Florida City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 119-15 Cluster developments.
A.
Authorization and purpose. The Village Board hereby finds it to be in the best interest of the Village of Florida to encourage cluster development to enable and encourage the flexibility of design and development of land in such a manner as to preserve the natural sensitive resources and scenic qualities of open lands in the Village.
(1)
The Village Board further authorizes the Planning Board to approve cluster developments in the Village subject to the conditions of this section, and as recited elsewhere in this section and any other pertinent section.
(2)
The Village Board further authorizes the Planning Board to review applications for a cluster development simultaneously with the approval of a subdivision plat or plats pursuant to Chapter 103, Subdivision of Land.
(3)
Applicability.
(a)
Within the RA, RR and R1 zoning district, the Planning Board may, after sketch plan review, require a cluster subdivision be submitted for preliminary/final subdivision review, if the cluster layout meets one or more of the following criteria:
[1]
The proposed clustering plan will conserve undisturbed land, create usable open space or preserve scenic aspects of the lands being developed to the maximum extent feasible;
[2]
The proposed clustering plan will encourage preservation of woodlands and areas of sensitive habitat, wetlands, ridgelines and other attractive natural features, the protection of aquifers and areas of groundwater supply or recharge and discourage development of steep slopes and areas with potential for soil erosion, flooding or aesthetic impacts;
(b)
Within the Environmental Conservation Overlay (ECO) the Planning Board shall require the submission of a cluster development for all applications unless applicant is able to demonstrate one or more of the following criteria at sketch plan review:
[1]
Sensitive resources as identified in § 119-15(A)(7)(b) make up less than 25% of the property;
(4)
Unit mix and development density.
(a)
Within the RA, RR and R1 district, only one family detached dwellings shall be permitted in a cluster development as outlined in § 119-10.
(b)
Within the RA, RR and R1 district, in no case shall a cluster development result in the permitted number of dwelling units exceeding the number which could be permitted as outlined in Table 2, Dimensional Standards.[1] and under the zoning chapter. The gross acreage of the lot shall be used to determine the maximum permitted number of dwelling units permitted.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
(c)
Within the ECO, single family attached (townhouse) or detached, and two-family dwellings shall be permitted and senior multifamily shall require a special use permit as outlined in Table 1, District Use Regulations.[2]
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
(d)
Within the ECO the following densities shall apply:
[1]
In no case shall a cluster development result in the permitted number of dwelling units exceeding the number which could be permitted as outlined in Table 2, Dimensional Standards[3] for one-family attached (townhouse) or detached, and two-family dwellings.
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
[2]
For senior multifamily dwellings, the dwelling unit density calculation shall be based on the permitted lot count for one-family detached dwellings, determined, in the approving authority's judgment, through the conventional subdivision process as outlined in § 119-15A(6). A senior housing density bonus, as authorized by Village Law § 7-703, may then be applied based upon the number of building lots permitted through conventional subdivision. The following bonuses may apply:
[a]
In the RA district a density bonus of 10 units to every one building lot may be granted by the Planning Board.
[b]
In the RR district a density bonus of five units to every one building lot may be granted by the Planning Board.
[c]
In the R1 district a density bonus of 2.5 units to every one building lot may be granted by the Planning Board.
[d]
In no case shall the number of dwelling units exceed five dwelling units per acre.
[3]
The gross acreage of the lot shall be used to determine the maximum permitted number of dwelling units permitted.
(5)
Additional requirements for the Environmental Conservation Overlay.
(a)
No building or disturbance of land shall be permitted on that portion of a lot containing sensitive environmental resources as identified in § 119-15(A)(7)(b) and associated buffers or regulatory setbacks.
[1]
The Planning Board may waive any of these requirements based on a finding that avoidance of these resources would be unduly burdensome to the applicant. Further the Planning Board must find that the disturbances proposed are the minimum required to achieve the desired development pattern in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic qualities of open lands, to protect areas of meaningful ecological value, and to reserve suitable lands for park and recreation purposes. Such waiver shall be subject to applicable review and approval of the NYS Department of Environmental Conservation or Army Corps of Engineers, if any.
(b)
No building or disturbance of land shall be permitted on that portion of a lot with a slope in excess of 25% except for roads and driveways and supporting infrastructure as necessary to access flatter areas of the lot.
(c)
Development shall minimize the amount of disturbance to forests or sensitive habitat. In particular, the fragmentation of forest habitat shall be avoided, and contiguous areas of forest habitat should remain intact to the extent practicable.
(d)
Fill shall not be used to raise the average final grade more than three feet above the existing grade of an existing dwelling.
(6)
Procedure.
(a)
Sketch plan review.
[1]
An applicant shall submit a sketch plan to the Planning Board prior to the applicant making any formal subdivision submission, the purpose of which is to demonstrate to the Planning Board whether the provisions of this section shall apply per criteria set forth in this section.
