Village of Brockport, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Brockport 1-5-1976 by L.L. No. 1-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code and administration — See Chs. 10 and 11.
Zoning — See Ch. 58.

§ 43-1 Definitions.

For the purpose of this chapter, the following words and terms shall be construed as follows, unless otherwise expressly provided:
FREESTANDING SIGN
Any sign not affixed to a building but standing apart therefrom, whether fixed to the realty or movable. The area of such sign shall be considered to be the maximum height times the maximum width. In no event shall either dimension be more than twice that of the other.
PROJECTING SIGN
A sign other than a wall sign suspended from or supported by a building or structure or sign structure and projecting out therefrom.
ROOF SIGN
A sign attached to roof walls and/or columns of the building on which the entire advertising display is above the roof level.
SIGN
Every sign, billboard, freestanding sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning, canopy and street clock, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public, but shall not include any flag, banner, badge, insignia or any quasi-public, civic, charitable or religious group, nor the flag of the United States of America or the State of New York.
TEMPORARY SIGN
A sign of cloth, paper or other combustible materials, with or without a frame, which is usually attached to the outside of the building, on a wall or storefront or within the window area.
WALL SIGN
Any sign attached to, erected against or painted upon the exterior wall of a building or structure so that the display surface of the sign is parallel with the plane of the wall.
A. 
Area of a wall sign. Where the sign is of the skeleton-letter type, which means individual letters without a background except for the face of the building, the area of such sign shall be considered to be the aggregate area of all the smallest rectangles which shall enclose each of the letters, symbols or devices which constitute such sign; except, however, that in the case of skeleton-letter signs, the area of the smallest rectangle enclosing all letters, symbols or other devices shall not be more than double the allowable area for signs of the enclosed type.
B. 
Window signs painted on the inside of windows shall be included in calculating the maximum allowable wall sign area. It shall not exceed 25% of each individual window area of each facade.

§ 43-2 General regulations.

A. 
No sign shall be erected in such a manner as to confuse or obstruct the view or interpretation of any official traffic sign, signal or device, nor obstruct free and clear vision of an intersection.
B. 
Except as provided in § 43-4 of this chapter, only signs which are incidental to the use of the property or which advertise the business or merchandise for sale on the premises or the process of manufacture conducted on the premises shall be permitted.
C. 
Signs may be illuminated (where so indicated in this chapter) internally or externally but may not be flashing, and no animation shall be permitted other than such action signs containing time and temperature changes.
D. 
At the termination of a business, commercial or industrial enterprise, all signs pertaining thereto shall, within 30 days, be removed from the public view. Responsibility for the removal of the signs shall be that of the property owner, according to the latest official tax rolls of the Village of Brockport.

§ 43-3 Permit required; application; fee; exemptions.

A. 
No sign shall hereafter be erected, re-erected, constructed, altered or maintained, except as provided in this chapter and after a permit for the same has been issued by the Building Inspector.
B. 
Application procedure. Plans and detailed information shall be submitted with each application for a sign permit, stating the weight and dimensions of the sign, the materials incorporated in its construction, the methods and materials used to support the sign, the type of illumination, if any, and its exact location on the building or premises. A sketch, in color, of the proposed sign drawn to a scale of not less than 1/4 inch to one foot shall be provided.
C. 
Structural features of the signs shall be specified in the Building Code,[1] but this chapter takes precedence with respect to area, location, illumination and other characteristics.
[1]
Editor's Note: See Ch. 10, Building Construction Code.
D. 
All illuminated signs shall bear the label of the National Board of Fire Underwriters so as to attest to the proper construction. The necessary electrical inspection certificate of approval shall be submitted before the sign is lighted.
E. 
The application for permit shall be accompanied by the written consent of the owner or lessee of the property.
F. 
A fee as established by the Board of Trustees shall be paid before a permit for the erection of each sign requiring a permit is issued.
[Amended 5-6-1991 by L.L. No. 3-1991]
G. 
Exempt signs. No permit shall be required for the signs as follows:
(1) 
Any permitted sign in a residential zone, as specified in § 43-4.
(2) 
Temporary signs pertaining to the sale or leasing of a lot or building, or the construction of a building on the property on which it is placed.
(3) 
Federal, state, county and municipal signs and historical markers.
(4) 
Signs identifying a church, public building, playground or other such permitted use situated on the property to which it relates.
(5) 
Temporary signs advertising sales, premiums, special events or other temporary activities. These may be mounted on the window or door surfaces of a structure in the business and industrial zones, provided that the total area of such signs at any time does not exceed 20% of window area. Such signs shall be removed within 48 hours after the special event or temporary activity has taken place.
(6) 
Political signs.
[Added 11-2-1992 by L.L. No. 4-1992]
(a) 
Political signs may be erected no earlier than 37 days prior to the date of any election.
(b) 
Political signs may not be larger than 15 square feet and limited to one political sign per property.
(c) 
Political signs may not be placed on Village trees or utility poles.
(d) 
Political signs may not be placed in the Village right-of-way nor on Village-owned property.
(e) 
Political signs must be removed within 48 hours after the election (i.e., 2100 hours, 9:00 p.m., of the second day after the election).

