[HISTORY: Adopted by the Town Board of the Town of Victor 4-23-2007
by L.L. No. 5-2007. 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 Town by regulating
existing and proposed advertising, advertising signs, and signs of all types
which are intended to be viewed from outdoors and to thereby 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. 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. It also intends to permit businesses and professions
to make use of signage that is important to their individual and collective
success.
As used in this chapter, the following terms shall have the meanings
indicated:
Any nongovernmental flag, streamer, spinner, light, 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.
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 of the Town, appointed by the Town Board, charged with
the duty to enforce the Town Code.
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.
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.
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 Town of Victor.
The square footage of the smallest square or rectangle which will
enclose all elements which form the sign. Supporting structures will not be
considered as part of the sign surface area unless lit by their own specific
external light source. Freestanding signs may include an identical back without
counting the identical area. Any additional form not integral to the building's
architecture will be considered as part of the sign.
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.
Permit required. A sign permit shall be required prior to erecting a sign within the Town of Victor, except as provided in Subsection B of this section.
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)
Repair and replacement, in kind, of signs that conform
with this chapter.
(4)
Sale, lease, or open for inspection signs relating to
the real property transfers provided that such sign is no greater than six
square feet in area, and at least six feet from the public right-of-way and
does 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.
(5)
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 side may be used for the period of the event, and the preceding
30 days. An organization that advertises an event in excess of two times within
a calendar year must obtain a permit.
(6)
Traffic control signs provided that such signs do not
exceed two square feet.
(7)
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.
(8)
Signs required by law.
C.
Sign permits.
(1)
Sign permits shall be issued by the Code Enforcement
Officer for any business use signs in any zoning district.
(2)
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.
D.
Sign permit application.
(1)
All applications for a sign permit shall be made in writing
to the Code Enforcement Officer and containing the following information:
(a)
The name, address, and telephone number of the applicant,
and, if different, the name, address, and telephone number of the owner of
the land where the sign is to be erected.
(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 to scale not exceeding
one inch equals one foot illustrating the construction detail of the sign,
the lettering and/or the pictorial message of the sign, the color and positioning
of the sign, the position and height of other devices relating to the erection
of the sign, a location plan drawn to scale not to exceed one inch equals
20 feet showing the position of the sign on any buildings or structures, including
building elevation, and any private, or public right- of-way.
(d)
The zoning district in which the sign is to be placed.
(e)
A tape location or survey indicating the position of
setbacks relative to the position of any freestanding sign, and the location
and setbacks of all buildings on the property.
(f)
Identification of all other signs existing on the land,
and whether those signs conform with this chapter.
(g)
Written consent of the owner of the property on which
the sign is to be erected.
(h)
The signature of the applicant attesting to the accuracy
of the petition.
(2)
All applications for a sign permit shall be reviewed
by the Code Enforcement Officer within 30 days of submittal of a complete
application.
(a)
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 of the reason for the denial and served upon the
applicant.
(b)
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. Such
approval shall be valid for six months, within such time the applicant shall
notify the Code Enforcement Officer of completion of the installation of the
sign, and the Code Enforcement Officer shall inspect the installed sign for
compliance with the approval, and, if compliant, issue a certificate of compliance.
(c)
In the event that the Code Enforcement Officer finds
that the sign 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.
(d)
In those cases where an applicant does not wish to implement
the design conditions of approval outlined by the Code Enforcement Officer,
or upon request of the applicant, the matter may be referred to the Architectural
Review Committee of the Planning Board for an advisory opinion. In such cases,
the Architectural Review Committee shall recommend approval or disapproval
of such sign application in writing within 30 days from the date of referral,
and such recommendation shall be binding upon the Code Enforcement Officer's
determination. Nothing in this subsection shall alleviate the need for a variance
in the case of a sign that does not conform to the requirements of this chapter.
(e)
The Code Enforcement Officer's review of sign applications
and action thereon shall be ministerial in nature.
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)
No more than two typeface fonts may be used on any one
sign or group of signs indicating one message.
(5)
The number of different colors or shades of colors used
on one sign or group of signs shall be of a consistent theme.
(6)
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.
(7)
No sign within a residential district may be lit unless
it is a permitted sign for a permitted or special permitted business use or
permitted by the Zoning Board of Appeals.
(8)
Groups of related signs must express uniformity and create
a sense of harmony in appearance.
(9)
Freestanding signs shall be monument style as opposed
to pylon style.
(10)
No sign located within a speed zone of 35 miles per hour
or less shall exceed 20 square feet or be backlit regardless of the sign area
otherwise permitted by this chapter.
