[HISTORY: Adopted by the Board of Trustees of the Village
of Cooperstown 11-26-2012 by L.L. No. 8-2012. Amendments noted where
applicable.]
A.
Purpose. The purpose of this chapter is to establish rules for the
use of outdoor signs and certain other signs that balance the communication
needs of businesses, not-for-profit organizations and Village residents
with the public's overall interest in maintaining the Village's historic
character, aesthetic appeal and safe streets and sidewalks.
B.
Intent.
(1)
It is the intent of this chapter to authorize signs that:
(a)
Protect and enhance the Village's historic structures, streetscapes,
neighborhoods and scenic views, which represent distinctive elements
of Cooperstown's historic, architectural and cultural heritage, the
Village's sense of place, and its unique character;
(b)
Are compatible in scale, color and design to the buildings to
which they are attached or the property on which they are located
and the neighborhood;
(c)
Minimize distractions and the adverse effects of visual clutter;
(d)
Promote the health, safety and general welfare of the Village;
(e)
Are designed, constructed and displayed in a manner that is
not hazardous to pedestrians, motorists or adjacent neighbors;
(f)
Follow clear and reasonable standards for design and display,
lighting and maintenance; and
(g)
Assist and support Village merchants and others in their communications
and advertising to their customers.
(2)
It is the further intent of this chapter to permit nonconforming
signs to continue until they are removed or discontinued but not to
encourage their survival.
A.
Interpretation. The words and phrases contained in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in Chapter 300, Zoning, § 300-84, of the Village Code shall be given the meaning set forth in that chapter. All other words and phrases shall be given their common, ordinary meaning, except where the context clearly requires otherwise.
B.
ADJACENT PARCELS
BANNER
COMPATIBLE
DEVICE
EVENT, SPECIAL
FIXED-LOCATION ESTABLISHMENT
ILLUMINATION, EXTERNAL
ILLUMINATION, INTERNAL
LIGHTING DEVICE
NOT-FOR-PROFIT ORGANIZATION
SIGN
SIGN, AWNING
SIGN, BACKLIGHTED
SIGN, BUILDING DIRECTORY
SIGN, CANOPY
SIGN, EXEMPT
SIGN FACE
SIGN, FLAG
SIGN, FREESTANDING
SIGN, HISTORIC WALL
SIGN, MARQUEE
SIGN, MONUMENT
SIGN, NONCOMMERCIAL
SIGN, PERMANENT
SIGN, PORTABLE
SIGN, PROHIBITED
SIGN, PROJECTING
SIGN, RESTAURANT MENU
SIGN, SANDWICH BOARD
SIGN, STATIC LED
SIGN, SUBDIVISION
SIGN, SUSPENDED
SIGN, TEMPORARY
SIGN, WALL
STREET LINE
TOTAL BUILDING SIGNAGE PLAN
WALL SIGN AREA
Definitions. As used in this chapter, the following terms shall have
the meanings indicated in this subsection:
Any parcel that abuts or is contiguous with the project site,
including parcels across a street, rail line, a right-of-way or a
river/stream.
[Added 4-22-2013 by L.L.
No. 9-2013]
A sign of lightweight fabric or similar material that is
mounted to a pole, building or structure at one or more edges. National
flags, state or municipal flags, or other official flags of any institution
or not-for-profit organization, and residential or "OPEN" flags shall
not be considered banners.
A term used to describe signs, architectural styles, colors,
materials, lighting and designs that can exist in close proximity
without affecting each other detrimentally.
Any object used to communicate or enhance a visual message,
for example, a lighting fixture or sign bracket (support).[1]
Any occasion approved by the Village of Cooperstown Board
of Trustees, including, but not limited to, a fair, concert, festival,
or ceremony for which special event vending provisions are in place.
[Amended 5-26-2015 by L.L. No. 10-2015]
Any real property or portion thereof from which one or more services or one or more articles of merchandise are sold, or one or more not-for-profit organizations operates. Restaurants and other businesses in which light manufacturing or processing are incidental to the sale of goods or services on the same premises are included in this definition. Home occupations and exterior lots for the display and sale of vehicles, heavy equipment, or manufactured housing are excluded from this definition. Vendors permitted under Chapter 276 and vending, peddling and soliciting permitted under Chapter 277 are also excluded from this definition.
[Added 8-8-2017 by L.L. No. 12-2017]
A condition in which the sign is lighted by reflective light
from a source external to the sign itself.
A condition in which the lighting source is behind the letters
being viewed or in which the letters or symbols are composed of light
bulbs, LEDs or lighting tubes.
Any light, string or group of lights located or arranged
so as to illuminate a sign or attract the attention of the public.
Any organization, including all 501(c)(3) organizations,[2] operated exclusively for charitable, educational, scientific,
literary and/or religious purposes. The organization's assets must
be permanently dedicated to these purposes, and earnings may not inure
to any private shareholder, member or individual. In addition, it
may not be an action organization, i.e., it may not attempt to influence
legislation as a substantial part of its activities and it may not
participate in any campaign activity for or against political candidates.
An individual does not qualify as an organization.
Any display in public view used to draw attention to, identify,
communicate, advertise or promote such things as organizations, businesses,
products and services, events, candidates, personal opinions or municipal
information.
A sign affixed to the front vertical surface of an awning;
defined as a "wall sign."
A lighted sign whose lighting source is behind the letters,
and where the letters do not transmit any light, but all illumination
comes around the dark letters by means of a translucent material.
Any sign consisting of an arrangement of individual placards
identifying the names, offices or businesses located in a building.
A sign affixed to the front vertical surface of a canopy;
defined as a "wall sign."
A sign that does not require an application, approval, permit
or fee, provided the sign complies with general condition(s), if imposed.
The visible surface of a sign, including the board to which the letters are attached but not any supporting posts, hangers, etc. For letters attached directly to a building surface, see § 227-5B(2).
Any flexible material, usually cloth, upon which a design,
letters, symbols or unadorned material is displayed. Often mounted
to a staff at two points, flag signs may be displayed hanging against
the face of a building, suspended from an overhanging support, as
a freestanding sign, or as a projecting sign.
A sign placed on the ground or supported by one or more uprights
or supports placed in or upon the ground, but not attached to a building
or structure.
A sign which has been in existence at its present location
for 50 years or more and which constitutes a part of the historic
heritage of the Village may be considered a historic wall sign only
so long as its text, colors and graphics layout is not altered and
it is preserved intact.
A sign attached in any manner to, or made part of, a marquee;
defined as a "wall sign."
