A.

Intent and applicability.

1.

The purpose of this section is to protect the public health, welfare and safety by regulating existing and proposed outdoor advertising and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, and protect the physical appearance of the community. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents and to reduce the adverse effects of signage on natural beauty and on the general environment of the community as a whole.

2.

No sign shall be erected, placed or altered at any place in the Village of Lewiston except as provided by this chapter and only after a permit has been issued in compliance with the provisions of this chapter, unless expressly stated otherwise.

3.

No sign for which a permit has been issued hereunder shall be moved, altered, changed, enlarged or reconstructed without a new permit having first been issued therefore in accordance with the provisions of this chapter.

B.

Definitions.

1.

The term "sign" shall mean any material, structure or device, or part thereof, composed of lettered, or pictorial matter, or upon which lettered or pictorial matter is placed when used or located out-of-doors or outside or on the exterior of any building including window display area, for display of an advertisement, announcement, notice, directional matter or name, and includes frames, billboards, sign boards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.

2.

The "face area" of a sign shall be the surface devoted to the conveying of the message exclusive of the structure to support it properly, trim and framing device and any appurtenances required by building codes. In the case of open sign structures not having a solid surface or a sign not otherwise inscribed in a definitive area, the area of the sign shall be taken as the area required to circumscribe all letters and devices exclusive of supports using the product of the greatest horizontal dimensions and the greatest vertical dimension required to fully enclose the sign.

Freestanding signs shall have parallel faces and only one display face shall be measured in determining total sign area.

3.

The term "erect" shall mean to build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs.

4.

The term "front" or "face" of a building shall mean the outer surface of a building, which is visible from any private or public street or highway.

5.

The term "illuminated sign" shall mean any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.

6.

The term "lighting device" shall mean any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.

7.

The term "projecting sign" shall mean a sign, which is wholly dependent upon a building for support and projects in a perpendicular manner more than eight inches from such building but less than 36 inches from the façade.

8.

The term "freestanding sign" shall mean any sign resting upon or attached to the ground by means of an integral base or one or more poles or standards. Freestanding signs include both pole signs and ground signs.

9.

The term "wall sign" shall mean any sign which is wholly dependent upon a building for support and which projects no more than eight inches from such building.

10.

The term "window sign" shall mean any sign in, on or near a window surface designed to be viewed from the exterior of the premises.

(a)

Temporary window sign—A window sign designed to advertise a special event.

(b)

Permanent window sign—A window sign designed to advertise the enterprise therein.

11.

Directional sign—A sign commonly associated with and limited to information and directions necessary and convenient for persons coming on the property; including signs marking entrances, parking areas, one-way driveways, rest rooms, pickup and delivery areas, and handicap areas.

12.

Flashing sign—A moving, animated or illuminated sign on which any artificial or reflected light is not maintained stationary and constant in intensity or color at all times when in use. A revolving illuminated sign shall be considered a flashing sign.

13.

Private sale sign—A temporary sign advertising the sale of personal property at house sales, garage sales, rummage sales and the like.

14.

Real estate sign—A temporary sign pertaining to the sale or lease of the premises, or a portion of the premises on which the sign is located.

15.

Temporary sign—A sign which is designed to announce a special event or activity, erected on any premises which is intended to be removed upon the conclusion of the special event or activity.

16.

Warning sign—Signs limited to message of warning, danger or caution.

17.

Awning/canopy sign—A drawing, printing or other configuration, printed on or attached to an awning or canopy, which purports to indicate the nature or name of, or to publicize, any service, any organization or any commercial enterprises.

18.

Roof sign—A sign that is mounted upon the roof or extending above the roofline of a building.

19.

Awning—A roof-like covering of canvas or other flexible materials, which extends from the wall of a building.

20.

Business establishment—A mercantile building or portion thereof, in which a business operation is conducted.

21.

Canopy—A roof-like covering of metal or other rigid material, which extends from the wall of a building.

22.

Enterprise—Any business activity having an address located within the Village of Lewiston.

23.

Finished ground level—The natural surface of the ground, or surface of the ground after completion of any change in contour.

24.

Window glass area—The total glass area of all windows located on the same building side and floor as a window sign, including any windows within a door frame.

25.

A-frame/vertical sign—A hinged freestanding sign that is composed of two sign faces, unattached to any building or ground surface and which opens in an "A" shape or a vertical sign.

26.

The term "suspended sign" shall mean any sign attached to and supported by the underside of a horizontal plane.

C.

Prohibited signs. The following prohibitions shall apply to all districts in the Village of Lewiston:

1.

No sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light, lights or images. Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity.

2.

No illuminated sign or lighting device shall 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.

