[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 12-20-2018 by L.L. No. 10-2018.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch.
268, Signs, adopted 11-17-1986 by L.L. No. 7-1986 (Ch. 57 of the 1971
Code), as amended.
The intent of this chapter is to promote and protect the public
health, welfare and safety of the inhabitants of the Village by regulating
existing and proposed outdoor advertising, outdoor advertising signs
and outdoor signs of all types and to thereby protect property values,
create a more attractive economic and business climate, enhance and
protect the physical appearance of the community, preserve the scenic
and natural beauty of designated areas and provide a more enjoyable
and pleasing community. It is further intended to reduce sign or advertising
distractions and obstructions that may contribute to traffic accidents,
reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way, provide more open space and curb the deterioration
of natural beauty and community environment.
As used in this chapter, the following terms shall have the
meanings indicated:
Also known as a sandwich board, blackboard, or footway signage,
means any portable, self-supporting sign with a maximum width of 24
inches and a maximum standing height of 48 inches.
A-FRAME SIGN AREA: The total area of both sides of the sign
from the top to the bottom. No more than 48 inches tall when standing
open. A single face of an A-frame sign shall not be larger than eight
square feet.
Any portion of a sign or attachments to a sign that move
by electronic, mechanical or natural means, including, by way of illustration
and not limitation, rotating signs, wind signs and signs where movement
is simulated by illumination devices, such as from flashing and intermittent
light, as opposed to light of a constant intensity. (See also "electronic
message sign" and "electronic display screen.")
Any sign which shall be attached and parallel to the exterior
face of any building or structure or part thereof and which shall
project no more than 12 inches from such face..
ATTACHED SIGN AREA: The entire area within a single, continuous
perimeter enclosing the extreme limits of writing, representation,
emblem or any figure or similar character, as included within the
definition of a sign, together with any frame or other material or
color forming an integral part of the display or used to differentiate
such sign from the background against which it is placed.
Any lettering or graphic display located on the front or
side of any awning or canopy projecting from the face of a building
or structure or part thereof.
See "halo lit."
The lowest point of a roof or roof projection.
A mode of message transition on electronic message signs
accompanied by varying the light intensity or pattern, where the first
message gradually appears to dissipate and lose legibility simultaneously
with the gradual appearance and legibility of the second message.
A device designed to display changeable text or imagery on
a video screen or comparable surface, installed within a permanent
sign structure occupying a portion of or the entire allotment of sign
area as allowed in this Code.
Any sign or portion of a sign that uses an electronic display
screen or changing lights to form a message or messages in text, symbols
or figures form, wherein the sequence of messages and the rate of
change is electronically or mechanically programmed and can be changed
by electronic or mechanical processes, by remote or automatic means.
Static sign for the pricing of fuel at permitted refueling
stations, which allow for the periodic updates for the current price
of fuel. No other messages shall be allowed on these signs.
A mode of message transition on electronic message signs
accompanied by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
A unit of incident light (on a surface) stated in lumens
per square foot and measurable with an illuminance meter, aka footcandle
or light meter. One footcandle is equal to one lumen per square foot.
Any sign which shall not be attached to any building or structure
and which is self-supported by being anchored permanently to the ground
by one or more members.
FREESTANDING SIGN AREA: Exclusive of the foundation within one
foot (12 inches) from grade, the entire structure related to the sign
shall be calculated in the square footage of the sign. The total area
of all faces of signs designed to be viewed from more than one direction
shall be computed and considered as one area. This is to include all
uprights, decorations, trim, mouldings, frames, roof, etc.
Halo-lit letters also known as reverse channel or backlit
letters, consist of opaque aluminum faces and sides (returns) mounted
onto standoffs away from the wall which project illumination to the
wall surface giving the sign a halo effect.
|
An Example of a Halo Lit Sign:
 |
A sign illuminated by artificial light.
A light source which is not directly visible, and which is
used to illuminate a sign.
Any sign located indoors, designed to be visible from outside
the business and not temporary in nature.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, but not including
graphics in connection with customary window display of products or
services rendered on the premises.
Any sign which shall project more than 12 inches from the
face of any building or structure or part thereof.
PROJECTING SIGN AREA: Exclusive of the arm/bracket which holds
the sign, the entire area of the sign panel; including borders and/or
mouldings and/or frames that make up the sign. Such arm or frame shall
not include any writing, emblem, characters, or symbols and shall
be approved by the Architectural Review Board.
See "halo lit."
