[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport 10-14-1991 as
part of L.L. No. 5-1991 (Ch. 41A of the
1968 Code); amended in its entirety 3-12-2018 by L.L. No. 4-2018. Subsequent amendments
noted where applicable.]
A.
Purpose. The purpose of this chapter is to provide comprehensive
time, place, and manner restrictions on signs, including but not limited
to controls on size, height, quantity, location, spacing, shape, lighting,
motion, design, and appearance, toward the end of promoting community
aesthetics, traffic safety, economic development and the protection
of property values.
B.
Intent. This chapter is intended to accomplish the following:
(1)
Protect and enhance Village appearance.
(2)
Encourage appropriate and compatible signs and graphics.
(3)
Lessen objectionable competition in sign size and placement.
(4)
Reduce the hazards of sign obstructions and distractions to motorists.
(5)
Create a more attractive business environment.
(6)
Create a more attractive residential environment.
(7)
Protect the value of buildings and properties in the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
A sign that in any manner is placed flat or parallel or painted
upon the exterior wall or roof of a building.
A sign containing the names of multiple tenants located within
the same building or plaza.
Any sign that identifies, promotes, or pertains to:
A single or multifaced sign affixed to a supporting structure
that is embedded in and extending from the ground. Any support structure
shall be included in sign area to the extent that it is larger than
that necessary to support the sign.
Any sign erected or maintained pursuant to and in discharge
of any governmental function or required by any law, ordinance or
governmental regulation; any sign erected or maintained by the Village
of Fairport in furtherance of the public health, welfare or safety;
any sign erected or maintained by the Fairport Municipal Commission
in discharge of its franchise and duties.
Any sign that is not a commercial speech sign.
A sign that protrudes from a building.
Any name, identification, description, display, illustration,
symbol, logo, statue, device, graphic material or representation which
is visible from any public place, designed to advertise, identify,
or convey information, and/or used for the purpose of directing attention
to an object, product, service, place, activity, person, institution,
organization, or business. Displays of merchandise in storefront windows
at regular mercantile establishments shall not be considered signs.
Murals are not included in this definition.
A sign which is permitted to be used or erected only for
a limited period of time pursuant to the provisions of this chapter,
and which is designed to advertise or announce a particular event
or series of events, to solicit support or to announce the availability
for sale of a particular item or items or the offer of services which
will be available for such limited period.
A sign that is placed on or behind a windowpane and intended
to be viewed from outside the building.
A.
Permit required. All signs shall require a permit issued by the Code
Enforcement Officer. Only those signs listed in this chapter shall
be allowed in the Village of Fairport.
B.
Application. Application for a sign permit shall be made on a form
provided by the Code Enforcement Officer and shall include such information
as required by the Code Enforcement Officer. The Code Enforcement
Officer shall publish regulations governing the information and documentation
that shall be required to be submitted as part of a sign permit application.
A.
Authority. The Planning Board is hereby given authority to grant sign site plan approval pursuant to the provisions of this chapter and the provisions of Chapter 550. The Planning Board is hereby granted authority to waive any of the provisions or requirements contained in this chapter if, in its opinion, it determines that such provisions or requirements are not necessary for the preservation or protection of the public health, welfare, or safety, and that such waiver will not cause any inappropriate or unsightly signs, or a situation in which there are too many signs in the area.
C.
Procedure.
(1)
Upon receipt of an application for preliminary site plan approval, the Code Enforcement Officer shall refer such application to the Planning Board for its review. The Code Enforcement Officer shall have the authority to approve a modification to an approved sign site plan, provided there is no change to either the number, location, or total area of signs, and that the modification is in compliance with the sign standards contained in § 408-5 of this chapter.
(2)
The Planning Board shall comply with the provisions of SEQR and implementing
regulations thereunder. An application for preliminary site plan approval
shall not be considered complete, and the review period shall not
begin to start, until either a negative declaration has been made
or a draft environmental impact statement has been filed.
