The purpose of this article is to promote and protect the health, welfare and safety of the public by regulating the placement, location, size and types of existing and proposed signs of all types in the village. It is intended to protect property values, create a more attractive economic and business climate, strengthen the ability of the village to attract sources of economic development and growth, enhance and protect the physical appearance of the community, and provide a more enjoyable and pleasant community. It is intended further to reduce sign or advertising distractions and obstructions that may contribute to accidents, reduce hazards that may be caused by signs overhanging or projecting into or over public rights-of-way, provide more visual open space and curb any deterioration of the community's appearance and attractiveness.

(L.L. No. 3-2012, § 1, 4-3-12)

Abandoned sign: A sign that advertises an activity, business, product, or service that has not been conducted or available on the premises on which the sign is located for a period of ninety (90) consecutive days.

Animated sign: A sign that uses movement or change of lighting to depict action or create a special effect or scene.

Awning sign: A sign that is part of or attached to an awning, canopy or other fabric, metal or other type of structural protective cover over door, entrance, window outdoor service area.

Banner: A sign of lightweight fabric, plastic or similar material that is mounted to a pole or building. National state or municipal flags or the official flag of any institution or business shall not be considered banners.

Beacon: A light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source or any light with one or more beams that rotate or move.

Billboard: A sign which advertises a business, service, product, commodity, entertainment, or similar object or activity, which is or will be conducted, sold, or offered on a zone lot other than the zone lot on which the sign is erected.

Building marker: A sign indicating the name of the building, monument or memorial and date and other incidental information about its construction and which is cut into the surface of the building, monument, or memorial, or attached to it on a bronze or other type of metal marker.

Building sign: A sign attached to any part of a building that is not a freestanding sign.

Changeable copy sign: A sign that has characters, letters, or illustrations that can be changed or rearranged without altering the surface of the sign. A sign on which the only change that occurs is of a mechanical or electronic display of time and/or temperature is not a changeable copy sign.

Commercial message: A words, logo, symbol, or other representation on a sign that directly or indirectly names, advertises, or calls attention to a business, product, service, or commercial activity.

Directional sign: A sign located on private property that is intended to direct traffic into or off it.

Directly illuminated sign: A sign that is designed to give forth artificial light directly or through transparent or translucent material from a source of light within such sign, including, but not limited to, neon and exposed lamp signs.

Externally-illuminated sign: A sign illuminated by a light source that is not within the sign.

Flag: A fabric, banner, or bunting that contains distinctive colors, patterns, or symbols used as a symbol of a government, institution, or business, or of an event or occasion.

Ground sign: A sign supported by structures or supports that are placed solely on or anchored in the ground and are independent of support from any building or other structure. The height of a ground sign is measured from the top of the nearest public sidewalk to the top of the structure on which the sign is placed.

Illuminated sign: A sign illuminated by electricity or other artificial light.

Indirectly illuminated sign: A sign illuminated by a light source on the zone lot which source is shielded from view of pedestrians to the maximum extent practicable.

Informational sign: A sign that identifies only the name of a business, school, church, medical facility, or other institution, or that is an instructional sign.

Instructional sign: A sign that is intended to instruct or advise employees, customers, visitors or users of the permitted or prohibited uses on certain parts of the zone lot.

Marquee sign: A sign that is part of or attached to a permanent roof-like structure of a building and that projects beyond and extends along any portion of a building.

Memorial sign: A sign cut into the masonry surface of a building, monument or other structure or that is attached to it permanently on a bronze or other metal plaque and that commemorates its erection, historical significance, historical event or person or group of persons.

Monument sign: A sign supported by two (2) supports standing independently of the building, not to exceed eight (8) feet in height.

Mural: A hand-produced work of visual art, which consists of paint or other approved medium, and is directly upon, or affixed directly to, one exterior wall of a building or structure. A mural does not include:

(1)

Mechanically produced or computer-generated prints or images, including, but not limited to, digitally printed vinyl;

(2)

Murals containing electrical or mechanical components;

(3)

Murals that consist of etching or scratching; or

(4)

Changing image murals.