[2]
The applicant shall submit a conceptual sketch plan of the proposed subdivision and existing conditions. The sketch plan submitted need not be based upon surveyed data, but it should contain the following information:
[a]
An assessment of existing conditions on the site to be subdivided using available mapping data and/or photographic images. This initial site assessment shall show the approximate area of the project that constitutes sensitive lands as defined in this section (wetlands, hydric soils, floodplains, steep slopes, etc.) and the area that might be classified as developable lands.
[b]
Information regarding all known restrictions on the use of land, including easements, covenants or zoning district classification.
[c]
An estimate of the number of lots and/or units that might be accommodated within the project as well as the bulk requirements that may be applied.
[d]
A broad concept plan to indicate any initial ideas about the location of homes, roads, trails, conservation areas, and utilities.
[3]
During the sketch plan discussion, the applicant and the Planning Board may discuss the possible requirements of the project in relation to standards for street improvements, grading, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
(b)
Preliminary and final plat review.
[2]
The Planning Board upon receipt of an Environmental Assessment Form and sketch plan or preliminary plat shall inform the applicant of additional studies it deems necessary to assess the sensitive resources identified on site.
[3]
The preliminary plat shall demonstrate that the proposed cluster development will result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the approving authority's judgment, through the conventional subdivision process as outlined in § 119-15(A)(6).
[4]
The preliminary cluster subdivision shall set forth the number and type of units proposed in the cluster plan; any modifications of the dimensional regulations of the zoning district that would otherwise be applicable to the property that are necessary to allow the cluster development; a rationale for the proposed cluster development layout; and such other information as the Planning Board may request to meet the purpose of this section.
[a]
The Planning Board shall authorize the specific lot bulk requirements of this chapter as part of the cluster development plan. The Planning Board may waive up to 50% of the bulk requirements for the district to allow for clustering.
(c)
Every proposed cluster development shall be subject to review and public comment at a duly noticed public hearing or hearings held by the Planning Board pursuant to Chapter 103, Subdivision of Land, of the Village of Florida code, § 7-728 of the Village Law for the approval of plats, and procedures set forth in Article XI of this chapter.
 Schematic example of a conventional subdivision (L) and a cluster subdivision (R). (Source: NYS DEC) |
(7)
Submission requirements.
(a)
In addition to the standard plat requirements for conventional subdivisions set forth in Article V of Chapter 103, the plat showing such cluster development shall include areas within which structures may be located, the heights and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways and other features required by the Planning Board.
[1]
A landscaping plan, lighting plan, building elevation and floor plan for each dwelling unit type shall be submitted for review.
(b)
Environmentally sensitive areas. The following sensitive resources shall be mapped if present:
[1]
Existing land under water including ponds; freshwater wetlands regulated by the Army Corps of Engineers or the New York State Department of Environmental Conservation (NYSDEC); streams; and that portion of any freshwater wetland and any 100-foot regulated area designated by the NYSDEC.
[a]
A fifty-foot buffer shall be shown surrounding land under water as described in this section except for where a 100-foot regulated area designated by NYS DEC applies.
[2]
Land contained within the 100-year floodplain as designated on Federal Emergency Management Agency maps.
[3]
Existing steep slopes 25% or greater.
[4]
A demarcation of all habitats on the property, including known habitats containing endangered, threatened, or special concern wildlife species, protected native plants, endangered, threatened, or rare plants, or state-identified significant habitats.
[5]
Forested areas including individual trees eight inches or greater in diameter at breast height.
[a]
In assessing the quality of forested areas and the potential for the site to contain habitat for threatened or endangered species, the Planning Board may require a tree survey of all trees eight inches in diameter or greater or a habitat study be performed by a qualified ecologist.
(c)
In all cluster development, lots shall be arranged in a manner that protects sensitive resources and facilitates pedestrian and bicycle circulation and connectivity. Proposed building locations or areas ("building envelopes") shall be shown on the final plat.
(8)
Conservation of open space. The remaining lands, preferably contiguous, in a cluster development upon which development is not proposed shall be permanently preserved as open space. Any development permitted on land located in a cluster development that is not protected as open space shall not compromise the sensitive resources identified on the site.
(a)
Preserved open space land shall be clearly delineated and labeled on the subdivision final plat as to its use, ownership, management, method of preservation, and the rights, if any, of the owners of lots in the subdivision and the public to the open space land. The final plat shall clearly show that the open space land is permanently preserved for conservation purposes by a conservation easement required by this section and shall include deed recording information in the County Clerk's office for the conservation easement.
(b)
Open space land shall under all circumstances be protected by a perpetual conservation easement but may be owned in common by a homeowners' association (HOA); offered for dedication to village, county, or state governments; transferred to a nonprofit organization acceptable to the Planning Board; held in private ownership; or held in such other form of ownership as the Planning Board finds appropriate to properly manage the open space land and to protect identified sensitive resources.
