The definitions which shall apply in the construction and application
of this chapter are specified in the Definitions Section, under the
definition of "signs."
Prohibited signs. Unless otherwise specifically permitted under
this chapter, the following signs and/or sign parts shall not be permitted
or erected in the Village:
B. Signs displaying streamers, windblown devices, spinners, trailer
signs, and pennant string flags.
C. No flashing, animated, moving or bare-bulb-type signs or displays.
D. Signs affixed to or painted on street furniture.
E. Signs painted directly onto wall surfaces.
F. Neon tubing, LED or similar accent lighting shall not be permitted
on, in, around, in front or behind windows in a manner visible to
the general public.
H. Signs which are painted on or attached to a fence or wall (nonpermanent
wall sign).
I. Signs which are of a size, location, content, coloring, or manner
of illumination which may be confused with or construed as a traffic
control device or which hide from view any traffic or street sign
or signal which obstruct the view in any direction at a street or
road intersection.
J. Signs which contain any obscene material as defined under Miller
v. California, 413 U.S. 15 (1973).
K. Signs which emit audible sound, odor, or visible matter.
L. A sign which copies or imitates or in any way approximates an official
highway sign or carries the words "stop" or "danger"; or any sign
which obscures a sign displayed by public authority for the purpose
of giving traffic instruction or direction or other public information.
M. A sign which obstructs any window or door opening used as a means
of egress or prevents free passage from one part of a roof to any
other part thereof. A sign which interferes with an opening required
for legal ventilation.
N. A sign or illumination that causes any direct glare into or upon
any building or property, other than the building or property to which
the sign is accessory to.
O. A sign which displays flashing or intermittent lights or lights of
changing degrees or intensity unless each interval in the cycle is
eight seconds or more and the sign does not constitute a traffic hazard.
P. Any sign unlawfully installed, erected, or maintained.
Q. Any sign not expressly permitted herein.
Except as otherwise provided, the following conditions shall
apply to all districts and sign types:
A. Applicability and effect. Signs shall be permitted which are in accordance
with:
(1) The general provisions of the Sign Ordinance.
(3) Section
425-8, Schedule of Sign Regulations.
(4) The sign regulations for the district in which the sign is to be
located.
(5) All applicable provisions of the building and electrical codes of
the Village of New Haven as adopted, and all amendments thereto.
B. Interpretation. In this interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements necessary
for the promotion and protection of the public health, safety, and
welfare.
C. Existing agreements. This chapter shall not abrogate any private
agreement, provided that where the regulations of this chapter are
more restrictive or impose higher standards than such private agreements,
the provisions and requirements of this chapter shall govern.
D. Substitution clause. Noncommercial signs are allowed in all districts
and may be substituted for any sign expressly allowed under this chapter.
E. Separability. In accordance with the following, it is hereby declared
that the several provisions of this chapter are separable:
(1) If any court of competent jurisdiction determines any provisions
of this chapter to be invalid, such determination shall not affect
any other provision of this chapter not specifically included in the
court's judgment order.
(2) If any court of competent jurisdiction determines any provision of
this chapter to be invalid as applied to any particular sign, such
determination shall not affect the application of such provisions
to any other sign not specifically included in the court's judgment
order.
F. Approval required. Approval and issuance of a building permit is
required prior to the erection, installation, alteration or relocation
of any sign, unless specifically exempt from permit requirements elsewhere
in this chapter. Site plan review and approval shall be required for
all signs proposed in conjunction with a proposed development which
is required to receive site plan review and approval.
G. Construction and maintenance. All signs shall be constructed and
maintained in compliance with all local building codes and applicable
laws and shall be of sturdy construction to withstand normal natural
elements. Signs which have missing letters, burned-out illumination
elements or other damaged or missing parts shall be considered improperly
maintained.
H. Materials. Materials chosen and design selected for signs shall be
consistent with the architectural design of the building they identify.
All signs shall be maintained in a condition similar to that which
existed at the time of their erection. At the least, all signs and
all awnings shall be kept clean, free of missing or loose parts, free
of blistering or peeling paint, and without missing or obsolete sign
panels. Further, all signs that are obsolete, due to the discontinuance
of the business or activity advertised thereon, shall be removed within
30 days of the closure of said business or activity.
I. Sign area. Unless otherwise noted a sign's area shall include the
total area within any circle, triangle, rectangle, or other geometric
shape or envelope enclosing the extreme limits of writing, representation,
emblem, logo, graphic or any similar figure or element of the sign,
together with any frame or other material forming an integral part
of the display, if any, or used to differentiate such sign from the
background against which it is placed.