Multiple-face sign: A sign that utilizes more than one surface for display purposes provided that that the surfaces are attached.

Neon sign: A sign, logo, or design detail which has exposed glass or plastic tubing filled with fluorescent or inert gas.

Nonconforming sign: A sign that does not conform to the requirements of this article.

Pennant: A lightweight plastic, fabric, or similar material that is attached to or suspended from a rope, wire, or string.

Permanent sign: A sign that is not temporary.

Pole sign: A sign that is erected on a pole regardless of its height.

Political sign: A sign that advocates action on a public issue, indicates a candidate for public office or expresses an opinion or belief.

Portable sign: A sign that is not securely attached to the ground and that may be moved from place to place.

Pylon sign: A sign attached to two (2) freestanding poles with or without a base.

Projecting sign: A sign affixed to a building or wall in such a manner that its edge extends beyond the building more than twelve (12) inches.

Real estate sign: A temporary sign that directs attention to the rental, sale, or lease of property on which the sign is located.

Roof sign: A sign erected on or over the roof of a building.

Rotating sign: A sign that wholly or in part revolves or moves in a recurring pattern including, but not limited to, multi-prism indexing signs.

Sign: Any letter or group of letters, figures, design, symbol, trademark or device intended to attract attention to a place, business, subject, person, performance, article, machine or merchandise of any kind and displayed out of doors but not including a flag, emblem or insignia of a government, school or religious group when displayed for official purposes.

Surface area: The entire area within a single, continuous perimeter enclosing all elements that form an integral part of the sign. The structure supporting the sign is not a part of the surface area unless it is designed in such a manner as to form an integral part or background for the display. One side of a multiple face sign shall be used to calculate the total surface area of such sign.

Suspended sign: A sign that is suspended from the underside of a surface and is supported by such surface.

Temporary sign: A temporary banner or portable sign, intended to be displayed for a limited time, including construction, political, real estate, and advertisements, or announcements for special events, business openings, or promotions limited by time.

Wall sign: A sign attached parallel to and within twelve (12) inches of the exterior wall of any building or structure and which is supported by the wall of the building or structure and which displays only one sign surface.

Window sign: A sign placed inside a window or placed on a window and that is visible from the exterior of the window.

(L.L. No. 3-2012, § 1, 4-3-12; L.L. No. 1-2021, § 1, 2-16-21)

(a)

No sign may be erected, placed, established, painted, created or maintained in the village except in conformance with the standards, procedures, exemptions and other requirements of this chapter.

(b)

Except as otherwise provided herein, no person or entity may erect, construct, enlarge, move or convert any sign in the village without first obtaining a permit pursuant to section 25-228 of this article.

(c)

A sign permit shall not be required for repair, cleaning, repainting, or normal maintenance of a sign or the structure supporting the sign for which a permit has been previously issued under this article or its predecessors so long as the sign or the structure supporting it are not modified.

(d)

The following signs are exempt from regulation under this article:

(1)

A public notice or warning required by a valid and applicable federal, state, or local law, regulation, rule or ordinance.

(2)

A sign inside a building that is not attached to a door or window and not visible from a distance of more than three (3) feet beyond the lot line of the zone lot or parcel on which the sign is located.

(3)

A state inspection station identification sign or state authorized repair shop identification sign which is located on an exterior or interior wall of a motor vehicle service or repair station.

(4)

Holiday lights or decorations with no commercial message that are erected not more than thirty (30) days before the holiday. Such lights or signs must be removed no more than thirty (30) days after the holiday.

(5)

Traffic control signs on private property which meet state department of transportation standards and which contain no commercial message.

(6)

Real estate signs.

(7)

Signs stating the hours of operation of a business or that it is closed or open that do not exceed two (2) square feet in surface area.

(8)

Information signs, memorial signs, building signs which do not exceed two (2) square feet in surface area.

(9)

Signs identifying the address of a building or residence.

(L.L. No. 3-2012, § 1, 4-3-12)

(a)

Animated signs are not permitted in any district.

