[Amended 4-25-2023 by L.L. No. 6-2023]
A.
The purpose of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising signs and outdoor signs of all types. It is intended to
protect property values, create a more attractive economic and business
climate, enhance and protect the physical appearance of the Village,
preserve its historic character and its scenic and natural beauty,
and provide a more enjoyable and pleasing community. It is further
intended hereby to reduce sign or advertising distractions and obstructions
that may contribute to traffic accidents, reduce hazards which may
be caused by signs overhanging or projecting over public rights-of-way,
provide more visual open space and curb the deterioration of the community's
appearance and attractiveness.
B.
This chapter is intended to promote attractive signs which clearly
present their visual messages in a manner that is compatible with
their surroundings and with the historic character of the Village.
The appearance, character and quality of a community are affected
by the location, size, construction and graphic design of its signs.
Therefore, such signs should convey their messages clearly and simply
to enhance their surroundings.
As used in this chapter, the following terms shall have the
meanings indicated:
Any material, structure or device or part thereof composed
of lettered or pictorial matter which is located out-of-doors or on
the exterior of any building or indoors, as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when placed in view of the general public.
AWNING SIGNAny visual message incorporated into an awning attached to a building.
COPY-CHANGE SIGNAny sign on which the visual message may be periodically changed.
DIRECTIONAL SIGNA sign limited to providing information on the location of any activity, business or event.
FREESTANDING SIGNAny sign not attached to or part of any building but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light from the exterior of the sign.
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
PLANNING BOARDThe Town of Lima/Village of Lima Joint Planning Board, or any successor entity so designated by the Village of Lima.
PORTABLE SIGNA sign designed to be movable and not structurally attached to the ground, a building, a structure or another sign, including, but not limited to, a "sandwich board" style sign. Portable signs do not include trailers or signs on wheels or that are designed to be towed.
PROJECTING SIGNA sign which is attached to a building wall or structure and which extends horizontally from the plane of such wall or a sign which is perpendicular to the face of such wall or structure.
REPRESENTATIONAL SIGNA three-dimensional sign built so as to physically represent the advertised product.
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 30 days.
WALL SIGNA sign which is painted on or attached to the outside wall of a building, with the face of the sign in the plane parallel to such wall.
WINDOW SIGNA sign visible from a sidewalk, street or other public place, painted or frosted on glass or other window material, not including graphics in connection with customary window display of products.
SIGN DIRECTORYA listing of two or more business enterprises, consisting of a matrix and sign components.
SIGN STRUCTUREThe supports, uprights, bracing and framework for the sign.
SIGN SURFACE AREAThe entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Both faces of a double-faced sign shall be included as surface or area of such a sign. Any support structure shall be included in sign surface area to the extent that it is larger than that necessary to support the sign.
A.
Except as otherwise provided, no person shall erect, alter or relocate
any sign without first obtaining a permit from the Code Enforcement
Officer. Subsequent to this initial application, no permit shall be
required for a sign to be repainted or repaired.
B.
Application procedure. Applications shall be made, in writing, to
the Code Enforcement Officer on forms prescribed and provided by the
Village and shall contain the following information:
(1)
The name, address and telephone number of the applicant, the owner
of the property, and any contractors retained to construct or install
the sign;
(2)
The location of the building, structure or land upon which the sign
now exists or is to be erected.
(3)
If a new sign is to be erected, elevation and plan drawings, to scale,
should be included. In addition, a full description of the placement
and appearance of the proposed sign should be included and should
cover the following:
(a)
The location on the premises, specifically, its position in
relation to adjacent buildings, structures and property lines.
(b)
The method of illumination, if any, and the position of lighting
or other extraneous devices and a copy of the electrical permit related
to the electrical connections.
(c)
The graphic design, including symbols, letters, materials and
colors.
(d)
The visual message, text, copy or content of the sign.
(4)
Written consent or a copy of the contract made with the owner of
the property upon which the sign is to be erected, if the applicant
is not the owner.
C.
Permit.
