Weedsport Village City Zoning Code
ARTICLE XII
Signs
§ 215-77 Purpose.
The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, create a more attractive, economic business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty of designated areas 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 open space and to eliminate the deterioration of natural beauty and community environment.
§ 215-78 Definitions.
A.
As used in this article, unless otherwise specifically stated, the following terms shall have the meanings indicated:
ACCESSORY SIGN
Any sign related to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
ERECT
To build, construct, display, relocate, attach, hang, place, suspend, affix or maintain any sign and shall include the painting of exterior wall signs, excepting general maintenance.
FRONT OR FACE OF A BUILDING
The outer surface of a building which is visible from any private or public street or highway.
ILLUMINATED SIGN
Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.
INSTALLER
Any person, firm, partnership, company, or corporation that installs signs as provided for in this article.
LIGHTING DEVICE
Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.
NONACCESSORY SIGN
Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
PROJECTING SIGN
Any sign which projects from the exterior of any building.
SIGN
Any material, structure, device or part thereof, awning or canopy 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, or display of an advertisement, announcement, notice, directional matter or name, and includes sign 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 interest of any person or business when the same is placed in view of the general public.
TEMPORARY SIGN
The term defining any sign, banner, pennant or advertising display intended to advertise or promote an event, sale, election, or other temporary campaign, and not intended for permanent display.
§ 215-79 Exception.
For the purpose of this article the term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.
§ 215-80 Regulations applicable in all use districts.
The regulations contained in this article shall apply to all signs in all use districts, regardless of designation, of the Village of Weedsport:
A.
Any illuminated sign or lighting device shall employ only lights admitting a light of 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 directed 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.
B.
Signs projecting from the front or face of a building shall be installed as follows:
(1)
Interior edge of sign: no more than 12 inches from front of building.
(2)
Exterior edge of sign: not closer than three feet to the curbline.
(3)
Bottom edge of sign: not less than eight feet from the sidewalk.
(4)
No sign shall be more than 20 square feet in size.
C.
No portable or temporary sign shall be placed on the front or face of the building on any premises, except as provided in § 215-83 herein.
§ 215-81 Permitted signs in all districts.
A.
The following signs are permitted in any use district without a permit:
(1)
Signs advertising the sale, lease or rental of the premises upon which the sign is located. Such sign shall not exceed four square feet in area.
(2)
Professional nameplates that shall not exceed two square feet in area.
(3)
Signs denoting the name and address of the occupants of the premises. Such signs shall not exceed two square feet in area.
(4)
Signs denoting the architect, engineer or contractor placed on premises where construction, repair or renovation is in progress. Such sign shall not exceed two square feet in area.
B.
The following signs are permitted in any use district but require a permit as provided herein:
(1)
Signs or bulletin boards as are customarily displayed by places of worship, libraries, museums, social clubs or societies. Such signs or bulletin boards shall not exceed 20 square feet in area on each side and shall be located on the premises of such institutions.
(2)
Any sign advertising the development of real estate or subdivisions permitted in a district zoned residential by any zoning regulation shall not exceed 30 square feet on one side only and shall advertise only the name(s) of the developer(s) and business associated with the development on the property where such sign is located. Not more than one sign per development shall be allowed. Such sign shall in all other respects conform to the provisions of this article. The sign must be removed upon completion of the subdivision or development but in no instance shall remain more than one year.
(3)
At any commercial establishment not more than one pole sign not over 30 feet in overall height for the purpose of advertising may be erected. In case the establishment faces more than one street, the Village Board, at its discretion, may allow two or more such signs.
§ 215-82 Temporary signs.
All signs of a temporary nature, such as posters, banners, promotional devices for events such as garage, yard and house sales, or other signs of a similar nature, including political placards or posters, must be removed within five days after the event or election. Such signs are not to be attached to fences, trees, utility poles or the like and are not to be placed in a position that will obstruct or impair vision or traffic or in any manner that will create a hazard or disturbance to the health and welfare of the general public.
§ 215-83 Permitted signs in nonresidential zoning districts.
In the Neighborhood Commercial (NC), Commercial (C), Historic Commercial (HC), and Industrial (I) Zoning Districts, no sign shall be erected or maintained except as follows:
A.
Signs per business.
(1)
One sign, when not attached to a building, shall not exceed 1/2 square foot of viewable area per side for each linear foot of building frontage occupied by the advertised business. The sign may have a maximum total of two sides. Such sign shall only advertise the name of the owner, trade names, trademark, product sold, and/or the business or activity conducted on the premises where the sign is located. Where a business has frontage on more than one street or highway, only one such sign is permitted. The total business frontage may be used to calculate sign area. No sign, when not attached to a building, shall exceed 20 square feet in viewable area per side.
(2)
One sign attached or applied to a building shall not exceed 1 1/2 square feet of area for each linear foot of building frontage occupied by each business conducted on the premises. In the event a sign is painted or applied directly to the front or face of a building, the area of the sign shall be taken as the area required to continuously circumscribe all the letters and devices with straight lines. Where the business has frontage on more than one street or highway, one such sign shall be permitted for each street frontage, limited in size as outlined in this section.
B.
In addition to the regulations of this article, all signs in the Historic Commercial (HC) Zoning District shall meet the requirements of Article VI, Historic Commercial District Design Regulations, for signage, located in § 215-27J.
§ 215-84 Prohibited signs.
A.