A freestanding sign usually composed of stone or stone products,
placed directly on the ground and used for a variety of purposes,
including subdivision identity, on-site directional, building identification,
etc.
A sign that does not advertise, promote or suggest a commercial
establishment, product or service.
A sign located in a fixed location for longer than 30 days.
A sign which is not permanent and not affixed to a building,
a structure or the ground, such as, but not limited to, a sign designed
to be transported by means of wheels, with the exception of a sign
attached to or painted on a vehicle and used in the normal day-to-day
operation of said vehicle or in an authorized Village parade; a sign
attached to or painted on a vehicle parked and visible from the public
right-of-way; an A-frame or sandwich board sign; and balloons used
as signs.
A sign that is not permitted in the Village of Cooperstown.
A sign mounted perpendicular to the face of a building.
A sign, displayed as a wall or freestanding sign, upon which
is posted the menu of a restaurant.
A freestanding portable sign composed of two panels set up
in a triangle shape, hinged along the top, to form an inverted V.
[Added 8-8-2017 by L.L. No. 12-2017]
A sign composed of a number of LED lights mounted in a pattern
so as to produce words or a design, but where the LED bulbs do not
blink, change color or vary in intensity when in operation.
A sign used to identify the name of a residential subdivision.
A sign suspended from the underside of a horizontal plane
surface and supported by such surface; defined as a "wall sign."
A sign usually displayed for 30 days or less. Due to the
nature of the message, some types of temporary signs may exceed this
time frame, for instance, point-of-view signs and political signs.
A sign attached to the exterior wall of a structure in a
manner such that the sign face and the wall of the building are parallel.
The outer public right-of-way line of a public street or
alley.
A master sign plan for all offices and businesses on the
tax parcel, describing sign locations, colors and sign sizes for present
and future occupants submitted by the owner of the tax parcel.
Equals the total area of all types of wall signage displayed
on a single facade.
C.
Zoning definitions: The following terms, as used in this chapter, are defined in § 300-84, Zoning (Definitions): arrangement; awning; canopy; compatibility; construction; eave; elements historic and/or architectural; erected; facade; harmony; home occupation; landscape; maintenance and repair; memorial; neighborhood; nonconforming structure; nonconforming use; parcel; person; property; reasonable; structure; subdivision; Village Board of Trustees; Village Planning Board; Village Zoning Enforcement Officer (ZEO); yard.
A.
Signs allowed with a permit — Business/Commercial
Districts.
(1)
General. Each tax parcel is entitled to an arrangement of wall signs.
In addition, each tax parcel is permitted one projecting sign for
each functional entrance to a first-floor business or basement-level
business on the parcel or one freestanding sign for the entire parcel,
but not both projecting sign(s) and a freestanding sign.
(2)
Wall signs: See Figure 1.[1]
(a)
Front facade. For all buildings on a tax parcel:
[1]
A wall sign area of 40 square feet is permitted for buildings
having frontage of up to 80 feet.
[2]
An additional one square foot of wall sign area is permitted
per foot of building frontage over 80 feet up to a maximum of 80 square
feet of wall sign area for buildings with frontage of 120 feet or
more. (Example: For a one-hundred-foot frontage, 60 square feet of
wall sign area is allowed.)
(b)
Second (side) facade. For all buildings on a tax parcel located
on the corner of two Village streets or on the corner of a Village
street and a public alley or lane:
[1]
A wall sign area of 20 square feet is permitted on the second
facade for buildings with a side facade width of up to 80 feet.
[2]
An additional 0.5 square foot of wall sign area is permitted
per foot of side facade width over 80 feet up to a maximum of 40 square
feet of wall sign area for buildings with a side facade width of 120
feet or more. (Example: For a one-hundred-foot side facade, 30 square
feet of wall sign area is allowed.)
(c)
Rear facade. For all buildings on a tax parcel having a rear
facade entrance for customers, a total of 20 square feet of wall sign
area is permitted.
(d)
Business identity sign. Rear or side exits/entrances other than
for customer use, including delivery doors, apartment doors and transient
rental entrances, located on sides adjacent to the front facade or
on the rear facade, or both, may be identified by a business identity
sign, subject to the following:
[Amended 1-18-2018 by L.L. No. 1-2018]
(e)
Building directory sign.
[1]
Offices and businesses above or below the first floor may be
identified by the use of a name placard located near the first-floor
entrance.
[2]
Each placard will be no greater than one square foot in area
and similar in size, color and font to each other.
[3]
All placards will be presented as a grouping, with the location
of the grouping approved by the Planning Board.
[4]
Upper-floor and basement-level office and business identification
placards are not considered as part of the total wall signage area.
(f)
Limits on the wall sign area established in Subsection A(2)(a), (b) and (c) above shall take into account the area of all wall signs on the tax parcel, including restaurant menu, awning/canopy, suspended and marquee signs. (See Figure 2, Suspended Signs.[2])
[2]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
[1]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
(3)
Projecting signs: See Figure 3.[3]
(a)
One projecting sign is permitted for each functional entrance
to a first-floor business or any business located below the first
floor on tax parcels not having a freestanding sign.
(b)
Maximum dimensions: area, 12 square feet; height, four feet;
width, three feet.
(c)
Maximum extension: no more than 39 inches from the facade unless
hung from existing historical hardware.
[3]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
(4)
Freestanding signs.
(a)
One freestanding sign is permitted for each tax parcel, even
in cases where there is more than one building on the tax parcel.
(b)
Allowable sign area and height:
[1]
Post-type signs: maximum area, 24 square feet; maximum height,
14 feet above the ground beneath the sign. (See Figure 4.[4])
[4]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
[2]
Building directory signs: maximum height, seven feet; maximum
width, 36 inches; placard size, six inches by 24 inches. (See Figure
5.[5])
[5]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
[3]
Monument signs: maximum height, five feet including cornice;
maximum area, 24 square feet. (See Figure 6.[6])
[6]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
(c)
All parts of a freestanding sign must be four feet back from
the curb where no sidewalk exists or one foot back from any existing
sidewalk.
B.
Signs allowed with a permit — residential districts.
(1)
Signs for uses allowed by special permit.
(a)
Offices and studios located in a residential district:
[1]
Signs shall not exceed two square feet per office or studio.
[2]
If more than one office or studio is located within the residential
structure, each sign shall be similar in size, shape, color and font
and shall be mounted or hung one below the other.
[3]
The total area for all signs for the building shall be limited
to four square feet.
(b)
Home occupations within a residential structure or within a
structure accessory to a residential structure are allowed one sign,
not to exceed three square feet.
