[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Editor's Note: This local law also repealed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.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
Any light, string of lights or group of lights located or
arranged to cast illumination on a 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]
A sign having characters, letters or illustrations applied
to cloth, paper or fabric of any kind, with only such nonrigid material
for background.
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.
See "ground sign."
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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)]
A sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
A wall sign that identifies multiple businesses on the same
property.
A sign on which the visual message may be periodically changed
or rotated.
A ground sign identifying multiple businesses on the same
property.
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.
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.
A sign, mounted on a single pole or post, with the bottom
of the sign at least six feet above grade.
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.
A sign installed perpendicular to the exterior of a building.
A sign that advertises the sale, lease or rental of a property
by owner or a party other than owner.
A sign advertising a commercial use's special sale or
promotion. Not-for-profit, charitable and political organization's
signs are specifically excluded.
A nonprojected sign attached flat to the face of the building.
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.
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.
(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.
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.
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.
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.
[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.
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.
[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.
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.
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.
