Scottsville City Zoning Code
ARTICLE VII
Signs
§ 170-31 Purpose.
It is the intent and purpose of the Village of Scottsville, by enactment of these regulations, to:
A.
Promote the safety, comfort and well-being of the users of streets, roads, and highways in the Village.
B.
Reduce distractions and obstructions from signs that would adversely affect traffic safety and to alleviate hazards caused by signs projecting over or encroaching upon public highways.
C.
Preserve or enhance Village character by requiring signage which is:
(1)
Compatible with the surroundings and appropriate to the historic architectural character of the buildings and/or districts on which the signs are placed.
(2)
Appropriate to the type of activity to which it pertains.
(3)
Expressive of the identity of individual proprietors or of the community as a whole.
(4)
Appropriately sized in its context, so as to be easily readable.
D.
Promote signs which clearly present the visual message in a manner that is compatible with its surroundings. The appearance, character and quality of the community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
E.
Protect property values, create a more attractive economic and business climate and enhance and protect the physical appearance of the community.
§ 170-32 Prohibited signs.
A.
Billboards, off-premises signs, streamers, pennants, ribbons, spinners or other similar devices shall not be erected in any zone, except that flags and buntings exhibited to commemorate holidays, and temporary banners with a noncommercial message or announcing public and semipublic events are permitted.
B.
Flashing signs, roof signs, signs containing moving parts, rotating signs, signs mounted on a chassis or wheels, and signs containing reflective elements that sparkle or twinkle in the light are not permitted.
C.
Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises is not permitted; except historically significant landmark signs may be preserved and maintained even if they no longer pertain to the present use of the premises.
D.
No sign, except for a traffic, regulatory, or informational sign, shall use the words "stop," "caution," or "danger," or shall incorporate red, amber, or green lights resembling traffic signals, or shall resemble Stop or Yield signs in shape or color.
E.
No sign shall be painted directly on any exterior wall, but may be painted directly on the signboard.
§ 170-33 Exempt signs.
A.
The following signs are permitted in all districts without a permit.
(1)
A sign advertising that the property upon which the sign is located is for sale, lease or rent, not to exceed six square feet per face.
(2)
Signs denoting the name and address of the residents of the premises.
(3)
Signs denoting the architect, engineer or contractor for a single specific project placed on the premises.
(4)
Historic signs or tables and signs denoting the date of erection and other historic information of homes and buildings. Such signs or tables shall contain no advertising and shall not exceed four square feet in area.
(5)
A single wall-mounted or freestanding home occupation sign not exceeding 12 square feet in area, provided that such sign conforms to the provisions of § 170-35.
(6)
The provisions of this article shall not apply to safety signs, public road, signs, historical markers or highway directional signs erected by municipal or public agencies.
B.
Gasoline and kerosene pumps may carry only signage required by law and direction for use of the pump, provided that the lettering does not extend beyond the extremities of the pump. The provisions of this subsection shall not be more restrictive than the applicable provisions of the federal, state and county statutes governing such pricing signs on pumps now in existence or as the same may be amended from time to time.
§ 170-35 General regulations and provisions.
The following rules and regulations shall be applicable for the erection of signage in all districts of the Village of Scottsville:
A.
Sign permit application procedures.
(1)
No sign shall be erected until an application has been filed, and a permit for such action has been issued. Applications shall be on forms prescribed by the Village of Scottsville and shall be submitted to the Village Office for review by the Code Enforcement Officer.
(2)
The Code Enforcement Officer shall act within 30 days of receipt of a sign application together with the required fee. The Code Enforcement Officer's action or failure to act may be appealed to the Zoning Board of Appeals.
(3)
At a minimum, all applications shall include a scale drawing specifying dimensions, materials, illuminations, letter sizes, colors, support systems and location on land or buildings, with all relevant measurements.
B.
Measurement.
(1)
The area of a sign shall be determined by the smallest rectangle that encompasses all of the letters or symbols that make up the sign, together with the area of any background of a different color or material than the general finish of the building, whether painted or applied.