§ 43-4 Signs permitted in residential zones.

Only the following signs shall be permitted in any residential zone:
A. 
One nameplate, which may be illuminated and may include the address, situated within the property lines and not exceeding one square foot in area on either of two sides.
B. 
One sign, which may be illuminated, identifying a permitted residential professional office, which shall indicate only the name and profession of the resident, shall be situated not closer than 10 feet to any property line and shall not exceed two square feet in area on either of two sides.
C. 
One sign, which may be illuminated, identifying a school, church, public building, playground, hospital or other such permitted use, which shall be situated on the property to which it relates, not less than 25 feet from a street (unless the building is closer than that to the street, in which case it shall be not less than 1/2 the distance from building to street) and does not exceed 10 square feet in area on either of two sides.
D. 
One temporary sign indicating that the property is for sale or lease or pertaining to construction on the property. This shall not be illuminated, shall not exceed four square feet in area on either of two sides, shall be situated not closer to the front property line than 1/2 the distance between the building and the front property line nor 10 feet to the side property lines and shall not be placed on trees. If there is no structure on the property, the sign shall be not closer than 10 feet to any property line. All such signs shall be promptly removed when the premises are sold or rented or when construction has been completed, but not more than three days thereafter, in any case. In residential zones, no signs announcing any property as having been sold shall be posted for a period of more than seven days after the sale.
E. 
One temporary sign pertaining to the development of more than one residential structure on a group of adjacent lots or properties, which shall not be illuminated, shall not exceed 20 square feet in area on either of two sides and shall be situated not closer than 10 feet to any property line.
F. 
Identifying signs relating to an apartment development site, which may show or include the name of the development, the presence or lack of vacancies, the location of the rental agent's office and his telephone number, and the project address. Such signs shall not in the aggregate exceed 25 square feet in area on either of two sides and may be illuminated. Such signs may be located in any of the required yard areas but shall not be closer than 25 feet to the property line or street line (unless the building is closer than 25 feet to the street, in which case it shall not be less than 1/2 the distance from building to street).
G. 
Signs advertising a golf course, country club, private swimming club, marina, tennis club, equestrian trail, private stable or related open area, provided that no such sign exceeds 10 square feet on any one side and that not more than two such signs will be placed upon the property.
H. 
No sign permitted in a residential zone shall exceed 10 feet in height as measured from the adjacent grade level.

§ 43-5 Signs permitted in business and industrial zones.

Only the following signs shall be permitted in business and industrial zones or uses:
A. 
All signs permitted in residential zones; however, in these zones temporary signs pertaining to sale, leasing or construction may be located anywhere within the property to which they pertain.
B. 
One wall sign, which may be illuminated, upon the front facade of a building for each permitted use or activity.
(1) 
Said sign in the aggregate shall not exceed two square feet in area for each linear foot of public frontage. If a use is on a corner, then one sign may be placed on each facade of an occupancy which faces upon a parking area, and if such building is more than 100 feet distant from the nearest street to the rear of the property, then such sign may be five square feet in area for each linear foot.
[Amended 12-16-1985 by L.L. No. 12-1985]
(2) 
Such sign shall not project more than 14 inches beyond the building facade on which or in front of which it is displayed, shall be at least nine feet above the sidewalk, and shall not be higher than the highest point of the parapet or facade of the building.
C. 
One freestanding sign shall be permitted when the main building is set back a minimum of 25 feet from the property line. Such sign shall not exceed an area of 25 square feet, plus five square feet for each separately operated use or activity in the structures, if there is more than one. In no case shall any sign exceed 40 square feet in area on either of two sides. Such signs shall be for no other purpose than identifying the facility and listing the individual occupants and may be located within any required yard area, but shall not extend beyond any property line and shall not exceed 20 feet in height.
D. 
A shopping center or industrial park may have one directory sign at any location therein, which shall not exceed five square feet on any one side for each acre of land in said shopping center or industrial park; and, likewise, a sign not exceeding two square feet on one side for each acre of land at the shopping center or industrial park may be located at each major point of entrance into said shopping center or industrial park. These signs shall not exceed three in number.
(1) 
In the interior of a shopping center or industrial park which contains more than one building, there may be one directory sign not exceeding eight square feet on one side for each building unit therein.
(2) 
In a shopping center having walkways roofed over with a permanent canopy or some similar other structural device, there may be one illuminated sign or nonilluminated sign for each structure or occupant in the shopping center. Said sign may be hung from the underside of the canopy and shall not exceed eight square feet on one side.
E. 
Special exception uses:
(1) 
Motor vehicle service stations and hotels or motels may have only the following:
(a) 
One freestanding identification sign which does not exceed 25 square feet in area on either of two sides and is not more than 20 feet in height. Such sign may be set at the corner of the property if the station or resort facility is a corner location, in which case the base shall be set in a planted area. If the station or resort facility is an interior location, the sign may be erected in any required yard area but shall not extend over the property line.
(b) 
Two signs may be placed on the front facade of the building, provided that the total of such signs does not exceed 20% of the area of the facade, including window and door areas.
(2) 
Time-temperature signs, subject to Planning Board review and approval.
(3) 
Service club signs, subject to Planning Board review and approval.
F. 
Projecting or overhanging signs shall be permitted on the following conditions:
[Added 4-6-1987 by L.L. No. 3-1987]
(1) 
Said signs shall not exceed 15 square feet, with the largest dimension not exceeding five feet.
(2) 
No sign shall extend higher than the second-floor windowsill or the roof of a one-story building.
(3) 
No internally lit signs shall be permitted, and all signs shall be constructed of wood; any other material requested to be used shall be approved by the Board of Trustees of the Village of Brockport.

