The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types and of signs on the inside of any building that are observable from the outside. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty of designated areas and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way and to improve beauty and community environment. It is the intention of this article to regulate all exterior signs and interior signs which are visible from the exterior of the building.

It is further intended that in commercial, industrial and restricted business areas, all signs within one complex shall be coordinated with the architecture in such a manner that the overall appearance is harmonious in color, form and proportion.

Terms defined. As used in this article, unless otherwise expressly stated, the following terms shall have the meanings indicated.

Sign types.

Signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation.

The changing of the advertised copy or message on an approved painted or printed sign or theater marquee and similar approved signs which are specifically designed for the use of replaceable copy.

Repainting, cleaning and other normal maintenance and repair of a conforming sign or a conforming sign structure, unless a structural change is made.

Memorial tablets or signs, and historic markers.

Signs which are within a ball park or other similar public or private recreational use and which cannot be seen from a public street or adjacent properties.

Flags, emblems or insignia of the United States, the State of New York, other countries and states, the United Nations Organization or similar organizations of which this nation is a member, and of the President or Vice President of the United States.

Small signs displayed for the direction or convenience of the public, including signs which identify rest rooms, location of public telephones, freight entrances, traffic controls or the like, with a total area not to exceed two square feet.

Freestanding signs or signs attached to fences at approximate eye level, no larger than two square feet, warning the public against hunting, fishing, trespassing, dangerous animals, swimming or the like.

Any information or directional sign or historical marker erected by a governmental agency, which may include signs displayed by a governmental agency for the purpose of giving directions and distances to commercial districts in which are located the following types of commercial facilities for the convenience of the traveling public: restaurants, motels and establishments for the servicing of motor vehicles, provided that no such sign shall give direction or distance to any specific business establishment.

Civic signs for the purpose of displaying shields, emblems or signs of civic, charitable or religious organizations with offices or meeting places located in the Town/Village for the purpose of advertising said organization, its address and/or meeting place, and the days and hours of meeting, with a total area of not to exceed two square feet for each such sign.

An illuminated sign, using only the word "open," and operational only when a commercial business is open for business, provided that it has no more than two colors, is no greater in size than two square feet, faces the public right-of-way and there is only one such sign per premises.

Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign, lighting or a reflective device or projected light be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

The use of pennants, banners, posters, ribbons, spinners, streamers, moving signs, flashing or intermittent lights, glittering, reflective, projected, animated or rotating signs, the changing of degrees of light intensity or color, or other similar moving, fluttering or revolving eye-catching devices, is not permitted on any sign accessory thereto or as separate devices. Searchlights and strings of lights shall not be used for the purposes of advertising or for attracting attention.

No part of a projecting sign shall be erected or maintained so that it extends more than 18 inches from the front or face of a building.

No signs or lighting devices shall be placed on or attached to the roof, marquee or overhang of any building. No sign attached to a building shall extend above the roof line.

No sign shall project over any property line.

No portable or temporary sign shall be placed on a building or on any premises, except as provided in accordance with the provisions of this article.

Preexisting signs which do not comply with this article shall be brought into conformity herewith upon any:

No sign shall be painted directly on a building wall.

No portable signs are permitted, including any sign displayed on a vehicle or trailer used primarily for the purpose of such display, but excluding parade signs and signs permitted under § 193-17A(6). This regulation shall not be deemed to prohibit advertising on vehicles on public streets which is not otherwise prohibited by law.

No signs are permitted that violate any provision of any law or regulation of the State of New York or the United States relative to outdoor advertising.

No signs shall be placed in windows or behind glass walls that cover an area in excess of 20% of the total exterior glass surface. Illuminated signs are not allowed in windows or immediately behind windows except as provided in § 193-15K.

No sign shall be permitted that obstructs any window, door, fire escape, stairway, ladder, opening or access intended for light, air or ingress to or egress from any building.

No sign shall be permitted that is attached to a utility pole, whether on public or private property, except official notices or announcements as provided above, and warning signs as provided above.

No sign shall be permitted which by reason of its location, position, size, shape or color may obstruct, impair, obscure, interfere with the view of or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. No sign shall use the words "stop," "caution," "yield," "danger," "warning" or "go" when such sign may be confused with a traffic control sign used or displayed by a public authority.

No nonaccessory sign shall be constructed at any location after the effective date of this article, with the exception of garage sale and real estate signs.

The following signs are permitted in any use district without a permit, with the restriction that signs under this section and § 193-18D shall not, in the aggregate, number more than two per property unless otherwise noted.

