[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Morris 5-5-1988 by L.L. No. 5-1988. Amendments noted where
applicable.]
A.
The purpose of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising signs and outdoor signs of all types. It is intended to
protect property values, create a more attractive economic and business
climate, enhance and protect the physical appearance of the community,
preserve the scenic and natural beauty and provide a more enjoyable
and pleasing community. It is further intended hereby to reduce sign
or advertising distractions and obstructions that may contribute to
traffic accidents, reduce hazards which may be caused by signs overhanging
or projecting over public rights-of-way, provide more visual open
space and curb the deterioration of the community's appearance
and attractiveness.
B.
This chapter is intended to promote attractive signs which clearly
present their visual messages in a manner that is compatible with
their surroundings. The appearance, character and quality of a community
are affected by the location, size, construction and graphic design
of its signs. Therefore, such signs should convey their messages clearly
and simply to enhance their surroundings.
As used in this chapter, the following terms shall have the
meanings indicated:
Any material, structure or device or part thereof composed
of lettered or pictorial matter which is located out-of-doors or on
the exterior of any building or indoors, as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when placed in view of the general public.
AWNING SIGNAny visual message incorporated into an awning attached to a building.
COPY-CHANGE SIGNAny sign on which the visual message may be periodically changed.
DIRECTIONAL SIGNA sign limited to providing information on the location of any activity, business or event.
FREESTANDING SIGNAny sign not attached to or part of any building but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign, including reflective and phosphorescent light.
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
PORTABLE SIGNA sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.
PROJECTING SIGNA sign which is attached to a building wall or structure and which extends horizontally more than 15 inches from the plane of such wall or a sign which is perpendicular to the face of such wall or structure.
REPRESENTATIONAL SIGNA three-dimensional sign built so as to physically represent the object advertised.
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 30 days.
WALL SIGNA sign which is painted on or attached to the outside wall of a building, with the face of the sign in the plane parallel to such wall and not extending more than 15 inches from the face of such wall.
WINDOW SIGNA sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
A listing of two or more business enterprises, consisting
of a matrix and sign components.
The supports, uprights, bracing and framework for the sign.
In the case of a "sign structure" consisting of two or more sides
where the angles formed between any two of the sides or the projections
thereof exceed 30°, each side shall be considered a separate "sign
structure."
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background for the display. Both faces
of a double-faced sign shall be included as surface or area of such
a sign.
A.
Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Zoning Enforcement Officer. Within six months following the effective date of this chapter, a permit shall also be obtained for any sign in existence as of the effective date of this chapter, unless excluded by the exempt signs provision under § 186-4A. Subsequent to this initial application, no permit shall be required for a sign to be repainted, repaired or to have its message changed.
B.
Application procedure. Applications shall be made, in writing, to
the Zoning Enforcement Officer on forms prescribed and provided by
the municipality and shall contain the following information:
(2)
The location of the building, structure or land upon which the sign
now exists or is to be erected.
(3)
If a new sign is to be erected, elevation and plan drawings, to scale,
should be included. In addition, a full description of the placement
and appearance of the proposed sign should be included and should
cover the following:
(a)
The location on the premises, specifically, its position in
relation to adjacent buildings, structures and property lines.
(b)
The method of illumination, if any, and the position of lighting
or other extraneous devices and a copy of the electrical permit related
to the electrical connections.
(c)
The graphic design, including symbols, letters, materials and
colors.
(d)
The visual message, text, copy or content of the sign.
(4)
Written consent or a copy of the contract made with the owner of
the property upon which the sign is to be erected, if the applicant
is not the owner.
C.
Permit.
(1)
Upon the filing of a completed application for a sign permit and
the payment of the required fee, the Zoning Enforcement Officer shall
examine the plans, specifications and other data submitted and the
premises on which the sign is to be erected or now exists. If it shall
appear that the sign is in compliance with all of the requirements
of this chapter, he shall then, within 15 days, issue a permit for
the erection of the proposed sign or for an existing sign. The issuance
of a permit shall not excuse the applicant from conforming to other
applicable laws, ordinances and regulations.
(2)
If erection of the sign authorized under any such permit has not
commenced within six months from the date of the issuance, the permit
shall become null and void, but may be renewed within 30 days prior
to the expiration, for good cause shown, for an additional six months,
upon payment of 1/2 of the original fee.
(3)
Every sign shall bear the permit number, permanently and visibly
shown. Failure to do so shall constitute cause for revocation of the
permit.
D.
Permit period and fees. A permit shall be in effect from issuance
until the business ceases to operate or the sign is replaced. The
permit fee shall be as set from time to time by resolution of the
Village Board of Trustees.[1]
[Amended 9-9-2004 by L.L. No. 2-2004]
[1]
Editor's Note: The current fee resolution is on file
in the office of the Village Clerk.