Any structure or part thereof or any device, including but
not limited to frames which shall display or include any letter, word,
symbol, light, model, banner, flag, pennant, insignia, device or representation
used as, or which is in the nature of, an announcement, direction
or advertisement designed to attract the attention of the public,
which shall be located out-of-doors or on any building or structure
or vehicle parked on public or private property for the purpose of
such advertising, including window signs visible from the exterior,
illuminated signs, billboards, sign boards, painted wall signs, projecting
signs, freestanding signs and signs painted or used to advertise or
promote the interest of any person or business, excluding permanently
attached lettering on a commercial vehicle associated with normal
business activity. A sign does not include the flag, pennant or insignia
of any nation or group of nations or any state, city or other governmental
unit.
Sign Area shall be defined as follows:
A-FRAME SIGN AREA: The total area of both sides of the sign
from the top to the bottom. No more than 48 inches tall when standing
open. A single face of an A-frame sign shall not be larger than eight
square feet.
ATTACHED SIGN AREA: The entire area within a single, continuous
perimeter enclosing the extreme limits of writing, representation,
emblem or any figure or similar character, as included within the
definition of a sign, together with any frame or other material or
color forming an integral part of the display or used to differentiate
such sign from the background against which it is placed.
FREESTANDING SIGN AREA: Exclusive of the foundation within one
foot (12 inches) from grade, the entire structure related to the sign
shall be calculated in the square footage of the sign. The total area
of all faces of signs designed to be viewed from more than one direction
shall be computed and considered as one area. This is to include all
uprights, decorations, trim, mouldings, frames, roof, etc.
PROJECTING SIGN AREA: Exclusive of the arm/bracket which holds
the sign, the entire area of the sign panel; including borders and/or
mouldings and/or frames that make up the sign. Such arm or frame shall
not include any writing, emblem, characters or symbols and shall be
approved by the Architectural Review Board.
TEMPORARY SIGN AREA: The total area of all faces of signs designed
to be viewed from more than one direction shall be computed and considered
as one area.
A sign that is not permanently anchored or secured to a building
and not having supports or braces permanently secured in the ground
- excluding A-frame signs.
TEMPORARY SIGN AREA: The total area of all faces of signs designed
to be viewed from more than one direction shall be computed and considered
as one area.
A sign of a temporary nature, which is visible from a sidewalk,
street or other public place; which is lettered, drawn, printed or
affixed on paper or other material; and which is placed on a window.
Such sign is intended to be removed after such period of time as set
forth in this chapter.
The entire glazed area of a window, including the window
frame.
The regulations contained in this section shall apply to all
signs in all use districts in the Village. No sign shall be erected,
maintained or altered in any district except in conformity with the
provisions of this section.
A.
Prohibitions.
(1)
Any illuminated sign or lighting device shall employ only lights
emitting a light of constant intensity, and no sign shall be illuminated
by or contain flashing, intermittent, rotating, animation, or moving
light or lights. In no event shall an illuminated or lighting device
so be placed or directed so as to permit the beams and illumination
therefrom to be directed or beamed upon a public street, highway,
sidewalk or adjacent premises so as to cause glare or reflection that
may constitute a traffic hazard or nuisance.
(2)
No signs shall be placed on the roof or roof structure of any building,
except that aviation directional signs, painted on the surface of
a roof, will be allowed if they comply with federal and state regulations.
(4)
No banners, poster, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices, as well as strings of lights, shall be used for a sign or for the purposes of advertising or attracting attention when not part of a sign, except as provided under Subsection E.
(5)
No signs or banners shall be attached to any vehicle with the exception
of permanent lettering on commercial vehicles.
B.
Signs permitted in all districts without a sign permit. The following
signs are permitted in any district without a sign permit:
(1)
All signs located inside an enclosed shopping center or mall.
(2)
Signs advertising that the premises upon which the sign is located
is for sale, lease or rental, which sign shall not be illuminated
and shall not be located between the sidewalk and the street, nor
nearer than three feet from the nearest boundary of the street or
any lot line. Such sign shall not exceed six square feet in area and
shall be removed within 48 hours of the closing sale or rental of
the property. Signs with two sides displayed will have square footage
limitations calculated from one side only.
(3)
One attached or freestanding sign denoting the name and occupation
or profession of the occupant, which sign shall not exceed four square
feet in area.
(4)
One temporary attached or freestanding, nonilluminated sign denoting
the name of the architect, engineer and/or contractor and placed on
premises where construction, repair .or renovation is in progress,
which signs shall not exceed 16 square feet in area.
(5)
Signs or bulletin boards customarily incident to places of worship,
libraries, museums, social clubs or societies, which signs or bulletin
boards shall not exceed 12 square feet per side (a maximum of 24 square
feet for all sides) and shall be located on the premises of such institutions.
