Village of Hamburg, NY Article 35 Sign Regulations

§ 250-35.1 Purpose and intent.

A. Purpose. The purpose of this article is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the Village. These standards are designed to protect and promote the public welfare, health and safety of persons within the community and to aid in the development and promotion of business and industry by providing sign regulations which encourage aesthetic creativity, effectiveness and flexibility in the design and use of such devices without creating detriment to the general public.

B. Objectives. It is further the intent of this chapter to achieve the following objectives:

(1) Ensure right to free speech as protected under the Constitution;

(2) Establish a clear and impartial process for those seeking to install signs;

(3) Protect property values, create a more attractive economic and business climate, protect traditional Village character, and maintain a desirable appearance of the community;

(4) Provide structures and uses with effective means of identification while reducing visual clutter through the prevention of excessive and confusing sign displays;

(5) Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or visible from the public rights-of-way;

(6) Reduce the adverse effects of signage on the desirable aesthetic of the Village and on the general environment of the community; and

(7) Enforce and encourage the objectives and goals of the Village's Comprehensive Plan.

§ 250-35.2 Applicability.

A. Signs regulated. The regulations of this chapter shall govern and control the erection, enlargement, expansion, renovation, operation, maintenance, relocation and removal of all signs within the Village visible from any street, sidewalk, public right-of-way, or public space.

B. Exemptions. The provisions of this chapter shall not apply to or be construed to prohibit the following:

(1) Safety signs, road signs, historical markers, or highway directional signs erected by municipal or governmental agencies.

(2) Temporary decoration of premises during customary religious, patriotic or holiday seasons.

(3) Signs within a building not legible from the public right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such sign is intended only to be seen from within the enclosed space and is so oriented.

(4) Any official sign, public notice, or warning sign supported by federal, state or local law, including but not limited to signs erected and maintained pursuant to and in discharge of any government functions (examples include NYS inspection station or authorized repair shop identification and posted notices).

C. Conflict of provisions. If any portion of this chapter is found to be in conflict with any other provision of any zoning, building, fire safety or health code of the Village or other local or state agency, the provision which establishes the higher standard shall prevail.

§ 250-35.3 Permits required.

A. Sign permits. Except as hereinafter provided, no person shall erect, alter, construct, relocate or cause to be erected, altered, constructed or relocated any sign without first having obtained a sign permit from the Village of Hamburg Code Enforcement Officer, as required by this chapter.

B. Permit exceptions. The following actions shall not require the issuance of a sign permit provided such maintenance, changes, or alterations do not alter the physical size, design, structure, or nature of the sign.

(1) Normal maintenance and repair of a sign not involving structural changes, including, but not limited to, repainting, repairing, changing of parts, or cleaning.

C. Alteration. Any sign for which a permit has been issued shall not be modified, relocated, altered, or replaced, unless an amended or new sign permit is obtained from the Code Enforcement Officer.

D. Expiration. A sign permit shall expire if the sign for which the permit has been issued is not fully constructed within 180 days from the date of issuance of the sign permit. The Code Enforcement Officer may grant an extension of up to an additional 45 days provided the applicant submits a written request with sufficient reason for the delay in construction.

E. Revocation. The Code Enforcement Officer, at any time for a violation of this chapter, may issue a notice of violation. A written notice of the violation including all reasons for the violation shall be mailed to the property, building, and/or sign owner. Said violation must be corrected within 30 days of the date of notice; otherwise the sign permit shall be revoked and the sign in question shall be required to be removed.

§ 250-35.4 Sign permit applications.

A. Application submittal.

(1) Sign permit applications shall be submitted to the Code Enforcement Officer on the appropriate forms provided by the Village of Hamburg.

(2) Incomplete applications will not be processed. The Code Enforcement Officer shall provide written or electronic notice of application deficiencies to applicants. If such deficiencies are not corrected within 30 days of notice, the application will be considered withdrawn.

B. Application requirements. All sign applications shall require the submittal of the following information. The Code Enforcement Officer may require application materials to be prepared by a licensed engineer or sign professional if deemed necessary for adequate review of the proposed sign.

(1) Name, address, contact information, and signature of the applicant.

(2) Name, address, and signature of the building and/or property owner (if not the applicant), and a statement of consent for the applicant to seek such sign permit.

(3) Name and information of the sign constructor and/or erector (if not the applicant), including a cost estimate for construction.

