Cuba Village City Zoning Code
ARTICLE XII
Sign Regulations
§ 200-69 Purpose.
The intent of these regulations is to promote and protect public health, welfare and safety by regulating and restricting the location, construction, repair, removal, alteration and maintenance of signs and other advertising devices in the Village. The regulations are intended to promote and protect public health, welfare and safety by regulating and restricting existing and proposed signs and advertising devices of all kinds. It is intended to promote public safety, to protect property values, to create a more attractive economic climate and to enhance the scenic and natural beauty of the Village.
§ 200-70 General conditions and regulations.
[Amended 3-27-1997 by L.L. No. 1-1997; 3-12-2018 by L.L. No. 3-2018]
A.
Except for those signs specifically identified in §§ 200-74, 200-75 and 200-76, no sign shall be erected in Cuba Village without a permit issued by the Zoning Officer.
B.
The provisions and regulations specified herein apply only to exterior signs and signs which are visible from the public right-of-way.
C.
Except for temporary signs, no sign permit shall be issued by the Zoning Officer without the approval of the Planning Board.
D.
All signs shall be securely attached to a building or a structurally sound support, and their display surfaces shall be kept neatly painted and in good repair at all times.
E.
No illuminated signs or outdoor illumination shall direct light in a way that would create a traffic hazard or nuisance or be unreasonably detrimental to adjoining or neighboring properties.
F.
A flush-mounted building sign shall not extend more than 12 inches from the face of the building to which it is attached into a public right-of-way or sidewalk.
G.
No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or similar fluttering devices.
H.
No sign shall consist of animated or moving parts.
I.
No movable or portable signs shall be placed on any premises in the Village except for temporary signs which are approved under § 200-76.
J.
No sign shall be erected or maintained upon the roof of any building or structure.
K.
No motor vehicle, mobile home or trailer on which is placed or painted any sign shall be parked or stationed in a manner primarily intended to display the sign.
L.
Except for directional or directory signs, no sign shall be erected or maintained within the public right-of-way of any street or within 10 feet of any property line, unless flush-mounted to a building.
M.
No sign shall be permitted which advertises a business use or service other than that which exists on the premises on which said sign is located.
N.
The regulations specified herein shall not apply to any sign or directional device erected by any governmental agency, nonadvertising signs identifying underground utility lines or posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.
O.
No sign shall be erected in such a manner as to confuse or obstruct the view of any traffic sign, signal or device.
P.
No sound amplifiers, public address systems or other sound devices shall be used as a means of advertising or to attract attention to a sign.
Q.
For purposes of calculation of the total area of any freestanding sign, only one side of such freestanding sign shall be taken into consideration in arriving at the total area.
§ 200-70.1 Murals and painted signs.
[Added 3-12-2018 by L.L. No. 3-2018]
All murals and signs painted on buildings, which are observable from public thoroughfares, shall be approved by the Planning Board.
A.
Murals or signs painted on buildings shall be kept in good repair or painted over.
B.
No mural or sign shall contain indecent, pornographic, or defamatory language that maligns or belittles any of the following, but not limited to: a person, product, institution, practice or belief. The public display of offensive sexual material as defined and prohibited in the penal law is prohibited.
C.
Any sign authorized in this section may contain a noncommercial message in lieu of other copy and prohibit with the provision.
§ 200-71 Business and Industrial Districts.
[Amended 3-12-2018 by L.L. No. 3-2018]
A.
The total area of all signs erected on a single property to advertise a specific business or activity, including freestanding and building signs, shall not exceed an area of two square feet for each linear foot of building frontage of the principal structure measured along the street or off-street parking area that provides the principal access for the use.
B.
Directional signs that do not exceed two square feet in sign area and are limited to such texts as "Office," "Entrance," "Exit," "Parking" and "No Parking" shall be excluded from the limitation on the total area of signs permitted.
C.
No freestanding sign shall be more than 20 feet in height, measured from the highest level of natural ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof. The Planning Board shall establish the setback for freestanding signs to ensure that such signs do not obstruct the view of motorists or create a nuisance to adjacent properties.
