[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach 8-13-1990 as L.L. No. 3-1990. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 136.
The intent of this chapter is to promote and protect the public health,
welfare and safety of the inhabitants of the village by regulating all existing
and proposed signs to protect property values, create a more attractive economic
and business climate, enhance and protect the physical appearance of the village
and preserve the scenic and natural beauty of this community. This chapter
is further intended to reduce sign or advertising distractions and obstructions
that may contribute to traffic accidents and is intended to reduce hazards
that may be caused by overhanging signs or signs intruding upon public rights-of-way.
As used in this chapter, the following terms shall have the meanings
indicated:
Any sign which shall be attached and parallel to the exterior face
of any building or structure or part thereof and which shall project no more
than 12 inches from such face.
Any letter or graphic display located on the front or side of any
awning or canopy projecting from the face of a building or structure or part
thereof.
The lowest point of a roof or roof projection.
Any sign which shall not be attached to any building or structure
and which is self-supported by being anchored permanently to the ground.
A sign illuminated by artificial light which is composed of luminous
tubing or other artificial light devices.
A light source not attached to the sign which is used to illuminate
a sign.
Any sign located inside a building which is designed to be visible
from the outside and is not temporary in nature.
A sign which is painted or affixed on a window and is visible from
a sidewalk, street or other public place. This term shall not include graphics
used in connection with the customary window display or advertising of products
or services rendered on the premises.
Any sign which shall project more than 12 inches from the face of
any building or structure or part thereof.
Any structure or device and part thereof, including but not limited
to frames, which shall display or include any letter, word, symbol, light
model, banner, flag, pennant, insignia, device or representation used as or
which is in the nature of an announcement, direction or advertisement designed
to attract the attention of the public, including window signs visible from
the exterior, illuminated signs, billboards, signboards, painted wall signs,
projecting signs and signs painted or used to advertise or promote the interest
of any person or business. A "sign" does not include the flag, pennant or
insignia of any nation or group of nations or any state, city or other governmental
unit.
The entire area within a single continuous perimeter enclosing the
extreme limits of writing, representation, emblem or any figure or similar
character as included within the definition of a sign, together with any frame
or other material used to differentiate such sign from the background or uprights
on which the sign is placed. The total area of all faces of signs designed
to be viewed from more than one direction shall be considered as one area.
A temporary sign which is visible from a sidewalk, street or other
public place and is lettered, drawn, printed or affixed on paper or other
material and is placed on a window.
The entire glazed area of a window, including the window frame.
The regulations contained in this section shall apply to all signs in
all use districts in the village. No sign shall be erected, maintained or
altered in any district which is not in compliance with this section.
A.
Prohibitions.
(1)
An illumination or lighting device shall not be placed
so as to permit the beams and illumination therefrom to be directed or beamed
upon a public street, highway, sidewalk or adjacent premises in such manner
as to cause glare or reflection constituting a traffic hazard or nuisance.
(2)
No banner, poster, pennant, ribbon, streamer, spinner
or other similar moving, fluttering or revolving device shall be used without
a permit for purposes of advertising or attracting attention, whether part
of a sign or not.
B.
Signs permitted in all districts without a sign permit.
The following signs are permitted in any district without a sign permit:
(1)
All signs located inside an enclosed shopping center
or mall.
(2)
Signs advertising that the premises upon which the sign
is located is for sale, lease or rental, which sign shall not be illuminated
and shall not be located between the sidewalk and the street, nor nearer than
three feet from the nearest boundary of the street or any lot line. Such sign
shall not exceed six square feet in area and shall be removed within 48 hours
of the closing sale or rental of the property. Signs with two sides displayed
will have square footage limitations calculated from one side only.
(3)
One attached or standing sign not exceeding four square
feet in area which designates the name and occupation or profession of the
occupant of a building.
(4)
One temporary attached or freestanding nonilluminated
sign not exceeding 16 square feet in area which designates the name of the
architect, engineer and/or contractor of a building and is placed on premises
where construction, repair or renovation is in progress and is removed within
seven days of the completion of the repairs to said building.
(5)
Signs or bulletin boards not exceeding 18 square feet
in area customarily incident to places of worship, libraries, museums, social
clubs or societies, located on the premises of such institutions.