(4) All applicable permit fee(s).

(5) Plans, dimensions, and/or drawings indicating the size, shape, construct, materials, design, and layout of the proposed sign(s).

(6) Site plan and elevations indicating the proposed location, size, and design of the sign(s) drawn to scale.

(7) Color illustrations and/or photographs of the proposed sign and sign area.

(8) Plans indicating the proposed illumination system and/or structure, if any, and the type of lighting to be used.

(9) Any additional site and/or sign information deemed necessary by the Code Enforcement Officer for the proper review of such application.

C. Signs in public right-of-way. Applicants seeking approval for the placement of a sign or signs in the public right-of-way shall provide the Village with a certificate of insurance issued by a qualified and licensed insurance company naming the Village as an additional insured against all claims in the face amount of $250,000 for property damage and personal injury connected with said sign. The amount of the deductible pertaining to the Village shall not exceed $500.

§ 250-35.5 Sign permit review.

A. Review by sign type.

(1) Sign permit applications shall require administrative review by the Code Enforcement Officer or review by the Architectural Review Committee, depending upon the sign type proposed. The table below indicates the required review by sign type.

Table 35.5 Required Review by Sign Type
Review Body	None1	CEO2	ARC	Regulations
A-frame sign				§ 35.14A
On private property	•
In public right-of-way		•
Awning sign			•	§ 35.16A
Directional sign		•	•2	§ 35.14B
Governmental sign	•			§ 35.14C
Ground sign		•	•2	§ 35.16B
Internal sign	•			§ 35.14D
Lawn sign	•			§ 35.14E
Neon sign		•		§ 35.14F
Noncommercial sign		•		§ 35.14G
Marquee sign		•	•2	w/Review
Pole sign		•	•2	§ 35.16C
Projecting sign		•	•2	§ 35.16D
Public sign	•			§ 35.14H
Real estate/for sale/lease	•			§ 35.14I
Suspended sign		•	•2	§ 35.16E
Temporary sign		•3		§ 35.16F
Wall sign		•	•2	§ 35.16G
Window sign		•	•2	§ 35.16H

NOTES:
1	Signs not requiring review for a sign permit must still conform to all applicable regulations of this article.
2	Applications for signs located in a commercial or mixed-use district shall also require ARC review in accordance with Subsection D.
3	Code enforcement officer may require conditions of approval, including referral to ARC and/or the Mayor.

(2) Applications for signs that are consistent with a sign plan or program previously approved for a project or building may be administratively reviewed, regardless of the sign type.

B. Administrative review procedures.

(1) The Code Enforcement Officer may approve, approve with modifications, or deny a sign application as part of administrative review.

(2) The Code Enforcement Officer shall render their decision within 30 days of receipt of a complete application. A sign permit shall only be issued when it is determined that the sign complies with the requirements of this chapter and all other applicable local, state, and federal laws and ordinances.

(3) Any person aggrieved by a decision for a sign permit by the Code Enforcement Officer may submit an appeal to the Village of Hamburg Zoning Board of Appeals. Such appeal must be made within 30 days of the date of decision.

C. ARC review procedures.

(1) Sign permit applications shall be submitted to the Code Enforcement Officer at least 10 business days prior to the ARC meeting at which such application is to be considered. Upon receipt of all required information, the Code Enforcement Officer will submit all materials to the ARC for their review.

(2) The ARC shall review and decide upon all sign applications received from the Code Enforcement Officer. Such review may occur at any regularly or specially scheduled ARC meeting.

(3) The ARC may approve, approve with modifications, or deny a sign permit application upon consideration of the application's conformance to the applicable requirements contained in this chapter.

D. Site plan or special permit review coordination. Developments subject to review and approval under this Zoning Chapter may have proposed signage reviewed and approved as part of the special permit or site plan review process. In the event of such review, all required sign permit application materials shall be provided as part of the special permit or site plan application.

E. Review criteria. The review and approval of sign permit applications shall be based upon the following criteria:

(1) The scale, color, texture and materials of the sign will be compatible with the style, color, texture and materials of the building on which it is located as well as neighboring buildings;

(2) The sign is neither confusing or distracting, nor will it create a traffic hazard or otherwise adversely impact public safety;

(3) The sign is consistent with the vision and intent of the Village of Hamburg Comprehensive Plan and will promote an attractive and walkable traditional Village environment;

(4) The sign follows the Village of Hamburg Building Design Standards to the greatest extent practicable; and

(5) The sign is otherwise compliant with this chapter.

