The purpose of this article is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising, outdoor advertising signs and outdoor signs of all types.
It is intended to protect property values, create a more attractive,
economic 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 hereby 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 to eliminate the deterioration of natural
beauty and community environment.
A. As used in this article, unless otherwise specifically stated, the
following terms shall have the meanings indicated:
ACCESSORY SIGN
Any sign related to a business or profession conducted or
to a commodity or service sold or offered upon the premises where
such sign is located.
ERECT
To build, construct, display, relocate, attach, hang, place,
suspend, affix or maintain any sign and shall include the painting
of exterior wall signs, excepting general maintenance.
ILLUMINATED SIGN
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
INSTALLER
Any person, firm, partnership, company, or corporation that
installs signs as provided for in this article.
LIGHTING DEVICE
Any light, string of lights or group of lights located or
arranged so as to cast illumination on a sign.
NONACCESSORY SIGN
Any sign unrelated to a business or profession conducted
or to a commodity or service sold or offered upon the premises where
such sign is located.
SIGN
Any material, structure, device or part thereof, awning or
canopy composed of lettered or pictorial matter, or upon which lettered
or pictorial matter is placed, when used or located out of doors or
outside or on the exterior of any building, including window display
area, or display of an advertisement, announcement, notice, directional
matter or name, and includes sign frames, billboards, sign boards,
painted wall signs, hanging signs, illuminated signs, pennants, fluttering
devices, projecting signs or ground signs and shall also include any
announcement, declaration, demonstration, display, illustration or
insignia used to advertise or promote the interest of any person or
business when the same is placed in view of the general public.
TEMPORARY SIGN
The term defining any sign, banner, pennant or advertising
display intended to advertise or promote an event, sale, election,
or other temporary campaign, and not intended for permanent display.
For the purpose of this article the term "sign" does not include
signs erected and maintained pursuant to and in discharge of any governmental
function or required by any law, ordinance or governmental regulation.
The regulations contained in this article shall apply to all
signs in all use districts, regardless of designation, of the Village
of Weedsport:
A. Any illuminated sign or lighting device shall employ only lights
admitting a light of constant intensity, and no sign shall be illuminated
by or contain flashing, intermittent, rotating or moving light or
lights. In no event shall an illuminated sign or lighting device be
so placed or directed 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.
B. Signs projecting from the front or face of a building shall be installed
as follows:
(1) Interior edge of sign: no more than 12 inches from front of building.
(2) Exterior edge of sign: not closer than three feet to the curbline.
(3) Bottom edge of sign: not less than eight feet from the sidewalk.
(4) No sign shall be more than 20 square feet in size.
C. No portable or temporary sign shall be placed on the front or face of the building on any premises, except as provided in §
215-83 herein.
A. The following signs are permitted in any use district without a permit:
(1) Signs advertising the sale, lease or rental of the premises upon
which the sign is located. Such sign shall not exceed four square
feet in area.
(2) Professional nameplates that shall not exceed two square feet in
area.
(3) Signs denoting the name and address of the occupants of the premises.
Such signs shall not exceed two square feet in area.
(4) Signs denoting the architect, engineer or contractor placed on premises
where construction, repair or renovation is in progress. Such sign
shall not exceed two square feet in area.
B. The following signs are permitted in any use district but require
a permit as provided herein:
(1) Signs or bulletin boards as are customarily displayed by places of
worship, libraries, museums, social clubs or societies. Such signs
or bulletin boards shall not exceed 20 square feet in area on each
side and shall be located on the premises of such institutions.
(2) Any sign advertising the development of real estate or subdivisions
permitted in a district zoned residential by any zoning regulation
shall not exceed 30 square feet on one side only and shall advertise
only the name(s) of the developer(s) and business associated with
the development on the property where such sign is located. Not more
than one sign per development shall be allowed. Such sign shall in
all other respects conform to the provisions of this article. The
sign must be removed upon completion of the subdivision or development
but in no instance shall remain more than one year.
(3) At any commercial establishment not more than one pole sign not over
30 feet in overall height for the purpose of advertising may be erected.
In case the establishment faces more than one street, the Village
Board, at its discretion, may allow two or more such signs.
All signs of a temporary nature, such as posters, banners, promotional
devices for events such as garage, yard and house sales, or other
signs of a similar nature, including political placards or posters,
must be removed within five days after the event or election. Such
signs are not to be attached to fences, trees, utility poles or the
like and are not to be placed in a position that will obstruct or
impair vision or traffic or in any manner that will create a hazard
or disturbance to the health and welfare of the general public.
In the Neighborhood Commercial (NC), Commercial (C), Historic
Commercial (HC), and Industrial (I) Zoning Districts, no sign shall
be erected or maintained except as follows:
A. Signs per business.
(1) One sign, when not attached to a building, shall not exceed 1/2 square
foot of viewable area per side for each linear foot of building frontage
occupied by the advertised business. The sign may have a maximum total
of two sides. Such sign shall only advertise the name of the owner,
trade names, trademark, product sold, and/or the business or activity
conducted on the premises where the sign is located. Where a business
has frontage on more than one street or highway, only one such sign
is permitted. The total business frontage may be used to calculate
sign area. No sign, when not attached to a building, shall exceed
20 square feet in viewable area per side.
(2) One sign attached or applied to a building shall not exceed 1 1/2
square feet of area for each linear foot of building frontage occupied
by each business conducted on the premises. In the event a sign is
painted or applied directly to the front or face of a building, the
area of the sign shall be taken as the area required to continuously
circumscribe all the letters and devices with straight lines. Where
the business has frontage on more than one street or highway, one
such sign shall be permitted for each street frontage, limited in
size as outlined in this section.