(1)
Upon the filing of a completed application for a sign permit and
the payment of the required fee, the Code Enforcement Officer shall
submit the application and all supporting material to the chairperson
(or other designated member) of the Planning Board, who shall consider
the application as follows:
(a)
The application for permit will be decided at the next meeting
of the Planning Board, and in any event not more than 45 days from
the submission of the original application. The decision of the Planning
Board to issue the permit or deny the application shall be communicated
to the Code Enforcement Officer, who shall issue the permit or advise
the applicant of the denial, as the case may be. The issuance of a
permit shall not excuse the applicant from conforming to other applicable
laws, ordinances and regulations.
(2)
The Code Enforcement Officer also shall refer all sign permits within
the Downtown Business District or within the Historic Preservation
Overlay to the Historic Preservation Commission, for an advisory opinion.
The Historic Preservation Commission shall provide its advisory opinion
to the Planning Board not later than 30 days of the date of referral
to the Commission, and in no event later than the Planning Board meeting
whereat the permit will be considered. The Commission's review
is intended to promote signage that is keeping with the Downtown Business
District's historic setting and architecture.
(3)
If erection of the sign authorized under any such permit has not
commenced within six months from the date of the issuance, the permit
shall become null and void, but may be renewed within 30 days'
prior to the expiration, for good cause shown, for an additional six
months, upon application to the Code Enforcement Officer and payment
of an additional amount equal to 1/2 of the original fee.
(4)
Any application that is submitted in conjunction with a project wherein
site plan approval is required by the Village Code shall automatically
be referred to the Planning Board for decision, and the Planning Board
shall have the exclusive authority to approve or reject any application
for a sign permit.
D.
Permit period and fees. A permit shall be in effect from issuance
until the business ceases to operate or the sign is replaced. The
permit fee shall be as set from time to time by resolution of the
Village Board of Trustees and shall be kept by the Village Clerk at
the Village offices.
A.
Exempt signs. The following types of signs may be erected and maintained
without permits or fees, provided that such signs comply with the
general requirements of this chapter and other pertinent regulations:
(1)
Historical markers, tablets, memorial signs and plaques; names of
buildings and dates of erection, when cut into any masonry surface
or when constructed of bronze, stainless steel or similar material;
and emblems installed by governmental agencies or religious or nonprofit
organizations; not exceeding six square feet in area.
(2)
Flags and insignias of any government, except when displayed in connection
with commercial promotion.
(3)
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs, illuminated or not, and not exceeding four
square feet per face and six feet in height. Business names and personal
names shall be allowed. Advertising messages or logos are not allowed.
(4)
Nonilluminated warning, "private drive," "posted" or "no trespassing"
signs, not exceeding two square feet per face.
(5)
One on-premise sign, either freestanding or attached in connection
with any residential building in any zoning district, for permitted
professional offices or home occupations, not exceeding two square
feet and set back at least 10 feet from the highway right-of-way.
Such sign shall state the name and profession or vocation only. Illumination
shall not produce a direct glare beyond the limits of the property
line.
(6)
On premises private-owner merchandise sale signs for garage sales,
yard sales, auctions and the like, not exceeding four square feet
for a period not exceeding seven days.
(7)
Temporary, nonilluminated "for sale," "for rent" and real estate
signs and signs of similar nature, concerning the premises upon which
the sign is located; in a residential zoning district, one sign not
exceeding four square feet per side; in a business or industrial zoning
district, one sign not exceeding 12 square feet set back at least
15 feet from all property lines. All such signs shall be removed within
three days after closing the sale or the effective date of the lease
or rental of the premises.
(8)
One temporary sign for a roadside stand selling agricultural produce
grown on the premises in season, provided that such sign shall not
exceed 16 square feet and shall be set back at least 10 feet from
the public right-of-way. Said signs shall be removed within three
days after the produce is no longer being offered for sale.
(9)
Seasonal holiday decorations, including lighting. These decorations
are exempt from the provisions of this chapter and may be displayed
in any district without a permit for a reasonable period of time surrounding
the holiday or occasion in question.
