Village Of Albion City Zoning Code
ARTICLE XI
Sign Regulations
§ 290-94 Purpose.
A.
The purpose of this Article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and enhance the appearance and attractiveness of the Village of Albion.
B.
This Article is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with its surroundings. The appearance, character and quality of a 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.
§ 290-95 General regulations.
[Amended 4-11-2012 by L.L. No. 2-2012; 7-12-2017 by L.L. No. 2-2017]
A.
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.
B.
No sign shall be erected in such a manner as to confuse or obstruct the view of any traffic sign, signal or device.
C.
No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or similar fluttering devices.
D.
No sign shall consist of animated or moving parts.
E.
No sign shall be attached to fences, utility poles or trees.
F.
No sign or sign support shall be erected or maintained above the peak of the roof of any building or structure.
G.
No sign which obscures visibility at elevations between three and seven feet above street level shall be placed or maintained within 25 feet of the intersection of the street or highway lines.
H.
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.
I.
No sound amplifiers, public address systems or other sound devices shall be used as a means of advertising or to attract attention to a sign.
K.
No advertising message shall be extended over more than one sign placed along a street or highway.
L.
Electronic changeable message signs are prohibited within the Historic District but are otherwise permitted, subject to the following limitations:
(1)
The maximum brightness of the sign shall be 0.3 footcandle above ambient light as measured using a footcandle (lux) meter. All electronic changeable message signs shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness in direct correlation with natural ambient light conditions at all times. No electronic changeable message signs shall exceed a brightness level of 0.3 footcandle above ambient light as measured using a footcandle (lux) meter at a preset distance depending on sign area. Prior to the issuance of any permit, the owner shall provide the Village with a certification from the sign manufacturer stating that the sign is capable of complying with the above brightness provisions.
(2)
Electronic changeable message signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a measure to immediately discontinue the display if it malfunctions.
(3)
The images and messages displayed must be static, and the transition from one static display to another must be instantaneous, with no special effects, or the transition may provide a black screen for at least one second.
(4)
Each line of copy and graphics in an electronic changeable message sign must be at least six inches in height.
(5)
Electronic changeable message signs shall not include animation, full-motion video, flashing, scrolling, strobing, racing, blinking, or changes in color, fade in or fade out in any manner imitating movement, or any other means not providing constant illumination.
(6)
Each message shall be illuminated for at least 10 seconds before transitioning to a new message, except for electronic changeable message signs within 250 feet of an interchange, an at-grade intersection not controlled by a stop sign or stop light, a signed curve, or a pedestrian walkway, then each message shall be illuminated for at least 30 seconds before transitioning to a new message.
(7)
The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign.
(8)
Electronic changeable message signs must be constructed perpendicular with the road in all residential zoned districts, whether single-family, multifamily, townhouse, or mixed use where residential housing is permitted, except for corner lots where the electronic changeable message sign shall not be located within 25 feet of the point of intersection of the curb or edge of two intersection streets and the placement of said sign can be arranged so that the sign can be read from the intersection. The electronic message in all residential zoned districts shall not be displayed between the hours of 10:00 p.m. and 6:00 a.m.
§ 290-96 Construction standards.
A.
All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs of the Underwriters Laboratories, Inc., and bear the seal of the Underwriters Laboratories, Inc.
B.
If such sign does not bear the seal of the Underwriters Laboratories, Inc., the sign shall be inspected and certified by an electrical inspector, as defined by the Fire Prevention and Building Code of the Village of Albion. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.
C.
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.
D.
All signs, sign finishes, supports and electrical work shall be kept clean and painted and free from all hazards, such as but not limited to faulty wiring and loose supports, guys and anchors.
E.
All projecting, freestanding or wall-mounted signs shall employ acceptable, safe materials.
F.
All signs shall be painted and/or fabricated in accordance with generally accepted standards.
§ 290-97 Regulations for specific types.
A.
Wall signs.
(1)
Wall signs shall not extend beyond the ends or over the tops of the walls to which attached and shall not extend above the level of the second floor of the building.
(2)
Wall signs shall not extend more than nine inches from the face of the building to which attached.
(3)
Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of eight feet above grade.
(4)
Copy-change wall signs shall not be permitted.
B.
Freestanding signs.
(1)
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
(2)
Unless otherwise specified herein, no freestanding sign shall be located closer than 15 feet to the front property line nor closer than five feet to the side property line. No freestanding sign may be located closer than 25 feet to another freestanding sign.
