Dansville City Zoning Code
ARTICLE XI
Sign Regulations
§ 1100 Legislative purpose and intent.
A.
The Village Board of Dansville recognizes that the importance of the preservation of historical significance and attention to the attractiveness of buildings is essential to providing a positive atmosphere within the business community. The Board likewise recognizes that signage has a substantial effect on the historical character, appearance, use and value of buildings. It is, therefore, the intent of this chapter to promote and protect property values, create a more attractive business climate, enhance the physical appearance of the area, encourage the most appropriate use of the land and structures and provide a more enjoyable and pleasing appearance to our community.
§ 1101 Definition of terms and phrases.
As used in this chapter, unless otherwise expressly stated the following terms shall have the meanings indicated:
A portable, top- or side-hinged advertising device.
Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
The "area" of a sign shall be the surface devoted to the conveying of the message exclusive of the structure to support it properly, trim and framing device, unlettered fascia, and any appurtenances required in construction. In the case of open sign structures not having a solid surface or a sign not otherwise inscribed in a definitive area, the "area" of the sign shall be taken as the area required to circumscribe all letters and devices exclusive of supports.
Any awning or overhang protruding from the front and/or side and/or rear of a building made either of cloth, wood, plastic, metal or other like substance, to which any Insignia, logo, graphic, diagram, design, name or other information may be or is either attached to or incorporated therein.
Any cloth, plastic, wood, metal, paper, glass or other like substance, which is suspended or hung in a nonpermanent manner either on the interior window or exterior surface of a building.
The term "decorative pole sign" shall mean any sign attached or suspended from a decorative or wrought iron yardarm attached to a single pole.
To build, construct, alter, repair, display, relocate, attach, hand-place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs.
Any sign placed flush against the building.
The term "freestanding ground sign" shall man any sign suspended between two posts and not attached to a building or structure.
The term "freestanding pole sign" shall mean any sign attached to a single pole and not attached to a building or structure.
The term "front" or "face" of a building shall mean the outer surface of a building, which is visible from any private or public street or highway.
The term "front face" of a building shall refer to the principal/primary entrance of a building.
A nonilluminated sign, which may be attached to an exterior wall of a building adjacent to public entrances. Such sign shall be limited in text to the name of the resident firm or corporation and shall not exceed two square foot in area.
Any sign illuminated by electricity, gas, or other artificial light, including reflective or phosphorescent light. Neon gas signs intended for either interior of exterior use shall be installed by a certified neon installer with the exclusion of self-contained neon signs (i.e., bar, open) which have a surface area less than two square feet.
Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
Any sign, which is painted or fixed to the front windows of any business or establishment.
Either a freestanding ground or freestanding pole sign declaring the organizations and/or businesses contained within the plaza.
Any sign, which projects from the exterior of any building commencing at the second story of such building and extending in an upward and outward fashion.
A time period not to exceed 180 days.
Any material, structure, or device, or any 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:
Window display area, for display of an advertisement announcement, notice, directional matter or name, and includes sign frames, billboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs, or ground signs, and shall also include:
Any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.
That area of a preexisting and/or historical building, which at the time of original construction was designated as the area to accommodate the sign.
A specific grouping of permitted signage for a specified site or area.
A time period not to exceed 30 days. A temporary sign may be renewed for an additional thirty-day period at the discretion of the Code and Zoning Enforcement Officer.
The "value of sign" shall mean the cost of the sign, when it was originally constructed.
§ 1102 Permitted signs in all districts.
A.
The following signs are permitted in any appropriate district WITHOUT a permit.
(1)
Professional nameplates that shall not exceed two square feet in area on either of two sides.
(2)
Signs denoting the name and address of the occupants of the premises, which signs shall not exceed two square feet on either of two sides.
(3)
Signs denoting the architect, engineer, or contractor placed on the premises where construction, repair, or renovation is in progress, which signs shall not exceed six square feet on either of two sides. This sign must be removed from the premises within seven days after such construction, repair, or renovation is completed.
(4)
Signs advertising the sale, lease, or rental of the premises upon which the sign is located, which shall not exceed six square feet in area, provided such sign is erected or displayed not less than five feet inside the property line. This sign must be removed from the premises within seven days after the property is sold or leased. Not more than one sign shall be permitted for each street contiguous to the said premises but in no case shall there be more than two signs on the premises.