(b)

All signs, except temporary signs, shall be constructed of material suitable for their intended use and kept in good condition and repair.

(c)

If a nonconforming sign is removed, other than for temporary repair or maintenance, it shall be replaced only with a sign that conforms to the requirements of this article.

(d)

An abandoned sign shall be removed by the owner or occupier of the property on which it stands within three (3) months after its abandonment. If it has not been removed at the expiration of three (3) months, it may be removed by the village at the expense of the owner and the cost charged to the real estate taxes assessed to the property. Notice of intent to remove the sign shall be mailed by both ordinary and certified mail to the record owner of the property on which the sign is placed or erected. Such notice shall state the date on which the sign will be removed and shall provide a date on which the owner may appear before the zoning board of appeals to contest such removal.

(e)

No owner or occupier of property shall permit a dangerous or defective sign to remain on such property owned or occupied.

(f)

Every sign shall be designed and placed in such manner as to:

(1)

Not impair public safety;

(2)

Not restrict clear vision between a sidewalk and street;

(3)

Not be confused with any traffic signal or sign;

(4)

Not prevent free ingress to or egress from any door, window or fire escape; and

(5)

Not impede pedestrian or vehicular traffic.

(g)

Pole signs are not allowed in the village except as specifically authorized in the general business district and in the industrial district.

(L.L. No. 3-2012, § 1, 4-3-12; L.L. No. 4-2018, § 1, 6-5-18)

The village wishes to promote signs that enhance the character of the community and aesthetic appearance of the village's business districts while affording businesses within the village an opportunity to adequately and feasibly advertise their enterprise. The village also wishes to allow some flexibility in the design of signage and encourage applicants to be creative in the design of signage. In order to accomplish this, rather than making specific design regulations that might discourage creative signage and become burdensome to businesses, the village authorizes the planning board to promulgate sign design guidelines to offer applicants guidance in designing signage that is creative, attractive, and high quality because such signage can enhance both the village's business districts as well as the viability of the businesses. Such guidelines shall not permit signs of a type, size or quality that are not otherwise permitted by this chapter.

(L.L. No. 3-2012, § 1, 4-3-12)

(a)

Authority.

(1)

The village board of trustees has enacted a system of incentives for signage in the village and has granted the planning board the authority to review and approve incentives in the form of an increase in the maximum sign area of an establishment located in the restricted use business, general business, or industrial district (as outlined in tables 25-230.1 and 25-231.1) in exchange for the applicant providing community benefits. In order to qualify for the sign incentives, an applicant shall meet the criteria for obtaining incentives as identified in section 25-230(a)(12), restricted use business district, and section 25-231(b), general business and industrial districts.

(b)

Intent.

(1)

The incentive for increasing the maximum sign area is intended to encourage establishments located within the village's business districts to develop creative, high quality signage that is in compliance with the village sign design guidelines. Providing an incentive to allow an increase in the maximum sign area permitted will not result in adverse impacts to the community. The incentives will promote the viability and appearance of the village's business districts and is in compliance with the Village of Kenmore Comprehensive Plan.

(c)

Application for incentives.

(1)

Applications for sign incentives shall be made at the time of sign application, as outlined in section 25-228. At the time of application, the applicant of a sign shall indicate their desire to obtain approval from the planning board to allow an increase in the maximum sign area, up to the maximum sign area permitted in tables 25-230.1 and 25-231.1 as indicated by the incentive zoning columns. At the time of application, the planning board will review the request and determine whether the applicant as met the criteria to qualify for the sign incentives. If the planning board finds that the application meets the criteria for the sign incentives, they will conduct their routine sign review under the incentive zoning requirements.

(L.L. No. 3-2012, § 1, 4-3-12)

(a)

An application for a sign permit shall be made to the building inspector in duplicate.

(b)

The fee prescribed by the board of trustees for a sign permit shall accompany the application.

(c)

An application for a permit for a sign shall include the following:

(1)

Name and address of the person or entity making the application.

