[HISTORY: Adopted by the Board of Trustees
of the Village of Newark 4-21-1998 by L.L. No. 1-1998; amended in its entirety 11-15-2022 by L.L. No.
5-2022. Subsequent amendments noted where applicable.]
The legislative intent of this chapter is to promote and protect
the public health, welfare and safety of the inhabitants of the Village
of Newark by regulating existing and signs of all types which are
intended to be viewed from outdoors. It intends to 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, preserve property values and provide a more enjoyable and pleasing
community.
As used in this chapter, the following terms shall have the
meanings indicated:
Any nongovernmental flag, spotlight, balloon or similar device
or ornamentation used for purposes of attracting attention for promotion
of business use.
Any visual message incorporated into a nonpermanent structure
projecting from a building and providing protection from the elements,
or a marquee.
Movable or fixed ornamental roof-like structures extended
from the face of a structure and constructed of durable materials,
including fabrics, which sometimes display lettering or other business
insignia.
Any indirect source of light which is located from behind
the sign surface or shielded from the viewer's eyes by a translucent
or opaque material.
A sign listing the name and location of all tenants in a
structure.
The width of a building facing a street or public parking
lot; in the case of a corner lot, it may be either frontage at the
option of the applicant. Where a mall exists, "building frontage"
shall mean that portion of the building perimeter facing a street
or designated parking area; in the case of two such perimeters, it
may be either frontage at the option of the applicant.
A sign which identifies the name of the building and does
not identify any individual business activity.
The width of building face allocated to each individual occupant.
A commercial, industrial or service enterprise, including
churches.
An announcement sign, bulletin board, or sign which makes
provision for changing letters and other copy.
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
A direct entrance from a public way to a habitable or tenantable
space.
Any state, municipal, county, or national flag. The national flag must be displayed in accordance with the Federal Flag Code (see United States Code Title 4, Chapter 1). No flag pole shall exceed 50 feet for public display, or 25 feet for home use. All flags shall be proportionate to the height of the flag pole as the Federal Flag Code.
A single or multifaced sign affixed to a supporting structure
or embedded in and extending from the ground or detached from the
building.
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
Any picture, shape or drawing, with or without letters or
words, used to identify a product service, business or organization.
Any sign relating to the use of a building or property by
a government, public agency, or municipal board.
A work of decorative art applied on or attached to an exterior
wall or fence within public view that does not include graphics or
text that can be interpreted as commercial advertising. Embellishments
to or decoration of architectural elements is not considered a mural.
Notwithstanding the above definition, a mural may contain bona fide
historic recreations of vintage advertising.
Any sign, other than a sign promoting a business use.
A sign that is not permanently affixed to a building, a structure
or the ground.
A sign which is attached to a building or other structure
and which extends beyond the surface of the building. This sign is
not parallel to the building.
Any material or device which has the effect of intensifying
reflected light, such as Scotchlite™, DayGlo™, glass beads and luminous
paint.
Any material, structure or part thereof, or any device attached
to a structure or painted or represented thereon, composed of or upon
which is placed lettered or pictorial or other matter for visual communication,
when used or located out-of-doors, or on the exterior of any building
or indoors as a window sign, for the display of any advertisement,
notice, directional matter or name. The term "sign" does not include
signs erected and maintained pursuant to and in discharge of any governmental
function within this political jurisdiction, or required by any law,
ordinance or governmental regulation or the flag or insignia of any
nation or of any governmental agency having jurisdiction over the
Village of Newark.
A permit issued by the Code Enforcement Officer providing
documentation of the specific sign(s) requiring a permit have been
approved pursuant to these regulations.
A sign on a surface or panel that may be affixed to the wall
of a building or structure, includes individual letters, characters
or devices.
A.
Permit required. A sign permit shall be required prior to erecting a sign (including awnings and/or canopies whereby a sign is attached) within the Village of Newark, except as provided in Subsection B of this section. Signage for new site plans and building plans will be approved and granted via the Planning Board approval process or via a building permit. New sign permits for existing buildings will be approved by the Code Enforcement Officer. All sign permit fees shall be paid by the applicant pursuant to the Village of Newark Fee Schedule[1] as set forth by the Newark Village Board.
[1]
Editor's Note: Said fee schedule is on file in the Village
offices.
B.
