Liverpool City Zoning Code
ARTICLE XVI
Signs
§ 380-97 Purpose and intent.
The purpose of this article is to regulate the use of exterior signs to protect the health, safety and welfare of the community and allow equitable use of the public environs to communicate necessary business and private information. It is further intended to safeguard the public use and nature of streets and sidewalks by minimizing the visual distractions to motorists using the public streets and prevent diminishing property values of the Village neighborhoods. Moreover, this article is intended to enhance Village aesthetics and community character and to ensure that the existing/proposed sign is in compliance with the vision and intent of the Village of Liverpool Comprehensive Plan 2025 and the intent of the zoning district in which it exists. Signs should also be consistent with the Village of Liverpool Community Design Handbook.[1]
[1]
Editor's Note: The Comprehensive Plan and the Community Design Handbook are on file in the Village offices.
§ 380-98 Application of regulations.
A.
The regulations contained in this article shall apply to all signs erected after the effective date of this article and to all existing signs as set forth herein. Except as hereinafter provided, no sign shall be erected, maintained or altered except in conformity with the provisions of this article.
B.
Nonconforming signs. Signs erected prior to the effective date of this article that do not conform to the provisions contained herein may continue in use subject to the following conditions:
(1)
Such nonconforming signs may remain in use as long as the use for which they were established continues to exist in the building and such sign remains in structurally sound condition, does not pose a visual distraction to motorists and does not diminish property values of all Village neighborhoods, but not to exceed five years from the date of adoption of this article.
(2)
Where existing signs on the property fail to comply with the provisions herein, no additional sign(s) shall be permitted thereon.
(3)
Nonconforming signs shall not be changed or altered in any manner except for routine maintenance such as normal repairs, repainting or to bring into conformance with this article, but not so as to increase the degree of nonconformity.
(4)
Upon vacating the premises, the tenant, or in his absence the property owner, shall remove all nonconforming signs, sign supports and attendant hardware.
(5)
Owners of nonconforming signs existing at the time of adoption of this article must register such signs with the Code Enforcement Officer within three months after notification by such official that their signs are nonconforming. Registration of such nonconforming signs shall be in such manner and upon such forms prescribed by such official. Failure to register such signs as herein provided shall terminate all rights to continued use of such nonconforming signs.
C.
Interpretation. Where the provisions of this article are inconsistent or conflicting, the most restrictive provision shall apply.
§ 380-99 Definitions.
Please see § 380-5, Definitions.
§ 380-100 General prohibitions.
The prohibitions contained in this section shall apply to all signs in all zoning districts in the Village.
A.
Hazards to public safety. Signs which, by their use or simulation of colors, design or placement, tend to confuse, detract from or in any other way obstruct the utilization of traffic regulatory devices are prohibited. Signs shall not be located in such a manner as to restrict vision or impair safety.
B.
Obstructions. No sign shall obstruct by physical or visual means any fire escape, window, door or any opening providing ingress or egress designed for fire or safety equipment, any passageway from or part of a structure or roof to another portion thereof or any opening required for ventilation or which is required to remain unobstructed by any applicable law or regulation.
C.
Illumination.
(1)
Any illuminated sign or lighting devices shall employ only lights emitting constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or so directed as to permit the beams or illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or privately owned premises adjacent to any of these so as to cause glare or reflection.
(2)
Neon tube lighting or similar devices shall not be used to frame windows or as an accent on building exteriors without approval of the Planning Board. Such devices erected prior to the effective date of this article that do not conform to the provisions contained herein may continue in use as long as the use for which they were established continues to exist in the building, but not to exceed two years from the date of adoption of this article.
[Added 9-20-2010 by L.L. No. 3-2010]
D.
Projections. No sign shall be erected on or project over any street or public right-of-way except as hereinafter provided. No sign shall project over a vehicular driveway on private property at an elevation of less than 14 feet above the driveway surface.
E.
Placement. No sign shall be placed upon or attached to any public or private utility pole, lamppost, fire hydrant, bus shelter, sidewalk, bridge, tree or similar installation or improvement, whether situated upon public or private property.
F.
Public property. No sign shall be placed or erected on any public property without first obtaining written approval of the Board of Trustees.
G.
Other prohibited signs. Billboards, mobile or movable signs, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices are prohibited.
§ 380-101 Exemptions.
A.
The provisions of this article shall not apply to signs established pursuant to governmental authority or used for the identification of public buildings, facilities and activities sponsored by a governmental authority or of any official character, such as traffic regulation devices authorized by the Vehicle and Traffic Law of the State of New York, civil defense warning signs, railroad crossing designations, bus stop signs and any other sign authorized and required under federal, state or local law or which contains information required and designed for the protection and safety of the general public, such as danger areas, work areas, utility warnings, safety warning devices and similar notices.