(10)
One sign, not exceeding six square feet in the residential districts
or 12 square feet in the business districts, listing the architect,
engineer, contractor and/or owner, on premises where construction,
renovation or repair is in progress. Said signs shall be removed within
three days of the completion of such work.
(11)
Political posters, banners, promotional devices and similar
signs, not exceeding four square feet in the residential districts
or eight square feet in the business districts, provided that:
(12)
On premise "sandwich board" style signs that are limited to
one per business, are not illuminated, do not exceed three feet in
height and two feet in width, are brought in at the close of each
business day, and which do not impede pedestrian or vehicular traffic
or parking.
B.
Prohibitions.
(1)
No off-premises signs shall be allowed other than as may be permitted under the exempt signs provisions of Subsection A above.
(2)
No sign shall be illuminated by or contain flashing, intermittent,
rotating or moving lights except to show time and temperature.
(3)
No sign shall be internally illuminated except for window signs that
advertise "Open."
(4)
Representational signs are prohibited.
(5)
No sign shall impair or cause confusion of vehicular or pedestrian
traffic in its design, color or placement. No sign shall impair visibility
for a motorist at a street corner or intersection by placement and
location within 25 feet of the intersection of the street or highway
lines.
(6)
No sign or sign supports shall be placed upon the roof of any building.
(7)
No advertising message shall be extended over more than one sign
placed along a street or highway.
C.
Sign permit required.
(1)
Temporary signs.
(a)
All signs of a temporary nature, except as otherwise provided
by this chapter, shall be permitted for a period not exceeding six
weeks prior to the activity or event nor exceeding three days after
the activity or event. Such signs shall not exceed 12 square feet
in business or industrial districts nor six square feet in residential
districts nor be attached to fences, trees, utility poles, rocks or
other parts of a natural landscape nor be placed in a position that
will obstruct or impair traffic or in any manner create a hazard or
disturbance to the health, safety and welfare of the general public.
(b)
A cash deposit equal to the sign permit fee shall be deposited
with the Village Clerk to insure removal of such signs upon expiration
of the permit period. The Code Enforcement Officer, after seven days'
written notice to the permit holder to remove such signs and after
the failure of the permit holder to do so, shall cause said signs
to be removed, and the cash deposit shall be forfeited to help defray
the cost of removal. The seven days' written notice provided
herein shall be computed from the date of mailing said notice. Said
notice shall be directed to the permit holder at the address provided
to the Zoning Enforcement Officer on the permit application.
(c)
A nonilluminated, single-sided real estate development sign,
including industrial and commercial development, residential subdivision
or construction sign denoting the architect, engineer and/or contractor,
not exceeding 12 square feet in business and industrial districts
nor six square feet in residential districts, may be erected on property
being sold, leased or developed. Such sign shall be erected parallel
to the fronting highway and set back a minimum of 35 feet from the
property line or attached to the building face. Such sign shall be
removed upon completion of the project and shall be in place for a
period not exceeding two years.
(2)
Permanent signs. Within any zoning district, the following permanent
signs may be erected; provided, however, that the provisions of this
subsection shall not serve to expand the number of signs otherwise
allowed pursuant to the next subsection on business and industrial
districts:
(a)
Signs or bulletin boards customarily incident to schools, places
of worship, libraries, museums, social clubs or societies may be erected
on the premises of such institutions. One such sign or bulletin board
not exceeding 16 square feet may be erected for each entrance on a
different street or highway.
(b)
For multiple dwellings or apartment developments, one sign advertising
availability of dwelling units, not exceeding 16 square feet, shall
be permitted. One such sign shall be permitted for each entrance on
a different street or highway.
(d)
Signs necessary for identification, operation or production
of a public utility, not exceeding 16 square feet, may be erected
on the premises of such public utility.
D.
Business and industrial districts.
(1)
Permanent sign provisions.
(a)
The total number of permitted signs on a single business or
industrial lot shall not exceed three, of which only one may be freestanding.
To the extent that the business or lot allows for public access through
the rear of the building or lot, a fourth sign, not exceeding six
square feet, shall be allowed for the rear of the building.