(c)
The conservation easement shall prohibit residential, industrial, or commercial use of open space land and shall not be amendable to permit such use. At the discretion of the Planning Board, the conservation easement may permit publicly accessible, outdoor active or passive recreation on the portion of protected open space comprised of unconstrained land or may be amendable to permit such use in the future, provided that the Planning Board finds such use would be compatible with the surrounding neighborhood and that it would not impair the sensitive resources on the land. Driveways, wells, underground sewage disposal facilities, (including constructed wetlands), local utility distribution lines, stormwater management facilities and trails shall be permitted on preserved open space land with Planning Board approval and necessary agency permits, provided that they do not impair the sensitive resources on the land.
(d)
Preserved open space may be included as a portion of one or more large lots or may be contained in a separate open space lot. The conservation easement may allow dwellings to be constructed on portions of lots that include preserved open space land, provided that the total number of dwellings permitted by the conservation easement in the entire subdivision is consistent with applicable density limitations.
(9)
Effect. The provisions of this section shall not be deemed to authorize a change in the permissible use of such land as elsewhere provided in this zoning chapter of the Village of Florida.
§ 119-16 Regulations applying to all districts.
A.
Front yards on narrow streets. On streets with less than a fifty-foot right-of-way, the front yard requirements shall be measured from the center line of the existing roadway and 25 feet shall be added to the front yard requirement.
B.
In calculating the required lot area, lot width, depth, yards, including those measured according to Subsection A, existing or proposed rights-of-way shown on the Official Map shall not be considered.
C.
Fences and walls.
(1)
Fence height and setbacks are as follows unless otherwise noted:
Location | Minimum Setback (inches) | Maximum Height (feet) |
|---|---|---|
Front yard | 18 | 4 |
Rear yard/side yard | 12 | 6 |
(2)
Fences and walls shall have their finished decorative face directed outward to the abutting property. No supports, posts or bracing shall be placed on the side of the fence that faces any abutting lot, street, road or public right-of-way.
(3)
Fence height shall be measured from the natural grade along the base thereof. Where a fence is installed on top of a berm or retaining wall, the height shall be deemed to include the height of the underlying berm or wall.
(4)
Fences shall be provided with a gate or other means of access to the enclosed space for emergency purposes.
(5)
Where a fence is intended as a common fence between two adjoining property owners in the side or rear yard, the minimum setback shall not apply. In the case of a common fence, the Code Enforcement Officer shall require a recorded agreement between the contiguous lot owners to ensure future maintenance and repair of the common fence.
(6)
Fences located on a corner lot shall not be installed within the triangle formed by the street lines of such lot and a line drawn between points along such street lines located 20 feet from the intersection. Fences along street lines shall be a maximum of four feet.
(7)
Access to municipal easements and rights-of-way shall be maintained. The Code Enforcement Officer shall not issue a building permit for any fence that crosses a Village-owned easement or right-of-way absent the issuance of a license agreement by the Village Board of Trustees. The minimum distance between a fence and a municipal easement, right-of-way or other Village property shall be at least five feet unless the Code Enforcement Officer determines that a fence may be located closer than five feet without detriment to sight distance, easements or other need for access.
(8)
In the event boundary monuments or pins are not clearly visible, the Code Enforcement Officer may require that the property owner cause the property corners to be flagged by a licensed land surveyor.
(9)
The Planning Board is authorized to permit fences greater than six feet in the side and rear yards in connection with site plan, subdivision or special permit use applications upon the finding that a higher fence is necessary to achieve appropriate buffering from the proposed use and adjoining property owners.
(10)
Prohibited materials. No person shall be permitted to erect a fence constructed of the following materials:
(a)
Barbwire.
(b)
Razor or razor wire.
(c)
Chain link, except with closed loop at the top. Chain link of any variety shall not be permitted in front yards.
(d)
Electric.
(e)
Short, pointed metal.
(f)
Poultry or turkey wire.
(g)
Tarpaulin, canvas, cardboard or other nonpermanent materials. Such permanent materials shall not include temporary fencing in connection with an open building permit.
(11)
Fence material shall be natural wood, earth tone colors or white.
(12)
Preexisting noncompliance. Any fence legally in existence on the effective date of this subsection shall be permitted to remain, provided that such fence is maintained. At such time that the fence is removed, altered or reconstructed, any new fence shall conform to these provisions.
(13)
Maintenance. Fences and walls shall be maintained in a safe, structurally sound and orderly manner.
(14)
Placement of buildings. Where a lot has frontage on two or more streets or other public rights-of-way, the height limitation shall apply only as measured from the curb level along the street or right-of-way with a higher elevation above sea level.
§ 119-18 Signs.
A.