(1) In the case of a wall sign in which there is no frame or other material
forming an integral part of the display or used to differentiate such
sign from the background against which it is placed, the envelope
shall be around the full perimeter of any grouping of letters, logos,
emblems, figures, pictures, etc.
(2) In the case of an awning or canopy sign, where there is no design
or envelope forming an integral part of the display which differentiates
the sign from the background of the awning material or color, the
envelope shall be around the full perimeter of any grouping of letters,
logos, emblems, figures, stripes, etc. For transparent or translucent
awnings or canopies which have internal lighting, the entire surface
of the awning or canopy shall be considered as the sign.
(3) For a single-faced sign, the area shall be computed as the total
exposed exterior surface in square feet.
(4) The area of a double-faced freestanding sign shall be computed using
only one face of the sign, provided that the outline and dimensions
of both faces are identical and that the faces are back-to-back so
that only one face is visible at any given location. In all other
cases, the sum of both faces shall be computed for the sign area.
(5) Width-to-length ratio. In no case shall any sign exceed a maximum
width-to-length or length-to-width ratio of eight to one (8:1), unless
otherwise provided for within this chapter.
J. Locational requirements.
(1) No sign, except as otherwise permitted herein, shall be located in,
project into, or overhang a public right-of-way or dedicated public
easement, be attached to any utility or light pole, or be placed anywhere
on public property without permission from the Village of New Haven.
(2) No sign, except those established and maintained by the Village,
county, state or federal governments, shall be located within the
triangle formed by the intersection of any road rights-of-way and/or
access drive at points 15 feet distant from the point of their intersection.
(3) No signs shall be located so as to impede pedestrian or automobile
traffic.
(4) In no case shall a sign be closer than 10 feet to any property line.
All signs shall meet the following minimum setbacks as measured in
feet from the center line of each road right-of-way (ROW) in accordance
with the Village's Master Plan. An additional ten-foot setback from
road center lines and property lines shall be required for all signs
constructed in residential zoning districts. Political signs shall
be exempt from this section.
Road Type (see Master Plan)
|
Distance
(feet)
|
---|
Regional (204-foot ROW)
|
112
|
Regional (150-foot ROW)
|
85
|
Major (120-foot ROW)
|
70
|
Secondary (120-foot ROW)
|
70
|
Collector (86-foot ROW)
|
53
|
Local (70-foot ROW)
|
45
|
Local (60-foot ROW)
|
40
|
Cul-de-sac
|
70
|
Freeway*
|
50
|
Private roads**
|
20
|
NOTES:
|
*
|
Freeways shall be measured from the established right-of-way
lines.
|
**
|
Measured from the road easement or common usage line.
|
K. Illumination.
(1) Illumination of signs shall be positioned and shielded so that the
light shines away from adjoining properties and the eyes of motorists
or pedestrians. The light source of such illumination shall be shielded
from public view and shall not exceed 1/2 footcandle of light at any
property line or right-of-way line.
(2) A lighted display of time, temperature, or similar nonadvertising
public information shall be permitted as part of a sign subject to
Zoning Administrator review and approval. The sign information must
be accessory to the use on site and shall not include any off-site
advertising.
L. Addresses.
(1) Addresses shall meet the following requirements and shall not be
included in sign area computations:
(a)
Numbers shall be of a height and width so as to be readily identifiable
and readable from the adjacent roadway.
(b)
Address numbers shall be located on all store doors at the front
and rear of the facility.
(c)
Addresses shall be integrated with the structure on all monument
signs and shall be clearly distinguishable from the sign face. For
signs advertising more than one address, the range of addresses shall
be on the sign.
(d)
All sites, including residential home sites, shall display an
address which is clearly visible from the road.
M. Landscape requirements. A monument sign shall be located within a
landscaped area. Such landscaping shall include evergreen shrubs and
other landscape amenities.
N. Open and closed sign. A single "open" or "closed" sign may be allowed
for each business establishment, provided that such sign does not
exceed more than three square feet in area. Such signs may be illuminated.
