Village of Shortsville, NY Sign Regulations

The name, address, and contact information of the applicant;

The location of the building, structure, or site on which the sign is to be located;

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; position of any lighting or other extraneous devices; and a location plan showing the position in relation to nearby buildings or structures and to any private or public street or highway;

Written consent of the owner or occupant of the building, structure, or site, or their authorized representative, on which the sign is to be erected; and

A copy of any required electrical or building permit, or a copy of an application for said permit.

Permit required for alteration. A sign initially approved for which a permit has been issued shall not be modified, relocated, altered, or replaced, nor shall design elements of any building or lot upon which such sign is maintained be modified, relocated, altered, or replaced if any such design element constituted a basis for approval of such sign unless an amended or new permit is obtained consistent with these regulations.

Specific situations requiring a sign permit. The following specific situations shall require a sign permit:

The installation of a new sign.

Any changes to the face of a sign.

Modifications that involve moving or enlarging a sign.

Specific situations not requiring a sign permit. The following specific situations shall not require a sign permit:

The repainting, repairing, changing of parts and preventive maintenance of signs.

Any changes in the message on a changeable copy sign.

Repainting of supports and sign area provided no change in sign message.

Expiration of sign permit. Any sign permit shall expire if the sign for which the permit has been issued is not fully constructed and/or installed on the premises within 180 days from the date of issuance of the permit. Said permit may be renewed for an additional 180-day period upon resubmittal of said sign application.

Lapse of sign permit. A sign permit shall lapse automatically if the zoning permit for the premises lapses, is revoked, or is not renewed. A sign permit shall also lapse if the activity on the premises for which the sign permit was issued is discontinued for a period of 180 days or more.

§ 95-52.3 Regulations applicable to all signs.

The following regulations are applicable to all signs within the Village of Shortsville unless specifically stated otherwise within this section:

Traffic safety. All signs shall be designed, constructed, and located in accordance with the following criteria:

No sign shall be erected at or near any intersection of any streets, or alleys, or any railway and any street, in such a manner as to obstruct free and clear vision.

No sign shall be of a shape or color that may be confused with any authorized traffic control device.

No rotating beam, beacon, or flashing illumination shall be used in connection with any sign display.

Design and construction. All signs shall be designed and constructed in accordance with the following criteria:

Except for banners, flags, and temporary signs and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent, weather-resistant, and durable materials.

All permanent signs shall be supported by sign structures that are designed to resist wind pressures, dead loads, and lateral loads in accordance with the appropriate provisions of Building Code. All sign supports shall be reviewed as part of the sign design.

All sign lettering shall be permanently affixed to the sign. Manual changeable copy signs shall be enclosed and locked. Electronic changeable copy signs are subject to the regulations set forth in § 95-52.11.

Sign color should complement the building and/or storefront colors. A maximum of three colors, one for the background, one for lettering, and one for accents and highlights, is recommended. Subdued, rather than garish or florescent, colors are encouraged.

Location. All signs shall be located in accordance with the following standards:

Signs shall not be erected within nor project into any public right-of-way, unless otherwise specified within this chapter. Signs must be located on private property with the permission of the property owner and comply with the dimension and setback requirements contained in the Table of Sign Regulations (§ 95-52.12).

The Code Enforcement Officer may without notice effect removal of any sign illegally placed in any right-of-way within the Village. The Code Enforcement Officer shall hold said sign for five days; if the owner fails to claim the sign within this time, said sign may be disposed of at the discretion of the Code Enforcement Officer.

Off-premises signs are prohibited. All permanent signs shall be located on the site being promoted, identified or advertised.

No sign shall cover any part of any window unless specifically permitted under this chapter. No sign shall cover any door or hinder or prevent free ingress to or free egress from any door, window, fire escape, or other required exit way.

Altering or covering of architectural details is prohibited. No sign shall cover or cause the removal of architectural details to a building facade including, but not limited to, arches, sills, moldings, cornices, and transom windows.