Purpose. The purpose of this section is to promote and protect the public health, welfare and safety by regulating by regulating and establishing standards for the erection of signs within the Village of Florida. These regulations and standards are content-neutral, which means that they are to be construed to promote no distinction between the topic discussed or the idea or message expressed on any signage. The Village's ability to attract economic development is accomplished in part by the enforcement of regulations that maintain an attractive community and streetscape, of which signs are a contributing element. A multiplicity of signs clutters the overall appearance of the Village, detracts from its visual quality, and is discouraged. The objective of promoting a visually attractive streetscape shall be balanced with the objective of ensuring that a property owner or tenant is afforded ample and adequate means of identifying the occupancy or use of a property or establishment and/or conveying information in accordance with these sign regulations.
B.
Permit required. Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Code Enforcement Officer. No permit shall be required for the general repair or maintenance of any permitted sign. Signs in the CS, RO, and GC Districts are subject to Architectural Review Board per Article XII of this chapter before obtaining a permit.
C.
Application procedure. Applications 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.
(2)
The name, address, and telephone number of the property owner.
(3)
The location of the building, structure and/or land upon which the sign now exists or is to be erected.
(4)
A plan, drawn to scale, as well as a description of the sign, sign structure and placement, and should include the following:
(a)
Its location on the premises, specifically its position in relation to existing buildings, structures, property lines, roadways, driveways, parking lots and any other existing or proposed signage, and indicating such distances.
(b)
The method of illumination, if any, and the position of lighting or other extraneous devices.
(c)
Graphic design, including symbols, letters, materials and colors.
(d)
The visual message, copy, text or content of the sign.
(e)
Any other information deemed necessary by the Code Enforcement Officer to determine whether the sign is consistent with the regulations set forth herein.
(f)
Written consent, or a copy of the contract made with the owner of the property permitting the sign to be erected or changed if the applicant is not the owner.
D.
Issuance of permits; permit conditions. All signs in the Village of Florida, other than those mentioned in § 119-18E, shall require a sign permit.
(1)
Upon the filing of a completed application for a sign permit and the payment of the required fee which has been determined by a schedule of fees as established by the Village Board, the Code Enforcement Officer shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with the requirements of this chapter, the Code Enforcement Officer shall then, within 21 days, issue a permit for the erection of the proposed sign or for an existing sign. The issuance of this permit shall not excuse the applicant from conforming to any other laws or any local laws or ordinances.
(2)
The term of such permit shall extend through the useful life of the sign unless otherwise indicated in this chapter. A new permit shall be required if:
(a)
Changes to the design, copy, structure, size or supporting structure are no longer consistent with the original application.
(b)
The name of the business or type of business is no longer consistent with the original application.
(c)
The business is sold, or property leased or in some manner comes under the management of or is represented by a party or parties not consistent with the original application.
(d)
The original permit is found to be in violation under the provisions of this or any other chapter.
(3)
Every sign shall bear the permit number, permanently and visibly displayed. Failure to do so shall constitute cause for the revocation of the permit.
E.
Exempt signs. The following types of signs may be erected and maintained without a permit or fee, provided that such signs comply with the requirements of this chapter and any other law or ordinance imposed by the Village of Florida or other governing body:
(1)
Historical markers, tablets and statues, memorial signs and plaques; names and dates of buildings; and non-advertising, on-premises signs installed by religious or nonprofit organizations, not exceeding six square feet.
(2)
Signs, notices or emblems, not to exceed two square feet in area, required by governmental agencies to operate a licensed establishment or business.
(3)
Flags or insignias of any government, except when displayed in connection with commercial promotion.
(4)
On-premises, non-advertising directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, and similar signs not exceeding two square feet per face; however, in multiple-use facilities, tenants are each allowed an additional sign not to exceed one square foot. Freestanding signs shall not exceed six feet in height. Business names and personal names shall be allowed, excluding advertising messages.
(5)
Non-illuminated warning, private drive, posted or no-trespassing signs, not to exceed two square feet per face and no more than one per 100 linear feet of frontage.
(6)
One on-premises sign, either freestanding or attached, in connection with any residential building in any zoning district, for permitted professional offices or home occupations, not to exceed two square feet. Such sign shall state name and vocation only. Illumination shall not produce a direct glare beyond the limits of the property line.
(7)
Number and name plates identifying residents, mounted on a house, apartment or mailbox, not exceeding one square foot in area.
(8)
Lawn signs identifying residents, not exceeding one square foot, or two square feet if double-faced. Such signs are to be non-illuminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.
(9)
Private-owner merchandise sale signs for garage sales and auctions, not exceeding six square feet, for a period not exceeding seven days.
(10)
Temporary, non-illuminated, "for sale," "for rent," real estate signs and signs of similar nature, concerning the premises upon which the sign is located. In a residential zoning district, one sign shall be permitted, not exceeding four square feet per side. In business and industrial zoning districts, one sign shall be permitted, not exceeding 12 square feet, set back at least 15 feet from all property lines. All such signs shall be removed within three days after the sale, lease or rental of the premises.
