Village of Victor, NY Chapter 130 Signs

[HISTORY: Adopted by the Board of Trustees of the Village of Victor 4-16-2018 by L.L. No. 3-2018.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law also repealed former Ch. 130, Signs, adopted 7-21-2008 by L.L. No. 3-2008, as amended.

§ 130-1 Legislative purpose and intent.

A. The Village Board finds that Victor's historical character and attractive buildings have a substantial positive impact on property values, the business climate, land use and the general welfare of its citizens and visitors. Signs have a substantial effect on the historical character, building use, appearance and value, which may be positive or detrimental. It is, therefore, the intent of this chapter to promote and protect property values, create a more attractive business climate, enhance and protect the physical appearance of the community, provide a more enjoyable and pleasing community and encourage the most appropriate use of the land.

B. This chapter is adopted to regulate the use of signs in order to promote signs, which are:

(1) Compatible with surroundings, meaning that every sign shall be designed as an integral architectural element of the building and site to which it principally relates.

(2) Orderly, readable and safe.

(3) Harmonious in terms of color, materials and lighting with the building to which it relates.

(4) Non-distracting to motorists.

§ 130-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

LIGHTING DEVICE

Any light, string of lights or group of lights located or arranged to cast illumination on a sign.

SIGN

Any material, structure or device, or part thereof, 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 interior window display area, for display of advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs and painted wall surfaces, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business.[1]

SIGN, BANNER

A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such nonrigid material for background.

SIGN, DIRECTIONAL

Signs erected for the purpose of guiding vehicular traffic into, through, or out of parking lots or areas. Words and symbols painted on the road surface or required signage such as handicapped signs are not directional signs.

SIGN, FREESTANDING

See "ground sign."

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

SIGN, GROUND

A sign supported by uprights or braces in or upon the ground surface and not attached to any part of a building. A ground sign may have a sign on each of two separate faces.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

SIGN, ILLUMINATED

A sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.

SIGN, MARQUEE

A wall sign that identifies multiple businesses on the same property.

SIGN, MESSAGE

A sign on which the visual message may be periodically changed or rotated.

SIGN, MONUMENT

A ground sign identifying multiple businesses on the same property.

SIGN, NEON

A sign consisting of glass tubing, bent to form letters, symbols, or other shapes and illuminated by neon or similar gas through which an electric voltage is discharged.

SIGN, NONACCESSORY

A sign unrelated to a business or profession conducted or to a commodity of service sold or offered upon the premises where such sign is located.

SIGN, POLE

A sign, mounted on a single pole or post, with the bottom of the sign at least six feet above grade.

SIGN, PORTABLE

Any sign that is self-supporting and not structurally attached to the ground and designed to be readily movable. A-frame signs are an example of a portable sign.

SIGN, PROJECTING

A sign installed perpendicular to the exterior of a building.

SIGN, REALTOR/DEVELOPER

A sign that advertises the sale, lease or rental of a property by owner or a party other than owner.

SIGN, TEMPORARY

A sign advertising a commercial use's special sale or promotion. Not-for-profit, charitable and political organization's signs are specifically excluded.

SIGN, WALL

A nonprojected sign attached flat to the face of the building.

SIGN, WINDOW

A sign that is painted or mounted onto a windowpane, or that is hung directly inside a window for purposes of viewing from outside of the premises. This term does not include merchandise located in a window.

[1] Editor's Note: The former definition of "sign, accessory," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 130-3 Permits; review and approval; appeals.

A. Permits. A permit shall be required for any sign erected in the Village of Victor, except as provided in Subsection B of this section.

B. Exceptions. The following signs do not require permits:

(1) Signs bearing the name of the principal occupant and/or the street address of a private dwelling. Such signs shall not exceed one square foot.

(2) Professional nameplates. Such signs shall not exceed four square feet.

(3) Signs denoting that a property is for sale, lease or rental of the premises upon which the sign is located. Such signs shall be limited to one per street frontage, not be illuminated, not exceed four square feet, not exceed five feet in height, and be situated at least 10 feet from the street.

(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 side 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.

(5) Signs denoting architect, engineer or contractor, placed on the premises where construction, repair or renovation is in progress. Such signs shall not exceed four square feet.

(6) Historic signs or tablets and signs denoting only date of erection and other historic information of homes and buildings. Such signs shall not exceed four square feet, and shall not be located within the public right-of-way.

(7) Signs required by Village, town, county, state and federal law.

(8) Single warning or clearance signs necessary for the safety of the public. Such signs shall not exceed two square feet.

(9) "Debit," "credit" or "ATM" decals, operating hours, invitee restrictions, legal notices/warnings, or community event posters.