(6)
Two temporary freestanding signs each not exceeding six
square feet in area advertising real property for sale bearing a legend such
as "open" or "open house" at locations other than the premises which the signs
relate to, provided that such signs shall not be placed before 7:00 a.m. nor
remain after 9:00 p.m. on the date that such premises are open for inspection.
C.
Signs permitted in all districts with a sign permit.
The following signs are permitted in any district but require a sign permit
as provided in this section:
(1)
Any sign advertising a real estate development or subdivision
not exceeding 12 square feet in area and advertising only the name, owner
and real estate broker of the development.
(2)
No more than two signs per curb used solely for the purpose
of traffic control on private property. Such signs may be illuminated or nonilluminated
and shall not exceed two square feet in area and shall be placed so as not
to constitute a safety hazard.
D.
Signs permitted in nonresidential districts with a sign
permit. In the Business Zoning Districts, the following signs are permitted
but require a sign permit as provided in this section:
(1)
One freestanding sign which advertises only the name
of the owner, trade names, trademarks, products sold or the business or activity
conducted on the premises where such sign is located. Such sign shall be set
back at least four feet from the right-of-way line of a public highway or
street, and no part of said sign shall extend over a sidewalk. The sign shall
not exceed 48 square feet in area nor be more than 20 feet above the ground.
(2)
One sign not exceeding 20% of the square footage of the
front face or front portion of the building to which the sign is attached.
In the event that a sign is painted or applied to the front of a building,
the area of the sign shall include the area required to circumscribe all letters
and devices. In the event that more than one business is located in the same
building, each business may have one attached sign, but the total of signs
may not exceed 20% of the square footage of the front face of the building,
or a single projecting sign, if otherwise allowed, may not exceed an area
of 24 square feet.
(4)
Interior signs which are permanent in nature.
(5)
Window signs which are permanent in nature.
(6)
In the event that a business has a back door or secondary
entrance used by customers or for deliveries, one additional sign for identification
of the entrance. This sign must be an attached sign and may not exceed six
square feet.
E.
Temporary signs permitted.
(1)
In all districts, all temporary signs such as political
posters, banners, promotional devices and other signs of a similar nature
may be erected for a period not to exceed 30 days as long as such signs are
not placed in a position that will obstruct or impair vision or traffic or
in a manner which creates a hazard or disturbance to the health and welfare
of the general public. The Village Enforcement Officer shall be empowered
to remove any sign that falls under this category which does not meet the
requirements above stated and the cost of removal shall be borne by the owner
of the property on which the sign is placed. Such signs shall be limited in
area to 16 square feet except banners which shall be limited to 100 square
feet.
(2)
Said temporary signs such as political posters, banners,
promotional devices and other signs of similar nature calling attention to
civic activities, promotional sales and similar events shall be removed within
three days following the event or activity advertised.
(3)
An A-frame sidewalk sign may be placed in front of places
of business as long as such signs are not placed in a position that will obstruct
or impair the vision of pedestrian and vehicular traffic. Such signs shall
be limited to 16 square feet in area.
A.
General. Except as otherwise provided in this chapter,
no person shall erect any sign without first obtaining a sign permit from
the Village Clerk.
B.
Application for sign permit; indemnification.
(1)
Application for a sign permit shall be made in writing,
in duplicate, upon forms prescribed and provided by the Village Clerk and
shall contain the following information:
(a)
The name, address and telephone number of the applicant.
(b)
The 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 indicating the dimensions, shape and
the lettering and/or pictorial matter composing the sign, the position of
the 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 that
the applicant is not the owner thereof.
(e)
A copy of any required or necessary electrical permit
issued for said sign or a copy of the application thereof.
(2)
In addition, the applicant and person owning said sign
shall be required to execute a hold harmless and indemnification agreement
relieving the Village of Sylvan Beach from any and all liability which may
arise as a result of the erection of said sign and issuance of said permit.
C.
Fees to accompany application. No application for a sign
permit shall be valid unless accompanied by a nonreturnable fee in the amount
of $10.
D.