Area shall be calculated by sign type, i.e., freestanding or attached.
(6)
Two temporary freestanding signs advertising real property for sale,
each not exceeding six square feet in area, bearing a legend, such
as "Open" or "Open House," at locations other than the premises to
which the signs relate, provided that such signs shall not be placed
before 7:00 a.m. nor maintained after 9:00 p.m. on the date that such
premises are open for inspection.
C.
Signs permitted in all districts with a sign permit. The following
signs are permitted in any district but require a sign permit as provided
in this section:
(1)
Any sign advertising a real estate development or subdivision permitted
in the district where located by this chapter shall not exceed 12
square feet per side in area and shall advertise only the name, owner
and real estate broker of the development.
(2)
No more than two signs per curb solely for the purposes of traffic
control on private property; such signs may be illuminated or nonilluminated,
shall not exceed two square feet in area and shall be placed so as
not to constitute a safety hazard.
D.
Signs permitted in nonresidential districts with a sign permit. In
the Business 1, Business 2, Commercial, and Industrial Zoning Districts
the following signs are permitted but require a sign permit as provided
in this section:
(1)
One freestanding sign which advertises only the name(s) of the owner(s)
or occupant(s), trade name(s), trademark(s), product(s) sold or the
business(es) or activities conducted on the property whereon such
sign is located. Such sign shall be set back at least four feet from
the right-of-way line of a public highway or street; however, in no
event shall any part of any sign extend over a sidewalk. The sign
shall not exceed 12 square feet in area on any side nor be more than
15 feet above ground level. The total area of all faces of a sign
designed to be viewed from more than one direction shall not exceed
24 square feet.
(2)
One sign attached to or applied on each building or portion thereof,
which sign shall not exceed 20% of the square footage of the front
face or portion of the building occupied by the business. In the event
that a sign is painted or applied to the front or face of a building,
the area of the sign shall be taken as the area required to circumscribe
all letters and devices. In the event that more than one business
is located in the same building, each business may have one attached
or applied sign. However, the total of all signs may not exceed 20%
of the square footage of the front face of the building, or a single
projecting sign may not exceed an area of 24 square feet (12 square
feet per side).
(4)
Interior signs which are permanent in nature.
(5)
Window signs which are permanent in nature.
(6)
In the event that a business has a back door or secondary entrance
used by customers or for deliveries, one additional sign for identification
of the entrance will be allowed. This sign must be an attached sign
and may not exceed 12 square feet.
E.
Temporary signs permitted.
(1)
In all districts, all signs of a temporary nature, such as political
signs or posters, banners, promotional devices and other signs of
a similar nature, may be erected for a period not to exceed 30 days,
provided that such signs are not attached to vehicles, trailers, fences,
trees, utility poles or the like, and further provided that such signs
are placed at least 10 feet from roadway, are not placed in roadway
rights-of-way, are not placed on any Village-owned property, and/or
in a position that will obstruct or impair vision or traffic or in
any manner create a hazard or disturbance to the health and welfare
of the general public. The Village Code Enforcement Officer shall
be empowered to remove any sign that falls under this category which
does not meet the requirements above stated or has remained erected
for a period in excess of 30 days or more than three days following
event; and the cost of removal shall be borne by the owner of the
property on which the sign was placed and/or the person(s) responsible
for posting such signs. Such signs shall be limited to 16 square feet,
except banners, which shall be limited to 100 square feet. The total
area of all faces of a temporary sign designed to be viewed from more
than one direction shall not exceed 32 square feet. The total area
of all faces of a banner designed to be viewed from more than one
direction shall not exceed 200 square feet.
(2)
Said temporary signs, such as political posters, banners, promotional
devices, and other signs of similar nature calling attention to civic
activities, promotional sales and similar events, shall be limited
to 30 days and shall be removed within three days following the event,
election, or activity advertised.
(3)
Lights may be displayed from Thanksgiving through New Year's Day.
(4)
One A-frame sidewalk sign may be placed in front of its place of
business as long as such sign is not placed in a position that will
obstruct or impair the vision or mobility of pedestrian and vehicular
traffic. Such signs shall be limited to a total of 16 square feet
when calculating both sides. A single face of an A-frame sign shall
not be larger than eight square feet. Such signs shall be removed
during the hours the business is closed and removed during snow events
to allow for sidewalk clearing. Such signs shall not be attached to
utility poles, traffic sign poles, or buildings. A-frame signs shall
not be placed between the sidewalk and street; such signs within the
Four Corners, Baldwin Canal Square, and East Genesee Business Overlay
Districts, shall comply with those overlay district codes, which require
encroachment permits.