B.
The Planning Board may by resolution exempt from this article, with or without conditions, existing nonconforming signs which may be found by the Planning Board to be an integral component of a site, building, structure, work of art or other premises, having a special character or special historical or aesthetic interest or value deemed worthy of protection, enhancement and perpetuation.
§ 380-102 Signs allowed without a permit. [1]
[1]
Editor's Note: The table of Signs Allowed Without a Permit is included at the end of this chapter.
§ 380-103 Signs requiring a permit. [1]
[1]
Editor's Note: The table of Signs Requiring a Permit is included at the end of this chapter.
§ 380-104 Administration.
A.
Sign permit.
(1)
A sign permit shall be required prior to the performance of any sign work, including but not limited to the erection, placement, relocation, alteration, modification or major repair of a sign or its structural appurtenances.
(2)
No sign permit shall be required for routine maintenance, including minor repairs such as repainting, bulb replacement and repair of electrical or mechanical parts.
(3)
A sign permit is required in addition to any building permit issued for the erection or alteration of a building or structure; a building permit shall not constitute approval for the signage of a building.
B.
Application for a sign permit. Application for a sign permit shall be made in writing, by the property owner, to the Code Enforcement Officer upon forms prescribed and provided by such official.
C.
Issuance of a sign permit. Upon filing of an application for a sign permit, the Code Enforcement Officer shall determine whether the proposed sign is in compliance with the requirements of this article and other laws of the Village, and is in significant compliance with the vision and intent of the Village of Liverpool Comprehensive Plan 2025[1] and the purpose of the zoning district. If the proposed sign requires Planning Board approval, the application shall be forwarded to such Board for its consideration. If it shall appear that the proposed sign complies with all applicable requirements, the Code Enforcement Officer shall, within 15 business days from the filing of the completed application or approval of the Planning Board, where required, issue a permit for the erection of the proposed sign. If the sign authorized under any such permit has not been completed within 90 days from the date of issuance of such permit, the permit shall expire.
[1]
Editor's Note: The Comprehensive Plan is on file in the Village offices.
D.
Revocation of permit.
(1)
Any sign work not performed in conformance with the provisions of this article, including sign work performed without a permit, and any sign maintained in an unsafe condition so as to be detrimental to public health or safety shall constitute a violation of the provisions of this article.
(2)
In the event of such a violation, the Code Enforcement Officer shall give written notice specifying the violation to the owner of the sign, if known, and the owner of the land upon which the sign is located, to bring the sign into conformance with the provisions of this article or to remove such sign. The sign shall be brought into conformance within 15 days of the date of said notice. If the violation is not corrected within the time specified, the Code Enforcement Officer shall revoke the permit, if issued, and cause the sign to be removed.
E.
Removal of certain signs.
(1)
If the Code Enforcement Officer shall find that any sign regulated by this article is unsafe or not secure or is a menace to the public, such official shall give written notice to the named owner of the sign and also the owner of the land upon which the sign is erected, who shall remove or repair said sign within 15 days from the date of said notice. If said sign is not removed or repaired, the Code Enforcement Officer shall revoke the permit issued, if any, for such sign as herein provided and/or may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located.
(2)
The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property, any temporary sign not removed at the expiration of 15 days or any sign placed upon public property to be removed summarily without notice.
(3)
Any sign which, in the determination of the Code Enforcement Officer, is abandoned or no longer advertises a bona fide business conducted or product sold on the premises shall be taken down and removed by the owner, agent or persons having the beneficial use of the building, structure or land upon which said sign shall be found within 10 days after written notification from the Code Enforcement Officer. Where a business activity has been discontinued for a period of 90 days, the related sign(s) shall be presumed to be abandoned unless the owner, beneficial user or other party in interest files a written certification with the Code Enforcement Officer that such sign is to be utilized within 30 days following such ninety-day period.
(4)
Abandoned signs not removed by the owner within 30 days after notice to remove a sign shall be removed by the Village, with all costs and expenses so incurred assessed against the property on which such sign is located.
F.
Construction standards.
(1)
All signs installed after the effective date of this article shall have attached to such sign a nameplate giving the sign permit number.
(2)
All signs employing electrical components shall be inspected and approved by any electrical inspection agency authorized by Chapter 156 of this Code.
(3)
All transformers, wires and similar items shall be concealed. All wiring to ground signs shall be underground.
(4)
All ground signs shall be designed and constructed to withstand a wind force as provided in the Building Code.
(5)
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.
(6)
Signs shall be erected and/or fabricated to employ only acceptable safety material in accordance with generally accepted standards.
(7)
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.
(8)
Sign supports shall be placed to limit the visual appearance of such supports to that which is absolutely necessary for supporting the sign structure.