(2)

Identification of the property where the sign is to be erected or placed and the name of the owner of the property. If the applicant is not the owner of the property, a statement signed by the owner acknowledging knowledge and permission for the proposed sign.

(3)

A color drawing or rendering of the proposed sign drawn to scale, which contains the dimensions of the sign and all letters, figures, design, symbol trademark or device that will be on the sign.

(4)

A scale drawing or rendering of the building and property on which the sign is to be erected or placed, with the proposed location indicated.

(5)

If illuminated, the manner, source and intensity of the illumination.

(6)

If the sign is a temporary sign, the expected duration that it will be displayed.

(7)

Such other information, including a survey, as may be required by the building inspector to enable a classification of the sign and its conformity to the requirements of this article.

(d)

Once the building inspector has determined that an application for a temporary sign or banner is complete, he shall issue the permit, issue the permit with conditions or deny the permit.

(e)

Once the building inspector has determined that an application for any sign other than a temporary sign for which a permit is required is complete, he shall refer it to the village planning board. the village planning board shall recommend that the permit be issued, recommend that the permit be issued with conditions, or recommend that the permit be denied. Such decision shall be made within thirty (30) days after the building inspector has referred the application to the village planning board.

(f)

An application for a sign permit for a window sign that exceeds the general limitation of twenty-five (25) percent of the total area of the window requires approval of the board of trustees. The application shall proceed as set forth in section 25-227 and be referred to the village planning board, as set forth in section 25-227(e). The planning board shall make a recommendation to the board of trustees as to whether the application should be approved, approved with conditions, or denied, based upon the factors the board of trustees must consider. Following the planning board's recommendation, the board of trustees shall render a determination on the sign permit considering such factors as: community character, aesthetic and visual impacts, whether the proposed sign has been created by a professional sign maker, the material of the sign, the colors and appearance of the proposed sign, and any other factor the board of trustees determines is reasonable. The board of trustees may, by resolution, set forth specific design guidelines for such proposed signs.

(L.L. No. 3-2012, § 1, 4-3-12; L.L. No. 7-2016, § 4, 9-20-16)

(a)

If the building inspector or any code enforcement officer shall determine that a sign does not conform to the requirements of this article, a notice shall be served on the person or entity that erected or placed the sign describing the violation and stating that the sign permit will be revoked unless the violation be cured or the sign removed within fourteen (14) days.

(b)

The notice shall be served on the person or entity on the sign permit, or if no permit has been issued, on the owner of the property on which the sign has been erected or placed, by certified mail, return receipt requested, or by personal delivery to such person, entity or owner.

(c)

If the person or entity that placed the sign does not cure the violation, remove the sign after fourteen (14) days of service of the notice or appeal the violation to the zoning board of appeals, the sign permit shall be revoked.

(L.L. No. 3-2012, § 1, 4-3-12)

(a)

The following signs are permitted in any district zoned as residential:

1.

A building sign that does not exceed two (2) square feet in surface area that identifies the resident or the address;

2.

Not more than one non-illuminated ground sign not to exceed two (2) square feet in total surface area that identifies the residence or the address;

3.

In the event the premises are occupied by a place of worship, museum, library, social club or society, or government building, not more than one illuminated ground sign not to exceed twenty (20) square feet in total surface area and/or one illuminated wall sign not to exceed thirty (30) square feet in total surface area;

4.

Flags;

5.

Political signs;

6.

Real estate signs;

7.

Non-commercial window signs; and

8.

Temporary signs that state the name of a contractor doing work on the premises or announce a special occasion.

(L.L. No. 3-2012, § 1, 4-3-12)

The following signs are permitted within the restricted business use district (RB):

(1)

Any sign permitted within any residential district except signs permitted by section 25-226(A)(3).

(2)

On the front of the lot, not more than one non-illuminated or indirectly illuminated ground sign or monument sign not to exceed twenty (20) square feet in surface area. The ground sign or monument sign shall not exceed eight (8) feet in height and the distance between the ground underneath the sign and the bottom of the sign shall not be more than three (3) feet. Ground signs or monument signs must be sufficiently secure to prevent movement from wind. The area around the sign shall be landscaped, unless the planning board shall approve a waiver for this requirement. If indirectly illuminated, the glare from the source of illumination shall be screened from public view as much as practicable.