(5)
Signs or banners customarily used to advertise Garage Sale, Lawn Sale, Porch Sale, Barn Sale, Household Sale or sales of similar nature are permitted, provided that such signs shall not exceed four square feet in area on either of two sides, and shall advertise only the nature of the sale and the premises where such sale is located: provided, no more than four signs shall be allowed for each such sale conducted on the premises. Sales of aforementioned nature shall be limited to three such sales at any one location during a twelve-month time period. Signs are to be removed within 48 hours of the completion of any such sale. Signs are NOT permitted to be placed upon utility poles and any such placed signs shall be immediately removed.
B.
The following signs are permitted in any appropriate district WITH a permit.
(1)
Any sign advertising a commercial enterprise, including real estate developments, apartments, or subdivisions, permitted in a district zoned residential shall not exceed 10 square feet in area on either of two sides, and shall advertise only the name of the owner, trade name, products sold, and/or the business or activity conducted on the premises where such sign is located: provided, no more than two signs shall be allowed for each such business or commercial activity conducted on the premises which shall in all respects conform to the provisions of this chapter respecting establishments in business districts.
(2)
Any signs denoting the architect, engineer, or contractor placed on the premises where construction, repair, or renovation is in progress, which signs shall not exceed 16 square feet in area. This sign must be removed from the premises within seven days after such construction, repair, or renovation is completed. A seven-day extension may be granted with the written permission of the property owner and approval of the Code and Zoning Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies, which signs or bulletin boards shall not exceed 16 square feet in area, and shall be located on the premises of such institutions, provided such signs or bulletin boards are erected or displayed not less than five feet from inside the property line.
§ 1103 Permitted signs in agricultural and residential districts.
A.
All signs permitted in § 1102, subject to the requirements specified herein.
§ 1104 Permitted signs in Central Business District. [1]
A.
Size and placement.
(1)
Fascia signs shall be permitted on the front of the building at a ratio of two square feet in area for each one lineal foot of wall space upon which surface the sign is to be erected, provided that no fascia sign shall exceed 100 square feet in area and shall not extend closer than one foot from the ends of the building or roofline of the building. Permanent window signs, which are painted or affixed to the front windows of any building, shall count toward the maximum allowable square footage in area as a fascia sign. At no time shall any sign cover or block any window or door that is required as either an exit or for purpose of light and/or ventilation.
(2)
Fascia signs shall be permitted on the rear of the building at a ratio of one square foot in area for each one lineal foot of wall space upon which surface the sign is to be erected, provided that no fascia sign shall exceed 65 square feet in area and shall not extend closer than one foot from the ends of the building or roofline of the building and that said fascia sign shall contain the name of the principal business or businesses only. At no time shall any sign cover or block any window or door that is required as either an exit or for purpose of light and/or ventilation.
(3)
Decorative pole signs shall be permitted with a minimum ground-to-sign clearance of four foot, a maximum pole height of 10 feet and a sign area not to exceed four-foot width by four-foot in height.
(4)
Awning signs shall be permitted, provided that the awning structure, if preexisting, meets the New York State Building Code criteria for safety and that any insignia, logo, graphic, diagram, design, name or information of any type falls within the total maximum allowable square footage for fascia signage as allowed by this code. For new awnings where no such structure was preexisting, a building permit shall be required for the awning structure and such structure will adhere to all New York State building codes in effect at the time; this is in addition to the required sign permit. Any insignia, logo, diagram, design, name or information of any type placed upon or incorporated into the awning shall be subtracted from and/or counted toward the total square footage allowed for fascia signage.
(5)
Identification signs may be attached to an exterior wall of a building adjacent to public entrances. Such signs shall be nonilluminated and are limited in text to the name of the resident firm or corporation, each such firm or corporation being allowed one such sign. Each sign shall not exceed two square feet in area.
(6)
Directional signs are permitted, provided that the individual signs do not exceed two square feet in area. Text is limited to "Office," "Entrance," "Exit," and "Parking." All such signs shall be provided with indirect illumination only.
(7)
Projecting signs are permitted, provided that the individual signs do not exceed a total of 60 square feet in area. Text is limited to name of business, trade name, trademark or activity. Signs are to be mounted no lower than twelve-foot above grade nor exceed 20 feet in height. Mounting brackets and hardware must be maintained, and the sign cannot become a hazard to passersby.
(8)
Permanent window signage is permitted, provided that the individual signs do not extend closer than six inches to the sides, four inches from the top, and 12 inches from the bottom of the window. All window signage shall be subtracted from the allowable 100 square footage for fascia signage unless part of a specified sign package.
(9)
Banner signs shall be permitted, provided that the signs are attached either to the inside of the window area or flush to the exterior of the building. All banner signs shall be subtracted from the allowable 100 square footage for fascia signage unless part of a specified sign package.