3.

No sign shall attempt or appear to attempt to direct the movement of traffic or imitate or resemble any official sign, signal or device.

4.

No sign shall be erected in such a manner as to prevent any pedestrian or a driver of a vehicle from having a clear and unobstructed view of any official sign, entrance or exit of any sidewalk or roadway, intersection, approaching or merging traffic.

5.

No sign shall be attached to a vehicle parking either in the right-of-way or on private property so as to be visible from the street, which sign is designed to advertise or otherwise direct attention to a business establishment.

6.

No signs shall be placed on the roof of any building or project above roofline.

7.

Except as permitted and regulated under section 13.F of appendix B, no sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving, fluttering or revolving devices. The said devices, as well as strings of lights, shall not be used for the purpose of advertising or attracting attention when not part of a sign.

8.

No combination of permanent and temporary window signs in a window of a building shall occupy more than 30 percent of the area of said window.

9.

No off-premises signs shall be permitted.

10.

No sign which is obsolete or not in a good state of repair or not securely affixed to a building or substantial structure shall be permitted.

11.

No sign or fluttering device shall be erected in such manner as to obstruct free egress from a window, door, fire escape, or public way so to become a menace to life, health or property.

12.

No sign, banner or material of any sort shall be suspended across any public street, sidewalk or parking lot or any driveway without a special permit issued by resolution of the board of trustees.

13.

Upon submission of application and all requested information, the village zoning officer may grant approval for one A-frame/vertical sign per business. Eligibility for authorization of an A-frame/vertical sign requires the business to have a primary sign approved by the planning commission (refer to section 13, Sign regulations, of the Village Code) before A-frame signs (secondary signage) can be considered. Evidence of insurance coverage for the sign, with the Village of Lewiston listed as additionally insured, must be submitted with the application, as well as an image of the proposed location of the A-frame/vertical sign. If approved, the use of one A-frame/vertical sign would not be counted towards the allowed signage (refer to section 13, Sign regulations, of the Village Code). No A-frame/vertical signs of any size, shape or design shall be permitted within the public right-of-way of village streets. The sign must be non-illuminated, not exceed eight square feet in area and 4 feet in height and have nothing attached to it. The use of an A-frame/ vertical sign is only permitted during the business' hours of operation. The business is to put the A-frame/vertical sign out no sooner than open of business and remove by close of business and be sufficiently secure to prevent movement from the wind. Any weights or cords used with the sign must also be taken in with the sign. Placement will not obstruct free egress from a window, door, or a fire escape and will not interfere with vehicular or pedestrian access or visibility. Failure to comply with the requirements detailed above may result in the revocation of the A-frame/vertical sign approval, and/or a $100.00 fine. The village zoning officer has the right to collect the A-Frame/vertical sign, if it is left out beyond the business' hours of operation.

14.

No sign shall be erected in the Village of Lewiston unless it is specifically permitted under this section. If a sign is not specifically permitted in this section it shall constitute a prohibited sign.

D.

Permitted signs.

1.

Permitted in all districts; no sign permit required. The following signs are permitted in all districts and no sign permit shall be required to erect such sign:

a.

Signs advertising the sale, lease or rental of the premises upon which the sign is located, which sign shall not exceed six square feet in area, provided such sign is erected or displayed not less than five feet inside the property line. This sign must be removed from the premises within seven days after the property is sold or leased. Not more than one sign shall be permitted for each street contiguous to the premises, but in no case shall there be more than two signs on the premises.

b.

Official signs, notices or direction devices erected or maintained by federal, state, county or local government or an agency thereof.

c.

In residential districts, signs denoting the name and address of the occupants of the premises, which shall not exceed two square feet in area on any one side.

2.

Permitted in all districts; sign permit required. The following signs are permitted in all districts and a sign permit shall be required prior to erecting such sign:

a.

Professional nameplates that shall not exceed two square feet in area on either of two sides.

b.

Parking lot markers, directional signs, entrances and exit signs and other such signs which are erected on the premises which shall not exceed two square feet in area on any one side and shall not contain any advertising of the use on the premises.

c.

Signs or bulletin boards customarily incidental to places of worship, libraries, museums, municipal buildings, which signs or bulletin boards shall not exceed a total of 16 square feet in area, measuring one face of each sign and shall be located on the premises of such institutions, provided such signs or bulletin boards are erected or displayed not less than five feet from inside the property line.

3.

Permitted in business districts; sign permit required. The following signs are permitted in all business districts and a sign permit shall be required prior to erecting such sign. Said signs are to be used solely for the purpose of identifying the business, occupants, and address of the premises on which the sign is erected.