(3)

On the front of a building, not more than one non-illuminated or indirectly illuminated wall sign not exceeding three (3) square feet in surface area per linear foot of frontage of the building or structure on which it is erected. If the building is located at the intersection of streets, a sign may be placed on each side of the building facing a street. A wall sign shall not extend more than twelve (12) inches from the wall surface on which it is erected and shall not extend beyond the ends nor above the top of the wall. If indirectly illuminated, the glare from the source of illumination shall be screened from public view as much as practicable.

(4)

On the front of a building, not more than one awning sign not exceeding in surface area fifty (50) percent of the surface area of the awning on which the sign is placed. The awning sign shall not exceed three (3) square feet in surface area per linear foot of frontage of the building to which it is attached.

(5)

On the front of a building, not more than one non-illuminated or indirectly illuminated externally projecting sign that projects not more than six (6) feet and does not exceed fifteen (15) square feet of surface area. If indirectly illuminated, the glare from the source of the illumination shall be screened from public view as much as practicable.

Not more than one non-illuminated portable sign that does not exceed sixteen (16) square feet in surface area so long as it is located within the frontage of the building on the lot and not in the right-of-way.

(6)

Not more than one temporary banner or temporary illuminated portable sign advertising the opening of a new business or that is intended to be used as a substitute for a sign that is being repaired or replaced or which will be replaced by a permanent sign. The sign permit for such sign shall specify that the sign may be in place for no more than sixty (60) days. If connected to a power source, such signs shall be placed next to the building on the lot. The surface area of such signs shall not exceed thirty-two (32) square feet.

(7)

Not more than one temporary banner or temporary illuminated sign advertising a special event, promotion, new business or activity that does not exceed thirty-two (32) square feet in surface area.

(8)

Permits for a temporary banner or temporary illuminated sign advertising a special event, promotion, new business, or activity shall specify that the sign shall be in place for no more than fourteen (14) consecutive days.

(9)

No more than four (4) permits for a temporary banner shall be issued to the same applicant during any one calendar year.

(10)

No more than two (2) permits for a temporary illuminated sign shall be issued to the same applicant during any one calendar year.

(11)

Not more than one non-illuminated or indirectly illuminated wall sign placed on any part of a building not fronting on Delaware Avenue that is no more than fifteen (15) square feet in surface area.

(12)

No more than one wall mural per building.

(L.L. No. 3-2012, § 1, 4-3-12; L.L. No. 7-2016, §§ 1, 2, 9-20-16; L.L. No. 1-2021, § 1, 2-16-21)

The following signs are permitted within the general business and industrial districts:

(1)

Any sign permitted in a residential district or in the restricted business use district.

(2)

Not more than one non-illuminated or illuminated pole sign per tax parcel not to exceed twenty (20) feet in height nor fifty (50) square feet in total surface area. Pole signs shall be located so that no portion of the sign is less than two (2) feet from any property line. No pole sign shall be located so as to create a visual obstruction for vehicle or pedestrian traffic. The area around the base of the sign shall be landscaped.

(3)

One illuminated sign per business placed on the front of the building provided that the business is at least forty (40) feet from the street curb.

(4)

Not more than one non-illuminated or indirectly illuminated wall sign that identifies an entrance to a business and that is placed on any part of a building not fronting on Elmwood Avenue, Kenmore Avenue, or Military Road provided that it is no more than fifteen (15) square feet in surface area.