The following signs are permitted in any use district but require a permit as provided herein:

All signs of a temporary nature, such as banners and promotional signs (excluding signs covered elsewhere in this Code), may be granted a temporary permit for a period not to exceed 30 consecutive days, provided that such signs are not attached to fences, trees, utility poles or the like. Such signs shall not be placed in any public right-of-way nor 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. Said sign shall not exceed 16 square feet in area. One sign may be erected on any privately owned lot or parcel. A fee, as set from time to time by the Town/Village Board of Trustees, shall be paid upon the issuance of a permit for such sign. Each sign shall be removed within two days after the promotional event. If it is not removed, the Building Inspector/Code Enforcement Officer shall cause said sign to be removed. This provision shall not apply to garage sale signs, open-for-inspection signs or signs used for less than a twenty-four-hour duration.

A temporary sign shall not exceed 32 square feet in area announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization, provided that the sponsoring organization shall ensure proper and prompt removal of such sign. Such sign may be maintained for a period not to exceed two months.

A temporary sign shall not exceed 20 square feet announcing such events as "grand opening," "under new management" or "going out of business," subject to the following conditions:

Political signs shall be permitted, subject to the following standards:

Message signs shall be permitted, subject to the standards of Subsection D, with the exception of Subsection D(4).

Townhouse Residential (TR) Districts.

Office buildings and complexes.

Gas/Fuel stations. Signs commonly used by gas/fuel stations for the purpose of advertising retail gasoline/fuel prices shall be limited to one sign per fuel pump and shall be placed on top of the fuel pump. Said signs shall not exceed 12 inches in height and 18 inches in width. No other gas/fuel price signs shall be permitted.

Commercial Districts.

Industrial District.

Special exceptions and variances. Where a special exception or variance is sought with regard to height, area, number or location of signs, application must be brought before the Zoning Board of Appeals and approval obtained from this Board. Upon obtaining a variance, final approval of design and lighting must then be obtained from the Zoning Board of Appeals.

Front setback shall be 25 feet from the front property line, except that subdivision identification signs may be permitted with a lesser setback by the Zoning Board of Appeals at the time of final subdivision approval.

Side and rear setbacks shall be 20 feet from each side and rear property line.

No front setback provision shall apply to the signs permitted under § 193-17A(1).

The name, address and telephone number of the applicant.

The location of the building, structure or land to which or upon which the sign is to be erected.

A detailed drawing or blueprint showing a description of the construction mounting and electrical details of the sign and showing the letter and/or pictorial matter composing the sign; the position of lighting or other extraneous devices; a location plan showing the position and colored rendering of the sign on any building or land, and its position in relation to nearby buildings or structures and its interrelationship with the surrounding areas.

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 the applicant is not the owner thereof.

A copy of any required or necessary electrical permit issued for said sign or a copy of the application therefor.

The estimated net cost of the sign, including the cost of installation.

Nine copies of the application and one colored rendering shall be submitted to the Building Department at least 14 days prior to the meeting at which it is to be considered.

It shall be the duty of the Building Inspector/Code Enforcement Officer, upon the filing of an application for a permit, 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 a 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 codes, laws and ordinances of the Town/Village of East Rochester, the Building Inspector/Code Enforcement Officer shall then, within 10 days, submit the permit and renderings to the Zoning Board of Appeals for approval. If the sign authorized under such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed, within 30 days from the expiration thereof, for good cause shown.

Permits for temporary signs in compliance with all the requirements of this article shall be approved by the Building Inspector/Code Enforcement Officer.

The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including its illumination sources, in a neat, clean, attractive appearance and in good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. When any sign becomes insecure, in danger of falling or otherwise unsafe, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this article, the owner thereof or the person or firm maintaining the same shall, upon written notice by the Building Inspector/Code Enforcement Officer, forthwith in case of immediate danger, make such sign conform to the provisions of this chapter or shall remove it. If within 10 days the order is not complied with, the Building Inspector/Code Enforcement Officer may take action to remove such sign at the expense of the owner or lessee.

The Building Inspector/Code Enforcement Officer may remove a sign immediately and without written notice if, in his opinion, the condition of the sign is such as to present an immediate threat to the safety of the public.

A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove it, the Building Inspector/Code Enforcement Officer shall give the owner notice to remove it. Upon failure to comply with this notice, the Building Inspector/Code Enforcement Officer may remove the sign at the expense of the owner or lessee thereof.

Any permanent sign designating subdivision identification under § 193-17B(3) which violates any terms of this chapter and whose ownership cannot be ascertained may be removed by the Building Inspector/Code Enforcement Officer after 30 days' notice to the residents in the subdivision by legal notice published one time in the official Town/Village paper.