(11)
Two temporary signs for a roadside stand selling agricultural produce, in season, provided that such sign shall not exceed six square feet and shall not be located within any public right-of-way.
(12)
Temporary, non-illuminated window signs and posters not exceeding 25% of the window surface.
(13)
Temporary, seasonal displays generally recognized or associated with national, state or religious holidays, except when displayed in connection with commercial promotion. Such displays include the outlining of a perimeter of a building or display window with lights, as long as the display lasts no longer than 60 days.
(14)
At gasoline stations:
(a)
Integral graphic or attached price signs on gasoline pumps.
(b)
Two auxiliary signs per station, each not exceeding two square feet.
(c)
One portable sign per station, not exceeding 12 square feet and four feet in height.
(d)
Internally illuminated signs are allowed during regular business hours.
(e)
Directional signs for meetings, conventions and other assemblies, each not exceeding two square feet, for the period from five days before until two days following the event.
(f)
One sign, not exceeding two square feet in the residential districts nor 16 square feet in the business and industrial districts, listing the architect, engineer, contractor and/or owner, on the premises where construction, renovation or repair is in progress and not to exceed 90 days.
(15)
Promotional signage, including banners, for special events of limited duration, not exceeding eight square feet in the residential districts nor 16 square feet in the business and industrial districts, provided that:
(16)
Political posters, banners and similar signs, not exceeding four square feet in the residential districts nor 16 square feet in the business and industrial districts, provided that:
(a)
Placement shall not exceed 30 days, and a period of 11 months shall elapse between the last day of one period of showing and the first day of the next.
(b)
Such signage shall be set back at least 15 feet from all property lines and shall not be located within any public right-of-way.
(c)
The signs shall be removed within seven days of the end of the event or 30 days, whichever is less, by the person responsible for removal, and disposed of properly, or they will be removed by the Code Enforcement Officer and the costs of removal shall be paid for by the person designated as responsible for removal.
(17)
Display of one permanent sign by a permitted business for the purposes of displaying its product, provided that such sign does not exceed two square feet.
F.
Prohibitions. The following signs are prohibited in all zones:
(1)
No sign in any district shall be placed or located within or extend into the right-of-way of any public highway or roadway.
(2)
No off-premises signs shall be allowed, other that as permitted under the exempt signs provision of § 119-18E or under the off-premises directional signs provisions of § 119-18H(2)(e).
(3)
No sign shall be illuminated by backlighting or containing flashing, intermittent, rotating or revolving lights, except to show time and temperature.
(4)
No sail banner signs shall be allowed.
(5)
No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement.
(6)
No sign shall impair visibility for the motorist at a street corner or intersection by placement and location within the right-of-way of the intersection of the street or highway lines.
(7)
No sign or sign supports shall be placed upon the roof of any building.
(8)
No sign shall be animated, whether by mechanical or electrical processes, including signs with banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices or other paraphernalia attached to or associated with such signs.
(9)
No advertising message shall be extended over more than one sign placed along a street or highway.
(10)
Exterior advertising signs and billboards.
(11)
No sign shall emit noise, sounds or smoke.
(12)
No sign shall be of a prurient nature or advertising businesses, commodities or services of a prurient nature or any unlawful business or undertaking.
(13)
No sign shall illuminate any part of a building, such as a gable, roof, side, wall or corner, and including windows.
(14)
No sign shall be mounted on parked vehicles or other similar mobile advertising media.
(15)
No sign shall project over a street.
(16)
No sign shall be made of cardboard, paper, canvas or similar impermanent materials.
G.
Regulations by district. Within all districts, the following provisions for permanent signs shall apply:
(1)
General regulations.
(a)
The total number of permitted signs on any lot in all districts shall not exceed three, of which only one may be freestanding, except as noted in the chapter.
(b)
The total number of permitted signs on a single commercial building or industrial lot shall not exceed four, of which only one may be freestanding, except as noted in Section 119-18(H)(2)(b). Window signs do not count towards the number of permitted signs.
(c)
The cumulative area of any sign permitted on any lot shall be calculated at the rate of two square foot of sign area per lineal foot of building front.
(d)
Buildings that have frontage on more than one street may have an additional sign(s) on such street(s) with the additional allowable sign area calculated according to the following formula:
[1]
Additional signage allowed equals 1/2 the allowable sign each for primary street frontage for each additional street frontage (on such street) or one square foot of signage times the lineal footage length on the additional street(s) on such street, whichever is less.
(2)
Specific regulations. Specific district regulations shall be as follows:
(a)
Residential districts.