(d)
For tax parcels where the use is permitted by special permit under Chapter 300, Zoning, §§ 300-10 through 300-15, and where the principal use of the tax parcel is not residential in character:
[1]
The provisions of this Sign Law, as stated in § 227-3A (Signs allowed with a permit — Business/Commercial Districts), may be used. Examples include, but are not limited to, hospitals, churches, schools, hotels, museums, etc.
[2]
One externally lighted, changeable copy, freestanding sign,
not to exceed 24 square feet in area, is allowed by permit.
(e)
Signs identifying special permit uses in residential districts, as described in Subsection B(1)(a) through (d) above, shall be at least 10 feet from the street line. However, should the building facade be less than 10 feet from the street line, freestanding signs within the ten-foot setback or wall signs will be permitted.
C.
Table 1: Signs allowed with a permit, a summary of § 227-3A and B.
[Amended 1-18-2018 by L.L. No. 1-2018]
KEY:
| ||
---|---|---|
Y
|
=
|
Allowed with sign permit
|
Y(sp)
|
=
|
Allowed with sign permit, upon issuance of special use permit
by ZBA, Trustees/Planning Board
|
N
|
=
|
Not permitted
|
Signs Allowed With Permit
| ||||
---|---|---|---|---|
Zoning District
| ||||
Sign Type
|
Residential
|
Business
|
Commercial
|
Chapter Section Reference
|
Total building sign plan
|
Optional
|
Optional
| ||
Wall
|
Y(sp)
|
Y
|
Y
| |
Projecting
|
Y(sp)
|
Y
|
Y
| |
Freestanding (post)
|
Y(sp)
|
Y
|
Y
| |
Freestanding (monument)
|
Y
|
Y
|
Y
| |
Building directory (freestanding, projected, wall)
|
Y(sp)
|
Y
|
Y
| |
Business placard holder
|
N
|
Y
|
Y
| |
Awning, canopy, marquee
|
N
|
Y
|
Y
| |
Restaurant menu
|
Y(sp)
|
Y
|
Y
| |
Suspended (wall or projected)
|
Y(sp)
|
Y
|
Y
| |
Changeable copy
|
Y(sp)
|
Y
|
Y
| |
Commercial planned development park
|
N
|
Y(sp)
|
Y(sp)
|
§ 227-3A(4); site development plan objects
|
Sign illumination
|
Y(sp)
|
Y
|
Y
| |
Office/studio in residential structure
|
Y(sp)
|
Y
|
Y
| |
Transient rental
|
Y(sp)
|
Y(sp)
|
Y(sp)
| |
Home occupation
|
Y(sp)
|
N
|
Y(sp)
| |
Accessory apartment
|
Y(sp)
|
N
|
Y(sp)
| |
Use in residential district not residential in character
|
Y(sp)
|
N
|
N
| |
Subdivision identity
|
Y
|
N
|
N
|
A.
General. No sign, except for certain exempt and temporary signs as
provided for by this chapter, shall be erected, moved, altered, added
to or structurally changed without a permit issued by the Zoning Enforcement
Officer (ZEO). A conforming or permitted sign to be repainted or repaired
to the exact duplication of the original sign shall not require a
permit. The ZEO shall issue a permit only if it complies with the
following provisions and has been approved by the Village Planning
Board.
B.
Total building signage plan.
(1)
The owner of a tax parcel containing multiple businesses on the same tax parcel may submit a total building signage plan for all businesses on the tax parcel by following the permit procedure described in Subsection C following.
(2)
The plan will describe the location, size and sign type of each sign
for each business located within the structure(s) on the tax parcel
and provide corresponding elevation drawings or detailed photos of
all sides of the structure(s) on which there is signage.
(3)
Once the Planning Board reviews and approves the plan, future occupants
need only to follow the approved plan for their individual business
locations, including background sign color(s), letter color(s) and
font sizes.
C.
Permit procedure.
(1)
The applicant shall submit an application for a sign permit, along
with the required fee, to the ZEO. If the applicant is not the owner
of the tax parcel where the sign is to be located, the owner or owner's
agent shall cosign the application.
(2)
The application shall be accompanied by two copies of the proposed
sign plan and shall include:
(a)
A colored scaled drawing, showing the dimensions of the proposed
sign, its shape, coloring, type of lettering (font type), sign material,
any architectural details attached to the sign board (frame, etc.),
and if a projecting or freestanding sign, the height of the lowest
portion of the sign above grade.
(b)
Recent color photograph(s) of the property where the sign is
to be located that clearly show to scale where the sign is to be placed
and other existing signage that will remain on the property and on
adjacent buildings.
(d)
A plan for anchoring the sign securely in place.
(e)
Any other information as may lawfully be required by the ZEO
to enforce this chapter.
(3)
The ZEO shall verify that the application and the plan are complete
and, within 21 days of receiving a completed application, submit the
application to the Planning Board for review.
(4)
The Planning Board shall be required to accept from the ZEO only
those applications received five or more business days prior to any
scheduled meeting. The Board shall review the application for a permit
by considering the following:
(5)
The Planning Board shall report its decision to the applicant as
soon as practicable.
(a)
If the application is approved, the Planning Board shall authorize
the ZEO to issue a permit. After marking both copies of the plans
"approved," the ZEO shall return one copy to the applicant.
(b)
If the application is rejected, it shall be so noted on the
application, and the Board shall report the reason for such a decision
to the applicant.
[1]
The Board may include, as part of its report, suggested changes
that could lead to permit approval. Such suggested changes shall be
noted on the one copy of the original plans returned to the applicant.
[2]
One copy of the rejected plans shall be placed in the Village
zoning file along with the Planning Board's suggested changes.
A.
Design standards, general. The following guidelines are provided to encourage and direct applicants to use compatible graphic designs, materials, colors, illumination devices and placement schemes when developing their signage plans. In general, sign design shall be consistent with the purpose and intent of this chapter and the criteria established by § 300-26B and E (criteria for approval for a certificate of appropriateness).
(1)
Signs should be designed to be compatible with their surroundings
and should be appropriate to the architectural character of the buildings
on which they are located.
(2)
Sign panels and graphics should relate to and not cover architectural
features or details of the building and should be in proportion to
them.
(3)
Signs should be appropriate to the types of activities they represent.
(4)
Sign layout should be orderly and graphics concise; for clarity,
no more than two fonts should be used on any one sign or group of
signs displaying the same information.
(5)
The number of colors used should be the minimum consistent with the
design.
(6)
Illumination should be appropriate to the character of the sign and its surroundings and shall be in accordance with the illumination standards (see Subsection H below).
(7)
The texture and composition of sign materials should be compatible
with the building materials used on the premises.