(3)
Within 62 days of receipt of a complete application for preliminary
site plan approval, the Planning Board shall act on it. The Planning
Board's action shall be in the form of a written statement to
the applicant stating whether the preliminary site plan is conditionally
approved. A copy of the appropriate minutes of the Planning Board
shall be a sufficient report.
(4)
The Planning Board may recommend in its statement desirable revisions
to be incorporated in the final site plan, conformance with which
shall be a condition of approval. If the preliminary site plan is
disapproved, the Planning Board's statement shall contain the
reasons therefor. The Planning Board may recommend further study of
the site plan and resubmission of the preliminary site plan to the
Planning Board after it has been revised or redesigned.
(5)
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a preliminary site plan. Such conditions must be met prior to the
issuance of a sign permit by the Code Enforcement Officer.
A.
Design standards. All signs erected or maintained in the Village
of Fairport shall be in accordance with the following sign design
standards:
(1)
Commercial speech signs and their supporting structures should be
in harmony in style and scale with the architectural features of the
buildings on which they are placed or to which they relate, as well
as those of the surrounding neighborhood.
(2)
Signs should be appropriate to the types of activities they represent.
(3)
Signs should be appropriate in size, shape, color, and design to
the neighborhood.
(4)
Layout of signs should be orderly and graphics should be of simple
shape, such as rectangle, circle, or oval.
(5)
No more than three typefaces should be used on any one sign or group
of signs indicating one message.
(6)
The number of colors used should be the minimum consistent with the
design.
(7)
Group
of related signs should express uniformity and create a sense of harmonious
appearance.
B.
Miscellaneous.
(1)
Attention-getting devices. No sign shall include balloons, pennants,
ribbons, streamers, spinners, sails, or other similar fluttering or
flashing devices. No sign shall consist of animated or moving parts,
nor shall any sign appear to be animated or moving.
(2)
Uniform Building Code. All signs shall comply with the applicable
regulations of the New York State Uniform Fire Prevention and Building
Code, and any other state or county laws or regulations.
(3)
Utility line clearance. No signs shall be allowed which interferes
with any communication or energized power lines.
(4)
Public safety clearance. No sign shall be allowed that is attached
to a fire escape or to any door or window so as to block vision of
or confuse access to any fire escape or fire escape route.
(5)
Portable signs used for promotional purposes or daily specials shall
be allowed in the B-1, C-D, L-D, and M-1 districts subject to the
following restrictions:
(a)
One portable sign per business.
(b)
Portable sign must be placed within 10 feet of the primary entrance
to the business.
(c)
All portable signs must be at least 50 pounds in weight.
(d)
Maximum area per side shall be no greater than six square feet.
(e)
Portable signs must be inside after the business to which said
sign relates is closed each day.
The following signs shall not require a permit:
A.
Municipal signs.
B.
Noncommercial speech signs.
C.
Repainting, maintenance, or refurbishing of a conforming commercial
speech sign, provided that the copy or logo does not change.
D.
Credit card signs, provided that the total credit card sign area
does not exceed one square foot.
E.
"Sale," "Lease," "For Rent," or "Open-For-Inspection" signs, provided
that such signs are removed in a timely manner.
F.
One informational sign per business, not exceeding two square feet,
bearing a legend such as "Open."
G.
Garage and estate sale signs, provided that each residence has only
up to two such sales per year and the signs are placed within one
day before the sale commences and are removed within one day after
the sale concludes. Garage sale signs can be located in front of the
house in which the garage sale is being conducted and at the closest
intersection to a major street, with a maximum of two signs.
H.
Alarm or security company signs, provided that the total area of
said sign does not exceed one square foot.
Except as otherwise stated herein, the size, shape, location,
design, and total number of signs per parcel shall be in conformity
with the regulations contained in the attached schedule, which is
hereby made a part of Village Code.[1]
[1]
Editor's Note: The sign code schedule is included as an attachment to this chapter.
The following signs are prohibited:
A.
Signs that incorporate neon, fluorescent or similar colors.
B.
Posted fliers. Posted fliers are not allowed in any residential district.
In all other districts, posted fliers shall not be attached to trees,
fences, utility poles, street furniture, public transit shelters,
automatic teller machines (ATMs), and the like.
