Manchester Village City Zoning Code
ARTICLE XII
Signs
§ 290-72 Purpose.
The intent of these regulations is to promote and protect public health, welfare and safety by regulating and restricting the erection, construction, repair, removal, alteration and maintenance of signs and other advertising devices in the Village. The regulations are intended to promote and protect public health, welfare and safety by regulating and restricting existing and proposed signs and advertising devices of all kinds. It is intended to promote public safety, protect property values, create a more attractive economic climate and enhance the scenic and natural beauty of the Village.
§ 290-73 General conditions and regulations.
Except for signs listed in § 290-77, no sign shall be erected in the Village of Manchester without a permit issued by the Code Enforcement Officer or designee.
Except for temporary signs, no sign permit shall be issued by the Code Enforcement Officer or designee without the approval of the Planning Board.
All signs shall be securely attached to a building or a structurally sound support and their display surfaces shall be kept neatly painted and in good repair at all times.
No illuminated signs or outdoor illumination shall direct light in a way which would create a traffic hazard or nuisance or be unreasonably detrimental to adjoining or neighboring properties.
No sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. Lighting devices shall employ only lights emitting light of constant intensity.
No projecting sign shall be erected or maintained which extends a distance of more than 18 inches from the front or face of a building. In no event shall a sign overhang or project onto any public right-of-way except as provided for in this chapter.
No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or similar fluttering devices.
No sign shall consist of animated or moving parts. No movable or portable signs shall be placed on any premises, except for real estate signs advertising the sale, lease or rental of the premises upon which such sign is located.
No sign shall be attached to fences, utility poles or trees.
No sign shall be erected or maintained upon the roof of any building or structure.
No motor vehicle, mobile home or trailer on which is placed or painted any sign shall be parked or stationed in a manner primarily intended to display the sign.
No sign shall be erected or maintained within the right-of-way or within 25 feet of the pavement of any public street or within 10 feet of any property line, unless attached to a building.
Except for off-premises directional signs regulated by § 290-78, no sign which advertises a business use or service other than that which exists on the premises on which said sign is located shall be permitted.
The regulations specified herein shall not apply to any sign or directional device erected by any governmental agency, nonadvertising signs identifying underground utility lines or posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.
No sign shall be erected in such a manner as to confuse or obstruct the view of any traffic sign, signal or device.
Signs advertising a temporary situation may be displayed during the duration of those services or until the final day of the event. Such signs may include but not be limited to political, charitable, social and educational functions, real estate sale, lease or rental signs and signs advertising services of a temporary nature incident to a business or property.
No sound amplifiers, public address systems or other sound devices shall be used as a means of advertising or to attract attention to a business.
§ 290-74 Specific conditions and regulations.
Not more than one sign containing advertising or otherwise relating to a single business or activity may be erected or maintained on a single property. Such signs may be illuminated.
The permitted sign may be a ground, wall or projecting sign.
The area of a sign erected on a single property to advertise a specific business or activity shall not exceed one square foot for each linear foot of building facade on the street which provides the principal access for the use, up to a maximum of 24 square feet.
Directional signs that do not exceed two square feet in sign area and are limited to such texts as "Office," "Entrance," "Exit," "Parking" and "No Parking" shall be excluded from the limitation on the number and area of signs permitted.
No ground sign shall be more than 25 feet in height, measured from the highest level of natural ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof.
No building sign attached to the exterior of a building shall exceed an area equal to 15% of the surface area upon which it is attached. Building signs shall not project more than 12 inches in front of the face of the building.
Signs attached to windows and/or doors on the interior of a building shall be excluded from the 15% limitation specified in Subsection F above, provided that such window or door signs do not exceed 20% of the total surface area of the windows and/or doors on the facade of the building to which said signs are attached. If such signs exceed the 20% limit, they shall be counted in determining the number of signs on a property (Subsection A) and the total area of all signs permitted on a property (Subsection C).
§ 290-75 Signs on property with more than one principal activity.