(8)
Groups of related signs or multiple signs located on the same premises
should express uniformity and create a sense of harmonious appearance.
B.
Computation of sign area: See Figure 8.[1]
(1)
The area of a sign shall be computed as the area of the smallest
rectangle that can be placed around the sign face. The area shall
be measured from the outer dimension of the frame, trim or molding
by which the sign is enclosed, where they exist, or from the outer
edge of the signboard where they do not exist.
(2)
When a sign consists of individual letters, symbols or characters
attached directly to the building face, its area shall be computed
as the area of the smallest rectangle that encloses all of the letters,
symbols or characters, collectively.
(3)
When a sign consists of two or more faces, as with some freestanding
and projecting signs, only one face of the sign shall be used in computing
the sign area if the faces are parallel to and within 12 inches of
each other. Otherwise, all faces of the sign shall be used to compute
the sign area.
[1]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
C.
Wall sign standards.
(1)
All wall signs shall be located on the front facade of the building
except as permitted by this chapter.
(2)
No wall sign shall extend beyond the outer edge of any wall or the
building to which it is attached.
(3)
No wall sign shall extend above the eaves of the building to which
it is attached.
(4)
No wall sign of a first-floor business, office, etc., shall extend
above the level of the floor of the second story of the building upon
which the sign is attached.
(5)
A wall sign shall be parallel to the wall to which it is attached
and shall not project more than 12 inches therefrom.
D.
Freestanding sign standards.
(1)
The total height of the sign shall be measured from the average ground
elevation under the sign (when not mounded) to the top portion of
the sign frame. (See Figure 10.[2])
[2]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
(2)
The slope of the topmost portion of a freestanding sign (pediment)
shall not exceed a 6:12 pitch.
(3)
The bottom edge of a post-type freestanding sign shall be at least
eight feet above the ground beneath the sign face when the sign face
is above a walkway, right-of-way, street, alley or an area where persons
congregate.
(4)
No part of any freestanding sign shall be greater than four feet
above the average ground level in a front or side yard in any residential
district.
E.
Projecting, marquee, awning and canopy sign standards:
(1)
The bottom edge of a projecting, marquee, awning or canopy sign shall
be at least eight feet above the ground elevation beneath the sign,
awning or canopy, if the space beneath the sign is used as a walkway,
driveway, alley or area where persons congregate or where it would
impair visibility.
(2)
A marquee sign may include lettering on three sides of the marquee.
(3)
A canopy or awning may contain lettering, numerals or symbols on
the front vertical surface, provided the height of the lettering,
etc., covers no more than 3/4 of the vertical surface, with the lettering
centered evenly between the top and bottom edges of the vertical face.
The top and bottom 1/8 of the vertical surface will remain free of
lettering, etc. (See Figure 7.[3])
[3]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
(4)
Canopy signs and awning signs are not permitted above the first floor
of a structure.
F.
Building directory sign standards.
(1)
All building directory signs, be they wall, projecting or freestanding
signs (post type), shall have placards no greater than one square
foot in area. Post-type, freestanding building directory signs shall
have a placard size of six inches by 24 inches.
(2)
All building placards shall be similar in size, compatible in color
and font with each other, and presented as a grouping.
G.
Sign maintenance standards (for permitted or exempt signs).
(1)
The owner of a sign and the owner of the premises (tax parcel) on
which such sign is located shall be jointly and individually liable
to maintain such sign, including its illumination sources, in a neat
and orderly condition and in good working order at all times and to
prevent the development of any rust, corrosion, rotting or other deterioration
in a sign's physical appearance that may affect its safety.
(2)
Unsafe, unsightly, damaged or deteriorated signs or signs in danger
of falling shall be put in order or removed upon written notice by
the ZEO. Immediate compliance is expected for the repair or removal
of unsafe signs. If compliance is not achieved within the time period
specified by such notice, the sign shall be repaired or removed by
the Village and the costs assessed to the property owner.
(3)
Temporary signs that are unsightly, damaged or deteriorated, or in
danger of falling or becoming dislodged and/or windblown shall be
put in order or removed upon written notice by the ZEO. Immediate
compliance is expected for the repair or removal of unsafe temporary
signs. If compliance is not achieved, the sign shall be removed by
the Village.
H.
Sign illumination standards.
(1)
The area, brilliance, intensity, location and type of illumination
shall be the minimum necessary for the intended purpose of such illumination,
consistent with public safety, the welfare of adjacent properties,
and the safety of pedestrian and vehicular traffic.
(2)
All sources of illumination shall be shielded or directed in such
a manner that the direct rays therefrom are not cast upon any property
other than the parcel on which such illumination is situated.
(3)
All sign lighting devices shall emit only light of constant intensity.
(4)
All bare incandescent and fluorescent light sources and immediately
adjacent reflecting surfaces shall be shielded from public view.
(5)
The period of time of illumination shall be the minimum necessary
for the intended purpose of such illumination, consistent with public
safety and welfare. Illuminated signs must be turned off at the close
of business each day. All illuminated signs extinguished as above
shall remain extinguished until the next regular posted opening hour
of business in connection with which such sign is maintained.
(6)
Exterior signs shall be illuminated with white light from a source
external to the sign.
(7)
Neon and other gas-type illumination and static LED illumination
shall be permitted behind a window area as an internally lighted window
sign, provided that such lighting is transmitted through the letters
or symbols of the sign, and further provided that such letters or
symbols are designed for and integrated into the face of the sign
prior to its erection and are not glued, pinned or otherwise affixed
to the face of the sign.
(8)
Lighted sign boxes faced with clear glass may contain a light source
inside of the box, provided that the light source is mounted forward
of the message board and the light source is screened by a translucent
shield.
(9)
The Planning Board may retain the services of a lighting consultant
in accordance with Board of Trustees policy. However, the Planning
Board will make the final decision regarding all external illumination
questions (i.e., intensity, glare, etc.).
A.
Exempt signs. The following signs do not require an application,
approval, permits or fees, provided such signs comply with the general
conditions of this section, as stated below, and other conditions
specifically imposed by these regulations.
(1)
Historic markers, tablets, statues, memorial signs and plaques, not
exceeding six square feet.
(2)
Existing historic wall signs. Includes signs identifying proprietors
or advertising commodities or services no longer connected with the
premises on which such signs are located.
(4)
Building identification signs incorporated within the facade of a
structure. Names of buildings and dates of erection when cut into
any masonry surface or when constructed of bronze, stainless steel,
or similar material not exceeding four square feet in area.
(5)
House and building numbers.