§ 250-35.6 Measurement.

A. Sign area.

(1) Single sign face. The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or geometric combination thereof that will encompass the extreme limits of the writing, representation, emblem, graphic, and/or other display, together with any material, backdrop, or structure on which it is placed. See Figures 1 and 2.

(2) Multifaced signs. In the case of a multifaced sign, only one side of the sign is considered in determining sign area if the sides of the sign are back-to-back or diverge at an angle of 45° or less.

(3) Structural support not included. The supporting structure or bracing of a sign shall not be computed as part of the sign area unless such supporting structure or bracing is made a part of the message with the inclusion of any text or graphics. If such is the case, a combination of regular geometric shapes which can encompass the area of said text or graphics shall be included as part of the total sign area computation.

B. Sign height.

(1) Freestanding sign. The height of a freestanding sign shall be calculated by measuring the vertical distance between the top part of such sign or its structure, whichever is highest, to the elevation of the ground directly beneath the center of the sign. See Figure 3.

(2) Other signs. The height of an awning, projecting, suspended, wall, or window sign shall be determined by measuring the vertical distance between the top part of the sign face or structure, whichever is highest, to the bottommost edge of the sign face. See Figures 1 and 2.

§ 250-35.7 Safety provisions.

All signs shall be designed, constructed, and located in accordance with the following criteria to protect the general health, safety, and welfare of the public.

A. No sign shall be erected, constructed, or maintained so as to obstruct free egress from a window, door or fire escape, to interfere with any opening required for ventilation, or to become a menace to life, health or property.

B. No sign shall be erected at or near any intersection of streets, alleys, or railways in a manner that obstructs free and clear vision for pedestrians, bicyclists, and motorists.

C. No sign shall be of a shape, color, or design that may be confused with any authorized traffic control device.

D. No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used with any sign display.

E. Signs shall maintain clearance from high-voltage power lines.

F. The erection of any sign and its supports, including any wiring and/or electrical components utilized therein, shall be consistent with the requirements of the NYS Uniform Code and National Electrical Code, as applicable.

G. The erection of any sign, its supports, wiring, or other structural and/or electrical elements may be subject to inspection and approval by the Code Enforcement Officer.

§ 250-35.8 Design and construction.

A. All signs shall be constructed of permanent, weather-resistant, and durable materials, except for banners, flags, temporary signs, and window signs otherwise in conformance with this chapter.

B. Where applicable, signs shall be supported by sign structures that are designed to resist wind pressures, dead loads, and lateral loads in accordance with the appropriate provisions of the NYS Uniform Code. All sign supports may be reviewed as part of the sign design.

C. All permanent sign lettering shall be permanently affixed to the sign.

D. No sign may be constructed of untreated, unfinished, or unpainted wood, or sandblasted metal. All wood components of signs must be sealed and protected from the elements.

E. No sign shall use neon, fluorescent, or day-glow colors. Signs using neon tubing, except internal neon signs as permitted by this article, may be permitted with ARC review and approval.

§ 250-35.9 Location.

A. No sign may be posted on public property or within a public right-of-way, unless otherwise approved by Village Board. Signs encroaching upon or projecting over the public right-of-way shall also require Village Board approval.

B. All signs must comply with the dimensional and setback requirements of this article.

C. No sign shall obscure, alter, or cover the architectural features of any building.

D. All signs shall be located on the site being promoted, identified, or advertised.

E. All signs shall maintain at least a ten-foot setback from all property lines, unless otherwise noted within this chapter.

F. No freestanding sign or any part thereof exceeding three feet in height, other than a supporting pole or brace no greater than 18 inches in width or diameter, shall be located within the designated clear sight triangle (see Figure 4) of any intersecting streets. The clear sight triangle shall be defined by the triangle formed by the curb lines of the intersecting streets measured 30 feet outward from the point of intersection of said curb lines along such curb lines. This shall only apply to intersections where a building does not occupy this space.

§ 250-35.10 Illumination.

A. Intermittent illumination or illumination which involves movement or causes the illusion of movement resulting from the arrangement of lighting is prohibited.

B. In no event shall any illuminated sign or lighting device be placed so as to permit the beams and illumination therefrom to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

C. Overhead wires or exposed wires on a sign or its supporting members are prohibited.

D. While internally illuminated signs are prohibited, reverse channel illumination (backlighting) may be utilized in districts where illumination is permitted.