(11)
The Architectural Review Committee of the Planning Board
may, from time to time, create a brochure which visually illustrates the appearance
of signs consistent and inconsistent with this chapter. Such brochure is subject
to the review and acceptance of the Town Board. Such brochure is for illustrative
purposes only, and not determinative of the approval of any particular application.
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.
(6)
No freestanding sign requiring a permit shall be closer
then thirty-five (35) feet from the pavement of the public right-of-way.
A.
Business use signs are not permitted in any Residential
District or multiple dwelling except:
(1)
To identify a private club, golf course, church, bed-and-breakfast
or agricultural use, provided that a special use permit has been issued if
required and the special use permit authorizes the sign;
(2)
To identify a permitted home occupation, provided only
upon the determination of the Zoning Board of Appeals.
B.
Business use signs are permitted in Commercial, Commercial/Light
Industrial, Light Industrial or Planned Development District subject to the
following standards:
(1)
One freestanding monument building identification sign
may be installed which identifies the name of the building or plaza, but does
not identify any specific business. A building identification sign may be
freestanding, not to exceed 10 feet in height and 20 square feet in total
area.
(2)
A multiple use structure, such as a building, plaza,
or mall, may have a building-mounted directory sign not exceeding 10 square
feet in total area.
(3)
In addition to any building identification sign and directory
sign, each tenant of a building, or plaza with a separate entrance to a public
right-of-way, or parking area shall be entitled to an individual sign, the
total sign area for tenant signs shall not exceed one square foot for each
foot of building frontage belonging to the particular tenant, but in no event
shall a single sign exceed 20 square feet in speed zone of 35 miles per hour
or less. A tenant of a building is deemed to have its own separate entrance
and building frontage. Any sub-tenant of a principle tenant is limited to
sign area of the principal tenant as described within this section.
(4)
A single tenant may have two sign faces, subject to the
total sign area restriction within this section, when the tenant's space
within the building has frontage on two public rights-of-way.
(5)
An additional tenant identification sign affixed to the
building to be no greater in sign area than 1/2 of one square foot for each
foot of linear building frontage belonging to the particular tenant shall
be permitted only when the primary entrance and parking to the building are
at the rear of the building with respect to the public right-of-way, and no
parking exists at the portion of the building which abuts the public right-of-way.
(6)
A tenant identification sign must be mounted to the building
or plaza. Freestanding tenant identification signs are not permitted.
(7)
The Planning Board, in conjunction with a new site plan
review, may provide additional building identification and directory signs.
The Planning Board may not increase the total sign area permitted for a specific
building or tenant sign.
(8)
Assigned street numbers must be displayed and shall not
be counted against the sign area.
A.
Posted fliers are not allowed in Residential Districts
or in a public right-of-way in any district, and may be removed by the Code
Enforcement Officer without notice.
B.
Moving signs, including flashing, blinking, animated,
rotating, or projected surfaces that change with time. Time and temperature
displays are not prohibited by this section, nor are message boards, provided
that message is not changed more than once per day.
C.
Neon signs, with the exceptions of a single sign indicating
the word "OPEN" during business hours within a window and in accordance with
window signs as regulated by this chapter.
D.
Unrelated signs. Business use signs must advertise a
bona fide business conducted on the premise where the sign is located.
E.
Reflective surfaces signs.
F.
Roof signs.
G.
Temporary signs, except temporary signs advertising an
event may be placed up to 30 days prior to the event advertised. A temporary
sign may only advertise the same type of event twice in the same calendar
year, and shall not require a permit. The Code Enforcement Officer may remove
a noncompliant sign without notice.
H.
Attention-getting devices such as balloons, nongovernmental
flags, streamers and the like may be used to advertise an event for no more
the three consecutive days, and not more that 10 times in a calendar year.
I.
A flag indicating that a business is open may be flown
only during business hours. No more than one such flag per building if attached
to a building, and no more than one such flag per site entrance if detached
from a building. The Code Enforcement Officer may remove a flag without notice.
J.
Price signs are prohibited except for gas stations within
100 feet of the closest gas pump, and where required by County, state or federal
law.
K.
Signs that cause a traffic hazard by obstruction, position,
shape, or wording or symbols that confuses vehicle traffic, and may be removed
by the Code Enforcement Officer without notice.
L.
Sandwich board and portable signs may be used, 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. Sandwich board
and portable signs must be displayed within 25 feet from the business entrance,
and not conflict with pedestrian or vehicular traffic. Such sign must comply
with the regulations concerning temporary signs and attention-getting devices
above. Noncompliant sandwich board signs may be removed by the Code Enforcement
Officer without notice.
M.