A.

Each separate enterprise shall be permitted to erect any two of the following five types of signs, but not two of the same type. If an enterprise occupies more than one acre, they shall be entitled to up to three of the following five types of signs, but not more than one of each kind.

1.

Wall sign. [Refer to section 13.B.9]

a.

The size of the wall sign, or in the case of more than one enterprise in one building, the total combined size of each wall sign, shall be no greater than one square foot for each one lineal foot of wall width upon which the surface of the sign is to be erected, provided that no wall sign, or total combined size of each wall sign, shall exceed 40 square feet in area and shall not be placed closer than two feet to the ends of the building.

b.

Where two or more enterprises occupy the same physical space or are located in such proximity, one to the other, that it is necessary to pass through one enterprise to reach the other, the combined total wall signage shall not be greater than that permitted for a single enterprise.

c.

Where two or more enterprises occupy the same building but not the same area, the size of sign permitted for each enterprise shall be proportional based upon their respective portion of the total lineal building width of the wall they are mounted upon.

d.

Where a building fronts on two public streets, one additional sign of any category, except freestanding, may be erected, subject to the following provision:

[i]

The total area of the combination of signs shall be not greater than 40 square feet.

2.

Projecting signs. [Refer to section 13.B.7] A projecting sign shall not exceed six square feet in face area for a single face and shall be subject to the following:

(a)

No part of the sign shall be less than eight feet above finish grade.

(b)

It shall have no more than two faces, and in no case shall the largest dimension exceed three feet.

(c)

The edge of the sign farthest from the building wall shall be not more than 36 inches distant from said wall.

(d)

It shall not project into a public right-of-way without prior written consent.

3.

Awning/canopy signs. [Refer to section 13.B.17, 19, 21]

a.

Awning/canopy signs shall not exceed six square feet.

b.

An enterprise may place signage upon only one awning/canopy if the building contains more than one awning/canopy. Where an awning/canopy covers more than one enterprise, each separate enterprise shall be entitled to identify itself thereon. Subject to above.

c.

All awnings/canopies, if artificial illumination is present, shall be opaque.

d.

Any awning/canopy sign shall contain only the name of the enterprise and street number of the enterprise.

4.

Window signs. [Refer to section 13.B.10]

a.

The total area of all permanent window signs shall not exceed 25 percent of the window glass area of the affected window. In no event, however, shall any combination of permanent and temporary window signs cover more than 30 percent of any given window, nor exceed 12 square feet.

b.

In addition to the proprietary name and address, each sign may not have more than five generic words identifying the type of establishment.

5.

Freestanding signs. [Refer to section 13.B.8] All freestanding signs, both ground mounted and pole mounted, shall be limited to not more than two faces. Such signs shall not exceed 40 square feet in area on any one side. No freestanding sign shall be placed nearer any street right-of-way or lot line than ten feet.

a.

Ground mounted. The height of a ground-mounted sign shall not exceed eight feet.

b.

Pole mounted. The maximum height of a pole sign shall not exceed 15 feet above ground, nor shall the lowest portion be closer than eight feet to the ground except for the pole supporting the sign.

6.

Suspended sign. [Refer to section 13.B.26] The total square footage of a suspended sign shall not be greater than one square foot for each linear foot of the horizontal plane from which the sign is suspended and not exceed eight square feet in face area for a single face. In addition, the suspended sign shall be subject to the following:

a.

No part of the sign shall be less than eight feet above finish grade as measured from the elevation of the ground directly beneath the center of the sign to the bottommost edge of the sign.

b.

It shall have no more than two faces.

c.

It shall have no more than two lines or one line and a symbol identifying the establishment.

d.

It shall not project into a public right-of-way without prior written consent.

B.

One neon/neon-like "OPEN" sign is permitted, not to exceed two square feet in area. Subject to section 13.C.1. There shall be no other neon or neon-like signs.

4.

Permitted in all districts except B-1, RB and RB-2.

a.

No signs shall be erected except monuments, historic markers, or other public information or directory devices erected by a public agency, unless approval of the board of trustees is obtained after recommendations of the historic preservation/planning commission.

5.

Permitted in R-4 districts; sign permit required. The following signs are permitted in all R-4 districts and a sign permit shall be required prior to erecting such sign:

a.

Each property, regardless of the number of enterprises located thereon, shall be permitted to erect one wall sign. In addition thereto, each property may have either one projecting sign, one awning/canopy sign or one freestanding sign. No window signs shall be permitted.

1.

The size of the wall sign shall be no greater than 12 square feet. Where a property fronts on two public streets, one additional wall sign may be erected, subject to the following provisions:

(a)

The total area of any combination of signs shall be not greater than 18 square feet.