§ 43-6 Nonconforming signs.

A. 
Nothing herein contained shall be deemed to require the removal or discontinuance of a legally existing display sign that is not altered, rebuilt, enlarged, extended or relocated, but all such signs shall be subject to inspection and maintenance. The terms "altered," "rebuilt," "enlarged," "extended" or "relocated" shall not be deemed to include ordinary repairs and maintenance. Any failure to keep a sign painted, illuminated or in good repair for a period of one year shall constitute abandonment, and the sign or appurtenance may not then be replaced or reused and must be removed.
B. 
Replacement or relocation of signs on nonconforming uses in residential area. Any new, altered or relocated sign pertaining to a nonconforming use in a residential zone shall conform to the restrictions governing the use if it were in a business or industrial zone, except that the permitted sign area shall be 1/2 that which would be permitted if the use were located in the business or industrial zone.

§ 43-7 Maintenance.

The Building Inspector shall require the proper maintenance of all signs and shall inspect every sign for which a permit has been issued within 30 days after it is erected. All signs, together with all of their supports, shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The Building Inspector may order the removal of any sign that is not maintained in accordance with the provisions of this chapter.

§ 43-8 Miscellaneous provisions.

A. 
The following signs shall be prohibited in all zones: projecting or overhanging signs; roof signs; portable A-frame-type signs.
B. 
Awnings and signs must have a clearance of at least eight feet above the sidewalk.
[Amended 4-6-1987 by L.L. No. 3-1987]
C. 
The outdoor use of pennants, windmills, banners, flashing, moving, reflective or animated signs is prohibited. Upon application to the Building Inspector, a permit shall be issued, without charge, for the limited use of such devices in conjunction with a special event. In no event shall the period of such permit exceed 30 days in any twelve-month period.
[Amended 9-3-1985 by L.L. No. 7-1985]
D. 
Freestanding directional signs which are necessary to control and regulate the movement of traffic on the interior roadways and the parking areas in the Village are permitted; provided, however, that the number, location and size are approved by the Planning Board.
E. 
Any sign now or hereafter existing which no longer advertises a bona fide business now being conducted on the premises shall be removed from said premises by the present owner or occupier of the premises within 10 days from receipt of a written order from the Building Inspector to do so. In default thereof, the Building Inspector may order the removal thereof and charge all costs incidental thereto to the owner or occupier of the premises.
F. 
If the Building Inspector shall determine that any sign in the Village constitutes a menace to health, safety, morals or general welfare of the Village, he shall notify the record owner or occupier of the premises, by written notice, to rectify or remedy the condition within 10 days. If the condition is not remedied, the Building Inspector shall undertake the necessary procedures to rectify or remedy the same, charging all costs to the record owner or occupier.
G. 
Any person, firm or corporation which proposes a use or an addition to a use which requires site plan approval by the Planning Board and intends to utilize any sign, as defined herein, shall submit the information and data to the Planning Board showing the location, size and nature of the proposed sign. Such data and information may appear on the site plan submittal. Site plan review shall not excuse the applicant from submitting plans as stated herein to the Building Inspector for approval, nor shall the applicant be excused from paying any fee set forth in this chapter.

§ 43-9 Penalties for offenses.

Any person, firm or corporation who shall erect or construct or permit the erection of any sign or other outdoor display structure in violation of the provisions of this chapter, or shall permit the maintenance of such structure in violation of this chapter, or shall neglect or refuse to remove, repair or alter any such structures in accordance with the provisions of this chapter when so ordered by the Building Inspector, shall be subject to a fine which shall not exceed $500.

§ 43-10 Repealer.

Any ordinance or part of an ordinance inconsistent with the provisions of this chapter, including references to signs in Chapter 58, Zoning, of the Village of Brockport, is hereby repealed to the extent of such inconsistency.

§ 43-11 When effective.

Local Law No. 1 of 1976 shall be effective upon filing with the Secretary of State of the State of New York.