(2)
The area of supporting framework (for example, brackets, posts, etc.) shall not be included in measuring the sign area if such framework is incidental to the display.
(3)
When a sign has two or more faces, the area of all faces shall be included in determining the area, except where two faces are placed back-to-back and are at no point more than two feet from each other. In this case, the sign area shall be taken as the area of either face, and if the faces are unequal, the larger shall determine the area.
(4)
The height of any sign shall be measured from the surface of the road, sidewalk or natural ground level up to the highest point of the sign, and shall not exceed 16 feet.
C.
Safety standards. No person may erect or maintain a sign which:
(1)
Is structurally unsafe.
(2)
Constitutes a hazard to public safety and health for any reason.
(3)
Obstructs free entrance or exit from a required door, window or fire escape.
(4)
Obstructs light or air or interferes with proper functioning of the building.
(5)
Is not safeguarded from electrical shock.
D.
Location.
(1)
No person may erect a sign that is affixed to a fence, utility pole or utility structure, tree, shrub, rock or other natural object.
(2)
Where an auxiliary entrance to a commercial or office building faces a parking lot or driveway, one identification sign, not to exceed 5% of the square footage of the facade upon which it is located, may be erected at that auxiliary entrance in addition to the sign(s) permitted by this article.
(3)
Temporary or permanent signs resting on or attached to vehicles shall not be used as a means to circumvent the provisions of this article.
(4)
Wall signs identifying commercial establishments shall generally be placed within a signboard immediately above the storefront where a signboard exists. The signboard shall be confined to the vertical distance separating windows on the ground floor and the second floor.
(5)
The original signboard of the building is to be used when it exists, unless approved for removal by the Code Enforcement Officer in consultation with the Historic Preservation Commission.
(6)
Signs shall not be located so as to cover or cause the removal of architectural details such as, but not limited to, arches, sills, moldings, cornices and transom windows.
E.
Design.
(1)
Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity. No sign shall be internally lighted, 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 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.
(2)
A certificate of approval from a qualified inspection agency approved by the Village must be submitted for every electrically illuminated sign.
(3)
No neon or backlighted signs shall be permitted in any residential district.
(4)
Signs shall not contain Day-Glo and fluorescent colors.
(5)
No sound amplifiers, public address systems or other sound devices shall be used as a means of advertising.
(6)
All permanent signs, except awning signs, shall be made of wood, stone, or metal, or material that has the appearance of wood or metal. All must be weather-resistant and well-maintained.
(7)
Signs on adjacent storefronts within the same buildings shall be coordinated in height and proportion.
F.
If there are any conflicts, ambiguities or inconsistencies between this article's standards and specific standards of the Local Fire Code, then the specific standards of the Local Fire Code shall control.
§ 170-36 Signs requiring a permit.
All signage erected within the Village of Scottsville shall require the issuance of a sign permit, unless otherwise stated within this chapter. The following regulations shall serve as the standards by which the Code Enforcement Officer or their designee shall approve or deny a sign permit.
A.
Wall signs. A wall sign shall be attached to or incorporated in the building wall. Such sign shall have:
(1)
A maximum area of two square feet for each horizontal foot of wall parallel to frontage on which it is mounted.
(2)
A maximum width of 75% of the building wall's horizontal measurement, except that, where such horizontal measurement is 20 feet or less, the maximum width may be 90% of such measurement.
(3)
Wall signs are not permitted in residential districts.
B.
Freestanding signs.
(1)
Freestanding signs shall be set back 15 feet from the public right-of-way.
(2)
No sign shall exceed 16 feet in height above the ground level nor have more than nine feet clearance from the ground level to the bottom of the sign.
(3)
The maximum square feet per face of a double-sided sign shall not exceed 16 square feet with a maximum width of four feet.
(4)
Freestanding signs shall not be placed so as to cause any interference with sight distance.
(5)
Freestanding signs in residential districts shall be no more than four feet in height and six square feet in area.
C.
