
construction, repair, removal, alteration and maintenance of signs
and other advertising devices in the village. The regulations are
intended to promote and protect public health, welfare and safety
by regulating and restricting existing and proposed signs and advertising
devices of all kinds. It is intended to promote public safety, to
protect property values, to create a more attractive economic climate
and to enhance the scenic and natural beauty of the village.
B.
The provisions and regulations specified herein apply only to exterior
signs and signs which are visible from the public right-of-way.
C.
Except for temporary signs, no sign permit shall be issued by the
Code Enforcement Officer without the approval of the Planning Board.
D.
All signs shall be securely attached to a building or a structurally
sound support, and their display surfaces shall be kept neatly painted
and in good repair at all times.
E.
No illuminated signs or outdoor illumination shall direct light in
a way which would create a traffic hazard or nuisance or be unreasonably
detrimental to adjoining or neighboring properties.
F.
Except for time and temperature signs, no sign shall be illuminated
by or contain a flashing, intermittent, rotating or moving light or
lights. Lighting devices shall employ only lights emitting light of
constant intensity.
G.
A projecting sign which overhangs a public right-of-way or sidewalk
shall not extend more than 48 inches from the face of the building
to which it is attached. No projecting sign shall be closer than eight
feet to the public right-of-way or sidewalk over which it is projecting.
Projecting signs shall not exceed 12 square feet in area on each face
side and shall not be more than three feet in height measured parallel
to the building to which it is attached.
H.
A flush-mounted building sign shall not project more than 12 inches
from the face of the building to which it is attached.
I.
No sign or part thereof shall contain or consist of banners, posters,
pennants, ribbons, streamers, spinners or similar fluttering devices.
J.
No sign shall consist of animated or moving parts.
K.
After one year from the date of the enactment of this chapter, no movable or portable signs shall be permitted to be placed on any premises in the village. Temporary signs approved under § 163-88 are exempted from this provision.
L.
No signs shall be attached to fences, utility poles or trees.
M.
No sign shall be erected or maintained upon the roof of any building
or structure.
N.
No motor vehicle, mobile home or trailer on which is placed or painted
any sign shall be parked or stationed in a manner primarily intended
to display the sign.
O.
No sign shall be erected or maintained within the public right-of-way
of any street, nor within 15 feet of the pavement of any public street
or within 10 feet of any property line unless flush-mounted to a building.
P.
No sign shall be permitted which advertises a business use or service
other than that which exists on the premises on which said sign is
located.
Q.
The regulations specified herein shall not apply to any sign or directional
device erected by any governmental agency, nonadvertising signs identifying
underground utility lines or posted or preserve signs erected pursuant
to the Environmental Conservation Law of the State of New York.
R.
No sign shall be erected in such a manner as to confuse or obstruct
the view of any traffic sign, signal or device.
S.
No sound amplifiers, public address systems or other sound devices
shall be used as a means of advertising or to attract attention to
a sign.
T.
Awnings, as defined by this chapter, are considered to be signs and
may be permitted, provided that they comply with the regulations for
signs and the following standards:
[Amended 2-5-2007 by L.L. No. 1-2007]
(1)
Only awnings made of fabric shall hereinafter be placed, constructed
or maintained over any street or sidewalk or portion of the same.
(2)
Awnings must be fastened to the facade of the building and not supported
from the ground; shall not extend more than six feet from the facade;
and no portion of the awning, including the flap and brace, shall
be less than seven feet above the sidewalk or entranceway over which
it is attached.
(3)
No awning shall be illuminated so as to project an image, name of
business or advertisement. Illumination is permitted to the extent
that it provides a safe line of sight for pedestrians and/or eliminates
a dark vestibule, entryway, foyer, portal and the like.
(4)
Awnings may be retractable.
(5)
Awnings may contain lettering, but no logos or pictorial matter.
Any lettering on such awnings shall be restricted to the vertical
face of the awning (perpendicular to the street).
(6)
Color schemes, lettering content and design must be approved by the
Planning Board prior to the installation of the awning.
(7)
Awnings shall be maintained in a good state of repair. The fabric
of such awning shall not show evidence of excessive weathering, discoloration,
ripping, tearing, holes or other deterioration.