(10)
One A-frame sign shall be permitted, provided that said sign shall not exceed a maximum of 48 inches in height and a maximum of 30 inches in width. Text is limited to identification of business, designation of business hours, special sales, daily items of interest and notices of information. An A-frame sign shall be positioned so as to minimize impedance of pedestrian travel, be placed upon the sidewalk only during the hours of business operation, be maintained in good order and be aesthetically appealing. Peel-and-stick lettering or other forms of lettering, which can be easily vandalized, are NOT permitted. The entire message must be contained within the main structure of the sign. An A-Frame sign is required to have an ANNUAL permit.
(11)
Temporary advertising banners intended to be placed across streets are allowed pending approvals from the NYSDOT, the Village of Dansville Board and the Code and Zoning Enforcement Officer. All such banner applications shall also have attached written permission from the property owner whose building such banners are to be suspended from.
B.
Number.
(1)
Fascia signage, which may include permanent window signage, one fascia sign attached to the exterior wall of the building, and awning signage in a combined amount up to but not to exceed 100 square feet is permitted for the front or face of the building.
(2)
One fascia sign is permitted on the rear and/or side exterior wall of a building, provided that such side faces a street or public way and that the square footage for any such signs does not exceed 65 square feet.
(3)
Two directional or identification signs are permitted per establishment, provided the maximum square footage of two square feet per sign is not exceeded.
(4)
Banner signs, not included in a sign package, are permitted, provided that the total allowable fascia square footage of 100 square feet is not exceeded by such signs.
(5)
One projecting sign not to exceed a total of 60 square foot, attached to a building, and which advertises only the name of the business, trade name, or trademark, or activity conducted on the premises where the sign is located.
C.
Text on permitted signs. The text on each sign is subject to approval by the Code and Zoning Enforcement Officer and is limited to:
D.
Illumination. Only white artificial internal or indirect lighting shall be used to illuminate a permitted sign. No flashing, intermittent or moving light or lights shall constitute a part of, or be used to illuminate a permitted sign. No light shall be placed in such a manner that it is a hazard to the traveling public, or shall cause any objectionable glare, either direct or reflected.
§ 1105 Permitted signs in General Business District.
A.
All signs permitted in the Central Business District.
B.
No signs shall be erected or maintained except as follows:
(1)
Either one plaza marker whose maximum height shall be dictated by any FAA/DOT regulations if appropriate and whose minimum ground clearance and site placement shall be dictated by line-of-sight at each and every location. One sign per tenant will be allowed; or
One freestanding, projecting, or ground sign per street frontage not exceeding 60 square feet in area nor more than 30 feet in height nor less than 12 feet above ground level when not attached to a building, and which advertises only the name of the business, trade names, trademark, or activity conducted on the premises where the sign is located; and
(2)
One fascia sign attached or applied to each building or portion thereof, which sign shall not exceed two square feet for each lineal foot of frontage (to a maximum of 100 square feet) occupied by each building on the premises. Where a building has frontage on more than one street or public highway, one such sign shall be permitted for each street frontage. At no time shall any sign cover or block any window or door that is required as either an exit or for purpose of light and/or ventilation.
C.
Sign setbacks. All freestanding signs must be placed at least 10 feet from the street right-of-way.
(1)
No freestanding sign, either ground or pole, shall be erected or maintained nearer the building facade than three feet, or nearer the sidewalk surface than eight feet, and must be placed so as not to obstruct pedestrian passage on the sidewalk. Such signs may not exceed 60 square feet in area on either of two sides.
(2)
Before a permit for a sign is granted its location in relation to blocking visual access to existing signs is also considered.
D.
Text on permitted signs. Text as specified in § 1104C(2).
E.
Illumination. No flashing, intermittent or moving light or lights shall constitute a part of, or be used to illuminate a permitted sign. No light shall be placed in such a manner that it is a hazard to the traveling public, or shall cause any objectionable glare, either direct or reflected.
§ 1106 Permitted signs in industrial District and combination Business/Light Industrial District.
§ 1107 Permitted sign packages.
A "sign package" is a group of signs tailored to a specific type of retail establishment. Sign packages may be utilized in place of individual signs.
A.
Service stations (all districts): one freestanding pole sign or one freestanding ground sign, one fuel canopy, two directional signs, one identification sign, five information signs (not to exceed 12 square feet), fascia signage to 100 square feet per road frontage, banner signage not to exceed 50 square feet, permanent window signage not to exceed 50 square feet.
B.
Downtown merchant (Central Business District): one projection sign, awning signage up to 45 square feet, front fascia signage to 100 square feet, rear fascia signage up to 50 square feet, permanent window signage up to 50 square feet, banner signage up to 45 square feet, two directional or identification signs.