(b)

No individual sign shall be larger in dimension than otherwise permitted in this chapter.

2.

A projecting sign shall not exceed two square feet in face area for a single face and shall be subject to the following:

(a)

No part of a sign shall be less than eight feet above finish grade.

(b)

It shall have no more than two faces, and in no case shall the largest dimension exceed three feet.

(c)

The edge of the sign farthest from the building wall shall be not more than 36 inches distant from said wall.

(d)

It shall not project into a public right-of-way without prior written consent.

3.

An awning/canopy sign shall not exceed six square feet. All awnings/canopies, if artificial illumination is present, shall be opaque.

4.

A freestanding sign (ground sign or pole sign), having not more than two faces, shall not exceed 12 square feet in area on any one side. The height of the ground sign shall not exceed eight feet. The maximum height of a pole sign shall not exceed 15 feet above ground, nor shall the lowest portion be closer than eight feet to the ground except for the pole supporting the sign. No freestanding sign shall be placed nearer any street right-of-way or lot line than ten feet.

No sign shall be erected or maintained nearer the building facade than three feet, or nearer the sidewalk surface than eight feet, and must be placed so as not to obstruct pedestrian passage on the sidewalk.

b.

Said signs are to be used solely for the purpose of identifying the business(es), occupants and address of the premises on which the sign is erected. Such sign may use generic words when identifying the type of establishment. In addition to the proprietary name and address, each sign may have not more than five words. An awning/canopy sign shall contain only the name of the enterprise(s) and street number of the enterprise.

E.

Temporary signs. The dimensions of any temporary sign, its placement and the message or wording thereon shall be regulated, unless otherwise noted, by the provisions of this section 13.

1.

Signs not requiring a permit:

A.

The following signs shall be permitted in all districts on a temporary basis without the necessity for obtaining a permit:

(1)

One non-illuminated, single-faced construction sign denoting the architect, engineer and/or builder, not exceeding 32 square feet in area per face, located at least 15 feet from any property line, may be erected on the construction site of any dwelling or other development. Any such sign shall be removed within six months of its erection, seven days of completion of the construction repair or renovation or upon total occupancy, whichever comes first.

(2)

One non-illuminated home improvement or remodeling contractor sign not exceeding six square feet per face, located at least 15 feet from any property line, may be erected on the project site. Any such sign shall be removed within two months of its erection or within seven days of completion of the project, whichever comes first.

(3)

One non-illuminated real estate sign not exceeding six square feet in area per face, located at least five feet from all property lines and not more than four feet in height. Such sign shall be removed within five days after the time of the contract of sale or lease.

(4)

Private sale signs not exceeding four square feet may be displayed for a period not to exceed three days.

(5)

Warning signs. If intended to remain in place more than five days, placement shall require a permit from the zoning enforcement officer.

B.

The following signs shall be permitted in all business districts on a temporary basis without the necessity for obtaining a permit:

Signs designed to advertise a special event or nonprofit activities may be displayed for a period of not more than 21 days prior to and seven days after the advertised event and shall be limited in size to 30 percent of the window glass area. In no event shall the combined window coverage of permanent and temporary window signs be more than 30 percent of any given window.

2.

Signs requiring permits:

A.

The following signs may be permitted on a temporary basis after obtaining a temporary sign permit as approved by the zoning officer:

(1)

A charitable or not-for-profit educational, professional or service organization. The sign shall be no greater in dimension than 20 square feet and shall be located only on the premises where the event advertised is located.

Any additional off site premise signs shall be limited to three square feet, ground mounted. Number and location to be determined by the historic preservation/planning commission. A $50.00 deposit is required which will be forfeited seven days after the event if signs are not removed.

(2)

A newly established or located business establishment awaiting the approval of a permanent sign permit.

(3)

An existing business which has lost the use of an earlier, legal, existing sign by reason of accident or other unanticipated event beyond the control of the owner of the business.

(4)

A newly constructed multiple residence or commercial development, announcing the availability of leases or sales.

B.

Each application for a temporary sign permit shall be made on the form provided and describe the manner in which the proposed sign is to be erected. Such permit may be granted by the historic preservation/planning commission to the proprietor of the enterprise where the proposed sign is to be erected.

C.

A temporary sign permit, if granted, shall be effective for a period not to exceed 30 days from the date of issue. The permit may be extended once for an added period not to exceed 30 days upon written application, setting forth the special circumstances requiring the extension.

D.

Each applicant except those excluded by this chapter shall be required to pay an application fee of $50.00. An additional fee shall be charged if an extension is granted.

F.