U.
Flower boxes, which extend over or rest on a public right-of-way,
shall not extend more than nine inches from the facade of the building
to which they are accessory. Flower boxes shall not contain any lettering,
logos or pictorial matter and may not be illuminated, except indirectly.
A.
The total area of all signs erected on a single property to advertise
a specific business or activity, including freestanding and building
signs, shall not exceed an area of two square feet for each linear
foot of building frontage of the principal structure, measured along
the street or off-street parking area, whichever is greater, that
provides the principal access for the use.
B.
Directional signs that do not exceed two square feet in sign area
and are limited to such texts as "Office," "Entrance," "Exit," "Parking"
and "No Parking" shall be excluded from the limitation on the total
area of signs permitted.
C.
No freestanding sign shall be more than 20 feet in height, measured
from the highest level of natural ground immediately beneath the sign
to the highest point of the sign or the supporting structure thereof.
The Planning Board shall establish the setback for freestanding signs
to ensure that such signs do not obstruct the view of motorists or
create a nuisance to adjacent properties.
D.
Business identification signs attached to windows and/or doors on the interior of a building and which are visible from the public right-of-way shall be excluded from the calculations to determine the maximum allowable sign area on a property specified in Subsection A above, provided that such window or door signs do not exceed 30% of the total surface area of the windows and/or doors on the facade of the building to which said signs are attached. If such signs exceed the thirty-percent limit, they shall be counted in determining the total area of all signs permitted on a property. (See Subsection A.)
E.
Signs attached to the windows and/or doors of business establishments to advertise the temporary sale of a product or commercial service and which do not identify the name of the business shall be excluded in determining the total area of all signs permitted on a property. (See Subsection A.) No business shall be permitted to display more than two such temporary advertising signs at any time.
Notwithstanding the standard governing the total area of signs permitted to be erected or maintained on any parcel of real property set forth in § 163-83 above, the following standards shall guide the regulation of all signs associated with projects when more than one principal building or business use or activity is proposed to be conducted upon a single parcel of real property, such as in the case of a shopping center, plaza or mall or other multiple commercial use facility or industrial park.
A.
A single freestanding sign of up to 32 square feet in area and not
more than 20 feet in height may be erected which identifies the name
of the center or facility as a whole and does not advertise any individual
business activity.
B.
Freestanding signs advertising individual businesses within a shopping
center or joint development project shall be prohibited.
C.
One sign identifying individual businesses or uses may be erected
for each separate principal activity. Individual business signs may
be attached to the face of the building. Such signs shall not exceed
the lesser of two square feet of area for each linear foot of store
frontage or 20% of the surface area of the building face on which
the sign is to be attached.
D.
In a multiple commercial use facility or industrial park, there may
be one directory sign at any location therein which shall not exceed
five square feet for each acre of land in such commercial area or
industrial park, provided that no such sign shall exceed 20 square
feet in area. In addition, at each point of entrance and exit for
vehicular traffic into such multiple commercial use facility or industrial
park, one other directory sign shall be permitted which does not exceed
two square feet for each acre of land in such multiple commercial
use facility or industrial park. Such signs shall not exceed a total
area of 12 square feet.
E.
An overall sign design plan for any such center or facility shall
be submitted with the application for the site development permit.
The sign design plan shall include plans for each principal activity
therein and shall reflect a reasonable uniformity of design, lettering,
lighting and material.
A.
A sign indicating the name and address of the occupant or identifying
a home occupation may be permitted, provided that such sign shall
not be larger than four square feet in area. If such signs are freestanding,
they shall not exceed four feet in height above the ground level at
the sign's location. Said signs shall not be illuminated, except
indirectly.
B.
For multiple-family dwellings, churches, libraries, social clubs,
public buildings and other similar uses, a single identification sign
not exceeding 16 square feet in area and indicating only the name
and address of the building may be displayed. Signs identifying churches,
libraries and other similar public buildings may, in addition to the
name and address, include the times that services are provided. Such
signs shall not be located closer to any lot line than 1/2 of the
required setback nor project more than four feet in height above grade.
Said signs shall not be illuminated, except indirectly.
C.