F.
Electronic Message Signs; LED Message Signs:
(1)
Electronic message sign.
(a)
Specific requirements:
[1]
Permitted zones or uses. Electronic message signs shall be permitted
for nonresidential use only in the B-1, B-2, Commercial and Industrial
Zoning Districts as shown on the Village's Zoning Map as defined in
the Zoning Code; and by churches and schools in all other zoning districts.
[2]
Information displayed on electronic message signs shall be related
to the property on which the sign is installed. Information not pertaining
to the property on which the sign is located would constitute an off-site
sign.
[a]
Exception. Municipal or emergency information displayed at the direction
of the Mayor.
[3]
Electronic message signs are prohibited in the Baldwin Canal
Square, Four Corners, and East Genesee Street Business Overlay Districts.
[a]
Exception: Static fuel pricing signs will be allowed only at refueling
stations.
[4]
Only one electronic message sign per site/parcel allowed.
[5]
Electronic message signs are allowed only as freestanding signs
and not as wall, projecting, roof, awning, marquee or canopy signs.
[6]
Minimum hold time of any message shall be 10 seconds.
[7]
Electronic message signs shall have static display with "fade"
or "dissolve" transitions, or similar subtle transitions and frame
effects that do not have the appearance of scrolling or moving text
or images, and which may otherwise not have movement, or the appearance
of optical illusion of movement, of any part of the sign structure,
design, or pictorial segment of the sign, including the movement of
any illumination or the flashing, scintillating or varying of light
intensity.
[8]
All electronic message signs shall have automatic dimming controls,
either by photocell (hardwired) or via software settings to maintain
the following lighting level.
[a]
The brightness of an electronic sign shall not
exceed 0.3 footcandles above ambient light, as measured using a footcandle
meter at predetermined distance.
[b]
Measurements should be taken perpendicular to the
face.
[c]
Measurement distance criteria:
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Face Size
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Measurement Distance
|
|---|---|
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12 square feet
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35 feet perpendicular to sign face
|
[9]
Operation of electronic message signs between the hours of 9:00
p.m. and 6:00 a.m. is prohibited.
[10]
Animation, flashing and video are prohibited.
[11]
Audio and/or sound-producing devices are prohibited.
(2)
Electronic message board sign area:
(a)
Electronic message signs shall not exceed 12 square feet per
face/side, up to a total of 24 square feet when calculating all faces.
Where a variance has been granted for a larger sign than allowed by
code, the portion of the sign containing an electronic message board
shall not exceed 12 square feet per face/side, up to a total of 24
square feet when calculating all faces.
G.
Lighting of signs.
A.
General. Except as otherwise provided in this chapter, no person
shall erect any sign without first obtaining a sign permit from the
Village Code Enforcement Officer.
B.
Application for sign permit; indemnification.
(1)
Application for a sign permit shall be made in writing, in duplicate,
upon forms prescribed and provided by the Code Enforcement Officer,
to the Code Enforcement Officer and shall contain the following information:
(a)
The name, address and telephone number of the applicant.
(b)
The location of the building, structure or land to which or
upon which the sign is to be erected.
(c)
A detailed drawing or blueprint showing a description of the
construction details of the sign, indicating the dimensions, shape
and the lettering and/or pictorial matter composing the sign; the
position of lighting or other extraneous devices; and a location plan
showing the position of the sign on any building or land and its position
in relation to nearby buildings or structures and to any private or
public street or highway.
(d)
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.
(e)
A copy of any required or necessary electrical permit issued
for said sign or a copy of the application thereof.
(2)
In addition, the applicant and person owning said sign shall be required
to execute a hold-harmless and indemnification agreement relieving
the Village of Baldwinsville from any and all liability which may
arise as a result of the erection of said sign and issuance of said
permit.
C.
Fees to accompany application. No application for a signed permit
shall be valid unless accompanied by a nonrefundable fee to be paid
in an amount set by resolution of the Board of Trustees as same may
be amended from time to time.
D.
Issuance of sign permit. It shall be the duty of the Code Enforcement
Officer, upon the filing of an application for a sign permit, to examine
such plans, specifications and other data submitted to him with the
application and, if necessary, to examine the building or premises
upon which the sign or other advertising structure is proposed to
be erected. If it shall appear that the proposed sign is in compliance
with all the requirements of this chapter and other laws and ordinances,
the Code Enforcement Officer shall, within 15 days of said application,
issue a sign permit for the erection of the proposed sign. If the
sign authorized under any such permit has not been completed within
six months from the date of the issuance of said permit, the permit
shall become null and void, but may be renewed once, within 10 days
from the expiration thereof, for good cause shown upon payment of
an additional fee in an amount set by resolution of the Board of Trustees.