(b)
The total cumulative area of all signs permitted on such lot
shall be calculated at the rate of one square foot of sign area per
linear foot of building front, plus 1/4 square foot per linear foot
of setback of the principal building on the property, whichever is
less, but in no case in excess of 150 square feet.
(c)
A total sign area of no less than 16 square feet total shall
be permitted, regardless of building frontage.
(d)
Illuminated signs shall be turned off when the business they
advertise is closed.
(2)
Gasoline service stations, notwithstanding any other provision of
this code, shall be allowed:
(a)
One freestanding sign, one- or two-sided, identifying the name
of the gasoline service station, not to exceed 10 square feet per
side nor exceed five a maximum height of five feet;
(b)
One fuel canopy with graphic displays on each side;
(c)
Two price, product, or promotional signs each, not exceeding
six square feet or three square feet per side if double-sided, if
located on the pump island; and
(d)
Canopy/fascia signage not to exceed 50 square feet.
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All such signs as indicated herein shall be subject to the permit
process.
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(3)
Any commercial shopping plaza, defined as of two or more contiguous
stores are located together in a shopping center that total not less
than 13,000 square feet of gross leasable area, notwithstanding any
other provision of this code, shall be allowed:
(a)
One common freestanding sign denoting the name of the shopping
facility and/or any tenants therein, not exceeding 60 square feet
(30 square feet per side) and with the top of the sign not more than
12 feet above grade. The location of any freestanding sign is such
so as not to interfere with visibility for vehicular/pedestrian traffic
entering or leaving the lot or traveling on any street.
(b)
All other signs shall be attached to buildings, on a wall, projecting
or soffit-type and coordinated in material, shape, lettering, color
and/or decorative elements.
(c)
The total sign area permitted for the entire shopping center
shall be calculated at the rate of one square foot of sign per foot
of building front, plus 1/4 square foot per foot of each store's
setback, but in no case to exceed 200 square feet of signage (including
any freestanding sign).
(d)
A landscaped area extending at least one foot beyond the width
and depth of the sign shall be required at the base of all ground
signs.
(4)
Portable signs. A new business or a business in a new location, awaiting
installation of a permanent sign, may utilize a portable sign for
a period of not more than 60 days or until installation of a permanent
sign, whichever occurs first. Such a portable sign must meet all the
construction standards of the municipality. A separate permit for
such a portable sign shall be required.
E.
Nonconforming signs.
(1)
In the event that a sign lawfully erected prior to the effective
date of the chapter does not conform to the provisions and standards
of this chapter, then such sign may continue in use until replaced
or until the sign no longer advertises an existing business conducted
or product sold on the premises upon which such sign is located, or
until the sign becomes poorly maintained through lack of repair and
maintenance.
(2)
A nonconforming sign shall not be enlarged, altered, rebuilt, extended,
or relocated unless such action is to make such nonconforming sign
conforming to these provisions.
(3)
Any maintenance and repair of a nonconforming sign shall not cost
more than 50% of the current depreciated value of the sign as of the
date of alteration or repair nor alter more than 50% of the physical
square footage of the sign; otherwise, a permit for a conforming sign
under these provisions must be obtained.
F.
Removal of signs.
(1)
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 upon which such sign is located shall be removed
within 60 days of formal notice from the Code Enforcement Officer,
unless such sign has been designated by the Historic Preservation
Commission as having significant historical, architectural, or aesthetic
value. The Historic Preservation Commission shall keep an inventory
of signs in the Village that contain significant historical, architectural,
or aesthetic value, to be updated from time to time, that may be referenced
by the Code Enforcement Officer, the Planning Board, and the Village
Board of Trustees. If the sign is not removed within said time period,
the Code Enforcement Officer shall revoke the permit issued for such
sign and may remove the sign and assess the owner for all costs incurred
for such service.