B. In addition to the regulations of this article, all signs in the Historic Commercial (HC) Zoning District shall meet the requirements of Article
VI, Historic Commercial District Design Regulations, for signage, located in §
215-27J.
A. Prohibited signs are signs that have been erected that do not meet
the standards of this article, signs that are not maintained or have
been abandoned, signs that are determined to be dangerous and cause
distractions by the passing motorist and/or any other unsafe condition
that a sign may create affecting the public safety and welfare of
the Village. Additionally, the following signs are expressly prohibited
within the Village of Weedsport:
(1) Abandoned sign. Any sign not utilized or advertising a business not
in operation for a period exceeding 30 calendar days shall be considered
abandoned and therefore prohibited.
(2) Flashing and moving sign or device. Except as specifically permitted
and approved in accordance with this article, any moving sign or device
designed or used to attract attention, which may or may not including
flashing or movement, or devices displaying flashing, intermittent
or changing degree of intensity lighting, creating a special effect,
beacon, flutter, rotation or other movement, set in motion by movement
of the atmosphere or by mechanical, electrical or any other means,
shall be prohibited. This includes but is not limited to bunting,
pennants, pinwheels, propellers, streamers, balloons or other inflatables,
banners or discs, spotlights, searchlights and high-intensity illuminated
signs, except as specifically permitted and approved in accordance
with this article.
(3) Imitation of official sign. Any sign which is a copy or imitation
of an official sign, or which purports to have official status is
prohibited.
(4) Materials not intended for use as a sign. Any material not intended
for use as a sign, including but not limited to tires, shall be prohibited
for purposes of signage or advertising, unless expressly provided
by this article.
All freestanding or pole-type signs shall be set back 10 feet
from the curbline as it now exists.
A. Signs requiring a permit. Unless otherwise provided by this article,
all signs regulated herein shall require a sign permit. All signs
must comply with all the regulations contained herein, irrespective
of whether a sign permit is required. Any sign erected without securing
a required sign permit and approval of such shall be considered an
illegal sign for the purposes of this chapter.
B. Signs not requiring a permit. The following signs are allowed without
a permit provided they conform to any applicable standards herein
provided for the specific type of sign:
(2) Flags and insignia of any government, except when displayed in connection
with commercial promotions.
(3) Legal notices, identification or informational or directional signs
erected or required by governmental bodies.
(4) Signs directing and guiding traffic and parking on private property
but bearing no advertising matter and conforming to the regulations
set forth in the New York State Department of Transportation Manual
of Uniform Traffic Control Devices.
Application for the permit shall be made in writing, upon forms
prescribed and provided by the Code Enforcement Officer, and shall
contain the following information:
A. Name, address and telephone number of the applicant.
B. 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 and showing the lettering and/or pictorial matter
composing the sign, position of lighting or other extraneous devices,
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 the applicant
is not the owner thereof.
E. Name and address of the installer.
F. Insurance required before issuance of permit, including public liability
and workers' compensation.
The applicant shall remit, at the time of application, a fee
in accordance with a fee schedule adopted by resolution of the Board
of Trustees of the Village of Weedsport.
Upon examination of the building permit application by the Code
Enforcement Officer and compliance with all applicable Village laws
and payment of applicable fees, a permit shall be issued. The sign
authorized by this permit must be installed within 90 days from date
of issuance or the permit will become null and void. The permit may
be renewed, for good cause, within 30 days following date of expiration.
No sign, whether new or existing, shall hereafter be erected
or altered except in conformity with the provisions of this article.
However, notwithstanding any provisions contained herein, the sign
must be kept clean, neatly painted and free from all hazards, such
as, but not limited to, proper insurance coverage, 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.
A. After the effective date of this article, any sign which is still
in place 30 days after a business ceases to exist or closes down,
or advertises a product no longer sold, shall be removed. After the
thirty-day period, the Code Enforcement Officer shall notify the owner
of the premises in writing to remove the sign within 15 days of receipt
of notice, which shall be sent certified mail, return receipt requested.
B. If the Code Enforcement Officer shall find that any sign regulated
by this article is unsafe or insecure or is a menace to the public,
he shall give written notice to the owner of the sign and the owner
of the land on which the sign is located to remove or repair the sign
within 15 days of receipt of notice sent by certified mail, return
receipt requested. If the sign is not removed or repaired, the Code
Enforcement Officer shall revoke the permit issued and order the removal
of the sign immediately. All costs for removal shall be charged to
the property owner.
C. 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 sign is a sign which does not conform to the
provisions of this article but was in existence at the effective date
of the article and was lawful at the time it was established. Nonconforming
signs may be continued as long as they remain otherwise lawful. Any
alteration of a nonconforming sign shall require compliance with the
provisions of this article, including obtaining a permit therefor,
pursuant to the provisions of this article.
In the event of a violation of any of the foregoing provisions,
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 owner of the sign and the owner of the land shall thereupon
cause such sign to conform to the requirements of this article within
15 days from the date of receipt of said notice. Such notice shall
be sent certified mail, return receipt requested. In the event such
notice shall not be so conformed within 15 days, the Code Enforcement
Officer shall thereupon revoke the permit and so notify the permit
holder and/or landowner by certified mail, return receipt requested.
A. Any person aggrieved by any decisions of the Code Enforcement Officer relative to the provisions of this article may appeal such decision to the Zoning Board of Appeals of the Village of Weedsport as provided in Article
XX of this chapter and shall comply with all procedural requirements contained therein.