No more than two signs advertising the sale, lease or rental of a
property may be placed on the site which is available. Such advertising
signs shall not exceed six square feet in area and shall be erected
or displayed not less than 10 feet inside the property line and not
more than four feet in height. Said signs shall be removed from the
premises within seven days after the property has been leased or title
transferred.
D.
A permanent sign may be erected to indicate a subdivision. Said sign
shall not exceed 16 square feet in area nor more than four feet in
height.
E.
A sign advertising the sale of property within an approved subdivision
may be permitted, provided that said sign does not exceed an area
of 16 square feet. Said sign shall be located at the entranceway to
the subdivision and may be placed on the property for a period of
three years from the time of subdivision approval or 30 days following
the sale of the last lot in the subdivision, whichever occurs first.
F.
Signs advertising a business or home occupation in a residential
district shall not exceed six square feet in area. If freestanding,
such signs shall not be located closer to any lot line than 1/2 of
the required setback nor project more than four feet in height above
grade. Said signs shall not be illuminated, except indirectly.
The following signs are permitted in all districts without a
permit:
A.
Signs bearing the name of the principal occupant and/or the street
address of a private dwelling which do not exceed one square foot
in area.
B.
Professional nameplates which do not exceed one square foot in area.
C.
Signs advertising the sale, lease or rental of the premises upon
which the sign is located which do not exceed six square feet in area.
Notwithstanding the other provisions of this Article, noncommercial
speech signs may be displayed without a permit subject to the following
regulations:
A.
Noncommercial speech signs in residential districts.
(1)
Noncommercial speech signs may be permitted in any residential district
without a sign permit, subject to the following conditions:
(a)
The maximum number of noncommercial speech signs per lot shall
be two, excepting posted or preserve signs erected pursuant to the
Environmental Conservation Law of the State of New York.
(b)
Of the total number of signs, only one shall be a window sign.
No window sign shall exceed 25% of the total window opening or one
square foot, whichever is smaller.
(c)
A building-mounted sign may not exceed two square feet in total
area. Any building-mounted sign shall be located in proximity to an
exterior entrance.
(d)
A ground-mounted sign, unless otherwise specified herein, shall:
[1]
Not exceed six square feet in sign copy area;
[2]
Not exceed four feet in height above grade;
[3]
Maintain a minimum ground clearance of two feet;
[4]
Not be closer to any lot line than 1/2 of the required setback;
[5]
Not interfere with vehicle site distances either from, along
or to a public way; and
[6]
Not be illuminated, except indirectly.
B.
Noncommercial speech signs in business and industrial districts.
(1)
Noncommercial speech signs associated with nonresidential uses may
be allowed in any business or industrial district without a sign permit,
subject to the following conditions:
(a)
The maximum number of noncommercial speech signs per lot shall
be two, excepting posted or preserve signs erected pursuant to the
Environmental Conservation Law of the State of New York.
(b)
Such signs shall not exceed 20 square feet in area.
(c)
Freestanding noncommercial speech signs shall not be closer
to any lot line than 1/2 of the required setback.
(d)
Freestanding noncommercial speech signs shall not exceed six
feet in height above grade level.
(e)
Building-mounted noncommercial speech signs shall be located
on the first floor front facade of the structure.
(f)
Noncommercial speech signs shall not be illuminated, except
indirectly.
A.
Temporary signs advertising any political, educational, charitable,
civic, religious or like campaign or event may be erected or displayed
for a consecutive period not to exceed 30 days in any calendar year.
Notwithstanding the above, political signs may be displayed without
requiring a permit for a period of up to 60 days. Said signs shall
be removed within seven days following the campaign or event.
B.
If such temporary signs are not removed within the seven-day period,
the Code Enforcement Officer is authorized to remove said signs and
to charge all costs incident to the removal of the sign or signs to
the organization responsible for the placement of the signs.
C.
No temporary sign shall be attached to fences, trees, utility poles,
bridges or traffic signs and shall not obstruct or impair vision or
traffic in any manner or create a hazard or disturbance to the health
and welfare of the general public.
D.
No temporary sign shall exceed 16 square feet in area.
A.