C. Sign permits.

(1) The Code Enforcement Officer shall issue signs permits as provided by this chapter.

(2) After receipt of all required data, the Code Enforcement Officer shall review the application for conformity with this chapter and any other applicable local and state laws, then refer the application to the Planning Board within 30 days.

(a) Exception: The Code Enforcement Officer may approve permits without Planning Board approval for temporary signs, as described in § 130-5B(4).

(3) The Planning Board shall grant approval or disapproval of the sign application, other than temporary signs, within 30 days of receipt of all required data.

D. Applications. An application for a sign permit shall be made in writing to the Code Enforcement Officer and shall contain the following information:

(1) The name, address and telephone number of the applicant. The name and address of the owner of the involved property shall also be stated in the event that the applicant is not the owner thereof.

(2) Survey map or tap location map showing the location of the building, structure or land to which or upon which the sign is to be erected.

(3) Detailed professional drawings of the proposed sign shall include the following information:

(a) Lettering and/or pictorial matter composing the sign.

(b) Color of the sign.

(c) Drawing of the building showing size.

(d) Construction materials and construction and mounting details.

(e) Type, location and intensity of any lighting devices.

(f) A location plan showing the position and height of the sign on any building, structure or land and its position relative to all adjacent structures, property lines and any private or public street, highway or sidewalk.

(4) For all signs, objects or devices overhanging public property or public access, the applicant shall provide proof of liability insurance coverage in the amount of $500,000. Additionally, a hold harmless agreement as provided by the Village must be executed with the Village.

E. Approval considerations:

(1) All signs shall be erected and constructed in a fashion so as not to obstruct traffic, cause visual blight or detract from the value property adjacent to that property.

(2) In reviewing sign applications or signs that require review, the Planning Board will take into consideration the following:

(a) Whether the sign would be compatible with surroundings, specifically: whether it is designed as an integral architectural element of the building and the site to which it principally relates.

(b) Design, including size and character of lettering, logos and related contents.

(c) Materials and texture. Signs, except temporary signs, shall be constructed such that they appear to be made of wood, metal or other natural material. Vinyl, plastic or plastic-like materials shall be textured to appear to be made of natural materials. Sample materials must be brought to the Planning Board for review.

(d) Colors.

(e) Lighting and illumination.

(f) Orientation and location.

F. Appeal. A party aggrieved by the determination of the Planning Board or Code Enforcement Officer with respect to an application for a sign permit may, within 30 days of the decision, appeal the Planning Board or Code Enforcement Officer's decision to the Zoning Board of Appeals of the Village of Victor.

§ 130-4 Appearance, design, and construction.

A. Measurement.

(1) Sign sizes shall be determined by the complete area of the sign, exclusive of any supporting structure or framework incidental to the display.

(2) Signs consisting of individual letters or symbols directly attached to a building, wall, or window, the area shall be considered to be that of the smallest rectangle or series of rectangles that encompasses all of the letters and symbols.

B. Types.

(1) Freestanding, projecting, monument, marquee, and wall signs are permitted.

(2) Directional signs, with a maximum of two square feet, are permitted.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Illumination.

(1) Signs shall only be illuminated with steady, stationary, shielding light sources, without causing glare or casting light off the sign.

(2) Internally lit signs shall be muted. The light source must be shielded and shall not cause glare.

D. Colors. Colors should be traditional, historical and indicative of the region. The Planning Board will make available palettes of colors that represent our Northeast region. Additional preferable colors are black, white and gold leaf. Fluorescent and neon colors are prohibited.

E. Construction and installation.

(1) All signs shall comply with the Uniform Fire Prevention and Building Code.

(2) Use of flags, balloons, ribbons, streamers, spinners or other moving attention-getting devices shall be limited to a period of 30 days once per calendar year.

(3) No sign shall interfere with utility line clearance.

(4) 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.

(5) No sign shall interfere with sight distances or otherwise interfere with the operation of a traffic light, traffic directional control or any traffic or pedestrian visibility.

(6) No sign shall project into a public right-of-way.

(7) No sign shall be situated between the curb and sidewalk.

(8) No sign shall be erected on the roof or mansard fascia of any building or structure.

(9) No sign shall be erected or maintained on the face of a building so that any portions thereof shall extend above the base of roofline, in the case of a one-story building, or in case of a multistory building, shall not be above the level of second floor of building.

§ 130-5 Use regulations.

A. Signs permitted in all districts.

(1) Signs customarily used to identify places of worship, cemeteries, public schools, libraries, museums, societies, social clubs and similar nonprofit-type uses. The total square footage shall not exceed one square foot per linear foot of building face, not to exceed 30 square feet.