§ 250-35.11 Maintenance and repair.

A. All signs shall be maintained in safe and good structural condition, in compliance with all applicable building and electrical codes, and in conformance with this chapter at all times.

B. Such maintenance includes replacement of all defective bulbs, parts, materials, painting, repainting, cleaning, replacement of copy, and other acts required for maintenance of such sign. If any sign does not comply with these standards, the Code Enforcement Officer may require its removal.

§ 250-35.12 Removal of signs.

A. Any sign that becomes obsolete, meaning the business, product, service, event, or other such topic to which it relates ceases operation or is no longer applicable, must be removed within 60 days of such termination. An extension may be granted by the Code Enforcement Officer upon written request by the sign owner.

B. The removal of signs shall be the sole responsibility of the sign owner and/or sign permit holder. If said sign is not removed within 30 days of the date of written notice by the Code Enforcement Officer, the Code Enforcement Officer is authorized to effect its removal.

C. The removal of signs shall include the removal of all sign elements and related structural supports, returning the building, site, or structure to its original state.

D. The Code Enforcement Officer may remove any sign that is found to be in violation of this chapter. The property and/or sign owner shall subsequently be given written notice of such sign removal. If the sign is not claimed within 10 days of the written notice, the Code Enforcement Officer may dispose of said sign.

E. Any costs incurred for the removal of a sign shall be fully reimbursed to the Village of Hamburg by the sign permit holder. Such costs may be assessed to the property for collection by the Village.

§ 250-35.13 Prohibited signs.

The following signs are prohibited within the Village:

A. Any sign for which no sign permit was issued, for which a sign permit was revoked, or any other sign not explicitly authorized herein.

B. Any sign that is not properly maintained, considered structurally unsound, hazardous, or otherwise unsafe.

C. Any sign placed on a curb, sidewalk, hydrant, utility pole, tree or other object located on, over, or within the public right-of-way, unless otherwise permitted by this article.

D. Any sign that advertises an activity, business, product or service no longer conducted or available on the premises on which the sign is located.

E. Any sign that is located off-premises from the use and/or structure to which it serves.

F. Any sign that contains words or pictures of an obscene or pornographic nature.

G. Any sign that is internally illuminated or that uses digital or LED screen technology.

H. Any sign that emits audible sounds, odor, or visible matter.

I. Any sign that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle or any sign which hides from public view any traffic or street sign, signal, or device.

J. Any sign that flashes, blinks, rotates, or revolves, or utilizes unshielded lighting devices, mirrors, or reflective material.

K. Any permanent sign that is mounted on wheels or mounted on any structure on wheels, not including registered commercial vehicles upon which a commercial message is displayed.

L. Any sign erected on the roof of a structure or attached in any manner that would extend beyond the roofline of the structure upon which it is located.

M. Any permanent sign using a single pole for support, or a monopole sign.

N. Any banner, poster, pennant, ribbon, streamer, spinner, or balloon, unless such material is utilized as temporary signage subject to the regulations of this article.

O. Any sign mounted on a registered vehicle parked on public or private property for more than 12 hours and visible from the street.

§ 250-35.14 Signs authorized without a permit.

The following types of signs may be erected in the Village without obtaining a sign permit. Although permits are not required for these signs, they shall conform to all other applicable requirements of this chapter or may be subject to removal by the Code Enforcement Officer in accordance with this article.

A. A-frame signs. Temporary a-frame signs shall not require a permit provided the following conditions are met:

(1) The sign is located in a nonresidential district and does not interfere with vehicular, pedestrian, or bicycle access or visibility.

(2) The sign is displayed for no more than 30 days in a sixty-day period.

(3) There is no more than one sign per use and the sign does not exceed three feet in height, three feet in width, and nine square feet in area.

(4) The sign is not illuminated.

(5) The sign is not located in the public right-of-way (permit required to be located in the public right-of-way).

(6) The sign is brought inside when operation is not in use.

B. Directional signs. Nonilluminated direction signs do not require a permit provided the following conditions are met:

(1) Directional signs shall be located entirely on the property to which they pertain and shall not contain a commercial message (e.g., business name).

(2) The total of directional signs on any one property shall not exceed an area of six square feet in a residential district, or 16 square feet in a nonresidential district.

