This article shall hereafter be known and cited as the "Sign Law of the Village of Holley."

This article shall apply to the entire area of the Village of Holley with the exception of the Light Industrial (LI) District, which has its own regulations.

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 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 or advertising distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs overhanging or projecting over the 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. Signs in such areas shall preferably be of the same size, shape, color and aesthetic style.

Signs erected and maintained pursuant to and in discharge of any governmental function, or required by 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 ballpark 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 restrooms, 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 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 (see Note 1). In no event shall an illuminated sign, lighting or a reflective device or projected light be so 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.

Note 1: Any request for a sign described in this section requires a special use permit granted by the Planning Board, subject to a public hearing and all applicable fees and costs.

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 unless it is attached to the roof or overhang of the building.

No sign attached to a building shall extend above the roof line.

No sign shall project over any property line.

No sign shall be located on any property other than that which the sign advertises.

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 chapter.

Preexisting signs which do not comply with this chapter 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. 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 during business hours. 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 word "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 chapter, with the exception of garage sale and real estate signs which are regulated separately in § 265-52.6.

The following signs are permitted in any use district without a permit, with the restriction that signs under this section, in the aggregate, number no more than two per property:

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

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 one month.

A temporary sign shall not exceed 32 square feet announcing such happenings as "grand opening," "under new management" or "going out of business," subject to the following conditions:

Temporary signs may be erected or displayed at the "old Holley High School" (1 Wright Street) only with a valid permit. Said permit may be obtained by completing an application and by following the written procedure available at the Village of Holley Office. Applications must be accompanied by a $20 refundable deposit. The cost and procedure associated with permits pursuant to this section may be changed from time to time. Exception: Political signs are not subject to the application and fee described above. (See Subsection D of this section for requirements regarding political signs.)

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

Message signs shall be permitted, subject to the standards of this § 265-52.7.

All setbacks shall be measured from that part of the sign nearest the property line extended vertically to the ground, measured at right angles to or radially from such property line. Said measurements shall be made from the ground point and not the sign's supports.

All front, side and rear setbacks shall comply with the underlying zoning.

Application for a permit shall be made in writing to the CEO upon forms prescribed provided by the CEO and shall contain the following information:

The application for each sign may be accompanied by a fee as set from time to time by the Village Board.

It shall be the duty of the CEO, 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 article and other codes, laws and ordinances of the Village of Holley, he shall then issue a permit. The Board of Appeals shall be responsible for variances. 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 CEO.

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 chapter, the owner thereof or the person or firm maintaining the same shall, upon written notice by the 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 Code Enforcement Officer may take action to remove such sign at the expense of the owner or lessee thereof as set forth in the enforcement procedures law of the Village of Holley.

The 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 within 30 days 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 Code Enforcement Officer shall give the owner notice to remove it. Upon failure to comply with this notice, the CEO may remove the sign at the expense of the owner or lessee thereof.

Any permanent sign designating subdivision identification under § 265-52.6B(3) which violates any terms of this chapter and whose ownership cannot be ascertained may be removed by the CEO after 30 days' notice to the residents in the subdivision by legal notice published one time in the official Village newspaper.

Any person aggrieved by any decision of the CEO relative to the provisions of this article or the Village of Holley may appeal such decision to the Board of Appeals, as provided in the Zoning Law of the Village of Holley, and shall comply with all procedural requirements prescribed by such Board of Appeals.

Any person aggrieved by any decision of the Board of Appeals may have the decision reviewed by Special Term, Supreme Court, Orleans County, in the manner provided by Article 78 of the Civil Practice Law and Rules.