(a)
For structures in residential districts, a sign identifying
only the street name, number and/or nameplate that identifies residents,
not exceeding one square foot when mounted on the house, apartment
or mailbox.
(b)
For structures in nonresidential districts, a sign identifying
only the street name and number, not exceeding two square feet when
mounted on the building or not exceeding one square foot when mounted
on a sign or mailbox.
(6)
Flags, etc.
(a)
National flags and flags bearing the insignia of any political,
charitable, educational, professional, religious, philanthropic or
similar not-for-profit organization, except when displayed in connection
with a commercial promotion.
(c)
U.S. flag(s) less than one square foot in area.
(d)
Red, white and blue bunting.
(8)
Nonilluminated warning, caution, private drive, posted or no-trespassing
signs, not to exceed 1.5 square feet per sign face.
(9)
OPEN and CLOSED signs.
(a)
In the Business and Commercial Districts or in residential districts
in which a business is operating as a preexisting, nonconforming use:
[1]
Signs, not internally lit, may be displayed in windows, beneath
freestanding signs, as projecting signs or as wall signs.
[a]
One is exempt per functional entrance.
[b]
Signs shall not exceed two square feet in area.
[c]
The exemption for OPEN and CLOSED signs in windows is subject to the overall limitation on window signage in Subsection A(19)(c)[1] and [2] below.
(10)
Municipal directional signs, legal notices and identification/informational
signs erected by a government body.
(11)
Analog clocks which do not exceed seven feet in diameter.
(12)
Removable lettering on theater marquees, restaurant menu boards,
and freestanding signs of not-for-profits, e.g., churches.
(14)
Vending machine signs located on private property.
(15)
Public telephone identification signs.
(16)
Barber poles: one traditional revolving sign per shop, illuminated
or otherwise.
(17)
Holiday and other seasonal decorations, including temporary
lighting devices, flower boxes, lawn and garden decorations.
(18)
(19)
Window signs (exterior or interior), window display areas, internally
illuminated (neon) window signs as described below.
(a)
In addition to the wall sign area allowed by permit under § 227-3A(2), signs on storefront windows and glass doors in the Business and Commercial Districts are exempt from any application, approval or permit requirements.
A guideline of 25% is suggested as the maximum storefront window
area covered by both permanent (greater than 30 days) and temporary
(less than 30 days) signs applied to the exterior and interior glass
surface of first-floor storefront windows, and first-floor storefront
windows facing a second (side) street.
|
(b)
Window display areas (to the rear of the storefront glass) are
exempt from any sign regulation.
(c)
Internally illuminated, neon, neon-like, static LED signs.
[1]
Signs within five feet of the window glass.
[a]
Two signs are exempt as long as they meet all the conditions stated in Subsection A(19)(d)[4] below and comply with the purpose and intent of the chapter.
[b]
The limitation of two signs includes any OPEN signs.
[2]
Signs greater than five feet from the interior storefront glass
are exempt.
(d)
Conditions:
[1]
Signage placed on the exterior surface of the storefront window
glass shall be permanent and not subject to peeling and tearing. (Tempera
paints are allowed during special event periods.)
[Amended 5-26-2015 by L.L. No. 10-2015]
[2]
Signage affixed to the interior surface of the storefront window
glass may be either permanent or temporary.
[3]
The use of holiday or special event decorations shall not be
considered part of the twenty-five-percent guideline, and any such
decorations shall be removed following the specific event for which
they were displayed.
[Amended 5-26-2015 by L.L. No. 10-2015]
B.
Temporary signs allowed without a permit.
(1)
General requirements.
(c)
Signs are not permitted on public property, except as provided for in Subsection B(2)(a)[6], (c) and (d).
(d)
Signs are not permitted in the median between the sidewalk and
the curb, nor attached to trees, bushes, support wires, street/municipal
signs or utility poles located within the median.
(e)
Signs are not permitted as wall signs on buildings, except as
provided for in the substitution clause of this chapter.[2]
[2]
Editor's Note: See § 227-6D(3)(b).
(f)
Signs are to be removed at the conclusion of the event for which
the signs were erected, or following the resolution of the "personal"
view issue, as determined by the erector of the sign.
(g)
No sign shall be independently illuminated.
(h)
On parcels in residential districts where the use is preexisting,
nonconforming or by special permit, a temporary sign may display a
commercial message for a business located on the property. (Businesses
doing work on properties in any district may display a temporary business
identification sign while work is in progress.)
(2)
All districts.
(a)
Freestanding signs.
[1]
Examples of noncommercial topics (events, issues, point of view),
often the subject of temporary signs, might include, but are not limited
to, the following:
[2]
For each parcel, individuals may display as many temporary signs
as they wish, provided that no two signs, when viewed from a single
point, are identical; that is, look exactly the same in message, design
and color. Each sign may be single- or double-sided and have a maximum
area of six square feet per side and may not exceed 48 inches from
the ground.
[3]
Signs shall be securely anchored on private property and located
in a manner that will not interfere or block the vision of pedestrians
and motorists as they use the public sidewalks and streets.
[4]
Where the property does not provide a location for a double-sided
sign perpendicular to the street, it may be placed parallel to a building's
facade or fence with the total visible area of the signage not to
exceed six square feet for each event or issue.
[5]
A sign may be used to describe the location and date of a noncommercial
event at a location other than where the sign is erected, provided
that the parcel owner has granted permission to the person erecting
the temporary sign.
[6]
With the permission of the Board of Trustees, not-for-profit organizations may use select public sites to display temporary signs as described in Subsection B(2)(a)[2] and [4] above.
(b)
Banners: Not-for-profit organizations may erect banners attached
to the ground or to a building.
[1]
Banners not attached to a building:
[a]
Organizations shall be permitted to display a temporary
banner(s) with wind flaps or a suitable substitute having a total
maximum area of 30 square feet on their property for the purpose of
announcing a special event or to express a point of view.
[b]
The banner shall be securely anchored in a safe
manner and location that will not interfere with the vision of those
using the sidewalks and streets adjacent to the property.
[c]
The banner shall be removed at the conclusion of
the special event for which the banner was erected.
[2]
Banners attached to buildings:
[a]
Organizations shall be permitted to hang a banner(s)
with wind flaps or a suitable substitute material having a total maximum
area of 60 square feet.
[b]
The banner shall be positioned no less than eight
feet above the surface of the ground if the area under the banner
is used as a walkway, driveway or a place where people assemble.
[c]
Building banners may remain in place until the
conclusion of the event for which they were erected, at which time
they will be promptly removed.
(c)
Signs displayed on public/private property for vending purposes.