D.
A flush-mounted building sign shall not extend more than 12 inches from the face of the building to which it is attached into a public right-of-way or sidewalk.
E.
Business identification signs attached to windows and/or doors on the interior of a building and which are visible from the public right-of-way shall be excluded from the calculations to determine the maximum allowable sign area on a property specified in Subsection A above, provided that such window or door signs do not exceed 30% of the total surface area of the windows and/or doors on the facade of the building to which said signs are attached. If such signs exceed the 30% limit, they shall be counted in determining the total area of all signs permitted on a property (Subsection A).
F.
Signs attached to the windows and/or doors of business establishments to advertise the temporary sale of a product or commercial service and which do not identify the name of the business shall be excluded in determining the total area of all signs permitted on a property (Subsection A).
§ 200-72 Multiple uses.
Notwithstanding the standard governing the total area of signs permitted to be erected or maintained on any parcel of real property set forth in § 200-71 above, the following standards shall guide the regulation of all signs associated with projects when more than one principal building or business use or activity is proposed to be conducted upon a single parcel of real property, such as in the case of a shopping center, plaza or mall or other multiple commercial use facility or industrial park.
A.
A single freestanding sign of up to 32 square feet in area and not more than 20 feet in height may be erected to identify the name of the center or facility as a whole and to announce the names of individual businesses at the site.
B.
Freestanding signs advertising individual businesses within a shopping center or joint development project shall be prohibited.
C.
One sign identifying individual businesses or uses may be erected for each separate principal activity. Individual business signs shall be attached to the face of the building. Such signs shall not exceed the lesser of two square feet of area for each linear foot of store frontage or 20% of the surface area of the building face on which the sign is to be attached.
D.
An industrial park may have one directory sign at any location therein which shall not exceed five square feet for each acre of land, provided that no such sign shall exceed 20 square feet in area.
E.
At each point of entrance and exit for vehicular traffic into a multiple commercial use facility or industrial park, one additional directory sign shall be permitted which does not exceed two square feet for each acre of land in such multiple commercial use facility or industrial park. Such signs shall not exceed a total area of 12 square feet.
F.
An overall sign design plan for any such center or facility shall be submitted with the application for the site development permit. The sign design plan shall include plans for each principal activity therein and shall reflect a reasonable uniformity of design, lettering, lighting and material.
§ 200-73 Residential districts.
A.
One sign indicating the name and address of the occupant may be permitted, provided that such sign shall not be larger than two square feet in area. If such signs are freestanding, they shall not be located closer to any lot line than one-half (1/2) of the required setback nor project more than four feet in height above grade. Said signs shall not be illuminated, except indirectly.
B.
For multiple-family dwellings, churches, libraries, social clubs, public buildings and other similar uses, a single identification sign not exceeding 16 square feet in area and indicating only the name and address of the building may be displayed. Signs identifying churches, libraries and other similar public buildings may, in addition to the name and address, include the times that services are provided. Such signs shall not be located closer to any lot line than 1/2 of the required setback nor project more than four feet in height above grade. Said signs shall not be illuminated, except indirectly.
C.
No more than two signs advertising the sale, lease or rental of a property may be placed on the site which is available. Such advertising signs shall not exceed six square feet in area and shall be erected or displayed not less than 10 feet inside the property line and not more than four feet in height. Said signs shall be removed from the premises within seven days after the property has been leased or title transferred.
D.
A permanent sign may be erected to indicate a subdivision. Said sign shall not exceed 16 square feet in area nor more than four feet in height.
E.
A sign advertising the sale of property within an approved subdivision may be permitted, provided that said sign does not exceed an area of 16 square feet. Said sign shall be located at the entranceway to the subdivision and may be placed on the property for a period of three years from the time of subdivision approval or 30 days following the sale of the last lot in the subdivision, whichever occurs first.
F.