(2) Signs identifying multiple-family dwelling projects of more than five units or subdivision development. Such signs shall not exceed 20 square feet in area.

B. Signs permitted in business and industrial districts shall adhere to the following standards:

(1) Single buildings.

(a) One wall sign per occupant shall be permitted for building elevation facing each public street and/or parking lot. The area of this sign shall not exceed 1/2 square foot per linear foot of the respective building elevation occupied by the commercial establishment, but not more than 30 square feet.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) The aggregate area of signs shall not exceed one square foot per linear foot of the respective building elevation.

(c) A single building entrance sign shall be permitted per occupant. Such signs cannot exceed two square feet and must be situated in a group near the entrance it is indicating.

(d) One ground sign may be installed near the primary entrance. Such sign shall be a maximum of 16 square feet and no more than five feet high.

(e) Wall and building entrance signs shall be compatible with one another in style, material, color and lettering.

(2) Multiple-building complexes.

(a) Each building shall conform to the single-building standards as described above.

(b) One ground sign may be installed near the primary entrance. Such sign shall be a maximum of 16 square feet and no more than five feet high.

(c) A single one-sided directory sign may be installed as per the following:

[1] Maximum area of one square foot per tenant.

[2] If freestanding, can be no more than five feet high and placed such that it in no way obstructs vehicular or pedestrian visibility.

[3] Individual components must conform to one another in size, style, material, color, and lettering.

[4] Such sign can only contain identification and direction to the various commercial uses.

(3) A maximum of two directional signs may be installed. Such signs shall not exceed two square feet, be no closer than five feet from any lot line, be no more than four feet high, and limited to the words "In," "Out," "Entrance," or "Exit."

(4) Temporary signs.

(a) All signs of a temporary nature (as specifically defined in this chapter, excluding signs covered elsewhere in this chapter) may be granted a temporary permit for a period not to exceed 30 days.

(b) No business may have more than four temporary signs within one calendar year.

(c) Such signs shall not exceed 16 square feet.

(d) Temporary signs shall not be specifically illuminated beyond existing lighting.

(e) Temporary signs shall be attached to the building.

(5) Portable signs.

(a) Portable signs shall be displayed only during business hours.

(b) Such signs shall be situated on the property of the business.

(c) Portable signs shall not obstruct pedestrian traffic.

(d) Portable signs shall be 24 inches wide and 42 inches high when closed.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(e) Portable signs shall be consistent in form, color, lettering, and design with existing signs on the building.

(f) One portable sign is permitted per tax parcel, regardless of number of businesses.

(g) The owner of the sign shall keep on file with the Village a certificate of liability insurance with limits of at least $500,000. Additionally, a hold harmless agreement, as provided by the Village, shall be executed with the Village prior to review by the Planning Board.

(6) Projecting signs.

(a) No projecting sign shall be erected or maintained from the face of a building a distance of more than four feet, nor shall any such sign exceed three feet in height or provide less than eight feet in clearance between grade level and the bottom of the sign.

(b) The maximum size of said sign shall be 10 square feet.

(c) If the projecting sign overhangs public property or access, the owner of the sign shall keep on file with the Village a certificate of liability insurance with limits of at least $500,000. Additionally, a hold harmless agreement, as provided by the Village, shall be executed with the Village prior to review by the Planning Board.

(7) Message signs. Message signs may be permitted in charitable, government, and public assembly commercial uses. Such signs shall be limited to three lines and may use only letters and numbers of similar font.

(8) Window and door signs.

(a) Window and door signs are permitted, with a permit, as described in this section.

(b) Window and door signs, providing they comply with this section, do not count towards the area of wall signs.

(c) Any sign, which is painted or mounted onto a windowpane, shall not exceed 30% of window area and must be on the interior surface of the windowpane.

(d) Any sign which is painted or mounted onto a windowpane on a door shall not exceed 20% of the door's window area and must be on the interior surface of the windowpane.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(e) Hours of operation, property addresses, community event posters, and signs indicating "open" shall not be counted towards the window and door sign area.

(f) Neon signs, other than those indicating "open," shall count towards the 30% window area.

(g) Seasonal and holiday greetings shall be exempt, provided they are in place no earlier than three weeks prior to the season or holiday and removed within 48 hours from the end of the holiday.

C. Special use permit. The Planning Board is hereby authorized to issue a special use permit for a ground sign that advertises businesses in remote locations as described in this section.

(1) Eligibility. Businesses must fit all of the following criteria to be included on a ground sign under this section:

(a) The applicant must be a bona fide business in the Business or Industrial District operating on a premises in the Village that does not adjoin a major roadway. The major roadways are Maple Avenue, High Street, Main Street, School Street, Rawson Road, Adams Street or Framark Place.