(L.L. No. 3-2012, § 1, 4-3-12; L.L. No. 7-2016, § 3, 9-20-16; L.L. No. 4-2018, §§ 2—5, 6-5-18; L.L. No. 1-2021, § 2, 2-16-21)

Any legal, preexisting sign in the restricted business use district, in the general business use district or in the industrial district may continue until there is a change of ownership of the business, change in the name of the business, whether or not said change in name or ownership is due to bankruptcy or foreclosure; and/or a change in the type of business. In the event there has been no change in business ownership, business name and/or a change in the type of business, any legal preexisting sign in the restricted business use district, in the restricted business use district, general business use district or in the industrial district may continue for a period of no more than seven (7) years from the date of the adoption of this article provided it conforms to all other applicable regulations of the Kenmore Municipal Code and the building code of the state. The zoning board of appeals may permit a longer amortization period upon the submission of competent proof by the owner of the sign that a longer amortization period is necessary to allow the owner to recover its investment.

(L.L. No. 3-2012, § 1, 4-3-12; L.L. No. 4-2018, § 5, 6-5-18)

(a)

Legislative findings. Murals have been found to add to the character of the community and quality of life. They promote a walkable community. Promoting public art provides an opportunity to view and enjoy the art, by creating a pedestrian-friendly focal points, respectful of existing buildings, neighborhoods, and open spaces. Murals can also help to promote the community and provide a focal point or destination within the village. It is therefore the determination of the village board of trustees to promote public artwork and to collaborate and cooperate with various individuals, groups, organizations, and associations concerned with art and culture and to promote the arts within the Village of Kenmore.

The purpose of this article is to describe the form, site layout, application process, review for murals to ensure that any mural will comply with vision of the comprehensive plan, promote the walkability of the village, and improve the quality of the community while being mindful of the history of the village and the overall character of the village.

(b)

Definitions.

Artist. A person who creates artwork as a profession and or has a reputation within the art community as having talent in producing artwork.

Applicant. Person or entity requesting approval of a mural application. If not the owner, the applicant must have written authorization to submit the application.

Installation. The process of putting up a mural, including, but not limited to, scaffolding, preparing, sketching, painting, sealing the mural design, placement of any permitted plaque, removal of scaffolding, and other equipment from the site of the mural.

Owner. The person or entity on title of the property as shown on deed recorded in the Erie County Clerk's Office.

Wall. The side of a building or structure.

(c)

General regulations.

(1)

A mural may be installed on private or public nonresidential property only after the issuance of a permit from the Village of Kenmore Building Department. The requirements of this article shall not apply to residential property. No murals are allowed on residential property.

(2)

Murals may contain only images and depictions that are not lewd, obscene, indecent, or patently offensive. Outside of the mural artist's name or signature, and the date, a mural may not contain any writing.

(3)

No building or wall shall have more than one mural.

(4)

The name of the artist creating the permitted mural and the name of a sponsor may be displayed on an adjacent plaque that is no more than eight (8) inches in height and eight (8) inches in length provided that such plaque is made a part of the mural application.

(d)

Permit application.

(1)

Before a mural may be installed, an application for mural installation (the "application") shall be submitted to the building department.

(2)

The application form shall require that the following information:

a.

The property address and parcel identification number where the proposed mural will be located;

b.

A site plan setting forth in detail where the mural is to be located on the property, its overall dimensions, the materials/medium to be used, and the location of any plaque identifying the artist and/or the sponsor;

c.

The name and contact information of the artist and his/her statement describing the proposed mural;

d.

The name and contact information of the applicant, if different from the artist;

e.

A photograph, detailed colored sketch, or reasonably accurate graphic of the proposed mural;

f.

A notarized statement signed by all property owners of record that they:

i.

Have reviewed the application, including the photograph or detailed reasonably accurate graphic of the proposed mural;

ii.

Agree to the installation of the proposed mural on their property pursuant to the details set forth on the application;

iii.

Approve the submission of the application; and

iv.

Assume responsibility for the maintenance and upkeep of the mural and will remove said mural if directed by the Village of Kenmore.

g.

The resume of the proposed mural's artist and, if attribution is to be made on the permitted plaque, the text of such attribution.

h.

The name of any sponsor of the mural, if the sponsor is to be identified on the permitted plaque.

i.

A waiver that the mural artist waives all rights and claims over and to the mural in the event the location where the mural is located is to be demolished by the village.

j.