Billboards, or other structures designed for the purpose
of renting or leasing space for the purpose of displaying advertisements toward
vehicular traffic.
N.
Signs which permanently advertise a particular brand
that a business offers for sale.
O.
Signs that produce vapors, smoke, particles, or noise
may be removed by the Code Enforcement Officer without notice.
P.
Illegible signs and signs in disrepair may be removed
by the Code Enforcement Officer without notice.
All signs not in compliance with any provision of this chapter, upon
the effective date specified herein, shall be deemed nonconforming.
A.
A nonconforming sign shall be removed or brought into
conformity with the requirements of this chapter upon a change in use.
B.
A nonconforming sign related to an existing use shall
be removed or made conforming prior to the issuance of any subsequent sign
permit for such use.
C.
Applications for sign approval and sign permit for the
replacement of an existing nonconforming sign to a legal conforming sign which
is submitted before two years from the effective date of this chapter shall
be exempt from all applicable fees required by this chapter but not from any
subsequent fees.
A.
It shall be the duty of the Code Enforcement Officer
or his delegate to administer and enforce the provisions of this chapter.
B.
When violations occur under this chapter, the Code Enforcement
Officer shall cause notice to be given to the owner or occupant of the premises
on which the sign is located, or to the agent of either, or person receiving
the benefits from the offending sign. Said notice may be given by first class
mail, or by issuance and service of a notice of violation. If any of said
persons fail to abate said violation within five days after such notice has
been personally served upon them, or within 10 days after such notice has
been sent to said persons by first class mail at their home or business address,
said persons shall be subject to a civil penalty of $250 for each and every
day that said violation continues, recoverable by suit brought by the Code
Enforcement Officer in the name of the Town of Victor, and to be retained
by the Town of Victor.
C.
The Code Enforcement Officer or authorized representative
may serve a written stop-work order upon the applicant or other person who
commits or assists in any such violation requiring the correction of any violation
of this chapter.
D.
The Code Enforcement Officer, on behalf of the Town of
Victor, may maintain an action for an injunction to enjoin violations of this
chapter.
E.
Any person violating any provisions of this chapter or
of any notice or order issued hereunder shall be guilty of disorderly conduct
and shall be deemed to be a disorderly person and, upon conviction, shall
be subject to a fine not exceeding $100 for each violation. Each day that
a violation continues shall constitute a separate offense punishable by the
foregoing fine. The Code Enforcement Officer is hereby empowered to issue
appearance tickets for violations of this chapter. A digital camera photograph
with time and date stamp showing a portable sign displayed or maintained out
of doors at a time other than permitted shall be prima facie evidence of a
violation of that section.
F.
A permit issued pursuant to this chapter may be revoked
by the Code Enforcement Officer if it appears that the sign erected pursuant
to the permit no longer conforms to the provisions of this chapter. Notice
of revocation may be delivered personally or by first class mail; revocation
shall occur immediately in the case personal delivery and after 10 days when
delivery is by regular first class mail.
G.
The remedies provided herein shall be cumulative and
shall be in addition to any other remedies provided by law.
All fees associated with this chapter shall be charged to applicant pursuant to Chapter 27 of the Victor Town Code.
All signs in the Town of Victor 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.
A.
All appeals from a ruling or determination of an administrative
officer made hereunder shall be taken to the Zoning Board of Appeals. All
decisions made in accordance with the provisions of this chapter shall be
filed in the office of the Town Clerk.
B.
Every request for a variance from the provisions hereof
on the ground that the strict application of this chapter shall work an injustice
by reason of practical difficulty shall be taken before the Zoning Board of
Appeals.
C.
Applications for renewal of a variance shall be supported
by the same quantum of evidence required for the initial grant. The Zoning
Board of Appeals may impose reasonable condition to the granting of a variance,
which may include durational limitations.
D.
Except as otherwise provided above, the procedure before the Zoning Board of Appeals shall be governed by the applicable provisions of Chapter 211 of the Code of the Town of Victor and the Town Law. Review of determinations made hereunder by the Zoning Board of Appeals shall be governed by Article 78 of the New York Civil Practice Law and Rules and the Town Law. Any such proceeding shall be commenced within 30 days of the filing of the decision sought to be reviewed and served upon the Code Enforcement Officer and the Town Clerk.
E.
Review of determinations made hereunder by the Planning
Board shall be governed by Article 78 of the New York Civil Practice Law and
Rules and the Town Law. Any such proceeding shall be commenced within 30 days
of the filing of the decision sought to be reviewed and served upon the Code
Enforcement Officer and the Town Clerk.
F.
Abandonment of variance. If a sign for which a variance
has been granted hereunder is not erected within one year from the date of
the 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 effect.