Projecting and hanging signs.
(1)
A projecting or hanging sign may be erected, perpendicular to the front wall of the building, not to protrude more than 48 inches.
(2)
Sign dimensions not to exceed three feet long by three feet high.
(3)
The minimum clearance from ground level to the bottom of the sign shall be nine feet.
(4)
Existing and new signs which overhang a public way (including sidewalks) shall be covered by public liability insurance policy or indemnity and hold the Village harmless (i.e., have sign owner sign a waiver).
(5)
Projecting and hanging signs are prohibited in residential districts.
D.
Awning signs. A sign located on an awning shall constitute a permitted sign for that location and shall conform to the following:
(1)
Awning signs must be painted on or attached flat against the surface of the awning, but not extended beyond the valance or be attached to the underside.
(2)
Awning signs must be a minimum of nine feet above the sidewalk level for pedestrian clearance.
(3)
Awning signs may not be illuminated.
(4)
Awning signs are prohibited in residential districts.
F.
Illuminated signs.
(1)
Signs shall be illuminated only with steady, stationary, shield light sources directed solely onto the sign without causing glare.
(2)
Exterior neon signs are prohibited. However, in the Central Business District, two interior neon signs are permitted per commercial use.
(3)
Gas-filled light tubes shall be allowed for indirect illumination and when placed in such a manner that the tubes are not exposed to view from any point along the public roadway or sidewalk.
(4)
Signs located in residential districts shall not be illuminated.
G.
Sandwich-board signs.
(1)
One sandwich sign per use shall be allowed and displayed in the Central Business District and General Business District.
(2)
Such sign shall be displayed only during business hours.
(3)
Such sign shall be erected on the premises of the business and no part of the sign shall be located so as to hinder or endanger pedestrian and vehicular traffic.
H.
Public and semipublic use signs. Public, semipublic, and religious institutions in any district are permitted two signs without a permit, provided the following conditions are met:
(1)
Each sign shall not be over 12 square feet in area, on each public street frontage of its property.
(2)
Such signs shall be either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least 15 feet from the front property line and at least 25 feet from all other property lines.
(3)
Such signs may be double-faced.
(4)
Such signs may be lighted only by shielded light sources attached to the sign.
I.
Temporary signs. Temporary signs include those that are not intended for a long-term use (i.e., in excess of 90 days). Noncommercial message, real estate, construction, and political signs are considered temporary signs for the sake of this chapter, including any sign that promotes or supports a candidate or candidates for any public office, or which advocates a position on upcoming ballot propositions, or which expresses a personal opinion or belief, or which advertises a specific event, including, but not limited to, grand openings, special events, community events, etc. Temporary signs proposed in any district do not require a permit, provided they are in accordance with the following regulations:
(1)
Temporary signs shall not be illuminated.
(2)
Temporary signs shall be a maximum of eight square feet.
(3)
Temporary signs shall be set back a minimum of 10 feet from any lot line.
(4)
Temporary signs shall be of a height no greater than four feet above grade.
(5)
Temporary signs shall be removed within five days after the completion of their intended advertising purpose.
(6)
There shall be no more than three signs per lot.
(7)
The owner or occupant of the property must give permission to erect a temporary sign, and the owner of said sign shall be responsible for removal.
(8)
Such signs shall not be affixed to fences, trees, and utility poles, bridges, or traffic signs and in no way obstruct traffic.
(9)
Such signs shall not be erected within the right-of-way of public streets or roads.
(10)
Such signs shall be located only the property on which it is associated.
J.
Subdivision signs.
(1)
Subdivision signs shall have a maximum area of 32 square feet with a 15-foot setback or a maximum area of 12 square feet with a five-foot setback, from the nearest right-of-way line.
(2)
Such signs shall be one sign per access road, a maximum of two per subdivision.
(3)
Subdivision identification signs may be illuminated if approved as part of the subdivision plan approval.
(4)
Temporary directional signs indicating the location of a real estate subdivision shall be permitted under the provisions of this article for a period of one year during the active selling of subdivision properties. Additional periods of one year shall be the subject of applications to the Planning Board.