(2)
If the Code Enforcement Officer shall find that any sign regulated
by this chapter is not used, abandoned for more than six months, unsafe,
insecure or is a menace to the public, the Code Enforcement Officer
shall give written notice to the named owner of the land upon which
it is located, who shall remove or repair the sign within 60 days
from the date of the notice. If the sign is not removed or repaired
within said time period, the Code Enforcement Officer shall revoke
the permit issued for such sign and may remove or repair the sign
and assess the owner for all costs incurred for such service.
(3)
The Code Enforcement Officer may require the removal or repair, at
the owner's expense, of any sign that is poorly or improperly
maintained.
(4)
The Code Enforcement Officer may cause any sign which is a source
of immediate danger to persons or property to be removed immediately
and without notice.
A.
General.
(1)
All signs installed after the effective date of this chapter shall
have on file at the Village Clerk's office the name and address
of the owner, person or corporation responsible for the general requirements
and maintenance as outlined in this chapter.
(2)
All freestanding signs shall be designed and constructed to withstand
a wind pressure of not less than 30 pounds per square foot of surface
area and the applicant shall certify the same if requested by the
Code Enforcement Officer.
(3)
All signs, including wall-mounted and projecting signs, shall be
securely anchored and shall not swing or move in any manner.
(4)
All signs, sign finishes, supports and electric work shall be kept
clean, neatly painted and free from all hazards, such as, but not
limited to, faulty wiring and loose supports, braces, guys and anchors.
B.
Specific regulations of sign types. The following are descriptions
of signs varying in construction and type which shall comply with
the additional conditions set forth herein:
(1)
Wall signs.
(a)
Wall signs shall not extend beyond the ends or over the top
of the walls to which attached and shall not extend above the level
of the floor of the second floor of the building.
(b)
Wall signs shall not extend more than six inches from the face
of the buildings to which attached, except that copy-change signs
may extend 15 inches therefrom.
(c)
Any part of a sign extending over pedestrian traffic areas shall
have a minimum clearance of seven feet six inches.
(d)
Copy-change wall signs shall be permitted on theaters only.
(2)
Projecting signs.
(a)
Projecting signs shall not have more than two faces.
(b)
The exterior edge of a projecting sign shall extend not more
than four feet from the building face or 1/3 the width of the sidewalk,
whichever is less.
(c)
No part of a projecting sign shall extend into vehicular traffic
areas, and any part extending over pedestrian areas shall have a minimum
clearance of seven feet six inches.
(d)
Projecting signs shall not extend above the floor level of the
second floor of the buildings to which attached or in any case be
higher than 12 feet.
(e)
No projecting sign shall be closer than 15 feet to the corner
of a building located at a street intersection.
(f)
The owner of any building with a projecting sign, or the owner
of the sign, must have on file with the Village Clerk a certificate
of liability insurance in an amount of not less than $1,000,000 naming
the Village of Lima as an additional insured. Failure to do so, or
keep the same up to date, will result in the Code Enforcement Officer
revoking the permit issued for such sign and said sign and assessing
the owner for all costs incurred for such service.
(3)
Freestanding signs.
(a)
In residential zones, no freestanding sign shall be located
less than 15 feet from the front property line nor less than five
feet from the side property line. No freestanding sign may be located
less than 50 feet from any other freestanding sign.
(b)
If for any reason the property line is changed at some future
date, any freestanding sign made nonconforming thereby must be relocated
within 90 days to conform to the minimum setback requirements.
(c)
Except as otherwise provided herein, no freestanding sign shall
be more than 10 square feet per side for a double-faced sign.
(d)
No freestanding sign shall be more than five feet in height
above finished grade. Such height shall be measured vertically from
the established average grade directly below the sign or entry level
of the building or structure, whichever is lower, to the highest point
of the sign, including supporting structures.
(e)
Masonry wall-type signs shall not exceed four feet in height
and shall not be placed so as to impair visibility for motorists.
(4)
Other signs.
(a)
Window signs.
[1]
Window lettering should be carefully organized and applied so
as to not clutter or prohibit viewing into the business, and should
relate to the color scheme and other fonts for the business. Window
signs should not be more than 30% of each window area and no more
than four square feet.
(b)
Sign directories.