[1]
Permitted nonresidential uses and legal nonconforming nonresidential uses may display one freestanding and/or one projecting sign pertaining to the use of property upon which the sign is situated. Freestanding signs shall have a total face area not exceeding 16 square feet and shall be set back 15 feet from any adjoining property boundaries. Projecting signs shall have a total face area of not more than six square feet and shall not project more than 40 inches from the principal building to which they are attached.
[2]
Internally illuminated signs are not permitted in the residential districts. Externally illuminated signs shall not be illuminated in such a manner that the illumination becomes an infringement to the adjoining residences.
(b)
Business districts.
[1]
The total cumulative areas of all signs permitted on such lot shall be calculated at the rate of two square foot of sign area per lineal foot of building front. Window signs are exempt from the total cumulative area.
[2]
Each tenant in a building lot shall be permitted at least one sign, provided that the total sign area for the business property conforms to the chapter.
[3]
If all allowed signage is exhausted for buildings with off-street entrances, any business approved thereafter shall be permitted a maximum of three square feet of signage at or above its street entrance.
[4]
Buildings that have frontage on a parking lot that fronts primarily on a public street shall be considered to have frontage on that street for calculation of allowable signage in accordance with § 119-18(G)(1)(d)[1].
[5]
A minimum total sign area of 24 square feet shall be permitted any use, regardless of the building frontage.
[6]
Where groups of four or more contiguous businesses are located together or where a lesser number of stores total not less than 20,000 square feet of gross leasable area, one common freestanding sign denoting the name of the shopping facility shall be permitted, not exceeding 80 square feet (40 square feet per side) and with its bottom panel not more than eight feet above grade. All other signs shall be attached to buildings, of a wall, projecting or soffit-type, and coordinated in material, shape, lettering, color and/or decorative elements. Total signage permitted for the entire shopping center shall be calculated at the rate of two square foot of sign per lineal foot of building frontage, plus 1/4 square foot of lot frontage, not to exceed 450 square feet (including all sides of signs conveying a message), whichever is less.
[7]
Representational signs shall not project in any direction more than four feet beyond the principal structure to which they are attached and shall not exceed five square feet which will be added to the aggregate total square feet per building. Only one such sign per establishment shall be permitted, with the area of such sign structure included within the total sign area permitted. Such signs may be neon and a beer sign in a tavern shall be considered a representational sign.
[8]
Illuminated signs that indicate the time, temperature, date or similar public service information shall not exceed 32 square feet and shall not employ less than 60% of the total sign area on each side for said public service information.
H.
Regulations by sign type. The following are descriptions of signs varying in construction and type which may comply with the following additional conditions unless otherwise specified elsewhere in a local law:
(1)
Temporary signs and/or portable signs for a single event or activity but not pertaining to a permanent business.
(a)
All signs of a temporary nature, except as otherwise noted, shall be permitted for a period not exceeding 30 days prior to the activity or event nor exceeding three days after the activity or event. A temporary sign may not be erected again within an eleven-month period. Such signs shall not exceed 16 square feet in business and industrial districts nor eight square feet in residential districts. Such signage shall not be located within any public right-of-way nor be attached to fences, trees, utility poles, rocks or other parts of a natural landscape nor be placed in a position that will obstruct or impair traffic or in any manner create a hazard or disturbance to the health, safety and welfare of the general public.
(b)
A cash deposit equal to the fee shall be deposited with the Code Enforcement Officer to ensure removal of such signs upon expiration of the permit period. The Code Enforcement Officer, after seven days' written notice to the permit holder to remove such sign(s) and after the failure of the permit holder to do so, shall cause said sign(s) to be removed, and the cash deposit shall be forfeited to help defray the cost of removal. The seven-day written notice provided herein shall be computed from the date of mailing said notice. Said mailing shall be directed to the permit holder at the address provided to the Code Enforcement Officer on the permit application.
(c)
A new business or a business in a new location awaiting installation of a permanent sign may utilize a portable sign for a period of not more than 60 days or until installation of a permanent sign, whichever occurs first. Such a portable sign must meet all the construction standards of the municipality. A permit for such a portable sign shall be required. Upon completion and installation of the permanent sign, the permit fee paid for the portable sign shall be applied to the permit fee for the permanent sign.
(2)
Permanent signs. Within any zoning district, the following permanent signs may be erected; provided, however, that such placement shall not serve to expand the number of signs otherwise allowed pursuant to the next subsection on business and industrial districts:
(a)
A non-illuminated, single-sided real estate development sign, including industrial and commercial development, residential subdivision or construction sign denoting the architect, engineer and/or contractor, not exceeding 32 square feet in business and industrial districts nor 16 square feet in residential districts, may be erected on property being sold, leased or developed. Such sign shall be erected parallel to the fronting highway, set back a minimum of 35 feet from the property line or attached to the building face. Such sign shall be removed upon completion of the project and shall be in place for a period not exceeding two years.