(3) Directional signs shall not exceed three feet in height.

(4) Directional signs may not extend above the first floor of any given structure or project beyond property lines.

C. Governmental signs. Any official sign, public notice, or warning sign authorized by federal, state or local law, including but not limited to signs erected and maintained pursuant to and in discharge of any government functions. (Example: NYS inspection station or authorized repair shop identification).

D. Internal signs. Signs within a building not legible from the public right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such sign is not legible beyond the property lines.

E. Lawn signs. Temporary lawn signs shall be in conformance with the regulations below.

(1) No sign exceeds three feet in height and six square feet in area, and the cumulative area of all signs on the lot does not exceed 12 square feet.

(2) No sign is displayed for more than 30 days in a sixty-day period.

(3) No sign is illuminated.

F. Interior neon signs. Neon signs shall not require a sign permit provided the following conditions are met:

(1) The sign is mounted inside a building and the building is located within a nonresidential district.

(2) There is no more than one neon sign per window, covering no more than 10% of the window area.

(3) There are no more than two neon signs per use/business.

G. Noncommercial signs. Any use is permitted one sign that does not contain a commercial message, provided such sign is in conformance with the following:

(1) The sign does not exceed three feet in height and six feet in area.

(2) The sign is not illuminated.

(3) The sign is not located above the first floor of any structure.

H. Public signs. Signs of a public or noncommercial nature displayed for the direction, safety or convenience of the public, including, but not limited to, signs which identify rest rooms, hours of operation, or warnings, provided they conform to the following:

(1) No sign may be illuminated.

(2) No sign may exceed three feet in area.

(3) The cumulative area of all signs for any one use or property shall not exceed 12 square feet.

(4) The sign does not contain a commercial message (e.g., business name).

I. Real estate and for sale/lease signs. Real estate and for sale/lease signs shall not require a permit provided they conform to the following conditions:

(1) In VCC, NCC, GC, MU-R, and MU-I Districts such signs shall be:

(a) Affixed to the building;

(b) No more than 12 square feet in area; and

(c) Nonilluminated.

(2) Real estate and for sale/lease signs that are pole signs shall comply with the requirements of § 250-35.16C and shall not be illuminated. In all districts, monopole signs shall not exceed six square feet in area and three feet in height.

§ 250-35.15 Permitted signs by Zoning District.

A. Sign types. The following table indicates the sign types permitted within the Village's zoning districts.

(1) A "•" indicates that the sign type is permitted and may be illuminated.

(2) A "o" indicates that the sign type is permitted but shall not be illuminated.

(3) A "-" indicates that the sign type is not permitted.

TABLE 35.15A Sign Types Permitted by Zoning District
District and Sign Type	SFR, TVR	LCR	VCC, NCC, GC	MU-R, MU-I	Requirements
Maximum number	1 per use	1 per use	1 per use	1 per use
Awning	—	o	o	o	§ 250-35.16A
Ground	—	o	•	•	§ 250-35.16B
Marquee	—	—	•	•	Determined by Review Board
Pole	—	—	•	•	§ 250-35.16C
Projecting	—	o	•	•	§ 250-35.16D
Suspended	—	o	o	o	§ 250-35.16E
Temporary1	o		o	o	§ 250-35.16F
Wall	o	o	•	•	§ 250-35.16G
Window1	—	o	o	o	§ 250-35.16H

NOTE:
1	Window and temporary signs shall not be included in the count of total allotted signage for any one use.

B. Additional signage for developments. Due to the unique identification needs of residential and multitenant commercial developments, additional signage may be permitted in accordance with the table below. All signs must be in conformance with § 250-35.16, where applicable.

Table 35.15B Additional Development Signage
	Number	Type
Residential Development
	1 per entrance1	Ground Sign, maximum height 4 feet and maximum area 16 square feet
Multitenant commercial or mixed-use development
Per tenant	2	As permitted
Per lot	1	Ground sign, maximum height 6 feet and maximum area 32 square feet
Multistory, multitenant commercial or mixed-use building
First floor, with frontage	1 per tenant	As permitted
First floor, without frontage	1 shared	As permitted, located on first floor
Upper floor	1 shared	As permitted, located on first floor
Corner buildings
	1 additional	As permitted2, must be identical to signage on primary facade

NOTES:
1	Shall only apply to entrance points from public streets.
2	Freestanding signs may not be duplicated. Additional signage must be located on facade.