Exceptions; permit not required. The following signs shall not require
a permit:
(1)
Nonbusiness signs, as defined and regulated in this chapter.
(2)
Municipal signs.
(3)
Sale, lease, or open for inspection signs relating to the real property
transfer provided that such sign is no greater than eight square feet
in area for residential parcel signs and 32 square feet for commercial
parcel signs. Signs must be at least six feet from the public right-of-way
and must not reduce the line of sight for egress from that property,
or any other property. Such signs are limited to one per property,
except that an additional two signs advertising that the premises
is "open" is permissible only during the period that the property
is open for inspection.
(4)
Not-for-profit, charitable and political organizations may advertise
an event with a sign limited to four feet in height and six square
feet per face may be used for the period of the event, and the preceding
14 days. Temporary signs relating to an event must be removed not
more than two days thereafter.
(5)
Window or wall signs no greater than two square feet in area that
provide notice of hours of operation, payment options, invitee restrictions,
or legal warnings or notices. In no event may a sign within a window
cover more than 30% of the total area of the particular window's
total area. In the case of a window that is a portion of a door, then
the sign may not cover more than 10% of the total window area of the
door.
(6)
Signs required by law or necessary to the public welfare.
(7)
Historical markers, tablets and statues, memorial signs or plaques,
when cut into a masonry surface or when constructed of bronze, stainless
steel or similar material and not exceeding six square feet.
(8)
Nonilluminated "warning," "private drive," "posted," or "no trespassing"
signs, not exceeding two square feet per face.
(a)
"Warning," "private drive," "posted," or "no trespassing" signs
shall not be in excess of four feet in height and shall not be in
excess of two square feet per face. A maximum of one "posted," "warning,"
or "no trespassing" sign shall be permitted to be placed along the
perimeter of property lines at intervals of not less than 100 feet
apart. This restriction shall not apply to properties owned by public
entities or utility companies.
A.
No sign or attention-getting device shall be illuminated by or contain
flashing, rotating, scrolling, strobing, or moving lights.
B.
No sign or attention-getting device shall impair or cause confusion
of vehicular or pedestrian traffic, in its design, color or placement.
C.
No sign or attention-getting device shall be placed upon the roof
of any building.
D.
No sign or attention-getting device shall consist of ribbons, streamers,
spinners, or similar moving, fluttering or revolving devices.
E.
No permanent, temporary or exempt sign or attention-getting device
shall be placed upon, painted or drawn upon, fastened, or attached
to any utility pole, tree, fence, or man-made or natural feature in
all districts of the Village of Newark. No signs may be placed in
Village of Newark medians. However on special occasions or in emergencies,
the Mayor may, by written permit filed in the office of the Village
Clerk, grant use of these areas for a limited period of time.
F.
Unrelated signs or unrelated attention-getting devices. Business
use signs must advertise a bona fide business conducted on the premises
where the sign is located. Vehicles with signs may not be parked in
another business's location unless the owner is concurrently
conducting business on the premises.
G.
Signs or attention-getting devices that produce vapors, smoke, particles,
or noise may be removed by the Code Enforcement Officer without notice.
H.
Illegible signs and signs or attention-getting devices in disrepair
may be removed by the Code Enforcement Officer without notice.
I.
Electronic changeable-copy signs, with the exception as noted in
§ 130-8(B)(7).
A.
Sign permits shall be issued by the Code Enforcement Officer for
any business use signs in any zoning district.
B.
Applications for signs proposed for any land use activity that require
site plan approval from the Planning Board shall be reviewed and approved
by the Planning Board prior to issuance of a sign permit from the
Code Enforcement Officer.
A.
All applications for a sign permit shall be made in writing to the
Code Enforcement Officer and contain the following information:
(1)
The name, address, and telephone number of the applicant and property
owner.
(2)
The location of the building, structure, or land to which or upon
which the sign is to be erected.
(3)
If a new sign is to be erected, elevation and plan drawings should
be included. A clear description of the placement and appearance of
the proposed sign should include the following:
(a)
Location on the premises, specifically, its position in relation
to adjacent buildings, structures and property lines.
(b)
The method of illumination and position of lighting.
(c)
Graphic design, including symbols, letters, materials, and possible
color combinations.
(d)
The zoning district in which the design is to be placed.