O. Maintenance of signs. If, upon inspection by the Building Inspector
and/or Code Enforcement Officer, a sign is found to be unsafe, insecure,
corroded, subject to corrosion, or otherwise poorly maintained, then
the owner shall make the sign safe and secure by completing any necessary
reconstruction, repairs, painting or other improvements in accordance
with the following timetable, unless the sign is required to be removed
by the nonconforming sign regulations herein:
(1) If the Building Inspector and/or Code Enforcement Officer determines
that the sign is an immediate threat to the safety of persons or property
nearby, all required action to correct the defect shall be taken within
48 hours (two working days) from the time of notification in writing
from the Village, provided that the sign can be cordoned off or adequately
secured during the intervening time so as to remove any immediate
threat to safety. If such sign cannot be cordoned off or secured so
as to eliminate any immediate threat to the safety of persons or property,
then all required action to correct the defect shall be made forthwith.
(2) If the Building Inspector and/or Code Enforcement Officer determines
that the sign is not an immediate threat to the safety of persons
or property, all required action to correct the defect shall be made
within 30 days after notification in writing from the Village. The
Building Inspector and/or Code Enforcement Officer may extend the
thirty-day timetable (until the conditions are deemed suitable for
repair) if temperatures below 25° F. prevent painting, or if the
defects involved are minor, not generally noticeable to the public,
and not a hazard to public safety (such as replacement of burned-out
light bulbs).
P. Nonconforming signs. Any sign already established by the effective
date of this chapter which is rendered nonconforming by the provisions
of this chapter, and any sign which is rendered nonconforming as a
result of subsequent amendments hereto, shall be subject to the regulations
concerning nonconforming signs as follows:
(1) Any sign which advertises a business or industry no longer being
conducted, or a product no longer being manufactured or sold on the
property, shall be considered nonconforming. Such signs shall be taken
down and removed by the owner, agent or person having the beneficial
use of the building, structure or land within one month from the date
of written notice from the Village. However, where such a sign structure
and frame are typically reused by the current occupant or business
in leased or rented buildings, the building owner shall not be required
to remove the sign structure and frame in the interim periods when
the building is not occupied, provided that the sign structure and
frame are maintained in accordance with this chapter and other relevant
Village ordinances and codes, and provided, further, that the time
period of nonuse does not exceed 90 days.
(2) Any sign in business and industrial districts which is a conforming
sign as to use and advertises a bona fide business or industry being
conducted or a product being manufactured or sold on the property,
but is nonconforming as to size, projection, location, number of signs,
position, material or construction, shall be taken down, removed,
repaired, rebuilt or replaced, in such a manner as to bring the sign
into compliance, by the owner, agent or person having the beneficial
use of the building, structure or land within five years from the
adoption of this chapter, except in the event of sale or transfer
of the property, upon which the new owner, agent, or person having
control over the beneficial use of the building, structure, or land
shall immediately bring the sign into compliance with all relevant
Village ordinances and codes.
Q. Removal of signs. Whenever a sign is removed, or is required to be
removed, by this chapter or by order of the Building Inspector and/or
Code Enforcement Officer, the entire sign structure, including fastenings
and anchorages, shall be removed.
For the purposes of this chapter, the term "site" shall be defined
as all land in a development which is necessary or indicated as part
of the development proposal to meet parking requirements, setback
requirements, landscape requirements, drainage requirements (i.e.,
retention or detention basin), and lot coverage requirements.
A. Residential zoning districts (all residential zoning districts).
(1) One identification sign or nameplate is permitted for each dwelling
unit with a permitted home occupation.
(2) One monument sign is permitted for each approved nonresidential (other
than home occupation) building site.
(3) One double-faced subdivision entrance sign placed parallel to the
entrance road or two single-faced subdivision entrance signs placed
perpendicular or within 45° of the entrance road shall be permitted
for each major entrance to a residential subdivision, manufactured
housing community and multiple-family development, as approved in
the site plan or subdivision approval.
(4) Other than as permitted above, no sign shall have a sign area exceeding
six square feet in a residential zoning district.
B. Residential Office Zoning District (RO Zoning District).
(1) One identification sign or nameplate is permitted for each office
unit within a multitenant professional office development.
(2) For professional office uses in the RO District, one wall sign and
one monument sign shall be permitted for each site.
(3) For office uses and retail uses in the RO District, one wall sign
shall be permitted for each tenant which has both a separate unit
within a building and has an individual exterior public entrance to
a building. In those cases where multiple tenants share an entrance,
one wall sign shall be permitted to include all tenants. One additional
wall sign shall be permitted on buildings which front on two major,
secondary or collector roads, as defined by the Village Master Plan.
Only one wall sign shall be placed on each street facade. In addition,
one monument sign shall be permitted for each site.
