[HISTORY: Adopted by the Board of Trustees
of the Village of Scotia 9-12-2001 by L.L. No. 3-2001.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 205, Signs, adopted 8-13-1969 as Ch. 9, Art. IV, of the
1969 Code of Ordinances, as amended.
Signs are a necessary means of visual communication
that can detract from or benefit the character of the Village of Scotia.
It is the intent of this chapter to manage signs to avoid visual blight,
to promote economic and community development and to protect the public
health, safety and welfare. Signs may be erected and maintained in
the Village of Scotia only when in compliance with the following provisions.
At no time should these provisions be interpreted to regulate any
aspect of the content of any sign.
A.
No sign shall cause glare or reflection that may constitute
a traffic hazard or public nuisance.
B.
No sign shall be erected at any location where it
may interfere with any authorized traffic sign.
C.
No sign shall produce sound.
D.
Other than window signs, no sign shall be constructed
of glass.
E.
No sign shall be constructed using mirror or mirror-like
surface or any day-glow or other fluorescent paint or pigment.
F.
No sign shall contain or be illuminated by flashing,
intermittent, rotating or moving lights. All luminous signs, indirectly
illuminated signs and lighting devices shall employ only lights emitting
light of constant intensity. All light sources and immediately adjacent
reflecting surfaces shall be shielded from open view from rights-of-way.
All external sign light sources must be within five feet of the sign
or sign structure.
G.
No non-exempt sign or part thereof shall contain any
banner, pennant, ribbon, streamer, spinner, balloon or other similar
moving or fluttering devices.
H.
No sign or any structural parts thereof shall have
motion other than incidental motion created by wind.
I.
No signs shall he placed, painted or drawn upon trees,
man-made or natural features (excluding buildings on the site), on
utility poles, bridges, culverts, towers or similar structures, not
intended to hold a sign.
J.
No sign shall extend beyond the height and width of
the building upon which it is mounted.
K.
No sign shall be attached to or placed upon any portion
of a fire escape.
L.
No sign shall be erected that will in any way interfere
with the activities of the Fire Department.
M.
All structural supports for a sign shall be excluded
from the square foot measurements.
N.
Site plan approval is required to erect or make alterations
to non-exempt signs on a property that has undergone any prior site
plan approval.
The following signs are specifically prohibited
by this chapter:
A.
Roof signs. Roof signs are signs mounted on roofs
other than mansard roofs.
B.
Portable signs on wheels, carts, trailers or any other
device which allows the sign to be moved. Portable signs do not include
sandwich board signs.
C.
Fabricated coverings customarily used to cover display
of soda cases, stacks of tires, or wood and other similar items for
the purposes of advertising are considered a sign and are prohibited.
The following types of signs are allowed without any municipal approval or permit. Any such sign shall not exceed the maximum dimensional, height, number of faces or area requirements stated herein. If such requirements are not stated in this section, the maximum dimensional, height or area requirements of the table in § 205-6 shall apply, except for table requirements for "letter height" and "distance from any other freestanding sign."
A.
Temporary on-premises signs. All such signs shall
be no greater than six square feet per face.
(1)
One, temporary, nonilluminated sign on said property
advertising the sale or lease of said property. Such sign shall be
removed within five days of lease or transfer of title of said property.
(2)
Temporary, nonilluminated signs on said property advertising
the sale of merchandise, special event or general marketing information.
Such signs may be placed seven days prior to the sale or special event
and shall be removed within three days after the sale or special event,
but in no case shall a general marketing sign be displayed for a period
longer than 60 days.
B.
Temporary off-premises signs. Any residential property
owner or not-for-profit group is permitted to place single temporary,
nonilluminated signs which advertise a special event, sale or fundraising
event. No temporary off-premises sign which advertises a for-profit
business event is allowed. Temporary off-premises signs may be displayed
no more than 10 days prior to the event and must be removed one day
after the event.
C.
Election signs. All signs advertising a candidate
for public office or any other public ballot initiative. Such signs
may not be displayed on Village of Scotia lands or rights-of-way.
D.
Public safety signs. Nonilluminated signs offering
information necessary for public safety such as customary no trespassing
signs, private drive, parking, or exit/entrance signs along with other
signs required pursuant to any governmental function, law or regulation.
E.
Historical signs/markers. All historical, memorial
or directional markers, when not associated with a commercial activity,
such as flags, insignia or emblems of any government or religious
organization.
F.
Construction signs. One sign identifying the parties
involved in the design, financing and/or provision of labor and materials
associated with a construction or renovations on the premise is allowed.
Such signs shall be removed upon completion of the work or prior to
the issuance of any certificate of occupancy or final building inspection
before use. All construction signs are limited to six feet in height,
six square feet per face and two faces.
G.
Home occupation. One nonilluminated sign stating name
and vocation only may be erected as a building sign or freestanding
sign for professional office/home occupation use. Home occupation
signs are limited to 1 1/2 square feet per face. Freestanding
home occupation signs are limited to six feet in height and two faces
and must be set back 10 feet from all public rights-of-way.
H.