(e)
Written consent of the owner of the property on which the sign
is to be erected along with identification of all other signs on the
land (including locations and dimensions).
(f)
The signature of the applicant attesting to the accuracy of
the petition.
B.
All applications for a sign permit shall be reviewed by the Code
Enforcement Officer within 15 days of submittal ofa complete application.
(1)
The Code Enforcement Officer shall deny any application for a sign
which does not conform with this chapter. A denial shall be made in
writing with a statement for the denial and served upon the applicant.
(2)
The Code Enforcement Officer shall approve an application for a sign
which conforms with this chapter, or upon an approval from the Planning
Board or Zoning Board of Appeals where such review is required.
(3)
In the event that the Code Enforcement Officer finds that the sign(s)
does not conform with the approval, the applicant shall be so notified
in writing and have 30 days thereon to correct the cited deficiencies,
or be removed in accordance with the provisions of this chapter.
A.
Design and appearance.
(1)
All signs and supporting structures must be in harmony with the style
and scale of the architectural features of the buildings on which
they are placed or to which they relate.
(2)
All signs must be appropriate to the type of activities they represent.
(3)
Layout of all signs and their messages must be orderly and of simple
shapes.
(4)
The number of different colors or shades of colors used on one sign
or group of signs shall be of a consistent theme.
(5)
All signs that are lit must be so designed as to reflect light and
glare away from surrounding properties and the right-of-way and not
be greater than necessary to make the sign legible at night from the
right-of-way. Lighting among signs shall be consistent with surrounding
signs.
B.
Construction and installation.
(1)
All signs shall comply with the Uniform Fire Prevention and Building
Code.
(2)
No sign shall interfere with utility line clearance.
(3)
No sign shall interfere with the use of any fire exit, door, or window
or other access to a building. No sign shall obstruct the vision of
any access or be designed in such a way as to confuse access to a
fire escape route.
(4)
No sign shall interfere with sight distances or otherwise interfere
with the ability of motor vehicle traffic to make safe movements.
(5)
No sign shall project into a public right-of-way.
C.
Computation of sign type area. The area of a sign type is determined
as follows.
(1)
For signs consisting of freestanding letters or logos, sign area
is calculated as the total area of the rectangle, circle or square
that fully encloses each word or logo.
(2)
For wall signs and signs on a background, the entire area of the
background is calculated as sign area, including any material or color
forming the sign face and the background used to differentiate the
sign from the structure against which it is mounted. Sign area does
not include any supports or bracing.
(3)
The area for a sign with more than one face is computed by adding
together the area of all sign faces, except where the angle at which
the two sign faces are placed does not exceed 30°. Freestanding
signs may include one identical back without including an identical
area.
(4)
Sign area examples:
(a)
Sign area, monument. The sign area shall be the extreme outer
dimensions of the freestanding structure, excluding the support structure
and architectural features.
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(b)
Sign area, pole. The sign area shall be measured as the area
enclosed by the smallest single rectangle that will enclose the structure
exclusive of the poles.
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(c)
Sign height. Height shall be the distance from the top of the
sign structure to the lowest grade level of the base of the sign.
The height of any monument base or other structure erected to support
or ornament the sign shall be measured as a part of the sign height.
 |
(d)
Three-dimensional signs. Signs that consists of, or have attached
to them, one or more three-dimensional objects, shall have a sign
area of the sum of all areas using the four vertical sides of the
smallest cube that will encompass the sign.
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(e)
Double-faced signs. On a sign where the information is located
back to back or located at an interior angle equal to or less than
30°, the sign area shall be computed as the area of one sign face.
Where the two faces of a double-faced sign are not equal in size,
the larger sign face shall be used. Where two faces of a double-faced
sign are located at an interior angle more than 30° from one another,
both sign faces shall be counted toward sign area.
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(f)
Multi-faced signs. On a three-or-more-faced sign, sign area
shall be calculated as the sum of all faces.
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(g)
Measurement of sign height. The total height of a freestanding
sign is measured from the highest point of the sign or the highest
point of the supporting structure (whichever is higher) to the adjacent
grade.
No signs or billboards shall be permitted in any district except
as specifically permitted herein as follows:
A.