§ 250-35.16 Regulations by sign type.

A. Awning sign. A sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor area. Awning signs shall be limited to the valence.

District	SFR, TVR	LCR	VCC, NCC, GC	MU-R, MU-I
Maximum number	-	1 per awning	1 per awning	1 per awning
Maximum height1	-	12 inches	12 inches	12 inches
Minimum clearance2	-	9 feet	9 feet	9 feet
Illumination	-	-	-	-

NOTES:
1	Measured by the height of any shape fully encompassing all graphics and/or type.
2	Measured from the elevation of the ground directly beneath the center of the awning to the bottommost edge of the awning.

(1) Additional regulations.

(a) Awning signs shall be permitted on first-floor awnings only.

(b) No sign shall project from an awning.

(c) A single use may utilize no more than two awnings for signage. Where a single use has more than one awning, each awning shall match in color and style.

(d) Where an awning relates to more than one use, each use shall be entitled to one sign on such awning provided the color and style of the signs are the same.

(e) Awnings upon which a sign is to be placed shall be comprised of high-quality, weather-resistant materials designed for exterior use.

(f) Wood, metal and internally illuminated translucent awnings are prohibited.

(g) Awnings may be retractable or fixed. Fixed awnings must be structurally capable of withstanding high wind and winter snow loads.

B. Ground sign. A type of freestanding sign that is mounted on a base flush with the ground or supported by one or two columns or posts provided the distance between the ground and bottommost edge of the sign is no greater than two feet.

District	SFR, TVR	LCR	VCC, NCC, GC	MU-R, MU-I
Maximum number	—	1 per lot	1 per lot	1 per lot
Maximum area	—	16 square feet	24 square feet	24 square feet
Maximum height	—	4 feet	6 feet	6 feet
Minimum setback	—	10 feet	10 feet	10 feet
Illumination	—	—	External	External

NOTE: For residential and multitenant commercial development ground sign requirements see Table 35.15B.

(1) Additional regulations.

(a) All ground signs shall have a landscaped area at the base of the sign. The landscaping shall fully surround the sign and utilize appropriate plantings so as not to obscure the visibility of the sign.

(b) All plantings shall be properly manicured and maintained as the season may require. Dead or decaying plant material shall be replaced by the sign owner within 30 days of written notice by the Code Enforcement Officer.

(c) External lighting fixtures may be mounted on the ground or on the sign. Lighting fixtures mounted on the ground shall be shielded and directed so as to illuminate only the sign face.

C. Pole sign. A type of freestanding sign that is supported by two columns or posts with a distance exceeding two feet between the ground and the bottommost edge of the sign.

District	SFR, TVR	LCR	VCC, NCC, GC	MU-R, MU-I
Maximum number	-	-	1 per lot	1 per lot
Maximum area	-	-	16 square feet1	16 square feet1
Maximum height	-	-	8 feet	8 feet
Minimum setback	-	-	10 feet	10 feet
Illumination	-	-	External	External

NOTE:
1	For every foot over four feet that the sign face is elevated, the maximum area allowable shall decrease by two square feet.

(1) Additional regulations.

(a) All pole signs shall have a landscaped area at the base of the sign. The landscaping shall fully surround the sign and utilize appropriate plantings so as not to obscure the visibility of the sign.

(b) All plantings shall be properly manicured and maintained as the season may require. Dead or decaying plant material shall be replaced by the sign owner within 30 days of written notice by the Code Enforcement Officer.

D. Projecting sign. A sign which is wholly dependent upon a building for support and which projects more than 12 inches from such building.

District	SFR, TVR	LCR	VCC, NCC, GC	MU-R, MU-I
Maximum number	-	1 per use	1 per use	1 per use
Maximum area	-	6 square feet	12 square feet	12 square feet
Maximum height	-	2 feet	3 feet	3 feet
Minimum clearance1	-	8 feet	8 feet	8 feet
Maximum clearance2	-	12 feet	12 feet	12 feet
Maximum projection	-	5 feet	5 feet	5 feet
Illumination	-	-	External	External

NOTE:
1	Measured from the elevation of the ground directly beneath the center of the sign to the bottommost edge of the sign.