(b)
Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies may be erected on the premises of such institutions or off premises with written approval of the property owner where the sign or bulletin board is to be located. A bulletin board for the benefit of the community, notifying them of upcoming events, shall be allowed, provided it does not contain advertising for a specific business. One such sign or bulletin board, not exceeding 20 square feet, may be erected for each entrance on a different street or highway.
(c)
For multiple dwellings or apartment developments, one sign, advertising the availability of several dwelling units, not exceeding 18 square feet, may be erected. One such sign shall be permitted for each entrance on a different street or highway.
(d)
Signs necessary for the identification, operation or production of a public utility, not exceeding 18 square feet, may be erected on the premises of such public utility.
(e)
Off-premises directional signs for the convenience of the general public and for the purpose of directing persons to a business, activity, service or community facility may be erected, provided such signs do not exceed 10 square feet per establishment nor total more than two such signs per establishment. Message shall be limited to name and identification, arrow or direction, and distance. Such signs shall be limited to major and collector streets.
(f)
Recreational areas, golf clubs and other similar facilities permitted by the Zoning Ordinance shall in all zones be permitted one sign not to exceed 32 square feet, or 64 square feet if double-sided.
(g)
The following signage, which is customarily incidental to public or private health care, hospitals, or schools situated on multiple structure campus setting of 10 or more acres, shall be permitted subject to Planning Board approval:
[1]
A maximum of two signs shall be permitted each building or each defined major separate facility, one of which may be a freestanding sign providing the necessary identification or purpose of that building or separate facility. In addition, if there is more than one primary public entrance, an additional wall sign shall be permitted to identify such entrances to the public.
[2]
In addition, one freestanding sign shall be permitted on each entrance from a public street to such facility to identify same and direct the public to various facilities in the complex, which sign shall not exceed 32 square feet if single-sided or 64 square feet if double- sided.
[3]
Directional signs, each not exceeding six square feet, shall be permitted on interior roads, paved walkways and walls, as necessary to provide direction for the public to various facilities on the campus. Freestanding directional signs shall be set back a minimum of 50 feet from a public street.
[4]
The cumulative square footage allowable for all such signs, excluding directional signs, shall be calculated at the rate of two square feet per lineal foot of building frontage and at the rate of one square foot per building frontage on each street or roadway where separate public entrances exist. In addition to all other entrance signs, one internally illuminated emergency room sign shall be permitted to direct the public to emergency facilities in a hospital.
(3)
Wall signs.
(a)
Wall signs shall not extend beyond the ends or over the top of the walls to which attached and shall not extend above the level of the second floor of the building.
(b)
Wall signs shall not extend more than nine inches from the face of the buildings to which attached, except that copy-change signs may extend 15 inches.
(c)
Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of eight feet.
(d)
Copy-change wall signs shall be permitted on theaters only.
(4)
Projecting signs.
(a)
Projecting signs shall not have more than two faces.
(b)
The exterior edge of a projecting sign shall extend not more than five feet from the building face or 1/3 the width of the sidewalk, whichever is less.
(c)
No part of a projecting sign shall extend into vehicular traffic areas, and any part extending over pedestrian areas shall have a minimum clearance of seven feet six inches.
(d)
Projecting signs shall not be higher than 12 feet.
(e)
No projecting sign shall be closer than 15 feet from the corner of a building located at a street intersection.
(5)
Freestanding signs.
(a)
No freestanding sign shall be located within the right-of-way nor less than 15 feet from a side property line nor be located less than 50 feet from any other freestanding sign.
(b)
If for any reason the property line is changed at some future date, any freestanding sign made nonconforming thereby must be relocated within 90 days to conform with the minimum setback requirements.
(c)
Except in the case of those situations defined in the general provisions of § 119-18G(1)(b), no freestanding sign shall be more than 100 square feet per side for a double-faced sign.
(d)
No freestanding sign shall be more than 20 feet in height above highway grade. Such height shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including supporting structures.
(e)
No freestanding sign shall extend over or into the public right-of-way nor shall it overhang the property lines.
(f)
Freestanding signs under which a pedestrian walkway or driveway passes must have a minimum vertical clearance of 10 feet.
(g)
Masonry wall-type signs shall not exceed four feet in height and shall not be placed so as to impair visibility for motorists.
(6)
Neon signs.
(a)
Existing neon signs may not be replaced, repaired, or changed in any way, except in the case of representational signs, as defined and in the general provisions of § 119-18G(2)(b)[7].
(b)
Except in the case of representational signs, as defined and in the general provisions of § 119-18G(2)(b)[7], neon signs will not be permitted in any zone five years from the date of adoption of this chapter.
(7)
Other signs.
(b)
Sign directories:
[1]
The character and size of the sign matrix and of the individual sign components comprising the directory shall be regulated in accordance with guidelines provided by this chapter.