Detail including, but not limited to, the material/medium, colors, method for application, estimated time to complete the mural, and details about installation (scaffolding, electrical wiring, etc.). The building inspector/code enforcement officer and/or planning board may require additional information.

(3)

The building inspector/code enforcement officer shall forward a copy of a completed application to the planning board for review and recommendation and shall inspect the proposed location to determine if any repairs need to be addressed and if the proposed location appears to be structurally sound.

a.

Compliance. The planning board shall determine whether a proposed mural is in compliance with this local law and any other applicable laws and regulations, and whether the application should be approved, denied, or modified.

i.

A final decision by planning board regarding the mural shall be transmitted in writing to the applicant.

ii.

Where an applicant disagrees with the final decision of the planning board, and does not wish to amend the application or obtain a sign permit, the applicant may appeal the determination, within thirty (30) days of the date that the final decision is transmitted to the applicant in writing, to the board of trustees, whose determination shall be final.

b.

Traffic hazard determination. The planning board shall determine whether the proposed mural may result in a distraction or hazard to drivers.

i.

Within thirty (30) days of the receipt of an application, the planning board shall make a determination of whether the proposed mural is a traffic hazard or will create an undue and dangerous distraction to motorists.

ii.

The planning board shall provide written comments and a recommendation for approval or denial to the building inspector/code enforcement officer within ten (10) days of review of their review meeting.

iii.

Where an applicant disagrees with the final decision of the building inspector/code enforcement officer that the proposed mural creates a traffic hazard or an undue and dangerous distraction to motorists and does not wish to amend the application, the applicant may appeal the administrative determination by filing an appeal of the administrative decision within thirty (30) days of the date that the final decision is transmitted to the applicant in writing, or by invoking another appropriate remedy in a court of competent jurisdiction.

iv.

The planning board shall provide written comments and a recommendation for approval or denial of the mural installation permit to the building inspector/code enforcement officer within ten (10) days of the meeting in which the review of the complete mural installation application occurs.

v.

If recommended for approval by the planning board, the building inspector/code enforcement officer may issue the permit for mural installation.

vi.

If not recommended by the planning board, no permit shall be issued until requested modifications are made to the application and resubmitted or the applicant moves forward with a sign permit application.

(e)

Duration. A mural permit shall be valid for two (2) years from the date of issuance, provided no work has begun and there are no changes to the design of the mural or any other information contained on the mural or plaque.

If no work has begun within one hundred eighty (180) days from issuance, the permit shall be deemed to be abandoned, and approval shall be withdrawn. Written notification shall be sent to the owner listed on the application.

If work has begun but there has been no work for one hundred eighty (180) days, the permit shall be deemed to be abandoned, and approval shall be withdrawn. Written notification shall be sent to the owner and may include instruction to paint over any work completed or the owner shall be in violation.

If the mural is not completed within the time specified in the permit, or under the terms described in this section, the owner shall be responsible for painting over any uncompleted work or any other directive of the building inspector/code enforcement officer.

(f)

Inspection. Upon completion of a mural, the applicant shall inform the building inspector/code enforcement officer, and the building inspector/code enforcement officer will conduct an inspection to ensure the mural is in compliance with this article and any other applicable law, rules, and regulations. The building inspector/code enforcement officer shall take at least one photograph of the mural with sufficient detail to identify the site, mural size, mural location, and mural image consistency with the permit application. The photograph(s) taken shall be filed with the village.

(g)

Penalty. The owner shall be responsible to maintain the appearance of the mural. Failure to maintain the appearance of the mural, shall be considered a violation and punishable by a fine of one hundred dollars ($100.00) per day.

(h)

Revocation. A permit granted by the village under this article can be suspended or revoked, upon written notice to the applicant, when:

(1)

The permit is issued in error;

(2)

The permit is issued on the basis of incorrect information supplied by the applicant; or

(3)

The permit is issued in violation of any of the provisions of this article or other applicable law, rules, and regulations.

(L.L. No. 1-2021, § 3, 2-16-21)