(3)
No freestanding sign, except for directory signs as provided for herein, shall be more than 48 square feet in area per side.
(4)
No freestanding sign shall be more than 20 feet in height above finished grade. Such height shall be measured vertically from the established grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including supporting structures.
(5)
No freestanding sign shall extend over or into the public right-of-way, nor shall it overhang the property lines.
(6)
Freestanding signs under which a pedestrian walkway or driveway passes shall have a ten-foot vertical clearance.
(7)
Masonry wall-type signs shall not exceed four feet in height and shall not be placed so as to impair visibility for motorists.
(8)
Illuminated freestanding signs shall require site plan review by the Village of Albion Planning Board.
D.
Directory signs. Sign directories shall contain identification of and direction to several business enterprises, but shall contain no promotional advertising.
E.
Awning signs.
(1)
No sign shall project from an awning.
(2)
Awning graphics may be painted or affixed flat to the surface of the front or sides of the awning and shall indicate only the name and/or address of the enterprise or premises.
(3)
Awning graphics shall be a single line of lettering not exceeding six inches in height.
F.
Projecting signs. Projecting signs shall not be permitted.
§ 290-98 Exempt signs.
The following signs may be erected and maintained without permits and fees, provided that such signs comply with the general requirements of this chapter and other conditions specifically imposed by the regulations, rules and laws of the Village of Albion:
A.
Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by government agencies or religious or nonprofit organizations. Such signs shall not exceed six square feet in area.
B.
Flags and insignia of any government, except when displayed in connection with commercial promotion.
C.
Any sign placed by any governmental agency for public purposes or any nonadvertising sign identifying underground utility lines.
D.
On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, internally illuminated or nonilluminated, not exceeding two square feet per face and six feet in height. Business names and personal names shall be allowed, excluding advertising messages.
E.
Nonilluminated warning, private drive, posted or "no trespassing" signs, not exceeding two square feet per face.
F.
Number and nameplate identifying residents, mounted on house, apartment or mailbox, not exceeding two square feet per face.
G.
Private-owner merchandise sale signs for garage sales and auctions, not exceeding four square feet for a period not to exceed seven days.
H.
Temporary nonilluminated "For Sale," "For Rent," real estate signs and signs of a similar nature, concerning premises upon which the sign is located: in a residential zoning district (R-1, R-2, R-3, R-MH, R-C), one sign not exceeding six square feet in area per side; in a business, commercial or industrial zoning district (CBD, GC, PC, LI), one sign not to exceed 24 square feet in area, set back at least 10 feet from all property lines. All such signs shall be removed within three days after the sale, lease or rental of the premises or property.
I.
Holiday decorations, including lighting, in any district.
J.
Integral graphics or attached price signs on gasoline pumps at gasoline stations.
K.
Directional signs for meetings, conventions and other assemblies.
L.
One sign, not exceeding six square feet in the residential zoning districts (R-1, R-2, R-3, R-MH, R-C) nor 16 square feet in area in the business, commercial or industrial districts (CBD, GC, PC, LI), listing the architect, engineer, contractor and/or owner, on premises where construction, renovation or repair is in progress.
M.
Temporary, nonilluminated window signs and posters not exceeding 16 square feet in area or 25% of the window area, whichever is smaller.
§ 290-99 Temporary signs allowed without a permit.
A.
Political posters, banners, promotional devices or other temporary signs advertising any political, educational, charitable, civic, religious or like campaign or event, and similar signs. Such signs shall not exceed eight square feet in area in the residential districts (R-1, R-2, R-3, R-C, and R-MH) nor 16 square feet in area in the business, commercial or industrial districts (CBD, GC, PC and LI). Such signs may be displayed for a period of up to 60 consecutive days and shall be removed within seven days following the election or event advertised.
B.
If such temporary signs are not removed within the seven-day period, the Code Enforcement Official 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.
C.
Temporary signs shall not 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.
§ 290-100 Noncommercial speech signs.
Notwithstanding the other provisions of this article, noncommercial speech signs may be displayed without a permit subject to the following regulations:
A.
Noncommercial speech signs, residential districts (R-1, R-2, R-3, R-MH and R-C). Noncommercial speech signs may be permitted in any residential district without a sign permit, subject to the following conditions:
(1)
The maximum number of noncommercial speech signs per lot shall be two, excepting posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.
(2)
Of the total number of signs, only one shall be a window sign. No window sign shall exceed 25% of the total window opening or two square feet, whichever is smaller.