(6)

Signs projecting over walkways or sidewalks where permitted must have a minimum clearance between the bottom of the sign and the ground of eight feet.

Illumination. All signs shall be in accordance with the following standards:

Light sources for illuminated signs shall not be of such brightness as to constitute a hazard to pedestrians or motorists and shall be shielded so as not to cast an illumination on contiguous properties more than 0.1 footcandle.

All light fixtures and wiring shall comply with National Electric Code. Electrified signs shall bear an approved testing laboratory label and all electrical connections shall be approved by an approved inspection agency. All transformers, wires, and similar items shall be concealed and properly protected from the elements. In the case of freestanding signs, all wiring shall be placed underground.

No sign shall contain any actively moving parts. Intermittent illumination, or illumination which involves flashing, blinking, or causes the illusion of movement resulting from the arrangement of lighting, is prohibited, except as regulated for electronic changeable copy signs (§ 95-52.11).

Maintenance and repair. All signs shall be maintained in safe and good structural condition, in compliance with all applicable building and electrical codes, and in conformance with this chapter at all times. Such maintenance includes replacement of all defective bulbs, parts, materials, painting, repainting, cleaning, and other acts required for maintenance of such sign. If any sign does not comply with the above maintenance and repair standards, the Code Enforcement Officer shall require its repair and/or removal.

Protection of property. Signs shall not be posted in any manner destructive to public property. Signs shall also not be attached or otherwise applied to trees, light poles, utility poles, transit shelters, benches, trash receptacles, news racks, or existing traffic control signs.

Obsolete signs. Any sign that no longer advertises or identifies the use of the property must be removed within 30 days after written notification from the Code Enforcement Officer.

Failure to comply.

If any sign is installed, erected, constructed, maintained, or becomes obsolete in violation of any provision of this article, except for nonconforming signs in compliance with § 95-52.10, the Code Enforcement Officer shall notify the owner or user thereof to comply with the provisions of this article by certified mail.

If the owner or user fails to comply with such notice within 10 days, and the owner has not requested an opinion as to the existence of the violation from the Board of Zoning Appeals, the Code Enforcement Officer shall cause the sign or such portion thereof that is in violation of this article to be taken down.

The owner or user of the sign and/or the owner of the property on which the sign is located shall be responsible for any expenses incurred by the Village in the removal process. The Village Board shall ascertain the cost of such removal, and such cost shall be charged and assessed against the owner, tenant or occupant of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.

§ 95-52.4 Measurement.

Sign area.

The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or geometric combination thereof that will encompass the extreme limits of the writing, representation, emblem, and/or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.

In the case of a multifaced sign, only one side of the sign is considered in determining sign area if the following apply:

(a)

The sign has no more than two sides;

(b)

The message is identical on both sides; and

(c)

The sides of the sign are back-to-back or diverge at an angle of less than 45°.

The supporting structure or bracing of a sign shall not be computed as part of the sign area, unless such supporting structure or bracing is made a part of the sign's message by including a symbol, logo, or other three-dimensional figure. If such is the case, a combination of regular geometric shapes which can encompass the area of said symbol or figure shall be included as part of the total sign area computation.

For a sign comprised on individual letters, figures, or elements mounted on a wall or wall extension, the area of such sign shall be calculated by determining the smallest geometric form or combination of forms that comprise all the display area, including the space between the elements.

Lighting elements shall be included in determining the total permitted square footage, or area, of a sign.

Sign height.

The height of a freestanding sign shall be calculated by measuring the vertical distance between the top part of such sign or its structure, whichever is highest, to the elevation of the ground directly beneath the center of the sign. The elevation of the ground directly beneath the center of the sign shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

The height of an awning, canopy, projecting, wall, or window sign shall be determined by measuring the vertical distance between the top part of a sign panel or individual letter or character, whichever is highest, to the elevation of the ground underneath such sign.

Any material whose major function is to provide structural support for a sign shall be considered part of the sign for purposes of determining sign height.

Frontage.

The term "frontage" as used in calculating freestanding signs shall refer to the dimension of the lot along the street.