Signs advertising a business or home occupation in a residential district shall not exceed six square feet in area. If freestanding, such signs shall not be located closer to any lot line than 1/2 of the required setback nor project more than four feet in height above grade. Said signs shall not be illuminated, except indirectly.
§ 200-74 Permitted signs in all districts without permit.
The following signs are permitted in all districts without a permit:
A.
Signs bearing the name of the principal occupant and/or the street address of a private dwelling which do not exceed two square feet in area.
B.
Professional nameplates which do not exceed two square feet in area.
C.
Signs advertising the sale, lease or rental of the premises upon which the sign is located which do not exceed six square feet in area.
§ 200-74.1 Genesee Historic District.
[Added 1-26-2000 by L.L. No. 3-2000]
The following sign regulations apply in the Genesee Historic District:
A.
The total area of all signs erected on a single property to advertise a specific business or activity, including freestanding and building signs, shall not exceed an area of 20 square feet with maximum dimensions not to exceed 48 inches in height by 72 inches in width.
B.
The bottom of any freestanding sign shall be not less than three feet nor more than five feet above the highest level of natural ground immediately beneath the sign. The Planning Board shall establish the setback for freestanding signs to ensure that such signs do not obstruct the view of motorists or create a nuisance to adjacent properties.
C.
Directional signs that do not exceed two square feet in sign area and are limited to such texts as "Office," "Entrance," "Exit," "Parking," and "No Parking" shall be excluded from the limitation on the total area of signs permitted.
D.
Building signs shall not project more than 12 inches from the face of the building to which the sign is attached.
E.
Business identification signs attached to windows and/or doors on the interior of a building and which are visible from the public right-of-way shall be excluded from the maximum allowable sign area on a property specified in Subsection A above, provided that such window and/or door signs do not exceed 30% of the total surface area of the windows and/or doors on the fagade of the building to which said signs are attached. If such signs exceed the thirty-percent limit, they shall be counted in determining the total area of all signs permitted on a property.
F.
Signs attached to the windows and/or doors of business establishments to advertise the temporary sale of a product or commercial services and which do not identify the name of the business shall be excluded in determining the total area of all signs permitted on a property.
§ 200-75 Noncommercial speech signs.
Notwithstanding the other provisions of this section, noncommercial speech signs may be displayed without a permit subject to the following regulations:
A.
Residential district.
(1)
Noncommercial speech signs may be permitted in any residential district without a sign permit, subject to the following conditions:
(a)
The maximum number of noncommercial speech signs per lot shall be two, excepting posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.
(b)
Of the total number of signs, only one shall be a window sign. No window sign shall exceed 25% of the total window opening or one square foot, whichever is smaller.
(c)
A building-mounted sign may not exceed two square feet in total area. Any building-mounted sign shall be located in proximity to an exterior entrance.
(d)
A ground-mounted sign, unless otherwise specified herein, shall:
[1]
Not exceed six square feet in sign copy area;
[2]
Not exceed four feet in height above grade;
[3]
Maintain a minimum ground clearance of two feet;
[4]
Not be closer to any lot line than 1/2 of the required setback;
[5]
Not interfere with vehicle site distances either from, along or to a public way; and
[6]
Not be illuminated, except indirectly.
B.
Business and industrial districts.
(1)
Noncommercial speech signs associated with nonresidential uses may be allowed in any business or industrial district without a sign permit, subject to the following conditions:
(a)
The maximum number of noncommercial speech signs per lot shall be two, excepting posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.
(b)
The total area of the two permitted signs shall not exceed 20 square feet in area.
(c)
Freestanding noncommercial speech signs shall not be closer to any lot line than 1/2 of the required setback.
(d)
Freestanding noncommercial speech signs shall not exceed six feet in height above grade level.
(e)
Building-mounted noncommercial speech signs shall be located on the first floor front facade of the structure.
(f)
Noncommercial speech signs shall not be illuminated, except indirectly.
(2)
Noncommercial speech signs associated with a residential use in a business or industrial district shall comply with the standards specified above in Subsection A.