There shall be no fee for permits for permanent window and permanent
interior signs.
E.
Required maintenance of signs. Notwithstanding any provisions to
the contrary contained herein, all signs must be kept clean, neatly
painted and free from all hazards, including but not limited to faulty
wiring and loose fastenings, and must be maintained at all times in
such safe condition so as not to be detrimental to the public health
or safety.
F.
Revocation of sign permit. In the event of a violation of any provisions
of this chapter, the Code Enforcement Officer shall give written notice,
specifying the violation, to the named owner of the sign and the named
owner of the land upon which the sign is erected, sent to the addresses
as stated in the application for the sign permit, to conform or remove
such sign. The sign shall thereupon be made in conformity with this
chapter by the owner of the sign and/or the owner of the land within
30 days from the date of said notice. In the event that such sign
shall not be so conformed within 30 days, the Code Enforcement Officer
shall thereupon revoke the sign permit, and such sign shall be ordered
to be removed, and the applicant, owner of said sign or owner of the
real property upon which said sign is erected shall be responsible
for the costs of said removal.
A.
Obsolete signs. Any sign existing on or after the effective date
of this chapter, which no longer advertises an existing business conducted
or product sold on the premises, shall be removed by the owner of
the premises upon which such sign is located after written notice
as provided herein. The Code Enforcement Officer, upon determining
that any such sign exists, shall notify the owner of the premises
in writing to remove said sign within 30 days from the date of such
notice. Upon failure to comply with such notice within the prescribed
time, the Code Enforcement Officer is hereby authorized to remove
or cause removal of such sign and shall assess all costs and expenses
incurred in the removal against the land or building on which such
sign is located.
B.
Unsafe signs. If the Code Enforcement Officer shall find that any
sign regulated by this chapter is unsafe or is a menace to the public,
he shall give written notice to the named owner of the sign and the
named owner of the land upon which the sign is erected, who shall
remove or repair the sign within five days from the date of this notice.
If the sign is not removed or repaired, the Code Enforcement Officer
shall revoke the sign permit issued for such sign, as herein provided,
and may remove or repair the sign and shall assess all costs and expenses
incurred in the removal or repair against the owner of the land, the
owner of the building or the owner of the business on which such sign
was located. The Code Enforcement Officer may cause any sign which
is a source of immediate peril to persons or property to be removed
summarily and without notice.
A.
Nonconforming signs.
(1)
Notwithstanding any other provision of this chapter, any sign in
existence at the date of adoption of this chapter which does not conform
to the provisions of this chapter shall be discontinued and removed
on or before August 1, 2025, and the failure to discontinue or remove
such nonconforming sign on or before the aforesaid date shall constitute
a violation of the provisions of this chapter. All nonconforming signs
in the Village of Baldwinsville at the time of the adoption of this
chapter may be maintained until August 1, 2025, but if any major change,
modification, structural repair or replacement thereof is hereafter
made, such sign shall thereafter conform to the provisions of this
chapter, provided that a legal nonconforming sign may not be replaced
by another nonconforming sign.
[Amended 7-21-2022 by L.L. No. 9-2022]
(2)
In the event that a business with a nonconforming sign changes hands
and the firm name changes, the signs of the replacement business must
meet the provisions of this chapter.
Any person violating any provisions of this chapter shall be
liable, upon conviction, to a fine not exceeding $250 or imprisonment
for not more than 15 days, or both, for such offense, and each day
that a violation continues after notice of the existence of such violation
is given shall constitute a separate offense. Persons found to be
in violation of the provisions of this chapter in such civil actions
or proceedings shall be liable for damages, including the legal and
other costs and fees resulting from or attendant to such actions or
proceedings, as well as the costs and fees incurred by the Village
and/or its officers, employees, servants, and agents in removing or
altering signs found to be in violation hereof. Prior to any action
being commenced pursuant to the penalties and provisions of this chapter,
the Code Enforcement Officer shall serve a notice to remedy upon the
person violating the provisions of this chapter by certified mail.
The period of said notice to remedy shall be prima fade evidence of
noncompliance with the provisions of this chapter.
A.
Any person feeling aggrieved by a decision of the Code Enforcement
Officer may appeal to the Village of Baldwinsville Zoning Board of
Appeals for a variance from such a ruling, by filing a written notice
of appeal within 15 days of receiving notice of the Code Enforcement
Officer's decision and/or notice of remedy. The Zoning Board of Appeals
will grant a variance based only on a determination of practical difficulty
or unnecessary hardship demonstrated by the applicant.