The term "frontage" as used in calculating wall signs shall refer to the building wall dimension facing the street or parking lot.

If a use or structure contains walls facing more than one frontage, the number of signs and sign areas will be computed separately for each side of the building facing a different frontage.

For uses or structures having no direct frontage on public roads, as within shopping centers, frontage shall be counted as the intersection of the building line onto adjacent drives or parking areas.

§ 95-52.5 Signs authorized without a permit.

The following types of signs may be erected in the Village without obtaining a permit from the Code Enforcement Officer. Although permits are not required for these signs, the signs shall conform to the height, setback, and size requirements detailed in this chapter:

Banners or pennants. Such signs shall not require a permit only if all the following conditions are satisfied:

There shall be no more than one banner per enterprise at one time;

It shall be displayed for no more than 30 days;

It shall not have a total face area in excess of 100 square feet nor a height of more than four feet;

It shall not extend above the first-floor facade of the building or project beyond property lines;

It shall not be illuminated; and

(6)

It must not be placed in such a manner as to impede pedestrian traffic.

Construction or home improvement signs. No permit shall be required for temporary construction or home improvement signs should the following conditions be met:

A maximum of one sign is installed and located within the limits of the construction site;

The sign area does not exceed six square feet in residential districts, or 12 square feet in all other districts; and

The sign shall be displayed for no more than 30 days.

Decorations. Temporary displays of patriotic, religious, charitable, or civic character with no commercial message, including holiday lights and decorations that are erected for customary periods of time.

Directional signs. Signs that provide direction and are located entirely on the property to which they pertain and do not advertise a business and do not exceed four square feet in area. Directional signs include signs identifying public rest rooms, public telephones, walkways or signs providing direction, such as parking lot entrance and exit signs, and those of a similar nature. Such directional signs shall be allowed within the street setbacks and side and rear yards in so far as they do not obstruct free and clear vision to traffic.

Drive-through signs. Businesses with drive-through facilities may have one sign not exceeding 24 square feet for each drive-through lane provided such signs are oriented solely for the use of patrons utilizing the drive-through lane and are not intended to be visible from adjacent property or the right-of-way. If the drive-through lane or facility is removed or not operating for a period exceeding 60 days, the sign must be removed.

Flags. The flags, emblems or insignia of any nation, political subdivision, including those of commercial and noncommercial interest. Flagpoles shall be subject to the height restrictions imposed by each respective zoning district. Commercial flags shall be limited to one per lot.

Gasoline station price signs. Signs not exceeding three square feet advertising the price of gasoline and indicating self-service or full-service, when attached to a gasoline pump or pump service island.

Governmental signs. Any official sign, public notice, or warning sign supported by federal, state or local law, including but not limited to signs erected and maintained pursuant to and in discharge of any government functions. (Example: New York State inspection station or authorized repair shop identification). There are no size requirements for governmental signs.

Historical signs. Signs that are in the nature of cornerstones, commemorative tablets, and historical signs, provided that such signs are less than nine square feet and not illuminated.

Home occupation signs. One sign for each legally established home occupation, not to exceed three square feet in area.

House numbers and nameplates. Address and/or name of occupant of premises for a residential structure, not including designations as to employment or home occupation, are to be limited in size to three square feet per dwelling unit.

Incidental signs. Such signs shall have an aggregate area not to exceed three square feet at each entrance and shall be attached to a permanent structure.

Internal signs. Any sign within a building not legible from the right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as athletic field, where sign is not legible beyond the property lines.

Limited signs. Signs and notices advertising an open house, sale, or event displayed for no more than 30 days. These signs must be placed on the property where the open house, sale, or event is being held.

Noncommercial signs. Any lot shall be allowed up to two signs of any type containing solely noncommercial messages provided said signs are in conformance with the size, height, setback, and illumination regulations set forth within the Table of Sign Regulations (§ 95-52.12; Table 52-1) for each applicable sign type.