(3)
A building-mounted sign may not exceed two square feet in total area. Any building-mounted sign shall be located in proximity to an exterior entrance.
(4)
A freestanding sign, unless otherwise specified herein, shall:
(a)
Not exceed six square feet in sign area;
(b)
Not exceed four feet in height above grade;
(c)
Maintain a minimum ground clearance of two feet;
(d)
Not be closer to any lot line than 1/2 of the required setback;
(e)
Not interfere with vehicle site distances either from, along or to a public way; and
(f)
Not be illuminated, except indirectly.
B.
Noncommercial speech signs, business and industrial districts (CBD, GC, PC, LI).
(1)
Noncommercial speech signs associated with nonresidential uses may be allowed in any business or industrial district without a sign permit, subject to the following conditions:
(a)
The maximum number of noncommercial speech signs per lot shall be two, excepting posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.
(b)
Such signs shall not exceed 20 square feet in area.
(c)
Freestanding noncommercial speech signs shall not be closer to any lot line than 1/2 of the required setback.
(d)
Freestanding noncommercial speech signs shall not exceed six feet in height above grade level.
(e)
Building-mounted noncommercial speech signs shall be located on the first-floor front facade of the structure.
(f)
Noncommercial speech signs shall not be illuminated, except indirectly.
§ 290-101 Signs permitted in all zoning districts.
Within any zoning district, a sign permit may be granted for erection or alteration of the following types of permanent signs, provided the number and total area of signs shall conform to the regulations in this article:
A.
Off-premises directional signs for the convenience of the general public and for the purpose of directing persons to a business, activity, service or community facility may be erected, provided that such signs do not exceed 10 square feet per establishment or not more than two such signs per establishment. The message shall be limited to the name or identification, arrow or direction and distance. Advertising messages shall be prohibited.
B.
Nonilluminated, single-sided real estate development signs, including signs for industrial and commercial development, residential subdivisions or construction signs denoting the architect, engineer and/or contractor, not exceeding 32 square feet in the business, commercial and industrial districts (CBD, GC, PC and LI) nor 16 square feet in residential districts (R-1, R-2, R-3, R-MH and R-C), may be erected on property being sold, leased or developed. Such sign shall be erected parallel to the fronting street or highway and shall be set back a minimum of 15 feet from the property line or attached to the face of the building. Such sign shall be removed upon the completion of the project and shall be in place for a period not exceeding two years.
C.
For residential subdivisions, multiple-family dwellings or developments or townhouse developments, one sign identifying the name of the development not exceeding 16 square feet shall be permitted. One such sign shall be permitted for each entrance on a different street or highway.
D.
Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies may be erected on the premises of such institutions. One such bulletin board, not exceeding 16 square feet in area, may be erected for each entrance on a different street or highway.
E.
Recreation areas, day camps, golf clubs and other similar facilities permitted in this Zoning Chapter shall in all zones be permitted one sign not exceeding 16 square feet in area.
F.
Signs necessary for the identification, operation or production of a public utility, not exceeding 16 square feet in area, may be erected on the premises of such public utility.
§ 290-102 Signs permitted in the CBD, GC, PC and LI Zoning Districts.
Within business, commercial and industrial districts (CBD, GC, PC and LI), the following provisions shall apply:
A.
The total number of permitted signs on a single business, commercial or industrial lot shall not exceed two, of which only one may be freestanding.
B.
The total cumulative area of all signs permitted on such lot shall not exceed one square foot per linear foot of building front, plus 1/4 square foot for every foot the principal building is set back from the street line, up to a maximum of 120 square feet. However, each lot shall be permitted a minimum cumulative sign area of 32 square feet.
C.
Representational signs shall not project in any direction more than four feet beyond the principal structure to which they are attached and shall not exceed 15 square feet in area. Only one such sign per establishment shall be permitted, with the area of such sign structure included within the total sign area permitted.
D.
Illuminated signs which indicate the time, temperature, date or similar public service information shall not exceed 32 square feet in area and shall not employ less than 60% of the total sign area, each side, for said public service information.
E.
Gasoline service stations shall additionally be permitted two price, product or promotional signs each, not exceeding 12 square feet or six square feet per side, if located on the pump island or set not closer than 0 feet from the edge of the pavement, not exceeding eight feet above grade nor situated so as to impair visibility for pedestrians or motorists.
§ 290-102.1 Signs permitted in the R-C District.
[Added 7-23-2014 by L.L. No. 3-2014]
A.
One nonilluminated monument sign, either solid base or suspended between two poles.