C.
Moving signs. Signs which move or simulate motion are prohibited.
This shall include flashing, blinking, animated, kinetic, rotating
signs or signs whose illumination or projected surface changes with
time, but shall not include time and temperature signs.
D.
Pertinent advertising. No commercial speech sign shall be displayed
unless such sign advertises a bona fide business conducted in or on
the premises.
E.
Price signs. Signs, other than window signs, specifying price, cost,
or value are not allowed, unless advertising the price of gas at a
gasoline station, as required by county law.
F.
Product names, trade names, or logos. Product names, trade names,
and logos are permitted as a part of a sign only when the product
name, trade name or logo is integral to the name of the business or
tenant. No more than 10% of any sign may be used to display the product/trade
names of any products total sign area or commodities.
G.
Reflective surfaces. Reflective surfaces are prohibited.
H.
Right-of-way. Unless otherwise specified herein, no signs shall be
permitted in any public right-of-way.
I.
Roof signs. No signs, banners, flags, attention-getting devices,
or other like advertising devices shall be permitted on the roof of
any building or structure or be mounted so as to project above the
rooftop.
J.
Temporary signs, other than those specified in this chapter and in
the sign schedule, are prohibited.
K.
Traffic hazard. No permanent or temporary sign shall be erected or
placed at or near the intersection of any streets in such a manner
as to cause a traffic hazard; or at any location where, by reason
of the position, shape, color or illumination of the sign, it may
interfere with, obstruct the view of, or be confused with any authorized
traffic sign, signal, or device.
L.
No sign shall include anything that may be considered vulgar or obscene.
All signs and structures which support signs shall be properly
maintained at all times. The Code Enforcement Officer shall have the
authority to order the repair or removal of any sign and the accompanying
landscaping which constitutes a hazard to safety, health, or public
welfare by reason of inadequate maintenance, dilapidation, obsolescence,
or abandonment. Notification shall be by personal delivery or first-class
mail to the last known address of the property owner or occupant.
If the maintenance notice is not complied with within 15 days, said
notice shall become an order to abate the sign or perform the maintenance
or repair specified therein. If said order is not complied with within
15 days, the Code Enforcement Officer is authorized to pursue the
remedies contained in the enforcement section of this chapter.
A.
All appeals from a ruling or determination of the Code Enforcement
Officer made hereunder shall be taken to the Zoning Board of Appeals.
All decisions made in accordance with the provisions of this chapter
shall be filed in the office of the Building Department.
B.
Every request for a variance from the provisions hereof on the ground
that the strict application of this chapter shall work an injustice
by reason of practical difficulty shall be taken before the Zoning
Board of Appeals.
C.
The term of a variance from the provisions of this chapter shall
be limited to no more than 10 years. Applications for renewal of a
variance shall be supported by the same quantum of evidence required
for the initial grant. There shall be no limit to the number of times
a variance may be renewed.
D.
Except as otherwise provided above, the procedure before the Zoning Board of Appeals shall be governed by the applicable provisions of Article XI of Chapter 550 of the Code of the Village of Fairport and the Village Law. Review of determinations made hereunder by the Zoning Board of Appeals shall be governed by Article 78 of the New York Civil Practice Law and Rules and the Village Law. Any such proceeding shall be commenced within 30 days of the filing of the decision sought to be reviewed.
E.
Review
of determinations made hereunder by the Planning Board shall be governed
by Article 78 of the New York Civil Practice Law and Rules and the
Village Law. Any such proceeding shall be commenced within 30 days
of the filing of the decision sought to be reviewed.
F.
Abandonment of variance. If a sign for which a variance has been
granted hereunder is not erected within one year from the date of
the variance, or if a sign for which a variance has been granted hereunder
is removed for a continuous period of one year, the variance for said
sign shall be deemed abandoned and of no effect.
A.
Enforcement and penalties.
(1)
It shall be the duty of the Code Enforcement Officer or his delegate
to administer and enforce the provisions of this chapter.