Political and campaign signs. Political and campaign signs on behalf of candidates for public office or measures on election ballots are permitted without permit under the following conditions:

Up to two signs of any type per lot in conformance with the size, height, setback, and illumination regulations set forth within the Table of Sign Regulations (§ 95-52.12; Table 52-1) for each applicable sign type;

Said signs are not placed more than 30 days in advance of said election or ballot; and

Said signs are removed upon closing of the applicable election or ballot.

Portable signs. One nonilluminated, two-sided portable sign not to exceed 16 square feet in size and five feet in height in the following situations:

New businesses awaiting the erection of a permanent sign, not to exceed a period of 30 days.

A business that has lost the use of an existing sign by reason of fire or other catastrophe, not to exceed a period of 30 days.

All portable signs must be placed at least 10 feet from all property lines.

Real estate signs. Up to two signs on any lot or parcel, provided that such sign is located entirely within the property to which the sign applies is in conformance with the size, height, setback, and illumination regulations set forth within the Table of Sign Regulations (§ 95-52.12; Table 52-1) for each applicable sign type.

Sandwich board signs or "A-frame" signs. One sandwich board sign is permitted for each business. Said sign cannot exceed six square feet in area. Said sign must be removed at the close of each business day. Said sign must comply with all applicable provisions this chapter. A sandwich board sign shall not require a sign permit if the following conditions are met.

Sign cannot be more than three feet in height and three feet in width.

Sign shall not be illuminated.

Sign shall be displayed only during business hours.

Businesses located within the Village Center Zoning District, which under normal circumstances would be prohibited from erecting a sandwich board due to the lack of ownership of sufficient frontage, may place a sandwich-board sign within the public right-of-way during business hours. Said sign shall be erected in such a place and in such a fashion as to make it as unobtrusive as possible for pedestrian traffic. The Village shall retain the right to request movement of the sign if it determines that the sign was not erected in such a fashion and that a different placement would provide less obstruction to pedestrian traffic.

Temporary signs for noncommercial events or programming. Temporary signs in accordance with § 95-52.9 of this article shall be permitted for use by noncommercial groups or organizations for the promotion of their events or programming. This may include, but is not limited to, religious institution events, nonprofit fundraisers, etc.

Works of art. Works of art that do not include a commercial message, logo, or trademark and do not contain any property identification message.

§ 95-52.6 Permitted signs.

The Table of Sign Regulations, located in § 95-52.12, lists the requirements for different types of permitted signs that might be proposed for installation in the Village. The Table addresses each type of sign by zoning category, listing whether each sign type is permitted in each zone, the number of signs permitted per site, and the allowable size, height, setbacks, and lighting regulations.

§ 95-52.7 Prohibited signs.

The following types of signs are prohibited:

Signs for which a permit is required, but no permit was issued or the permit was revoked;

Obsolete signs or signs that are not properly maintained, considered structurally unsound, hazardous or otherwise unsafe;

Signs that contain words or pictures of an obscene or pornographic nature;

Signs that emit audible sounds, odor, or visible matter;

Signs that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle; or bear one of more of the words "stop," "go slow," "caution," "danger," "warning" or other similar words; or hide from view any traffic or street sign, signal or device;

Signs that interfere with official traffic lights or traffic control devices;

Flashing, rotating, revolving signs/lights;

Signs with unshielded lighting devices or reflectors placed to outline or provide the background of a sign;

Cabinet signs, or any such sign that is internally illuminated;

Animated signs or signs utilizing full motion or video technology;

Signs with mirrors;

Permanent banner, pennant, windblown or inflated signs. These may be permitted as a temporary sign for a total of 30 days;

Portable signs attached to or placed on an unregistered vehicle parked on private property for the primary purpose of being viewed by motorists within the right-of-way;

Pennants not affixed to the face of a building;

Signs placed on a curb, sidewalk, hydrant, utility pole, trees or other objects located on or over any street or within the public right-of-way unless otherwise permitted;

Signs, banners, or pennants mounted on or extending above the roof of any building or structure;

Signs painted directly on an exterior wall; and

Freestanding signs supported by a single or multiple poles or posts with more than 30 inches clearance from the bottom of the sign to the ground below, commonly referred to as pole signs.