[2]
Sign directories shall contain identification of and direction to several business enterprises but shall contain no promotional advertising.
(c)
Awning signs.
[1]
No sign shall project from an awning.
[2]
Awning graphics may be painted or affixed flat to the surface of the front or sides and shall indicate only the name and/or address of the enterprise on premises.
[3]
Awning graphics shall be a single line of lettering not exceeding 10 inches in height, and the surface area of awning graphics shall be debited against the permitted wall sign surface area.
I.
Nonconforming signs. In the event a sign lawfully erected prior to the effective date of this section does not conform to its provisions and standards, then such signs shall be modified to conform or be removed according to the following regulations.
(1)
Only two such signs are permitted on a single building or industrial lot, or one per tenant in a multiple-use building.
(2)
If a nonconforming sign includes such features as included under the section on prohibitions, then such sign shall be modified by its owner to comply or be removed within 30 days after the owner receives written notice from the Code Enforcement Officer to so comply.
(3)
If an owner has complied, as necessary, with the above provision, yet remains in nonconformity in other respects, he may apply for a permit to maintain the nonconforming sign for a fixed period based on the remaining undepreciated useful life of such sign, as determined by an appropriate depreciation formula (e.g., value standards in use by the New York State Department of Transportation). Application for such permit shall be filed with the Code Enforcement Officer within six months of the effective date of this chapter and shall include satisfactory proof of the date of erection of said sign. A permit to continue a nonconforming sign shall in no case exceed five years.
(4)
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign.
J.
Removal of signs.
(1)
Any sign existing on or after the effective date of this chapter which no longer advertises an existing business conducted or product sold on the premises upon which such sign is located shall be removed.
(2)
If the Code Enforcement Officer shall find that any sign regulated in this chapter is not used, is not in compliance with this or any other chapter, is abandoned, unsafe or insecure or is a menace to the public, the Code Enforcement Officer shall give written notice to the named owner of the land upon which it is located, who shall remove or repair the sign within 30 days from the date of the notice. If the sign is not removed or repaired within said time period, the Code Enforcement Officer shall revoke the permit issued for such sign and may remove the sign and assess the owner for all costs incurred for such service.
(3)
The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed immediately and without notice.
K.
Construction standards.
(1)
General.
(a)
All signs installed after the effective date of this chapter shall have attached to the sign a name plate giving the sign permit number and the name and address of the owner, person or corporation responsible for the general requirements and maintenance as outlined in this chapter.
(b)
All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (UL 48) of Underwriters' Laboratories, Inc., and bear the seal of Underwriters' Laboratories, Inc.
(c)
If such sign does not bear the Underwriters' Laboratories seal, the sign shall be inspected and certified by the New York Board of Fire Underwriters. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.
(d)
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
(e)
All signs, including wall-mounted and projecting signs, shall be securely anchored.
(f)
All signs, sign finishes, supports and electrical work shall be kept clean, neatly painted and free from all hazards, such as but not limited to, faulty wiring and loose supports, braces, guys and anchors.
(g)
All projecting, freestanding or wall signs shall employ acceptable safety material.
(h)
All signs shall be painted and/or fabricated in accordance with generally accepted standards.
(2)
Design guidelines.
(a)
Signs shall be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed. Sign panels and graphics shall be related with, and not cover, architectural features and should be in proportion to them.
(b)
Signs shall be appropriate to the types of activities they represent.
(c)
Layout shall be orderly, and graphics should be of simple shape, such as rectangle, circle or oval.
(d)
Illumination shall be appropriate to the character of the sign and surroundings.
(e)
Groups of related signs shall express uniformity and create a sense of harmonious appearance.
(f)
All signage shall be professional in appearance and construction as not to visually detract from the character of the area or have a negative effect upon the quality and value of surrounding properties.
(g)
No more than two typefaces should be used on any one sign or group of signs indicating one message.
(h)
The number of colors used should be the minimum consistent with the design.
(i)
Any sign in the central shopping district must be reviewed by the architectural review board.
L.
Waiver.
(1)
Where the Planning Board finds that, because of special circumstances of a particular site, extraordinary difficulties may result from strict compliance with these regulations, it may adjust the regulations up to 10% provided that any such adjustment will not have the effect of nullifying the intent and purpose of these regulations. In granting any adjustment, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the regulations so adjusted.
M.
Penalties for offenses.
(1)
Any person, corporation, partnership, association or other legal entity who shall violate any of the provisions of this section or any conditions imposed by a permit pursuant hereto shall be guilty of an offense and subject to a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, and/or both such fine and imprisonment. Every such person or entity shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue.
(2)
Nothing contained in this chapter shall prevent the Village Board from maintaining an action or proceeding in the name of the Village in a court of competent jurisdiction to compel strict compliance with the provisions of this section or to restrain, by injunction, the violation of any of its provisions or any rule or regulation promulgated hereunder.