Issuance of sign permit. It shall be the duty of the
Planning Board, upon the filing of an application for a sign permit to examine
such plans, specifications and other data submitted to it with the application
and, if necessary, to examine the building or premises upon which the sign
is proposed to be erected. If it shall appear that the proposed sign is in
compliance with all the requirements of this chapter and all other laws and
ordinances, the Planning Board shall, within 15 days of said application,
issue a sign permit for the erection of the proposed sign. If the sign authorized
under any such permit has not been completed within six months from the date
of the issuance of said permit, the permit shall become null and void. There
shall be no fee for permits for permanent window and permanent interior signs.
[Amended 12-22-1997 by L.L. No. 4-1997; 4-28-1998
by L.L. No. 2-1998]
E.
Required maintenance of signs. Notwithstanding any provisions
to the contrary contained herein, all signs must be kept clean, neatly painted
and free from all hazards, including but not limited to faulty wiring and
loose fastenings, and must be maintained at all times in such same condition
so as not to be detrimental to the public health or safety.
F.
Revocation of sign permit. In the event of a violation
of any provisions of this chapter, the Enforcement Officer shall give written
notice to conform or remove such sign specifying therein the violation. Such
notice shall be sent to the named owner of the sign and the named owner of
the land upon which the sign is erected at the addresses stated in the application
for the sign permit. The owner of said sign and/or the land where the sign
is located shall thereupon conform the sign to the provisions of this chapter
or remove said sign within 30 days from the date of said notice or the Enforcement
Officer shall revoke the sign permit and such sign shall be ordered to be
removed. The applicant, owner of said sign or owner of the real property upon
which said sign is erected shall be responsible for the costs of said removal.
A.
Obsolete signs. Any sign existing on or after the effective
date of this chapter which no longer advertises an existing business shall
be removed by the owner of the premises upon which the sign is located after
written notice as provided herein. The Enforcement Officer, upon determining
that any such sign exists, shall notify the owner of the premises, in writing,
to remove said sign within 30 days from the date of such notice. Upon failure
to comply with such notice within the prescribed time, the Village Board is
hereby authorized to remove or cause removal of such sign and shall assess
all costs and expenses incurred in the removal against the owner of the land
or building on which such sign is located.
B.
Unsafe signs. If the Enforcement Officer shall find that
any sign regulated by this chapter is unsafe or is a menace to the public,
he shall give written notice to the named owner of the sign and the named
owner of the land upon which the sign is erected who shall remove or repair
the sign within five days from the date of this notice. If the sign is not
removed or repaired, the Enforcement Officer may remove or repair the sign
and the Village Board shall assess all costs and expenses incurred
in the removal or repair against the owner of the land, the owner of the building
or the owner of the business on which such sign was located. The Enforcement
Officer may cause any sign which is a source of immediate peril to persons
or property to be removed summarily and without notice.
Nonconforming signs. Any permanent sign in use of a type not permitted
by this chapter at the time of its adoption shall be a nonconforming sign.
A nonconforming sign shall not be altered in any manner except that relettering,
repair, painting or decorating of such signs shall be permitted. Any sign
once removed for purposes other than relettering, repair, painting or decorating
shall be deemed permanently removed and may be replaced only in accordance
with the provisions of this chapter.
The Planning Board may, by resolution, propose further amendments to
these regulations to the Village Board. Within 30 days from the time such
resolution is filed with the Village Clerk, it shall be the duty of the Board
to vote on such proposed amendment.
Any person violating any provision of this chapter shall be liable,
upon conviction, to a fine not exceeding $250 for such offense. Each day that
a violation continues after notice of the existence of such violation is given
shall constitute a separate offense. Persons found to be in violation of the
provisions of this chapter shall also be liable for damages, including the
legal and other costs and fees resulting from or attendant to any civil actions
or proceedings which may be instituted by the village, in addition to the
costs and fees incurred by the village and/or its officers, employees, servants
and agents in removing or altering signs found to be in violation hereof.
Prior to any action being commenced pursuant to the provisions of this chapter,
the Enforcement Officer shall serve a notice to remedy upon the person violating
the provisions of this chapter by certified mail.
Any person feeling aggrieved by a decision of the Enforcement Officer
may appeal to the Village of Sylvan Beach Zoning Board of Appeals for a variance
from such ruling by filing a written notice of appeal within 15 days of receiving
notice of the Enforcement Officer's decision and/or notice of remedy.
The Zoning Board of Appeals will grant a variance based only on a determination
of practical difficulty or unnecessary hardship demonstrated by the applicant.