§ 95-52.8 Specific provisions by zoning district.

See the "Table of Sign Regulations" in § 95-52.12 for sign allowances.

Residential districts.

Signs advertising use for public, quasipublic, nonprofit, religious institution, educational institutions, hospital or other similar uses, shall be located on the same premises as the use.

One freestanding sign not exceeding 16 square feet in area and five feet in height is allowable by permit at the entrance of a subdivision or residential development provided it is not internally illuminated and has a minimum setback from the public right-of-way of 10 feet. The sign may be installed after approval of the Planning Board of the final subdivision plat or when a valid building permit has been issued. If a building permit is not issued or construction does not begin within 12 months of Planning Board approval, said sign must be removed.

All other uses are allowed two signs by permit in accordance with § 95-52.12, Table of Sign Regulations.

The use of electronic changeable copy for a sign or any part thereof in residential districts is strictly prohibited.

Nonresidential districts.

Two signs per use are permitted for a single business or industry. Where contiguous businesses or industries are located on a single lot, such as, but not limited to, industrial centers, or business parks, each business or industry shall be permitted two signs and a single freestanding sign may be permitted for the lot.

Where groups of two or more contiguous stores are located together, one sign per use shall be permitted in addition to one freestanding sign for the mall or plaza.

Signs within the Village Center District shall be permitted at the rate of two per use.

Window and door signs shall not be included in the total sign count for a building or use, provided they meet the standards listed in § 95-52.12.

§ 95-52.9 Temporary sign regulations.

Temporary signs shall be permitted without a sign permit provided they are in conformance with all other applicable regulations of this article, including:

Term. A temporary sign may be placed upon a property or structure for no more than 30 days in any ninety-day period.

Number. Only one temporary sign is permitted per lot or structure at any given time.

Illumination. Interior illumination of temporary signs is prohibited. Signs requiring exterior illumination or electricity shall conform to the regulations of § 95-52.3D of this chapter, and those within the Table of Sign Regulations (§ 95-52.12; Table 52-1).

Size, height, clearance, and setback requirements. Temporary sign area, height, and setback requirements shall follow the same regulations set forth for any permanent sign of similar type or configuration within the applicable zoning district. See Table of Sign Regulations (§ 95-52.12; Table 52-1).

§ 95-52.10 Nonconforming signs.

Permitted nonconforming signs. Any sign erected prior to the adoption of this chapter that does not conform to the provisions of this article is permitted to remain as a nonconforming sign, provided that the sign:

Was erected under an approved sign permit prior to the adoption date of this chapter; and

Advertises an existing business still in operation.

Loss of nonconforming status. A sign characterized as a nonconforming sign shall lose its nonconforming status if:

The sign is altered in any way in structure or size (except for routine maintenance);

The sign is relocated;

The sign is replaced; or

The sign is deemed to be in need of repair or maintenance and is not addressed within 30 days of notice by the Code Enforcement Officer.

§ 95-52.11 Electronic changeable copy sign regulations.

Changeable copy signs, electronic. Properties and buildings in any Industrial District are permitted the use of one electronic changeable copy sign or one sign that contains an electronic changeable copy component, provided such sign meets all of the following criteria:

An electronic changeable copy sign may be located only as part of a monument or freestanding sign that is in compliance with all applicable requirements of the district in which it is located (see the Table of Sign Regulations in § 95-52.12) and other applicable requirements of law.

The area of the display face of electronic changeable copy signs shall not exceed 30 square feet or 50% of the sign surface area of the primary freestanding sign to which it is attached, whichever is less.

All electronic changeable copy signs shall display static messages only with no animation, no effects simulating animation, and no video. The messages shall not dissolve, fade, scroll, travel, flash, spin, revolve, shake or include any other type of movement or motion.

The interval of change of any messages shall occur no less than once every 24 hours.