Notwithstanding the standard governing the number of signs permitted to be erected or maintained on any parcel of real property set forth in § 290-74 above, the following standards shall guide the regulation of all private signs associated with projects when more than one principal building or business use or activity is proposed to be conducted on a separate and discrete basis upon a single parcel of real property associated with the project, such as in the case of a shopping center, plaza or mall, or other multiple commercial use facility or industrial park.
A single ground sign of up to 32 square feet in area and not more than 20 feet in height may be erected which identifies the name of the center or facility as a whole and does not advertise any individual business activity.
Ground signs advertising individual businesses within a shopping center or joint development project shall be prohibited.
One sign identifying individual businesses or uses may be erected for each separate principal activity. Individual business signs may be attached to the face of the building or hung from a canopy. Such signs shall not exceed the lesser of: one square foot of area for each linear foot of store frontage; 15% of the surface area of the wall on which the sign is to be attached; or 24 square feet.
In a multiple-commercial-use facility or industrial park, there may be one directory sign at any location therein which shall not exceed five square feet for each acre of land in such commercial area or industrial park, provided that no such sign shall exceed 24 square feet in area. In addition, at each point of entrance and exit for vehicular traffic into such multiple commercial use facility or industrial park, one other directory sign shall be permitted which does not exceed two square feet for each acre of land in such multiple-commercial-use facility or industrial park. Such signs shall not exceed a total area of 12 square feet.
An overall sign design plan for any such center or facility shall be submitted with the application for the site development permit. The sign design plan shall include plans for each principal activity therein and shall reflect a reasonable uniformity of design, lettering, lighting and material.
§ 290-76 Additional requirements for signs in residential districts.
A sign indicating the name and address of the occupant or identifying a home occupation may be permitted, provided that such sign shall not be larger than four square feet in area. If such signs are freestanding, they shall not be closer to any lot line than 1/2 of the required setback and shall not project more than four feet in height above the ground level at the sign's location. Said signs shall not be illuminated, except indirectly.
For multiple-family dwellings, churches, libraries, social clubs, public buildings and other similar uses, a single identification sign not exceeding 16 square feet in area may be permitted. Such signs shall not be closer to any lot line that 1/2 of the required setback and shall not project more than four feet in height above grade. Said signs shall not be illuminated, except indirectly.
No more than two signs advertising the sale, lease or rental of the premises upon which the sign is located shall be permitted. Such signs shall not exceed six square feet in area, provided that such sign is erected or displayed not less than 10 feet inside the property line and is not more than four feet in height. Said signs must be removed from the premises within seven days after the property has been leased or title transferred.
A permanent sign may be erected to indicate a subdivision, which sign shall not exceed 16 square feet in area nor more than four feet in height.
A temporary sign, not exceeding 16 square feet in area, the height of which is not greater than four feet, shall be permitted for a period of three years from the time of final subdivision approval for advertising the sale of property within such subdivision.
Signs advertising a business other than a home occupation in a residential district shall not exceed eight square feet in area. If freestanding, such signs shall not project more than four feet in height above grade. Said signs shall not be illuminated, except indirectly.
§ 290-77 Signs permitted without permit in all districts.
The following signs shall be permitted without a permit in all districts:
Signs bearing the name of the principal occupant and/or the street address of a private dwelling which do not exceed one square foot in area.
Professional nameplates which do not exceed one square foot in area.
Signs advertising the sale, lease or rental of the premises upon which the sign is located which do not exceed six square feet in area.
§ 290-78 Off-premises directional signs.
Notwithstanding the provisions of § 290-73M, one directional sign advertising an industry or business having its principal place of business within the Village of Manchester may be located upon premises other than the premises of the principal place of such industry or business, provided that:
Such industry or business does not front on a state highway.
The principal purpose of such sign is to direct motor vehicles to the location of such business or industry.
Such sign is located no closer than 10 feet nor more than 30 feet from the right-of-way line.
Such sign has a maximum area of not more than 12 square feet on either side and shall have no more than two sides.
No part of such sign shall be more than 12 feet above the ground measured from the highest level of natural ground immediately beneath the sign.