[1]
Sign directories shall contain identification of business enterprises
but shall contain no promotional advertising.
(c)
Awning signs.
[1]
No sign shall project from an awning.
[2]
Awning graphics may be painted or affixed flat to the surface
of the front or sides and shall indicate only the name and/or address
of the enterprise or premises.
[3]
Lettering height should fit within the awning's valance
space and should be limited to one row. Awning lettering should not
be in a bold face font and letters should be spaced apart to prevent
the valance from appearing cluttered.
[4]
Awnings may have a triangular or curved profile and may be fixed
or retractable. The bottom of awnings should be a minimum of seven
feet six inches above the closest floor or grade level and should
not project more than six feet. When possible, align awnings with
the awnings of adjacent buildings. Awnings should start and stop with
each building or other vertical facade elements.
[5]
Prefabricated metal awnings are prohibited. Internally illuminated
or back-lit awnings are prohibited.
A.
Signs should conform with the Livingston County Design Guidelines
and the Lima Facade Guidelines, as updated from time to time, unless
otherwise stated herein. The Planning Board and the Historic Preservation
Commission should use the Livingston County Design Guidelines and
the Lima Facade Guidelines to guide its decisions and recommendations.
B.
Signs should be designed to be compatible with the surroundings and
appropriate to the architectural and historic character of the buildings
on which they are placed. Sign panels and graphics should relate with,
and not cover, architectural features and should be in proportion
to them.
C.
Signs should be appropriate to the types of activities they represent.
D.
Layout should be orderly, and graphics should be of simple shape,
such as a rectangle, circle or oval.
E.
No more than two typefaces should be used on any one sign or group
of signs indicating one message.
F.
The number of colors used should be the minimum consistent with the
design.
G.
Illumination should be appropriate to the character of the sign and
surroundings.
H.
Groups of related signs should express uniformity and create a sense
of harmonious appearance.
A.
Any person aggrieved by a decision of the Code Enforcement Officer
and/or the Town of Lima/Village of Lima Joint Planning Board relative
to the provisions of this chapter may appeal such decision, in writing,
to the Zoning Board of Appeals, as provided for in the Village Code.
B.
In granting any variance from the provisions of this chapter, the
Zoning Board of Appeals must find that the variance is necessary for
the reasonable use of the land or buildings, that granting the variance
is in harmony with the general purposes and intent of this chapter,
that such will not be injurious to the neighborhood character or otherwise
detrimental to the public welfare and that denial of the variance
would result in practical difficulty or unnecessary hardship to the
applicant.
C.
If a sign for which a variance has been granted hereunder is not
erected within one year from the date of the issuance of said 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 further effect.
A.
Any person, firm or corporation, whether as owner, lessee, agent
or employee, who proceeds to erect, re-erect, construct or structurally
alter any sign without first applying for and obtaining the necessary
permit or who in any other way violates any provision of this chapter
shall be guilty of an offense punishable by a fine not exceeding $100
for the first violation and $200 for a second, or subsequent violation.
Each week's continuous violation shall constitute a separate
additional violation.
B.
In case of a violation of this chapter, the municipality and its
officers may, in addition to any other remedies specifically conferred
by law or ordinance, institute any appropriate proceedings to prevent
unlawful erection, construction, reconstruction, alteration or use
of any sign not in compliance with this chapter.
A.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of the public health, morals, safety or the general welfare. It is
not intended to interfere with, abrogate or annul other rules, regulations
or ordinances, provided that, whenever the requirements of this chapter
are at variance with the requirements of any other lawfully adopted
regulations, rules or ordinances, the most restrictive or those which
impose the highest standards, shall govern.
A.
The provisions of this article shall not be construed as relieving
or limiting in any way the responsibility or liability of any person,
firm, or corporation erecting or owning a sign from any personal injury
or property damage resulting from the placing of the sign, construction,
maintenance, or removal of any sign. Nor shall this provision be construed
as imposing any liability on the Village of Lima or any of its officers,
agents, or employees by reason of the approval of any sign, materials,
or devices under these provisions.