Prohibited signs are signs that have been erected that do not meet the standards of this article, signs that are not maintained or have been abandoned, signs that are determined to be dangerous and cause distractions by the passing motorist and/or any other unsafe condition that a sign may create affecting the public safety and welfare of the Village. Additionally, the following signs are expressly prohibited within the Village of Weedsport:
(1)
Abandoned sign. Any sign not utilized or advertising a business not in operation for a period exceeding 30 calendar days shall be considered abandoned and therefore prohibited.
(2)
Flashing and moving sign or device. Except as specifically permitted and approved in accordance with this article, any moving sign or device designed or used to attract attention, which may or may not including flashing or movement, or devices displaying flashing, intermittent or changing degree of intensity lighting, creating a special effect, beacon, flutter, rotation or other movement, set in motion by movement of the atmosphere or by mechanical, electrical or any other means, shall be prohibited. This includes but is not limited to bunting, pennants, pinwheels, propellers, streamers, balloons or other inflatables, banners or discs, spotlights, searchlights and high-intensity illuminated signs, except as specifically permitted and approved in accordance with this article.
(3)
Imitation of official sign. Any sign which is a copy or imitation of an official sign, or which purports to have official status is prohibited.
(4)
Materials not intended for use as a sign. Any material not intended for use as a sign, including but not limited to tires, shall be prohibited for purposes of signage or advertising, unless expressly provided by this article.
§ 215-85 Sign setbacks.
All freestanding or pole-type signs shall be set back 10 feet from the curbline as it now exists.
§ 215-86 Administration.
A.
Signs requiring a permit. Unless otherwise provided by this article, all signs regulated herein shall require a sign permit. All signs must comply with all the regulations contained herein, irrespective of whether a sign permit is required. Any sign erected without securing a required sign permit and approval of such shall be considered an illegal sign for the purposes of this chapter.
B.
Signs not requiring a permit. The following signs are allowed without a permit provided they conform to any applicable standards herein provided for the specific type of sign:
(1)
Temporary signs.
(2)
Flags and insignia of any government, except when displayed in connection with commercial promotions.
(3)
Legal notices, identification or informational or directional signs erected or required by governmental bodies.
(4)
Signs directing and guiding traffic and parking on private property but bearing no advertising matter and conforming to the regulations set forth in the New York State Department of Transportation Manual of Uniform Traffic Control Devices.
§ 215-87 Application for permit.
Application for the permit shall be made in writing, upon forms prescribed and provided by the Code Enforcement Officer, 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.
A detailed drawing or blueprint 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 on any building or land, and its position in relation to nearby buildings or structures and to any private or public street or highway.
D.
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 the applicant is not the owner thereof.
E.
Name and address of the installer.
F.
Insurance required before issuance of permit, including public liability and workers' compensation.
§ 215-88 Fees.
The applicant shall remit, at the time of application, a fee in accordance with a fee schedule adopted by resolution of the Board of Trustees of the Village of Weedsport.
§ 215-89 Issuance of permit.
Upon examination of the building permit application by the Code Enforcement Officer and compliance with all applicable Village laws and payment of applicable fees, a permit shall be issued. The sign authorized by this permit must be installed within 90 days from date of issuance or the permit will become null and void. The permit may be renewed, for good cause, within 30 days following date of expiration.
§ 215-90 Maintenance of signs.
No sign, whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this article. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted and free from all hazards, such as, but not limited to, proper insurance coverage, faulty wiring, and loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.
§ 215-91 Removal of certain signs.
A.
After the effective date of this article, any sign which is still in place 30 days after a business ceases to exist or closes down, or advertises a product no longer sold, shall be removed. After the thirty-day period, the Code Enforcement Officer shall notify the owner of the premises in writing to remove the sign within 15 days of receipt of notice, which shall be sent certified mail, return receipt requested.
B.
If the Code Enforcement Officer shall find that any sign regulated by this article is unsafe or insecure or is a menace to the public, he shall give written notice to the owner of the sign and the owner of the land on which the sign is located to remove or repair the sign within 15 days of receipt of notice sent by certified mail, return receipt requested. If the sign is not removed or repaired, the Code Enforcement Officer shall revoke the permit issued and order the removal of the sign immediately. All costs for removal shall be charged to the property owner.
C.
The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
§ 215-92 Nonconforming signs.
A nonconforming sign is a sign which does not conform to the provisions of this article but was in existence at the effective date of the article and was lawful at the time it was established. Nonconforming signs may be continued as long as they remain otherwise lawful. Any alteration of a nonconforming sign shall require compliance with the provisions of this article, including obtaining a permit therefor, pursuant to the provisions of this article.
§ 215-93 Violations.
In the event of a violation of any of the foregoing provisions, the Code Enforcement Officer shall give written notice specifying the violation to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The owner of the sign and the owner of the land shall thereupon cause such sign to conform to the requirements of this article within 15 days from the date of receipt of said notice. Such notice shall be sent certified mail, return receipt requested. In the event such notice shall not be so conformed within 15 days, the Code Enforcement Officer shall thereupon revoke the permit and so notify the permit holder and/or landowner by certified mail, return receipt requested.
§ 215-94 Variance.
A.
Any person aggrieved by any decisions of the Code Enforcement Officer relative to the provisions of this article may appeal such decision to the Zoning Board of Appeals of the Village of Weedsport as provided in Article XX of this chapter and shall comply with all procedural requirements contained therein.