C.
Plaza merchant (General Business-Industrial-Combined Business/Lt. Industrial): one tenant sign attached to a plaza marker, fascia signage to 100 square feet, one hanging or protruding identification sign, permanent window signage up to 50 square feet, banner signage up to 50 square feet, one rear identification sign.
D.
Single merchant (General Business-Industrial-Combined Business/Lt. Industrial): one freestanding ground or pole sign not to exceed a height of 30 feet or impinge upon FAA/DOT regulations for the site. Fascia signage up to 100 square feet. permanent window signage up to 50 square feet, banner signage up to 60 square feet, two directional signs and two identification signs.
E.
New and used automotive franchised dealerships (General Business-Industrial-Combined Business/Lt. Industrial): two freestanding pole signs or a combination of one freestanding pole and one plaza marker, one freestanding ground sign, fascia signage to 150 square feet, permanent window signage to 100 square feet, banner signage to 100 square feet, four directional signs, four information signs with the directional and/or informational signs allowed to be painted directly upon the building.
§ 1108 Signs for which permits are required.
No sign, advertising structure or device which advertises the principal business or principal businesses conducted on which the sign is located shall be maintained or erected without a written permit, except those specifically permitted in § 1113.
§ 1109 Signs for which permits will not be granted.
A.
Signs containing flashing, intermittent of less than one minute between cycles, rotating, or moving light and/or lights.
[Amended 6-20-2017 by L.L. No. 3-2017]
B.
Moving signs. Signs that move or contain visible parts which move or other simulations of movement.
C.
Signs containing luminous material, sequin-studded letters, or lettering with fluorescent paint.
D.
Advertising devices. No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving fluttering, or revolving devices. The said devices, as well as strings of lights, shall not be used for the purpose of advertising or attracting attention when not part of a sign.
E.
Signs on rocks, trees, etc. Signs affixed to or painted upon rocks, trees, utility poles, or other such structure.
F.
Sign painted on buildings, fences, etc., except those painted upon constructed sign background structure except for those as specifically permitted by special sign package.
G.
Any sign which covers or blocks a window or door that is required as either an exit or for purpose of light and/or ventilation.
§ 1110 Procedure for receiving permit.
A.
Application for permit. Application for the permit shall be made in writing in duplicate, upon forms prescribed and approved by the Code and Zoning Enforcement Officer to the Code and Zoning Enforcement Officer and shall contain the following information:
(1)
Name, address, and telephone number of the applicant.
(2)
Location of 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 on any building or land, and its position in relation to nearby buildings, structures, or existing signs, and to any private or public street or highway.
(4)
Written consent of the owner of the building, structure or land to which or upon which the sign is to be erected, in the event the applicant is not the owner thereof.
(5)
A copy of any required or necessary electrical permit for said sign or a copy of the application thereof.
B.
Fees.
(1)
The fees to be paid to the Village of Dansville for the erection of each sign and for each of the conforming signs now erected in the Village as of the effective date of this chapter shall be in accordance to the current fee schedule.
(2)
The Code and Zoning Enforcement Officer or other designated Village official shall issue a permit number for each sign, which shall be permanently attached to or displayed on each sign, billboard or structure so that it may readily be ascertained that a permit has been issued for each use.
C.
Issuance of permit. It shall be the duty of the Code and Zoning Enforcement Officer upon the filing of any application for a permit to erect a sign to examine such plans, specifications and other data submitted to him with the application, and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this chapter and other laws of the Village of Dansville he shall then, within 10 days, issues a permit for the erection of the proposed sign. If the sign authorized under such permit has not been completed within six months from the date of issuance of such permit, the permit shall become null and void.
§ 1111 Revocation of permit and removal of certain signs.
A.
No sign, whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this chapter. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted, and free from all hazards, such as but not limited to, faulty wiring, loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health and safety. In the event of a violation of any of the foregoing provisions, the Code and Zoning Enforcement Officer shall give written or personal notice, specifying the named owner of the land upon which the sign is located, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within 30 days from the date of receipt of said notice. In the event such sign shall not be so conformed within 30 days, the Code and Zoning Enforcement Officer shall thereupon revoke the permit, and the named owner of the sign and/or the named owner of the land shall remove such sign.
B.
Any sign existing on or after the effective date of these regulations which no longer advertises an existing business conducted or product sold on the premises upon which sign is located, shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. The Code and Zoning Enforcement Officer, after determining that any such sign exists, shall notify the owner of the premises in writing to remove the said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Code and Zoning Enforcement Officer is hereby authorized to remove such sign, and shall assess all costs and expenses incurred in said removal against the land or building upon which such sign is located.