(4) In shopping centers with multiple tenants, all signage shall be coordinated
as to size, location, color and character. A coordinated sign package
shall be submitted for the entire complex or center prior to individual
permits being granted.
C. General Business Zoning District (GB Zoning District).
(1) One monument sign shall be permitted for each site. Retail establishments
with over 60,000 square feet of gross floor area and over 300 feet
of road frontage on a single thoroughfare shall be permitted two monument
signs. In such cases, the signs shall be evenly spaced along the frontage
of the site and shall not in any case abut each other or if the site,
as described above, has multiple road frontages, one sign may be placed
on each road frontage.
(2) One wall sign shall be permitted for each tenant having an individual
public entrance to a building. In those cases where multiple tenants
share an entrance, one wall sign shall be permitted to include all
tenants.
(3) One additional wall sign shall be permitted on buildings which front
on two major, secondary or collector roads, as defined by the Village
Master Plan. Only one wall sign shall be placed on each street facade.
(4) In shopping centers with multiple tenants, all signage shall be coordinated
as to size, location, color and character. A coordinated sign package
shall be submitted for the entire complex or center prior to individual
permits being granted.
D. General Business Downtown Zoning District (GBD Zoning District).
(1) Each site shall be permitted one monument sign which shall be constructed
of brick, wood, metal or other similar durable and decorative materials.
(2) Each site or each business with an individual public entrance to
a building shall be permitted one wall sign or one projecting sign.
One additional wall sign or one projecting sign shall be permitted
on buildings which front on two major, secondary or collector roads,
as defined by the Village Master Plan. Only one wall sign shall be
placed on each street facade.
(3) In shopping centers with multiple tenants, all signage shall be coordinated
as to size, location, color and character. A coordinated sign package
shall be submitted for the entire complex or center prior to individual
permits being granted.
E. Industrial Zoning Districts (IO, LI and HI Zoning Districts).
(1) One monument sign shall be permitted for each site.
(2) One wall sign shall be permitted for each tenant having an individual
public entrance to a building.
(3) One subdivision entrance sign shall be permitted for each major road
entrance to identify an industrial or technical park.
Any party who had a sign denied by the Planning Commission or
a sign permit denied by the Building Department may seek a variance
of the provision(s) of this chapter by filing an appeal application
to the Village of New Haven Zoning Board of Appeals. Such a variance
request must be applied for within 30 days of such denial.
A. At the hearing for a variance, the Zoning Board of Appeals may grant
a variance from the provisions of this chapter upon a finding of all
of the following:
(1) The particular physical surroundings, shape or topographical conditions
of the property would render compliance with the provisions of this
chapter difficult and would likely result in a particular hardship
on the owner, as distinguished from inconvenience of the chapter requirements
or a desire to increase financial gain or avoid the financial expense
of compliance.
(2) Strict enforcement of the provisions of this chapter would serve
no useful purpose.
(3) The type of sign structure and the location proposed would not pose
a significant risk to the public health, safety and welfare.
(4) The benefit of the sign to the general public and/or applicant under
the circumstances outweighs any risk to traffic safety and the Village's
desire to eliminate the accumulation of visual clutter in accordance
with the stated purpose of this chapter.
(5) A variance would be in the interest of the Village and not against
the spirit and intent of this chapter.
B. In issuing a variance from the strict letter of the provisions of
this chapter, the Zoning Board of Appeals may grant a variance of
any sign requirement or place reasonable conditions or restrictions
upon issuance of a permit.
Any person, firm or corporation who violates the provisions of this chapter shall be punished as set forth in Chapter
59, Municipal Civil Infractions, of the Code of the Village of New Haven.
For the purpose of this chapter, the following words and terms
shall be defined as follows:
SIGN
A.
The term "sign" shall mean the use of any words, numerals, figures,
pictures, banners, pennants, sculpture, devices, designs, insignia,
inflatable devices, imprints or trademarks by which anything is made
known, advertised or attracts attention to an object, product, place,
activity, person, message, institution, organization, cause, business,
service or use when viewed from outside a building or from neighboring
properties and roadways, or which promotes the interests of any person,
firm or corporation when the same is placed in view of the general
public, whether displayed on a permanent or portable structure attached
or not attached to a building, including painted directly on an exterior
building wall or awning. For purposes of this chapter, a sign shall
not include:
(1)
Legal notices, identification information or devices erected
or authorized by governmental bodies.
(2)
Signs of one square foot or less which contain only the names
of residents and/or street address numbers.