Signs in residential districts. The following signs are permitted
when located on the immediate property:
(1)
Professional and home-occupation signs: one unlighted identification
sign, not more than two square feet in area and attached to the wall
of the building and not to protrude more than six inches from the
wall face.
(2)
One attached sign of an appropriate nature identifying any nonresidential
building or use permitted in residential districts, not exceeding
20 square feet in area.
(3)
Signs necessary for the identification, operation or protection of
a public-utility installation.
B.
Signs in business and industrial districts. The following signs are
permitted:
(2)
An attached entry directory sign (not exceeding 10 square feet in
area), provided that it announces only services offered within the
building.
(3)
In addition to any building directory sign, each tenant of a building,
or plaza with a separate entrance to a Village street, or parking
area shall be entitled to an individual sign not exceeding two square
feet for each lineal foot of building frontage belonging to the particular
tenant. Or each tenant may have two attached signs with a combined
square footage not exceeding what is permitted for the one attached
sign; or
(4)
For a tenant space having frontage on more than one street, they
may have a sign for each frontage on a street, however, the combined
square footage of all signs may not exceed 1.5 times the permitted
square footage as outlined in § 130-8(B)(3); or
(5)
A tenant having more than two public entrances may have a sign for
each public entrance, however, the combined square footage of all
signs may not exceed 1.5 times the permitted square footage as outlined
in § 130-8(B)(3).
(6)
Portable signs.
(a)
Portable signs may not be illuminated.
(b)
Portable sign size shall not exceed 32 square feet and shall
be limited to five feet above grade.
(c)
Portable signs must be removed after 60 days. Another portable
sign permit can be applied for 30 days after removal of a portable
sign.
(d)
Temporary signs and attention-getting devices relating to an
event shall be removed by the owner or occupant of the property not
more than two days thereafter.
(e)
Portable signs less than eight square feet may be used without
a permit, provided such signs are displayed only during the businesses
hours of the business advertised, and no more than one such sign is
displayed per business entrance, and no more than one such sign is
displayed at a site entrance.
(f)
Portable signs must be displayed within 25 feet from the business
entrance, and not conflict with pedestrian or vehicular traffic. Distances
of greater than 25 feet may be administratively approved by the Code
Enforcement Officer. Such sign must comply with the regulations concerning
temporary signs and attention-getting devices above. Noncompliant
sandwich signs may be removed by the Code Enforcement Officer without
notice.
(7)
Electronic changeable-copy signs.
(a)
Electronic changeable-copy signs may be permitted inside store
windows parallel to the right-of-way and not exceeding 2% of the window
area.
(b)
The marquis-portion lettering is a single color.
(c)
The sign does not scroll or flash in a continuous motion.
(d)
The sign message changes no more than once every 60 seconds.
(e)
The sign will have no background movement.
(8)
Wall signs.
(a)
A wall sign may not be painted directly on a building. However,
the Village Board may approve artistic murals at its discretion. If
the name of the business is included in the mural, this shall be considered
a wall sign and will be subject to sign restrictions. This sign area
is calculated as the total area of the rectangle, circle or square
that fully encloses each word or logo.
[1]
All applications for murals shall be accompanied by a sketch
or digitized picture, drawn to scale, showing the proposed location,
size, height, artwork and color(s) of the mural, as well as the building
facade upon which it is to be located. Applications for murals shall
also include a written plan for ongoing maintenance of the mural once
completed, including the person, agency or organization that will
fund maintenance activities and probable costs associated with maintenance.
[2]
Mural content shall not be obscene or offensive.
[3]
Murals shall not negatively impact historic resources within
the Village of Newark, or cause such resources to lose their local,
state and national register eligibility.
[4]
A mural shall be maintained and shall not be allowed to fade
or lose its integrity. The Village of Newark is not responsible for
maintaining a mural. If the mural is not maintained, the Village of
Newark can require that the mural be removed or covered.
[5]
If proposed mural materials are not compatible with the mounting
surface, the mural shall be placed on its own substrate, set off from
the mounting surface and properly anchored to resist wind and other
forces in accordance with the Uniform Code. The use of combustible
materials shall not be used where prohibited by fire safety codes.
[6]
Sand or high-pressure water blasting that would damage an historic
building's facade is prohibited.
[7]
If a mural becomes marked with graffiti, the property owner,
or other designated party, is responsible for the prompt removal of
the graffiti.