E. Suspended sign. A sign attached to and supported by the underside of a horizontal plane.

District	SFR, TVR	LCR	VCC, NCC, GC	MU-R, MU-I
Maximum number	-	1 per use	1 per use	1 per use
Maximum area	-	6 square feet	12 square feet	12 square feet
Maximum height	-	2 feet	3 feet	3 feet
Minimum clearance1	-	8 feet	8 feet	8 feet
Maximum clearance2	-	12 feet	12 feet	12 feet
Illumination	-	-	-	-

NOTE:
1	Measured from the elevation of the ground directly beneath the center of the sign to the bottommost edge of the sign.

F. Temporary sign. A sign which is not intended to be used for a period of time exceeding 15 days and is not attached to a building, structure, or ground in a permanent manner.

District	SFR, TVR	LCR	VCC, NCC, GC	MU-R, MU-I
Maximum number1	1 per use	1 per use	1 per use	1 per use
Additional regulations2	See sign type
Maximum height	3 feet	4 feet	6 feet	6 feet
Illumination	-	-	-	-

NOTES:
1	Temporary signs shall not be counted towards the allotted signage for any use or lot.
2	Temporary signs shall observe the same size, clearance, and location requirements as the type of sign for which it is intended to serve (e.g., wall sign or ground sign).

(1) Additional regulations.

(a) No sign shall be displayed for more than 30 days in a sixty-day period.

(b) The display of a sign may be extended for up to one additional fifteen-day period upon written request to the Code Enforcement Officer setting forth the special circumstances requiring such extension.

(c) No sign shall project above the first floor of any given building or beyond property lines.

(d) Banners, posters, pennants, ribbons, streamers, spinners, or balloons may be permitted as temporary signage, provided they are in conformance with this section.

G. Wall sign. A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than 12 inches from such building or structure.

District	SFR, TVR	LCR	VCC, NCC, GC	MU-R, MU-I
Maximum number1	-	1 per structure	1 per facade	1 per facade
Maximum area	-	12 square feet	1 square foot per linear foot of facade width OR 50 square feet, whichever is less	1 square foot per linear foot of facade width OR 50 square feet, whichever is less
Maximum height	-	3 feet	4 feet	6 feet
Illumination	-	External	External	External

NOTE:
1	All wall signs on any given facade shall be considered as one collective sign provided the cumulative areas of signage does not exceed the maximum areas allowable.

(1) Additional regulations.

(a) Painted signs and works of art, including murals, shall require Architectural Review Committee review and Village Board approval. This shall include works of art and murals that do not include a commercial message.

(b) No painted sign, work of art, or mural shall be located on the primary facade of a structure.

H. Window sign. A sign which is applied or attached to the exterior or interior of a window or is installed inside of a window within 12 inches of the window through which it can be seen. This shall not include graphics in connection with a customary window display of products.

District	SFR, TVR	LCR	VCC, NCC, GC	MU-R, MU-I
Maximum number1	-	None	None	None
Maximum area	-	25% of window area	25% of window area	25% of window area
Illumination	-	-	-	-

NOTE:
1	Window signs shall not be counted towards the total allotted signage for any use or lot.

§ 250-35.17 Nonconforming signs.

A. Any sign that does not comply with this chapter is eligible for characterization as a legal nonconforming sign if the sign complied with all requirements in effect at the time it was erected.

B. Nonconforming signs must be brought into compliance with this chapter under the following conditions:

(1) The sign is altered in any way, including, but not limited to, words, logo, business name, size, design, structure, or type of illumination (except for normal maintenance).

(2) The sign is relocated or replaced.

(3) The property or business to which the sign relates changes ownership or primary use.

C. Any nonconforming sign that is removed from its position or siting and not replaced in-kind within 60 days shall be presumed to be abandoned and discontinued, and therefore may not be restored or re-erected except in compliance with this chapter.

D. No nonconforming sign may be altered in any way that would increase its nonconformity with the regulations of this chapter, including but not limited to area, height, setback, and illumination.

E. A nonconforming sign shall not be repaired, reconstructed or replaced, except in conformity with all the provisions of this chapter if it is damaged to an extent that the cost of repairing the sign to its former condition or replacing it with an equivalent sign equals or exceeds 50% of the replacement value of the sign so damaged, including labor.

F. Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of the property on which the nonconforming sign is located from complying with the provisions of this chapter regarding safety, maintenance and repair of signs. Any repainting, cleaning, or routine maintenance or repair of the sign or sign structure shall not be deemed to modify the sign in any way.