The Village Board of Trustees allows temporary vending signs to be
displayed on public/private property in specific situations, such
as special events, not-for-profit fairs, and the outdoor display of
merchandise, etc. For further details, refer to Local Law No. 5-2015.[3]
[Amended 5-26-2015 by L.L. No. 10-2015]
[3]
Editor’s Note: See Ch. 276, Vending.
(d)
Signs displayed on public property.
[1]
Directional signs. The Board of Trustees may permit limited
temporary directional signs within the public right-of-way by not-for-profit
organizations for community activities and major attractions in or
near the Village of Cooperstown with the approval of the ZEO in consultation
with the Chief of Police and the Director of Public Works.
[2]
Signs as part of a lease:
[a]
The Board of Trustees may also permit the use of
public property, including the installation of temporary exterior
signage, through a contract or lease with the Village of Cooperstown.
[b]
The location of such public sites include, but
are not limited to, the Village trolleys, Doubleday Field and parking
lot, and all public parks and playgrounds.
[c]
Individuals and organizations interested in leasing
public space for the purpose of conducting an event, including the
display of signage, should contact the Village Clerk.
[3]
Main Street banner.
[a]
One banner displayed over Main Street may be permitted
by the Board of Trustees for a period of on to two weeks, upon proof
of insurance and contingent upon available display dates.
[b]
The banner is only available to not-for-profit
organizations whose activities center in and whose headquarters are
located in the Village of Cooperstown or the Towns of Otsego, Middlefield,
Springfield or Hartwick. Only not-for-profit sponsors may be listed
on the banner.
[c]
The organization sponsoring the banner is responsible
for any charges associated with erecting and removing the banner.
[d]
Application for the display date and instructions
are available from the Village Clerk.
(3)
Buildings under new construction and/or renovation.
(a)
Under construction.
(b)
Under renovation and in commercial use.
[1]
One wall sign or one freestanding sign, but not both, not to
exceed 12 square feet in area, is allowed for each building undergoing
facade renovation or while waiting for an approved sign to be constructed,
not to exceed 60 days, with an additional 30 days to be extended by
the ZEO, if needed.
[2]
Such signage will identify the name of the business on the premises
whose permanent sign has been displaced.
(4)
Temporary signs for nonconforming properties and special use permit
properties.
(a)
Nonconforming properties:
[1]
All nonconforming uses will comply with the temporary sign requirements
associated with the present (nonconforming) use of the property. The
restriction of additional signage will have no effect on temporary
signs allowed.
[2]
Noncomplying uses will comply with the temporary sign requirements
associated with the zoning district in which the parcel is located.
(b)
Special permit uses. All uses granted by a special permit under
the Zoning Law will comply with the temporary sign requirements of
the zoning district in which the special permit was granted, unless
otherwise provided for in the special permit.
C.
Sandwich
board signs.
[Added 8-8-2017 by L.L. No. 12-2017[4]]
(1)
Sandwich
board signs shall not exceed two feet in width, with a maximum height
of 42 inches.
(2)
A sandwich
board sign may only be used to advertise or promote an associated
fixed-location establishment.
(3)
Only
one sandwich board sign may be used for its associated fixed-location
establishment.
(4)
A sandwich
board sign may only be displayed during the regular business hours
of its fixed-location establishment and shall be removed at the end
of the business day.
(5)
A sandwich
board sign shall be constructed from durable materials, compatible
with the materials of the building served, and present a finished
appearance. Wood and metal are traditional, recommended materials.
Rough-cut plywood, particle board, and plastic sandwich board signs
are prohibited.
(6)
Sandwich
board signs may not be anchored to the sidewalk, or attached or chained
to poles or other structures or appurtenances.
(7)
Sandwich
board signs must be weighted down or removed if winds gust to 20 miles
per hour or more.
(8)
Sandwich
board signs may not be illuminated.
(9)
Sandwich
board signs may not be placed between the sidewalk and curb, whether
that area is tree lawn or pavers.
(10)
Sandwich
board signs are allowed without a permit. A sandwich board sign may
be used without a permit if all the following conditions are met:
(a)
The sandwich board sign shall be placed on private property on the
same parcel as the fixed-location establishment.
(b)
The sandwich board sign shall be placed so as not to interfere with
or obstruct vehicular or pedestrian traffic, and a minimum of five
feet of unobstructed passage must be maintained on any sidewalk.
(11)
Sandwich
board signs allowed with a permit. A sandwich board sign may be used
on public property if all the following conditions are met and a permit
received.
(a)
An applicant for a sandwich board sign permit shall apply as set
forth in § 227-C(1), except no fee shall be required.
(b)
The sandwich board sign may only be on public property immediately
adjacent to its associated fixed-location establishment.
(c)
The application shall be accompanied by a scaled drawing that depicts
the associated building's width, the distance from the wall of the
building to the street, the location at which the proposed sandwich
board sign will be placed, and the entrance to the associated fixed-location
establishment.
(d)
The applicant shall provide proof of liability insurance in an amount
determined from time to time by resolution of the Board of Trustees,
which names the Village as an additional insured.
(e)
The Planning Board may only grant a sandwich board sign permit if
it finds that the sandwich board sign's placement will not interfere
with or obstruct vehicular or pedestrian traffic, and that a minimum
of five feet of unobstructed passage will be maintained on the sidewalk.
(f)
In cases where a building adjoins a public sidewalk, a sandwich board
sign shall be no more than one foot from the façade of the
building.
(12)
The
Village of Cooperstown reserves the right and power to order the removal
of sandwich board signs at any time because of anticipated or actual
problems or conflicts in the use of the sidewalk area. These situations
include, but are not limited to pedestrian traffic, festivals, parades,
marches, road races, repairs to the street or sidewalk, or any emergencies
occurring in the area.
D.
Prohibited signs. Any sign not permitted by this chapter shall be
deemed prohibited. The list of prohibited practices in the following
paragraphs is not an exhaustive list, but has been included to illustrate,
by example, some of the aspects of signage that are considered undesirable
and incompatible, and are thus prohibited.
(2)
Restrictions to limit excessive lighting.
(a)
No exterior sign shall be internally illuminated.
(b)
No interior backlighted sign shall be placed within five feet
of the window glass.
(c)
No sign shall be illuminated by or consist of any moving, flashing,
intermittent or rotating lights, nor be indirectly illuminated by
a lighting device that causes glaring or nondiffuse beams of light
to be cast upon any public street, sidewalk or adjacent premises.
(d)
No light source shall be a searchlight or be a device producing
laser beams.
(3)
Restrictions to limit visual distractions.