(2)
When violations of this chapter occur, the Code Enforcement Officer
shall cause notice to be given to the owner or occupant of the premises
on which the sign is located, or to the agent of either, or to any
person receiving the benefits from the violating sign. Said notice
may be given by first-class mail, or by the personal delivery of a
notice of violation. If any of said persons fail to address said violation
within five days after such notice, said persons shall be subject
to a civil penalty of $250 for each and every day that said violation
continues, recoverable by suit brought by the Code Enforcement Officer
in the name of the Village of Fairport and the people of the State
of New York. Said suit may be brought in any court of competent jurisdiction,
including, but not limited to, the Fairport Village Court, or the
New York State Supreme Court.
(3)
The Code Enforcement Officer or authorized representative may serve
a written stop-work order upon the applicant or other person who commits
or assists in any such violation requiring the correction of any violation
of this chapter.
(4)
The Code Enforcement Officer, on behalf of the Village of Fairport,
may maintain an action for an injunction to enjoin violations of this
chapter.
(5)
Any person violating any provisions of this chapter or of any notice
or order issued hereunder shall, upon conviction, be subject to a
fine not exceeding $250 or by imprisonment for not more than 15 days,
or both, for each violation. Each day that a violation continues shall
constitute a separate offense punishable by the foregoing fine. The
Code Enforcement Officer is hereby empowered to issue appearance tickets
for violations of this chapter. A digital camera photograph with time
and date stamp showing a sign displayed or maintained out of doors
at a time other than permitted shall be prima facie evidence of a
violation of that section.
(6)
A permit issued pursuant to this chapter may be revoked by the Code
Enforcement Officer if it appears that the sign erected pursuant to
the permit no longer conforms to the provisions of this chapter.
(7)
The remedies provided herein shall be cumulative and shall be in
addition to any other remedies provided by law.
B.
Fees. All fees associated with this chapter shall be established
and maintained by the Village Board and made a part of the Village's
fee schedule.
A.
All signs for which a valid sign permit exists prior to the date
on which the Village Board enacts this chapter shall be allowed to
continue as pre-existing nonconforming signs, provided no changes
are made to said signs.
B.
Signs without a valid sign permit that comply with the provisions
of this chapter shall be brought into conformity by obtaining a valid
sign permit pursuant to the provisions of this chapter.
C.
Signs without a valid sign permit that do not comply with the provisions
of this chapter shall be removed within one year of the date on which
the Village Board enacts this chapter.
D.
Alteration or abandonment of nonconforming signs. Any sign for which
a valid sign permit does not exist on the date on which the Village
Board enacts this chapter shall be considered nonconforming. Nonconforming
signs shall not be altered, rebuilt, enlarged, extended or relocated,
unless such action changes a nonconforming sign to a conforming sign
pursuant to a valid sign permit. The failure to keep any such nonconforming
sign in good repair shall constitute abandonment of the sign. An abandoned
sign shall not be reused and shall be removed by or at the expense
of the property owner within 30 days of a demand from the Code Enforcement
Officer.
The provisions of this chapter shall not be construed as relieving
or limiting in any way the responsibility or liability of any person,
firm, or corporation erecting or owning any sign from personal injury
or property damage resulting from said sign, or resulting from the
negligence or willful acts of such person, firm, or corporation, or
his or its agents, employees, contractors, workmen, in the construction,
maintenance, repair, or removal of any sign erected in the Village
of Fairport. The provisions of this chapter shall not be construed
as imposing upon the Village of Fairport or its officers, employees
or any board thereof any responsibility or liability by reason of
the approval of any signs, materials or devices under the provisions
of this chapter.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, and general welfare. Whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive or that imposing the higher standard shall govern.
A.
Only external lighting of signs shall be allowed. Internally lit,
self-illuminated, backlit, or signs which have halo style lighting
are prohibited.
B.
No sign in a residential district shall be illuminated.
C.
If exterior sign lighting is provided, it shall be arranged to reflect
away from surrounding properties and away from public ways.
D.
The intensity of the light source shall not exceed that necessary
to illuminate and make legible a sign from the public ways.
E.
Neon, fluorescent or similar type lighting is prohibited.
F.
Flashing lights are prohibited.