Wherever possible, the grouping of compatible off-premises directional signs shall be encouraged.
Such signs may be illuminated by indirect lighting.
All applications for an off-premises directional sign shall be accompanied by a written statement signed by the owner of the premises giving permission to locate the sign on the subject property.
§ 290-79 Temporary signs.
Temporary signs advertising any political, educational, charitable, civic, religious or like campaign or event may be erected for a consecutive period not to exceed 60 days in any calendar year. Said signs shall be removed within 14 days following the campaign or event.
If such temporary signs are not removed within the fourteen-day period, the Code Enforcement Officer or designee is authorized to remove said signs and to charge all costs incident to the removal of the sign or signs to the organization responsible for the placement of the signs.
No temporary signs shall be attached to fences, trees, utility poles, bridges or traffic signs and shall not obstruct or impair vision or traffic in any manner or create a hazard or disturbance to the health and welfare of the general public.
No temporary sign shall exceed 24 feet in area.
§ 290-80 Nonconforming signs.
Nonconforming signs shall not be altered, rebuilt, enlarged, extended or relocated, unless such action changes a nonconforming sign into a conforming sign as provided herein. The failure to keep any such nonconforming sign in good repair within a period of 30 days after due notification by the Code Enforcement Officer or designee shall constitute abandonment of the sign. An abandoned sign shall not be reused and shall be removed by or at the expense of the property owner.[1]
If a project subject to zoning review(s) is proposed for a parcel of property upon which a legally preexisting sign which does not conform to these standards is located, the reviewing agency shall require that said nonconforming sign be brought into compliance as a condition of the approval of the proposed action.
§ 290-81 Application for sign permit.
All applications for a sign permit shall be made in writing, in triplicate, upon the forms prescribed and provided by the Code Enforcement Officer or designee and shall be accompanied by the required fee.
All applications shall contain the following information:
The name, address and telephone number of the applicant.
The location of the building, structure or land to which or upon which the sign is to be erected.
A detailed drawing or blue print showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; position of lighting or other extraneous devices; a location plan showing the position of the sign or any buildings or structures, including any private or public street or highway.
Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event that the applicant is not the owner thereof.
All applications for a sign permit, except those for a temporary sign, shall be forwarded to the Planning Board for review. Prior to rendering its decision, the Board shall:
Review the design, size and location of the proposed sign to determine whether the proposed sign is in violation of any of the regulations or restrictions set forth in this chapter.
Grant approval, including any reasonable conditions, or reject the application and provide reasons for rejecting the application.[1]
§ 290-82 Issuance of permit.
It shall be the duty of the Code Enforcement Officer or designee, upon the filing of the application for said permit, to examine all of the data submitted to him with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all of the requirements of this chapter and other rules and regulations of the Village of Manchester and has been approved as to design, size and location by the Planning Board, as provided for herein, a permit for the erection of the proposed sign shall be issued. If the sign authorized under any 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 for one additional six-month period upon the approval by the Planning Board and upon payment of an additional fee. A request, which cites the reason for requesting the extension for the completion of the sign, shall be submitted in writing to the Planning Board not more than 30 days following the first six-month expiration period.
§ 290-83 Removal of signs.
The Code Enforcement Officer or designee shall notify the owner of any sign which no longer serves the purpose for which the permit was granted or is unsafe, insecure or is a menace to the public or has been erected or installed in violation of this chapter, in writing, to remove or correct the unsatisfactory condition of said sign within 30 days from the date of such notice.
Upon failure to comply with such notice within the prescribed time, the Code Enforcement Officer or designee is hereby authorized to remove or cause removal of such sign and shall charge all costs and expenses incurred in said removal to the owner of the sign and/or the owner of the land or building on which such sign is located.
The Code Enforcement Officer or designee may cause any sign which is a source of immediate peril to persons or property to be removed summarily upon written notice to that effect. Failure to comply within five days of such notice will serve as an authorization to the Code Enforcement Officer or designee to remove or cause removal of such sign, with all costs and expenses charged as provided for above.