B.
Definitions applying to specific types of signs shall include,
without limitation, all of the following:
(1)
ACCESSORY SIGNA sign which pertains to and is incidental to the principal building and/or use on the premises.
(2)
ADVERTISING SIGN (NONACCESSORY SIGN)A sign relating to an activity, use or service not performed on the premises or to a product not fabricated, produced, handled or sold on the same premises upon which the sign is displayed. A sign which does not pertain to the principal use of the premises.
(4)
BANNER SIGNAny plastic, film, paper, cloth or similar material and its associated message area that is designed to be tied or otherwise fastened to a building or other structure so as to constitute a sign.
(5)
(a)
An advertising sign upon which a display is pasted, painted
or otherwise affixed in a manner which is readily changed. A nonaccessory
sign.
(b)
"Digital billboard" shall mean a display of a sign message that
is made up of internally illuminated components that display an electronic
image, which may or may not include text and is capable of changing
the message periodically. Digital billboards may include, but are
not limited to, television screens, holographic displays, programmable
ink, LCD, LED, or plasma displays.
(6)
(a)
Listing church, school or municipal names and/or events.
(b)
A directory of tenants and/or activities within a building,
use area or planned grouping of buildings, or other multitenant development
with separate panels for each individual tenant.
(7)
CANOPY SIGNA sign attached to, painted or printed on a canopy, awning, marquee or other similar type of structure. All awnings which have backlighting shall constitute signs for purposes of this section.
(8)
CANOPY ENTRY SIGNA sign attached to the underside of a canopy, awning, marquee or other similar type of structure.
(9)
CHANGEABLE COPY SIGNA sign on which message copy or graphics can be changed through the use of attachable letters, numerals or graphics; or by electronic switching of lamps, LEDs or other illuminating devices.
(11)
ENTRANCEWAY SIGNA ground sign identifying a primary vehicular entrance to a nonresidential or residential use such as a subdivision.
(12)
FEATHER SIGNA vertically oriented banner connected to a vertical pole, typically placed in the ground.
(14)
FREESTANDING SIGNA sign which is not mounted on or structurally attached to a building and which has its own foundation and support structures permanently attached to the ground.
(15)
GROUND SIGNA freestanding sign the bottom edge of which is located close to grade and thereby precludes visibility beneath the sign. Ground signs include monument-type signs. Not a post-pylon sign.
(16)
HUMAN DIRECTIONAL SIGN"Human directionals" shall include sign twirlers, sign spinners, and human sign holders, and shall mean a person or persons promoting a specific business, product, or event by seeking to capture the attention of passing motorists or pedestrians.
(17)
INFLATABLE SIGN"Inflatable sign" means any object enlarged or inflated which floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic.
(19)
PORTABLE SIGNA freestanding sign not permanently anchored or secured to either a building, structure or the ground, such as, but not limited to, so-called A-frame, T-shaped or inverted T-shaped stands. Any sign attached to a trailer or other vehicle not accessory to the vehicle or its use, but used with the express intent of advertising; a temporary sign.
(20)
PYLON SIGNA sign supported by post(s) or other column(s) thereby providing a predominately clear viewing space beneath the sign; not a ground sign.
(21)
PROJECTING SIGNA sign attached to a building wall and projecting outward from the face of said building more than 12 inches (not a wall sign).
(24)
REPLACEMENT SIGNA new or refurbished sign panel or facing within an existing sign or sign structure that does not increase sign area or otherwise modify the size or location of the sign.
(25)
ROOF SIGNA sign attached or located on the roof of a building.
(27)
TEMPORARY SIGNA freestanding sign, constructed of cloth, canvas, fabric, plastic, wood, paper or other material, with or without a structural frame, or any other sign intended for a limited period of display.
(28)
WALL SIGNAny sign attached to or erected against a wall or parapet wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of such wall and projecting outward from the wall not more than 12 inches; not a projecting sign.
(29)
WINDOW SIGNAny paper, posterboard, plastic film, cloth, paint or similar material, either temporary or permanent, and its associated message area, that is placed on or behind a window and which is visible from outside a business building.
All ordinances or resolutions in conflict with any part of this
chapter are hereby repealed to the extent of the conflict.
If any part of this chapter is held invalid or unconstitutional
for any reason, the remaining parts of this chapter shall remain unaffected.
This chapter shall take effect 20 days after adoption by the
Village Council, or immediately upon publication, whichever date occurs
first.