§ 170-37 Nonconforming signs.
A.
Other than general sign maintenance, a sign which does not conform to this article shall not be replaced, reconstructed, remodeled, relocated, redesigned, or changed in size unless such action will make the sign conforming in all respects to this article.
B.
Nothing in this section shall be construed to prevent or discourage repair and maintenance of a nonconforming sign, including sign maintenance, repainting and replacement of broken or deteriorated parts of the sign itself. Supporting structures on nonconforming signs shall not be replaced unless such replacement will make the sign and sign structure conforming in all respects to this article.
C.
A nonconforming sign or sign structure which is destroyed or damaged by any casualty may be restored within six months after such destruction or damage only after the owner has shown that the damage did not exceed 50% of the appraised value of the sign. If such sign or sign structure is destroyed or damaged to an extent exceeding 50% of the appraised value of the sign, it shall be removed and shall not be reconstructed or replaced unless such action makes the sign and sign structure conforming in all respects to this article.
D.
A nonconforming sign or sign structure shall be removed within 30 days after written notice to the owner of the sign and building when the building containing the use to which the sign is accessory is demolished or destroyed to an extent exceeding the 50% of the building's appraised value.
E.
Any sign made nonconforming by this article may be permitted to continue in use for a period of five years from the effective date of this article. Prior to the expiration of the five-year period set forth above, the Village Board of Trustees shall conduct an evaluation upon the owner application to determine if the nonconforming period should be extended. Any changes of use of the property and/or change of the sign construction shall be subject to the sign ordinance in effect at that time. In order to make the evaluation, the Board shall consider and do the following:
(1)
Analyze and review the economic indicators of the Village and the merchants whose signs are nonconforming. Economic indicators shall include, but not be limited to, depreciation of the useful life of a nonconforming sign, the cost of the sign, date of erection of the sign and whether a nonconforming sign is impeding or supportive of any economic growth in the Village.
(2)
Refer the matter to the Planning Board for its review and recommendations for extending the nonconforming period based on aesthetic criteria.
F.
A sign or sign structure removed by the Village shall be held not less than 30 days by the Village, during which period it may be recovered by the owner upon paying the Village the cost of removal and storage and upon payment of any imposed fine. If not recovered within the thirty-day period, the sign or sign structure is hereby declared abandoned, and title thereto shall be vested in the Village for disposal in any manner permitted by law.
G.
Any historic landmark sign shall be considered a conforming sign for purposes of these regulations.
§ 170-38 Permit fees.
A schedule of fees for sign permits may be established and amended from time to time by the Board of Trustees. These fees may include, but will not be limited to, application, removal, change of design, renewal, etc.
§ 170-39 Enforcement.
A.
The Code Enforcement Officer (CEO) is hereby authorized to enforce this article. The CEO is authorized to order repair or removal of any sign and its supporting structure which is judged dangerous or in disrepair or which is erected or maintained contrary to this article. The Village Mayor may authorize legal action to seek a court injunction to enforce this article.
B.
Removal of signs in violation.
(1)
In the event of a violation of any of the provisions of this article, the Code Enforcement Officer (CEO) shall give written notice of such defect to the sign owner and landowner as stated in the application for the sign permit, at the addresses set forth in the sign permit application, to conform or remove such sign. The sign shall be brought into conformance by the sign owner and landowner within 30 days from the date of said notice. In the event that such sign shall not be brought into conformance within 30 days, the CEO shall revoke the permit, and such sign shall be removed by the sign owner and/or landowner.
(2)
Any signs not removed within the time limit herein stated shall be deemed a public nuisance, subject to the removal provisions of this section, and shall be removed by the Village if the sign owner and/or property owner fail to do so after being ordered by the Village. Costs of said removal shall be borne by the sign and/or property owner and may be recovered by the Village, if necessary, or by placing a lien, in accordance with appropriate state law, on the property where the sign has been removed.