Any existing sign erected prior to the adoption of this chapter which
is nonconforming and for which no permit was issued shall be removed
within six months from the effective date of this chapter.
B.
Any existing sign erected prior to the adoption of this chapter for
which a permit was issued and which would be in violation under the
provisions of this chapter shall be allowed to continue for a period
of not more than four years from the effective date of this chapter.
At the end of the four-year period all such nonconforming signs shall
be removed.
C.
The provisions of Subsection B above shall not apply to signs which the Planning Board determines to have unusual community significance.
D.
Nonconforming signs shall not be altered, rebuilt, enlarged, extended
or relocated, unless such action changes a nonconforming sign into
a conforming sign as provided herein. The failure to keep any such
nonconforming sign in good repair within a period of 30 days after
due notification by the Code Enforcement Officer shall constitute
abandonment of the sign. A sign which is abandoned shall not be reused
and shall be removed by or at the expense of the property owner.
E.
If a project subject to zoning review(s) is proposed for a parcel
of property upon which a legally preexisting sign which does not conform
to these standards is located, the reviewing agency shall require
that said nonconforming sign be brought into compliance as a condition
of the approval of the proposed action.
All applications for a sign permit shall be made, in writing,
upon the forms prescribed and provided by the Code Enforcement Officer
and shall be accompanied by the required fee.
A.
All applications shall contain the following information:
(1)
Name, address and telephone number of the applicant.
(2)
Location of the building, structure or land to which or upon which
the sign is to be erected.
(3)
A detailed drawing or blueprint showing a description of the construction
details of the sign and showing the lettering and/or pictorial matter
composing the sign; the position of lighting or other extraneous devices;
a location plan showing the position of the sign or any buildings
or structures, including any private or public street or highway.
(4)
Written consent of the owner of the building, structure or land to
which or on which the sign is to be erected, in the event that the
applicant is not the owner thereof.
B.
All applications for a sign permit, except those for a temporary
sign, shall be forwarded to the Planning Board for review. Prior to
rendering its decision, the Planning Board shall review the design,
size and location of the proposed sign to determine whether the proposed
sign is in compliance with the regulations set forth in this chapter.
Upon the completion of its review, the Planning Board may approve,
approve with conditions or reject the application. All decisions of
the Planning Board shall be made, in writing, to the Code Enforcement
Officer within 45 days of the receipt of an application. If the Planning
Board fails to act within this period, the Code Enforcement Officer
may issue the permit if the proposed sign is in compliance with these
regulations.
It shall be the duty of the Code Enforcement Officer, upon the
filing of the application for said permit, to examine all of the data
submitted to him with the application and, if necessary, the building
or premises upon which it is proposed to erect the sign or other advertising
structure. If it shall appear that the proposed sign is in compliance
with all of the requirements of this chapter and other rules and regulations
of the Village of Warsaw and has been approved as to design, size
and location by the Planning Board, as provided for herein, a permit
for the erection of the proposed sign shall be issued. If the sign
authorized under any such permit has not been completed within six
months from the date of the issuance of such permit, the permit shall
become null and void, but may be renewed for one additional six-month
period upon the approval by the Planning Board and upon payment of
an additional fee. A request which cites the reason for requesting
the extension for the completion of the sign shall be submitted, in
writing, to the Planning Board not more than 30 days following the
first six-month expiration period.
A.
The Code Enforcement Officer shall notify the owner of any sign which
no longer serves the purpose for which a permit was granted or is
unsafe, insecure or is a menace to the public or has been erected
or installed in violation of this chapter, in writing, to remove or
correct the unsatisfactory condition of said sign within 30 days from
the date of such notice.
B.
Upon failure to comply with such notice within the prescribed time,
the Code Enforcement Officer is hereby authorized to remove or cause
the removal of such sign. All costs and expenses incurred in removing
said sign shall be charged to the owner of the sign and/or the owner
of the land or building on which such sign is located.
C.
The Code Enforcement Officer may cause any sign which is a source
of immediate peril to persons or property to be removed summarily
upon written notice to that effect. Failure to comply within 24 hours
of such notice shall serve as an authorization to the Code Enforcement
Officer to remove or cause the removal of such sign, with all costs
and expenses charged as provided for above.