C.
All permanent signs and billboards exposed to public view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs that have become excessively weathered, those upon which the paint has excessively peeled or those whose supports have deteriorated so that they no longer are structurally sound shall, with their supports, be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supports, be removed within 30 days of the date on which the business ceases to occupy the premises. All signage sites shall be painted upon exodus of the tenant within 30 days.
[Added 1-12-1999 by L.L. No. 1-1999]
D.
Any awnings or marquees and accompanying structural members shall be maintained in a good state of repair. In the event that said awnings or marquees are made of cloth, plastic or of a similar material and are exposed to the public view, such material shall not show evidence of excessive weathering, discoloration, ripping, tearing, holes or other deterioration. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
E.
If the Code and Zoning Enforcement Officer shall find that any sign regulated by this chapter is unsafe or insecure, or is a menace to the public, he shall give written notice to the named owner of the land upon which the sign is erected, who shall remove or repair the said sign within 30 days from the date of said notice. If the said sign is not removed or repaired, the Code and Zoning Enforcement Officer shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which the sign was located. The Code and Zoning Enforcement Officer may cause any sign, which is a source of immediate peril to persons or property to be removed summarily and without notice.
§ 1112 Temporary signs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All signs of a temporary nature such as political posters, banners, promotional devices and others of a similar nature with a maximum area of 25 square feet may be granted a temporary permit for a period not to exceed 30 days, provided that such signs are not attached to fences, trees, utility poles, or the like, and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public. A fee as set from time to time by resolution of the Board of Trustees shall be paid upon issuance of a permit for such signs. An additional cash deposit as set from time to time by resolution of the Board of Trustees may be required by the Code and Zoning Enforcement Officer to insure the removal of such signs at the expiration of the permit. The Code and Zoning Enforcement Officer after 10 days' written notice to the permit-holder to remove such signs and after the failure of the permit-holder to do so shall cause said signs to be removed and the cash deposit shall be forfeited to help defray the cost of removal.
§ 1113 Seasonal signs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All signs of a seasonal nature such as posters, banners, promotional devices and others of a similar nature, may be granted a temporary permit for a period not to exceed 180 days, provided that such signs are not attached to fences, trees, utility poles, or the like, and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public. A fee as set from time to time by resolution of the Board of Trustees shall be paid upon issuance of a permit for such sign. An additional cash deposit as set from time to time by resolution of the Board of Trustees may be required by the Code and Zoning Enforcement Officer to insure the removal of such sign at the expiration of the permit. The Code and Zoning Enforcement Officer after 10 days' written notice to the permit-holder to remove such sign and after the failure of the permit-holder to do so shall cause said sign to be removed and the cash deposit should be forfeited to help defray the cost of removal.
§ 1114 Amortization of nonconforming signs.
A.
To prevent hardship, owners are allowed to use nonconforming signs which have been in existence prior to the effective date of this chapter, until their value is depreciated, provided that such signs were registered prior to such effective date on standard forms for the purpose provided by the Code and Zoning Enforcement Officer, whereupon permits are deemed to have been granted for the signs. The Code and Zoning Enforcement Officer may require the owner of the sign to submit satisfactory proof of the date of erection of such sign and remaining or undepreciated life of the sign. The normal depreciable life of a sign as approved by the Internal Revenue Service is 10 years. Except as otherwise provided in this part, nonconforming signs shall be made to conform to the provisions of the part or shall be removed when the value of the sign is depreciated.
B.
A nonconforming sign which is destroyed or which is damaged to an extent in excess of 50% of its original construction shall not be replaced except by a sign which conforms to the regulations of this chapter.
C.
Any nonconforming sign, which existed on the effective date of this chapter, shall not be enlarged, structurally altered or relocated, except in accordance with the provisions of this part. For the purposes of this section, the refurbishing of nonconforming signs does not extend the useful life of the sign nor its value. Repairs are limited to those necessary to maintain the sign in a safe and attractive condition. Where nonconforming signs are registered and subsequently refurbished by replacing parts or portions of the sign, or changing the text of the sign, such sign shall be considered illegal and in violation of § 1109 of this chapter.
§ 1115 Exceptions.
A.
None of the provisions of this chapter shall be construed as preventing or limiting any sign or directional device erected by the federal, state, county or local government or agency thereof.
B.
The limitations on sign area as set forth by this chapter shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises provided that such signs do not exceed two square feet in area on any one side and do not contain any advertising of the use on the premises.