Temporary banners and posters. All banners, pennants,
posters and the like must be attached to a building and maintained
in original condition. Such signs may not exceed 30 square feet per
face and may be displayed no more than 60 days.
A.
All signs shall comply with the standards established
in the Village of Scotia Design Guidelines (if applicable) and be
guided by the Village of Scotia Sign Guidelines.
B.
When erecting a new sign or placing another sign on
an existing sign support structure, the Building Inspector or Planning
Board, when in their judgment they find that the support may be excessive
and oversized for the sign(s) to be placed upon it, shall require
the applicant to supply written verification by a licensed New York
State engineer or architect stating that the sign support structure
is minimally sufficient and not excessive or oversized for supporting
the sign(s) and withstanding a 50 mph wind pressure; or the Building
Inspector or Planning Board, when in their judgment they find that
the support may be insufficient and undersized for the sign(s) to
be placed upon it, shall require the applicant to supply written verification
by a licensed New York State engineer or architect stating that the
sign support structure is sufficient and not undersized for supporting
the signs and withstanding a 50 mph wind pressure.
C.
It shall be the responsibility of the property owner
and/or sign owner to maintain all signs and sign structures in a neat
and orderly condition. Torn, faded, peeling, worn, broken or otherwise
soiled or damaged materials shall be restored or replaced so as to
maintain the sign in its original condition.
D.
Signs of hollow construction and extending over a
sidewalk shall be provided with weep holes sufficient to properly
drain said signs without dripping on passing pedestrians.
A.
For every one linear foot of frontage along a public
right-of-way, a commercial property may have a maximum of 1.5 square
foot of signage. In no case shall the maximum square footage of all
permitted signs on a property exceed 300 square feet.
B.
The table below shows the requirements for permitted
signs:
|
Freestanding Signs
|
Building Signs
| ||||||
|---|---|---|---|---|---|---|---|
|
Requirements
|
Low Rise Signs
0 - 5'
|
Medium Rise Signs
Greater than 5' - 8'
|
High Rise Signs
Greater than 8' - 16'
|
Wall Signs
|
Projecting Signs
|
Awning Signs
|
Canopy Signs
|
|
Sign area per face (square feet) (maximum)
|
30
|
30
|
30
|
60
|
20
|
50% of flap area
|
12
|
|
Sign faces permitted per sign (maximum)
|
2
|
2
|
2
|
1
|
2
|
1
|
1
|
|
Height to top of sign (maximum feet)
|
5
|
8
|
16
|
16
|
16
|
9
|
10
|
|
Horizontal dimension of sign structure (maximum feet)
|
20
|
12
|
8
|
NA
|
8
|
NA
|
NA
|
|
Ground clearance in public right-of-way (minimum feet)
|
NA
|
NA
|
10
|
See Note (1)
|
10
|
8
|
8
|
|
Letter height (inch maximum)
|
NA
|
NA
|
NA
|
NA
|
NA
|
8
|
8
|
|
Distance from any other free-standing sign (minimum
feet)
|
50
|
50
|
50
|
NA
|
NA
|
NA
|
NA
|
|
Projection into public right-of-way (maximum feet)
|
0
|
0
|
4
|
1
|
6
|
6
|
6
|
|
Distance from carriage way (minimum feet)
|
NA
|
NA
|
2.5
|
2.5
|
2.5
|
2.5
|
2.5
|
|
NOTES:
| |
|---|---|
|
NA = Not applicable
| |
|
(1)
|
Projection of less than 4" = 0'
|
|
Projection of greater than or equal to 4" = 10'
| |
Permit required. A sign permit is required before erecting or making alterations to any sign not exempt under § 205-4 within the Village of Scotia.
Written application shall be made to the Building
Inspector on a form provided by the Village. Application may be made
by the owner or by the lessee of the property upon which such sign
is to be placed. The property owner must sign the application or issue
a notarized statement of agreement.
A.
Every application for erecting or altering a sign
shall be accompanied by:
(1)
A plot plan to scale with dimensions (including property
lines, setbacks and any sign projections into public right-of-way)
showing all buildings, structures, driveways and parking lots, all
signs on the property, and distances between freestanding signs.
(2)
Elevation drawings to scale or photos of each existing
and proposed sign showing all dimensions and views of the signs (drawings
or photos of signs on buildings shall show the building, too), the
area of the sign, sign lighting, material to be used for new signs
and material used for existing signs, specifications and construction
details for new signs.
(3)
Any other information the Building Inspector and/or
Planning Board shall require to show full compliance with this and
all other laws and requirements of the Village of Scotia.
B.
Should work authorized under the permit not be completed
within one year after the date of issuance, the permit shall automatically
expire and become null and void. Incomplete installations shall be
removed within 30 days of permit expiration.
C.
A permit shall be issued only for any proposed sign
or sign alteration that is in compliance with all the requirements
of this chapter.
A permit fee in the amount specified in a fee
schedule established by the Village Board of Trustees shall be paid
upon issuance of a sign permit.
A.
It is the intent of this chapter to grandfather signs
existing at the time of adoption of this chapter; however, the maintenance
standards which apply to new signs under this chapter shall apply
to signs existing prior to the adoption of this chapter.