§ 200-76 Temporary signs.
A.
Temporary signs advertising any political, educational, charitable, civic, religious or like campaign or event may be erected or displayed for a period of not more than 30 consecutive days in any calendar year. Notwithstanding the above, political signs may be displayed without requiring a permit for a period of up to 60 days. Said signs shall be removed within seven days following the campaign or event.
B.
If such temporary signs are not removed within the seven-day period, the Zoning Officer is authorized to remove said signs and to charge all costs incident to the removal of the sign or signs to the owner of the property on which the signs are placed.
C.
Except for signs that are permitted to hang across a public street, no temporary sign shall be attached to fences, trees, utility poles, bridges, traffic signs and shall not obstruct or impair vision or traffic in any manner or create a hazard or disturbance to the health and welfare of the general public.
D.
Except for signs that are permitted to hang over a public street, no temporary sign shall exceed 16 square feet in area.
§ 200-77 Nonconforming signs.
Nonconforming signs shall not be altered, rebuilt, enlarged, extended or relocated, unless such action changes a nonconforming sign into a conforming sign as provided herein. The failure to keep any such nonconforming sign in good repair within a period of 30 days after due notification by the Zoning Officer shall constitute abandonment of the sign. A sign which is abandoned shall not be reused and shall be removed by or at the expense of the property owner.
§ 200-78 Application for a sign permit.
All applications for a sign permit shall be made, in writing, upon the forms prescribed and provided by the Zoning Officer and shall be accompanied by the required fee.
A.
All applications shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location of the building, structure or land to which or upon which the sign is to be erected.
(3)
A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; position of lighting or other extraneous devices; a location plan showing the position of the sign or any buildings or structures, including any private or public street or highway.
(4)
Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event that the applicant is not the owner thereof.
B.
All applications for a sign permit, except those for a temporary sign, shall be forwarded to the Planning Board for review. Prior to rendering its decision the Planning Board shall review the design, size and location of the proposed sign to determine whether the proposed sign is in compliance with the regulations set forth in this chapter. Upon the completion of its review, the Planning Board may approve, approve with conditions or reject the application. All decisions of the Planning Board shall be made, in writing, to the Zoning Officer within 45 days of the receipt of an application. If the Planning Board fails to act within this period, the Zoning Officer may issue the permit if the proposed sign is in compliance with these regulations.
§ 200-79 Issuance of a permit.
It shall be the duty of the Zoning Officer, upon the filing of the application for said permit, to examine all of the data submitted to him/her with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If the proposed sign is in compliance with the requirements of this chapter and other rules and regulations of Cuba Village and has been approved as to design, size and location by the Planning Board, the Zoning Officer shall issue a permit for the erection of the proposed sign. If the erection of the sign is not completed within six months from the date of the issuance of such permit, the permit shall become null and void. Said permits may be renewed for one additional six-month period upon the approval by the Planning Board and upon payment of an additional fee. A request, which cites the reason for the extension for the completion of the sign shall be submitted, in writing, to the Planning Board no more than 30 days following the first six-month expiration period.
§ 200-80 Removal of signs.
A.
The Zoning Officer shall provide written notification to the owner of any sign which no longer serves the purpose for which a permit was granted or is unsafe or insecure, is a menace to the public or has been erected or installed in violation of this chapter to remove or correct the unsatisfactory condition of said sign within 30 days from the date of such notice.
B.
If the owner fails to comply with such notice within the prescribed time, the Zoning Officer is hereby authorized to remove or cause the removal of such sign. All costs and expenses incurred in the removal of said sign shall be charged to the owner of the sign and/or the owner of the land or building on which such sign is located.
C.
The Zoning Officer may direct the owner of any sign which is a source of immediate peril to persons or property to temporarily secure the area for public safety purposes within 24 hours and to correct the dangerous situation within seven days of such notice. Failure to comply with this notice shall serve as an authorization to the Zoning Officer to remove or cause the removal of such sign, with all costs and expenses charged as provided for above.