Permit procedures. Except for such signs as are specified in section 13.D.1, no sign shall be erected without first obtaining a permit in accordance with the provisions of this law.

1.

Application. Application for a sign permit shall be made to the historic preservation/planning commission through the village clerk-treasurer upon prescribed forms and shall contain the following information:

a.

Name, address and telephone number of the applicant.

b.

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

c.

Scale drawings including dimensions showing: Lettering and/or pictorial content of sign; construction details; position of lighting or other extraneous devices; a location plan showing the position of the sign on any buildings or land, and its position in relation to nearby building, structures, or existing signs, and to any private or public street or highway.

d.

Written consent of the owner of the building, structure or land to which or upon which the sign is to be erected, in the event the applicant is not the owner thereof.

2.

Zoning enforcement officer's (ZEO) review. Upon receipt of a properly completed application, the ZEO shall review said application and, if he/she deems necessary, the premises upon which the proposed sign is to be erected. Upon making such review, the ZEO shall forward the application together with any comments or recommendations he/she may find appropriate to the historic preservation/planning commission.

3.

Planning commission review. Upon receipt of the application from the zoning enforcement officer, the historic preservation/planning commission shall review said application not later than its next regularly scheduled meeting. The applicant or his agent shall attend such meeting. If the commission determines that additional information is required to make its determination, the applicant shall submit same. The commission, upon receiving the required information, shall make a determination approving or disapproving the application.

In determining the acceptability of any proposed sign, the historic preservation/planning commission shall apply the following criteria:

(a)

The sign, as proposed, will not be detrimental to the subject premises and other property in the immediate area.

(b)

The sign, as proposed, will not create a hazard.

(c)

The sign, as proposed, will not interfere with the use of public lands or highways.

(d)

The sign, as proposed, is in harmony with the purpose of this section and the zoning district in which the sign will be located.

(e)

The sign, as proposed, shall be in aesthetic and architectural harmony with the subject premises and other signs and buildings in the immediate area.

4.

Issuance of permit. Upon receiving notice of the determination of the commission approving an application, the zoning enforcement officer shall cause to be issued a sign permit. If the sign authorized under such permit has not been completed within six months from the date of issuance of the permit, the permit shall become null and void, but may be reviewed within ten days from the expiration thereof upon a showing of good cause and upon payment of an additional fee as required.

5.

Disapproval of permit. Upon receiving notice of the determination of the commission disapproving an application, the zoning enforcement officer shall cause to be issued a notice to the applicant of the disapproval and that the applicant has the right to appeal the historic preservation planning commission's determination and/or apply for a variance to the village zoning board of appeals.

6.

Fee. A fee established by the board of trustees shall be paid upon issuance of a permit for such sign to the Village of Lewiston Clerk's Office.

G.

Revocation of permit and removal of certain signs.

1.

General conditions.

a.

All signs must be kept clean, neatly painted, and free from all hazards, such as, but not limited to, faulty wiring, loose fastenings, and must be maintained at all times in such tidy and safe conditions so as not to be detrimental to the public health and safety. Any sign found unsafe or insecure, or a menace to the public shall be suitably repaired or removed. Any illuminated sign shall bear the underwriters' label and shall be designed so as to protect adjoining or nearby property and/or street from direct glare, nuisance or hazardous interference of any kind.

b.

Any sign existing on or after the effective date of these regulations which advertises a business, product, or services no longer conducted or available, shall be removed by the owner of the premises upon which such sign is located, after written notice provided by the zoning enforcement officer.

2.

Enforcement. In the event of a violation of any of the foregoing general conditions, the zoning enforcement officer shall give written notice to the named owner of the sign and/or the named owner of the land on which the sign is located, either to conform or to remove such sign within 30 days of such notice. Upon failure to comply with such notice, the zoning enforcement officer shall revoke the sign permit and may remove or repair such sign, assessing all incurred costs and expenses against the owner and add the expense of removal to the next taxes assessed to the property. The zoning enforcement officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice. The remedies herein shall not be considered exclusive, but in addition to any other remedy available to the village.

H.

Nonconforming signs.

Discontinuance and removal. Any nonconforming sign existing at the time of the adoption of this section shall be discontinued, and the sign and the structural components shall be removed.

(Code 1978, app. B, § 13; L.L. No. 1-1973; L.L. No. 2-1978, § 1; L.L. No. 2-1994, § 1; L.L. No. 3-1994, §§ 1—4, 3-21-1994; Amd. of 1-6-2014; L.L. No. 2-2017; L.L. 01-2022, 4-4-2022; L.L. No. 4-2022; L.L. 15-2023, 7-17-2023)