B.
After eight months of the effective date of this chapter,
any property undergoing site plan review or architectural review shall
have all existing and proposed signs reviewed by the Planning Board
during such review to determine if each and all signs on a property
are in compliance with this chapter. Each and all signs found not
to he in compliance shall be brought into compliance or removed within
a time period specified by the Planning Board. Plans for bringing
signs into compliance shall be approved by the Planning Board.
C.
When alterations are made to a nonconforming sign on a property that is not subject to the site plan or architectural review provisions of § 205-10B above, only the altered sign and supporting structure shall he made to comply with all the provisions of the chapter except for the following:
D.
Nonconforming signs that are designated by the Zoning Board of Appeals as landmark signs may be maintained perpetually and are exempt from §§ 205-2, 205-3, and 205-4. Such signs must be maintained in good condition. A nonconforming sign may be designated a landmark sign when the Zoning Board of Appeals, with the advice of the Historical Society of Scotia, finds it to be of artistic, historic, or landmark significance that is unique to the Village of Scotia. Application for designation as a landmark sign shall be made to the Zoning Board of Appeals and clearly state why it should be considered for such designation. Should the name of the business advertised change on a sign designated as a landmark sign, the sign shall lose its landmark designation and be required to comply with all the provisions of this chapter. No alteration may be made to a landmark sign.
A.
Any sign, together with all supporting structures
now or hereafter existing, which no longer advertises a bona fide
business conducted or product sold shall be taken down and removed
by the owner, agent or person having the beneficial use of the building,
structure or lot upon which such sign may be found within 30 days
after written notification from the Building Inspector.
B.
If the Building Inspector shall find that any sign
or advertising structure regulated herein is unsafe or unsecure or
is a menace to the public, he shall give written notice to the property
owner, who shall remove or repair the sign or advertising structure
within 10 days from the date of the notice. Such notice shall be given
by either personal service or by first class mail addressed to the
last known owner at his or her last known address as shown on the
tax rolls of the Village. If the sign or advertising structure is
not removed or repaired within the time period, the Building Inspector
may cause it to be removed or to be repaired.
C.
The Building Inspector may cause any sign or other
advertising structure, which is an immediate peril to the health or
safety of persons or property, to be removed summarily and without
notice.
D.
Any expense incident thereto for removal or repair
of sign or other advertising structure as stated above shall be paid
by the property owner. The Village Clerk-Treasurer shall make such
billing to the property owner. If payment is not received within 60
days of the billing, the amount shall be added to the Village property
tax for said property.
The Building Inspector is hereby authorized
to enforce the provisions of this chapter.
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction thereof, be punishable
by a fine of not more than $250 or imprisonment for a term not to
exceed 15 days, or both.
Any conflict in local laws will be deemed as
this chapter having authority.
Unless otherwise expressly stated, the following
terms shall have the meanings indicated:
Any change in size, location, lighting or structural support
of a sign.
A sign attached, painted or embroidered on the canvas flap
portion of a traditional awning that hangs down from a roller.
A sign attached, painted or embroidered completely on the
portion of a canopy that is essentially parallel to the vertical face
of the building upon which the canopy is mounted.
A sign attached to a building wall or structure that projects
horizontaly more than 12 inches from the face of the wall or structure.
Any display of lettering, numbering, logos, designs, colors,
lights, or illumination visible to the public from outside of a building
or from a public right-of-way, which either conveys a message to the
public, or intends to advertise, direct, invite, announce or draw
attention to, directly or indirectly, a use conducted, events, goods,
products, services or facilities available.
The area of a sign is equal to the area of the smallest horizontally
oriented rectangle that will encompass all the message parts of the
sign.
A sign that is painted on or attached to the outside wall
of a building, with the message of the sign essentially parallel to
the wall and extending not more than one foot from the face of the
wall.
Should any section or provision of this law
be declared unconstitutional or invalid by the courts, such decision
shall not affect the validity of the balance of this chapter.
[Added 6-11-2014 by L.L. No. 11-2014]
A.
Permitted only in areas zoned General Business, Retail Commercial
and Waterfront.
B.
Only one EMB sign (one- or two-sided) will be permitted per property.
C.
An EMB sign shall not be the only sign indicating the business name
on property.
D.
EMB and LED signs shall be erected as either a wall/facade sign or
monument/ground sign.
E.
Shall not exceed 24 square feet in sign display area, on each side
of the sign.
G.
There shall be no scrolling, flashing or animation of any message
or portion thereof.
H.
The static display time of each changeable message or image shall
be a minimum of one hour.
I.
The maximum length of time between change of messages or images shall
be two seconds.
J.
The change of message or image shall occur simultaneously for the
entire sign face.
K.
During daylight hours, the maximum illumination shall be 5,000 nits
(or candelas per square meter), with a maximum illumination of 500
nits between dusk and dawn, as measured from the sign's face
at maximum brightness.
L.
EMB and LED lights must be turned off at the close of business.
M.
In no case shall the total square footage of all permitted LED and
EMB signs on property exceed 48 square feet.