(b) Applicants must, wherever feasible, share a single ground sign with all other businesses which are similarly situated.

(c) Wherever feasible, applicants shall utilize existing signs.

(d) Applicants shall either own the property upon which the sign is to be located or provide the owner's written consent with the application.

(2) Criteria for a ground sign special use permit.

(a) The Planning Board shall grant a special use permit for a ground sign in accordance with this section where the Planning Board determines that the need for local businesses to identify their existence and location on a major roadway outweighs the interest of the Village and its residents in minimizing the number and clutter of signs along the major roadways.

(b) The Planning Board shall determine the precise location of any sign for which a special use permit is granted. In doing so, the Planning Board shall minimize the cluttering of signs, maintain the best practicable sight lines for drivers and maximize the clarity with which the sign identifies the businesses and the business locations advertised on the sign. Except in unusual circumstances, in order to preserve the best practicable sight lines for drivers, signs shall be at least 24 feet from a major roadway and at least 18 feet from any roadway.

(c) The Planning Board shall determine the number of panels to be included on any approved sign. To the extent feasible, the Planning Board shall require a sufficient number of panels upon any approved sign to allow current and reasonably anticipated future businesses which are (or are likely to be) similarly situated to advertise on the same sign.

(d) Signs under a special use permit shall conform to all other sections of the Code, except individual businesses utilizing a sign authorized by special use permit shall not have any other ground signs.

(e) Signs shall be no more than six feet in height, except that signs previously existing will be allowed to maintain their current height.

(f) Individual businesses shall be allowed one panel on a ground sign. The aggregate of all panels shall not exceed 50 square feet.

(g) Maintenance of the sign shall be the responsibility of the owner of the parcel on which the sign is located.

§ 130-6 Prohibited signs.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The following signs are prohibited in the Village:

A. Signs promoting services outside the Town or Village of Victor.

B. Unrelated signs. Business use signs must advertise a bona fide business conducted on the premises where the sign is located unless authorized by a special use permit.

C. Pole-mounted signs.

D. Signs illuminated by the use of flashing, intermittent, rotating, or moving lighting.

E. Reflective surface signs.

F. Sound amplifiers, public-address systems or other sound devices used as a means of advertising or to attract attention to a sign or a business.

G. No mobile or portable signs shall be placed on the face of any building.

H. Signs shall not be attached to fences, trees, utility poles, etc. The Code Enforcement Officer may remove such signs without prior notice.

I. Message signs, except as permitted in § 130-5B(7).

§ 130-7 Nonconforming signs.

A. All signs not in conformity to this chapter, upon the effective date specified herein, and that do not have a valid certificate of completion, shall be deemed nonconforming.

B. All nonconforming signs shall have one year from the effective date of this chapter to make application for a sign permit, as provided in this subsection.

(1) The Code Enforcement Officer shall review the nonconforming signs.

(2) In the event the sign conforms to all elements of this chapter, and has been in place for more than five years, with the exception of portable signs, the Code Enforcement Officer shall grant a permit and certificate of completion.

(3) In the event the sign does not meet the requirements of Subsection B(2) of this section, the application shall be reviewed as per the requirements in § 130-3.

C. Failure to comply with Subsection B of this section shall result in enforcement as allowed by this chapter.

§ 130-8 Fees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A fee as established by the Village Board shall be paid to the Building Department upon receipt of a sign permit at time of application.

A. Exception: nonconforming signs under § 130-7B. Such applications shall be free of charge.

§ 130-9 Maintenance.

A. All signs shall be maintained in good state of repair and in working order. This shall include painting, wiring, fastenings, and other conditions required to maintain a safe condition so as not to be detrimental to the public safety.

B. Signs may be repaired after securing a permit from the Code Enforcement Officer. If repairs will change color, location, size, etc., the application will be considered a new sign.

C. Signs that advertise a business or activity that no longer exists on the property shall be removed.

§ 130-10 Enforcement; penalties for offenses.

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 Village of Victor, and to be retained by the Village of Victor.

C. The Code Enforcement Officer or authorized representative may serve a written compliance 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 Village of Victor, may maintain an action for an injunction to enjoin violations of this chapter.

E. The Code Enforcement Officer may revoke a permit issued pursuant to this chapter 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 of personal delivery and after 10 days when delivery is by regular first class mail.

F. The remedies provided herein shall be cumulative and shall be in addition to any other remedies provided by law. Failure to comply with any of the provisions of this chapter shall be deemed a violation, and the violator shall be liable to a fine of not more than $250 and/or maximum imprisonment of 15 days, or both, and each day that such violation continues shall constitute a separate violation.