(a)
No sign shall have a message or any part of its face change
automatically.
(b)
In all districts, no sign shall include elements, such as banners, pennants, ribbons, streamers, balloons, spinners or other windblown devices, that flutter or revolve, except as provided for in § 227-6A(18). (See Figure 11.[5])
[5]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
(c)
No sign shall in its construction employ any mirror or mirror-like
surface, nor be painted with any day-glow or fluorescent pigment.
(4)
Restrictions to limit sign clutter and preserve neighborhoods.
(a)
No sign shall be placed or located upon public property or the
property of public utilities unless so authorized by other provisions
in this chapter.
(b)
No sign shall be painted or drawn upon any trees, shrubs or
natural landforms.
(c)
No sign shall be allowed upon any roof surface with the exception
of mansard roofs.
(d)
No sign shall be portable except for temporary A-frame signs
on residential parcels (see Figure 12[6]) or as permitted by § 227-6C.
[6]
Editor's Note: See Graphic Sketches of Common Sign Types, which is attached to this chapter.
(e)
No sign shall identify or advertise any business, goods or services
that are located off the premises.
E.
Supplementary provisions.
(1)
Nonconforming signs.
(a)
This chapter recognizes the present existence of signs, including
previously approved signs, which do not conform to the provisions
of this chapter.
[1]
It is the intent of this chapter that a nonconforming sign shall
not be replaced with another nonconforming sign, not enlarged upon,
nor used as grounds for adding to or otherwise amending the sign.
[2]
Existing signs which become nonconforming as a result of the
revision of this chapter shall be allowed until a replacement is necessary,
or there is a change in the proprietor, whichever comes first.
(b)
A nonconforming sign may be temporarily removed for painting
or other maintenance purposes, if restored within three months. Such
restoration shall not be permitted if the period of time is exceeded.
[1]
The wording, color, lettering style, or any other design element
shall not be changed or altered in any way.
[2]
In the case of internally or externally illuminated signs, the
amount of illumination shall not be increased.
[3]
A permit shall be required before undertaking repairs to any
nonconforming sign.
(c)
For properties classed as nonconformities, as defined in Chapter 300, Zoning, the appropriate provisions of this chapter, as stated for residential, business or commercial districts, shall be used. The Planning Board shall determine which zoning district provisions are appropriate, as governed by the classification of such properties in Chapter 300, Zoning.
(d)
Any changes in or additions to signs on nonconforming properties
may be approved by the Planning Board only if in its opinion any existing
degree of nonconformity will be appreciably lessened.
(2)
Business placard holders. In order to announce the nature and location
of certain businesses in the Business and Commercial Districts that
are adjacent to, or near to, but not upon that section of Main Street
between Chestnut and Fair Streets, a permanent business placard shall
be provided for each business. Each permanent business placard location
shall consist of holders or frames and the individual business placards
identifying each business.
(a)
The Village of Cooperstown is the owner of the business placard
holders and is responsible for their construction, maintenance and
installation.
(b)
The business whose name is displayed on the placard will be
responsible for its placard and shall replace or repair any damage
thereto or defacement thereof, within seven days or less, or suffer
removal of the placard.
(c)
The Village of Cooperstown shall establish a fee schedule whereby
the businesses represented by placards on the placard holders shall
share equitably in the cost of manufacture, maintenance and installation
of the placard holders through the payment of an annual fee. The period
covered by the fee will commence on May 1 of each year and end on
April 30 of the following year. Partial fees shall not be accepted,
and refunds shall not be issued.
(d)
The placard holders are to be affixed at the following locations:
[1]
The intersection of Hoffman Lane and Main Street for the businesses
located on Hoffman Lane and Stagecoach Lane;
[2]
The northeast corner of the intersection of Main and Pioneer
Streets for the businesses located on Pioneer Street, north of Main
Street;
[3]
The southeast corner of the intersection of Main and Pioneer
Streets for the businesses located on the east side of Pioneer Street,
south of Main Street;
[4]
The southwest corner of the intersection of Main and Pioneer
Streets for the businesses located on the west side of Pioneer Street,
south of Main Street and for those businesses located on Pioneer Alley
that wish to have their plaques attached at that location rather than
Subsection D(2)(d)[5] following;
[5]
The intersection of Pioneer Alley and Main Street for those
businesses on Pioneer Alley that wish to have their plaques attached
at that location rather than Subsection D(2)(d)[4] above;
[6]
The Main Street entrance to Doubleday Parking Lot for the businesses
bordering upon the parking lot and the businesses in Doubleday Court;
[7]
The southwest corner of the intersection of Main and Chestnut
Streets for the businesses located on Main Street west of Chestnut
Street and for the businesses on Railroad Avenue;
[8]
The northeast corner of the intersection of Chestnut Street
and Doubleday Court for the businesses on Chestnut Street south of
Main Street and businesses located in Doubleday Court; and
[9]
The southeast corner of Main and Chestnut Streets for businesses
on Chestnut Street north and south of Main Street.
(e)
The precise location of each sign holder shall be determined
by the Board of Trustees.
(f)
Each of the above-indicated businesses may attach identical
placards, one on each side of the appropriate placard holder. Each
placard will have a standard size of six feet by 24 inches. Each placard
shall be constructed of a standard material and be painted a common
neutral background color as determined by the Village Planning Board.
Businesses shall make their applications to the Village Planning Board
for approval of lettering, color and text. Applicants should contact
the ZEO concerning the process for manufacturing their placard. Businesses
which elect to combine their advertising into a single placard may
do so as long as the combined total height limitation is not exceeded.
The ZEO will provide an applicant a default color and font, if needed.
(g)
The placard of the business located the greatest distance from
Main Street will be placed at the top of the file of placards on the
placard holder, and each of the successive placards will be placed
below the business whose distance from Main Street is greater than
its own.
(h)
Permanent business placards may not interfere with the window
displays of other businesses or create hazards to pedestrian or automotive
traffic.
(i)
No device may be attached to business placard holders, including
but not limited to additional signs, menus, leaflets, leaflet holders,
balloons or windblown devices.
(3)
Other regulations.
(a)
Any sign advertising a business no longer in operation or a
product no longer sold by the business shall be removed by the business
or tax parcel owner, unless the sign is a historic wall sign.
(b)
Substitution clause: Noncommercial signs are allowed in all
districts and may be substituted for any sign expressly allowed under
this chapter.
F.
Table 2, Signs allowed without a permit, a summary of § 227-6A and B.