§ 290-103 Regulations where more than one principal activity is being conducted.
Notwithstanding the standard governing the total area of signs permitted to be erected or maintained on any parcel of real property as set forth in § 290-102 above, the following standards shall guide the regulation of all signs associated with projects when more than one principal building or business use or activity is proposed to be conducted upon a single parcel of real property, such as in the case of a shopping center, plaza or mall or other multiple-commercial-use facility or industrial park.
A.
A single freestanding sign of up to 48 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.
B.
Freestanding signs advertising individual businesses within a shopping center or joint development project shall be prohibited.
C.
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. Such signs shall not exceed the lesser of one square foot of area for each linear foot of store frontage or 20% of the surface area of the building face on which the sign is to be attached.
D.
In a multiple-commercial-use facility or industrial park, there may be one directory sign at any location therein which shall not exceed 12 square feet for each acre of land in such commercial area or industrial park, provided that no such sign shall exceed 64 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.
E.
An overall sign design plan for any such center or facility shall be submitted with the application for the site plan approval. The sign design plan shall include plans for each principal activity therein and shall reflect a reasonable uniformity of design, lettering, lighting and material.
§ 290-104 Portable signs.
A new business or a business in a new location, awaiting installation of a permanent sign, may utilize a portable sign for a period not more than 60 days or until the installation of a permanent sign, whichever occurs first. Such portable sign shall conform to all of the construction standards of the Village of Albion. A separate permit for such portable sign shall be required.
§ 290-105 Nonconforming signs.
In the event that a sign lawfully erected prior to the effective date of this chapter does not conform to the provisions and standards of this chapter, then such sign shall be modified to conform or be removed according to the following regulations:
A.
If a nonconforming sign includes features that area prohibited pursuant to § 290-95, General regulations, then such sign shall be modified by its owner to comply or be removed within 30 days after the owner receives written notice from the Code Enforcement Official to so comply.
B.
A nonconforming sign shall not be enlarged or replaced with another nonconforming sign. Any maintenance, repair or alteration of a nonconforming sign shall not cost more than 50% of the current depreciated value of the sign as of the date of the alteration or repair.
§ 290-106 Removal.
Any sign, existing on or after the effective date of this chapter, which no longer advertises an existing business conducted or product sold on the premises upon which such sign is located, shall be removed.
A.
If the Code Enforcement Official shall find that any sign regulated in the Village is not used, is abandoned, unsafe or insecure or is a menace to the public, the Code Enforcement Official shall give written notice to the named owner of the land upon which such sign is located, who shall remove or repair the sign within 30 days from the date of the notice. If the sign is not removed or repaired within said time period, the Code Enforcement Official may remove or repair the sign and assess the owner for any cost incurred for such service.
B.
The Code Enforcement Official or Fire Marshal may cause any sign which is a source of immediate peril to persons or property to be removed immediately without notice.
§ 290-107 Permit procedures.
A.
Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Code Enforcement Official. Subsequent to this initial application, no permit shall be required for a sign to be repainted, repaired or have its message changed.
B.
Application procedure. Applications shall be made to the Code Enforcement Official on the form prescribed and provided by the Village of Albion, accompanied by the required fee, and shall contain the following information:
(2)
Location of the building, structure or land upon which the sign now exists or is to be erected.
(3)
If a new sign is to be erected, elevation and plan drawings to scale. In addition, a full description of the placement and appearance of the proposed sign shall be included and shall cover the following:
(a)
Location on the premises; specifically, its position in relation to adjacent buildings, structures and property lines.
(b)
The method of illumination, if any, and the position of lighting or other extraneous devices.
(c)
Graphic design, including symbols, letters, materials and colors.
(d)
The visual message, text, copy or content of the sign.
(4)
Written consent or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.
C.
Permit.
(1)
Upon the filing of a completed application for a sign permit and the payment of the required fee, the Code Enforcement Official shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with all the requirements of this article, the Code Enforcement Official shall then, within five days of receiving the application, issue a permit for the erection of the proposed sign, or for alterations of an existing sign. The issuance of the permit shall not excuse the applicant from conforming to the other laws, rules and regulations of the Village of Albion.
(2)
If the erection of the sign authorized under any such permit has not commenced within six months from the date of issuance, the permit shall become null and void, but may be renewed within 30 days prior to the expiration, for good cause shown, for an additional six months, upon payment of 1/2 of the original fee.
D.
Permit fee. Fees for the sign permits shall be fixed by the Village Board of Trustees and listed in the fee schedule.