[8]
The maximum allowed size of a mural shall be determined by the
Planning Board on a case-by-case basis.
(b)
A wall sign shall not extend more than 12 inches from the face
of the building to which it is attached.
(9)
Projecting signs.
(a)
One projecting wall is permitted in lieu of each permitted primary
wall sign.
(b)
Maximum sign area is 15 square feet.
(c)
Maximum sign projection is five feet; bottom of sign must be
at least 10 feet above finished grade.
(d)
Signs within a New York State Department of Transportation right-of-way
must have New York State Department of Transportation approval.
(10)
Freestanding signs.
(a)
The Code Enforcement Officer may issue a freestanding sign permit
for commercial and industrial zoned properties, provided that said
permanent sign complies with the following requirements:
(b)
Freestanding signs for malls/plazas. The Code Enforcement Officer
may issue a freestanding sign permit for malls/plazas, provided that
said permanent sign complies with the following requirements:
[1]
Any mall/plaza area of less than 10 acres is allowed one freestanding
sign.
[2]
Any mall/plaza area of 10 acres or more is allowed a total of
two freestanding signs.
[3]
The total size per sign shall not exceed 260 square feet.
[4]
Any illumination shall not be obtrusive to adjoining properties
or motorists.
[5]
Design of the sign shall be aesthetically acceptable.
[6]
Mall/plaza area shall be considered as the total continuous
developed area.
(11)
Awning signs.
(a)
One awning sign is permitted in place of a wall sign.
(b)
It is preferred that the lettering for the sign is placed on
the valance of the awning.
(c)
Awnings internally illuminated within the structure of the awning
itself are prohibited.
(d)
An awning sign shall be considered an attached sign and maximum
sign area should be calculated accordingly.
(e)
Refer to section on awnings for awning regulations.
C.
Signs in planned unit development districts. The following signs
are permitted:
All signs shall conform to the following requirements:
A.
Back-to-back signs may be counted as one sign.
B.
No attached sign shall extend above the facade of the building.
C.
No freestanding sign shall exceed 25 feet in height from finish grade.
D.
Signs shall be located in such a manner so as not to restrict vision
or impair safety.
E.
A building permit shall be required prior to the installation of
any signs except those exempt from such requirement.
F.
All lighted signs shall be Underwriters Laboratories' (UL) approved
and installation shall be certified by the York Board of Fire Underwriters.
G.
Extension cords are not an approved method for electrical service
to any sign.
H.
All signs and supports in the Village of Newark shall be properly
maintained at all times. The Code Enforcement Officer shall have the
authority to order the painting, repair or removal of a sign and 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 by certified
mail. If the maintenance notice is not complied with, within 15 days,
it shall become an order to abate the sign or perform the maintenance
or repair specified therein.
I.
Any sign not conforming to the regulation of the district in which
it is located at the time of adoption of this chapter shall be considered
preexisting, nonconforming.
J.
Any preexisting, nonconforming sign may change the face or panel
of the sign that does not meet the area or height standards of this
section. However, there shall be no increase in the degree of nonconformity.
K.
All signs must be brought into compliance with this section if at
any time the sign is altered, repaired, restored or rebuilt to the
extent that the cost exceeds 50% of the estimated replacement cost
of the sign (in current dollar value). All sign permits within any
six consecutive calendar months will be aggregated for purposes of
measuring the 50% standard.
L.
If the repair is caused by involuntary damage or casualty and not
deferred maintenance, the sign may be repaired to any extent.
M.
Any nonbusiness signs shall be restricted to 16 square feet and shall
be limited to one per parcel. A flag with verbiage not displayed on
a pole will be considered a sign.
N.
Any sign existing on or after the effective date of this section 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. 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. In the event of the refusal or neglect of the person so notified to comply with said notice or order of the Village Board in the event the aggrieved party requests a hearing pursuant to § 113-8, the Village Board shall provide for the removal of the signs, as the case may be, either by Village employees or by contract, and the total cost thereof, including an administrative fee of $75, shall be billed to the owner and, if not paid within 30 days, will be assessed upon the real property upon which the signs are found, and shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of real property taxes.
The violation of any of the provisions this chapter shall be
punishable by a maximum fine of $250 or by imprisonment for not more
than 15 days, or by both such fine and imprisonment.