[Amended 5-26-2015 by L.L. No. 10-2015]
KEY:
| |||
E
|
=
|
Sign type is exempt and does not require an application, approval,
permit or fee, provided the sign complies with the referenced law
section
| |
S
|
=
|
Sign types exempt, provided use is by special permit
| |
N
|
=
|
Not permitted
|
Signs Allowed Without Permit
| ||||||
---|---|---|---|---|---|---|
Zoning District
| ||||||
Sign Type
|
Residential
|
Business
|
Commercial
|
Chapter Section Reference
| ||
Historic markers/plaques
|
E
|
E
|
E
| |||
Historic: wall
|
E
|
E
|
E
| |||
Building identifiers (name/date of erection)
|
E
|
E
|
E
| |||
House/building number
|
E
|
E
|
E
| |||
Flags
| ||||||
National, varying; USA bunting
|
E
|
E
|
E
|
§ 227-6A(6)(a), (d)
| ||
Decorative
|
E
|
E
|
E
| |||
Directional
| ||||||
On-premises
|
E
|
E
|
E
| |||
Public
|
E
|
E
|
E
| |||
Warning/cautionary
|
E
|
E
|
E
| |||
OPEN, illuminated
|
E
|
E
|
E
| |||
OPEN/CLOSED, nonilluminated
|
E
|
E
|
E
| |||
Clock, analog
|
E
|
E
|
E
| |||
Lettering (removable/changeable)
|
E
|
E
|
E
| |||
Gasoline (price/grade)
|
N
|
E
|
E
| |||
Vending machine on private property
|
S
|
E
|
E
| |||
Public telephone
|
E
|
E
|
E
| |||
Barber pole
|
S
|
E
|
E
| |||
Decorations/signs
| ||||||
Seasonal/holiday
|
E
|
E
|
E
| |||
Special events by Board of Trustees
|
E
|
E
|
E
| |||
Part of vending permit, design standards
|
E
|
E
|
E
| |||
Signs
|
E
|
E
|
E
| |||
Windblown devices
|
E
|
E
|
E
| |||
Lawn objects/art, flower boxes
|
E
|
E
|
E
| |||
Window signs
| ||||||
Attached to exterior/interior glass
|
N
|
E
|
E
| |||
Interior display area
|
N
|
E
|
E
| |||
Neon/tube/static LED (within five feet of window glass)
|
S
|
E
|
S
| |||
Neon/tube/static LED (greater than 5 feet from window glass)
|
N
|
E
|
S
| |||
Temporary freestanding (private property)
| ||||||
Event/political/ personal views
|
E
|
E
|
E
| |||
Construction
|
E
|
E
|
E
| |||
Business/commercial facade
|
N
|
E
|
E
| |||
Temporary freestanding (public property)
| ||||||
Event, directional
|
E
|
E
|
E
| |||
Event notice
|
E
|
E
|
E
| |||
As part of lease
|
E
|
E
|
E
| |||
Banners by not-for-profit organizations
| ||||||
Attached to building
|
E
|
E
|
E
| |||
Not attached to building
|
E
|
E
|
E
| |||
Displayed over Main Street
|
N
|
E
|
N
|
A.
Administration and enforcement:
(1)
A ZEO, designated by the Village Board of Trustees and serving at
the pleasure of the Board, shall administer and enforce this chapter.
The ZEO may be provided with the assistance of such other persons
as the Board may direct.
(2)
If the ZEO finds that any of the provisions of this chapter are being
violated, he/she shall notify in writing the person responsible for
such violation, indicating the nature of such violation and stating
the action necessary to correct it. Subsequent notification need not
be sent for the same type of violation.
(3)
The ZEO is hereby empowered to order the removal or discontinuance
of illegal signs or of additions, alterations or structural changes
thereto or to take any other action authorized by said Village Board
to ensure compliance with or to prevent violations of its provisions.
Any violation that affects public property and/or occurs on public
property (e.g., telephone poles, trees, Village sign posts) is subject
to immediate action.
(4)
Any person, whether agent, architect, builder, contractor, owner,
tenant or otherwise, who violates any provision of this chapter following
notification from the ZEO, shall be subject to a penalty of no less
than $100 and not exceeding $1,000 and/or 50 hours of community service
for each violation. Each day that any violation continues shall be
a separate offense. Questions of enforcement of this chapter shall
be resolved by the Village Board of Trustees.
(5)
Any officer of the Village of Cooperstown police force is empowered
to enforce this chapter.
B.
Interpretation of the Sign Law: The Planning Board shall resolve
all questions of interpretation of this chapter.
C.
Fees.
(1)
Application for erecting, altering or moving a sign as well as the
filing of a request for a variance by the Planning Board shall be
accompanied by the fee as established in the Schedule of Fees and
adopted by the Board of Trustees. Resubmission of an application adopting
modifications suggested by the Planning Board shall not require a
fee.
(2)
No permit shall be issued or a variance granted without the payment
of a fee in accordance with the provision of this section.
D.
Variances.
(1)
A variance is a relaxation of the terms of the chapter where such
a variance will not be contrary to the public interest and where,
owing to conditions peculiar to the property and not the result of
the actions of the applicant, literal enforcement of the law would
result in unnecessary and undue financial hardship.
(2)
The Planning Board may, after public notice and public hearing, vary or modify the application of this chapter in harmony with its legislative purpose and intent as stated in § 227-1 and may impose reasonable conditions on the applicant as a requirement for granting the variance.
[Amended 4-22-2013 by L.L. No. 9-2013]
E.
Newspaper notification is required 14 days prior to a public hearing,
and a minimum of eight adjacent neighbor notifications must be made
by mail 14 days prior to a public hearing, with allowance for additional
mail notifications at the discretion of the board conducting the public
hearing. Special permit/municipal notification shall contact all property
owners within 400 feet/500 feet.
[Added 4-22-2013 by L.L.
No. 9-2013]
A.
Conflict with other laws. In the interpretation and application of
this chapter, the provisions thereof shall be held to be the minimum
requirements and are not intended to repeal, modify or impair any
existing provisions of law relative to the use of signs. This chapter
shall apply only where it imposes greater restrictions on the use
of signs than is required by existing provisions of the law. In case
of conflict with existing or future provisions of the law, the most
restrictive provisions of the statutes applicable shall apply.
B.
Application and construction. This chapter is applicable within the
Village of Cooperstown and shall be construed as an exercise of the
powers of such Village to regulate, control and restrict the use of
buildings, structures and land for outdoor advertising purposes, displays,
signs and other advertising media in order to promote the health,
safety, morals and general welfare of the community, including the
protection and preservation of the property of the Village and its
inhabitants and of peace and good order, for the benefit of trade
and all matters related thereto.