A.
Exempt signs. The following types of signs may be erected and maintained
without permits or fees, provided that such signs comply with the
general requirements of this chapter and other pertinent regulations:
(1)
Historical markers, tablets and statues, memorial signs and plaques;
names of buildings and dates of erection, when cut into any masonry
surface or when constructed of bronze, stainless steel or similar
material; and emblems installed by governmental agencies or religious
or nonprofit organizations; not exceeding six square feet in area.
(2)
Flags and insignias of any government, except when displayed in connection
with commercial promotion.
(3)
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs, internally illuminated or nonilluminated,
not exceeding four square feet per face and six feet in height. Business
names and personal names shall be allowed, excluding advertising messages.
(4)
Nonilluminated warning, "private drive," "posted" or "no trespassing"
signs, not exceeding two square feet per face.
(5)
One on-premises sign, either freestanding or attached in connection
with any residential building in any zoning district, for permitted
professional offices or home occupations, not exceeding two square
feet and set back at least 10 feet from the highway right-of-way.
Such sign shall state the name and profession or vocation only. Illumination
shall not produce a direct glare beyond the limits of the property
line.
(6)
Numbers and nameplates identifying residents, mounted on a house,
apartment or mailbox, not exceeding one square foot in area.
(7)
Lawn signs identifying residents, not exceeding one square foot or
two square feet if doubled-faced. Such signs are to be nonilluminated,
except by a light which is an integral part of a lamppost if used
as a support, with no advertising message thereon.
(8)
Private-owner merchandise sale signs for garage sales, yard sales,
auctions and the like, not exceeding four square feet for a period
not exceeding seven days.
(9)
Temporary, nonilluminated "for sale," "for rent" and real estate
signs and signs of similar nature, concerning the premises upon which
the sign is located; in a residential zoning district, one sign not
exceeding four square feet per side; in a business or industrial zoning
district, one sign not exceeding 50 square feet set back at least
15 feet from all property lines. All such signs shall be removed within
three days after closing the sale or the effective date of the lease
or rental of the premises.
(10)
One temporary sign for a roadside stand selling agricultural
produce grown on the premises in season, provided that such sign shall
not exceed 16 square feet and shall be set back at least 10 feet from
the public right-of-way. Said signs shall be removed within three
days after the produce is no longer being offered for sale.
(11)
Temporary, nonilluminated window signs and posters not exceeding
25% of the window surface.
(12)
Christmas holiday decorations, including lighting. These decorations
are exempt from the provisions of this chapter and may be displayed
in any district without a permit for the period from three days before
Thanksgiving through the first full week in the following year.
(14)
Temporary directional signs for meetings, conventions and other
assemblies. Said signs may not be displayed more than three days prior
to said event, and said signs shall be removed within three days after
the conclusion of said event.
(15)
One sign, not exceeding six square feet in the residential districts
or 16 square feet in the business districts, listing the architect,
engineer, contractor and/or owner, on premises where construction,
renovation or repair is in progress. Said signs shall be removed within
three days of the completion of such work.
(16)
Political posters, banners, promotional devices and similar
signs, not exceeding four square feet in the residential districts
or 16 square feet in the business districts, provided that:
B.
Prohibitions.
(1)
No off-premises signs shall be allowed other than as permitted under the exempt signs provisions of Subsection A above.
(2)
No sign shall be illuminated by or contain flashing, intermittent,
rotating or moving lights except to show time and temperature.
(3)
No sign shall impair or cause confusion of vehicular or pedestrian
traffic in its design, color or placement. No sign shall impair visibility
for a motorist at a street corner or intersection by placement and
location within 25 feet of the intersection of the street or highway
lines.
(4)
No sign or sign supports shall be placed upon the roof of any building.
(5)
[1]No advertising message shall be extended over more than
one sign placed along a street or highway.
[1]
Editor's Note: Former Subsection B(5), prohibiting signs
consisting of moving, fluttering or revolving materials or devices,
was repealed 7-13-1995 by L.L. No. 3-1995. This local law also renumbered
former Subsection B(6) as Subsection B(5).
C.
Sign permit required.
(1)
Temporary signs.
(a)
All signs of a temporary nature, except as otherwise provided
by this chapter, shall be permitted for a period not exceeding six
weeks prior to the activity or event nor exceeding three days after
the activity or event. Such signs shall not exceed 16 square feet
in business or industrial districts nor eight square feet in residential
districts nor be attached to fences, trees, utility poles, rocks or
other parts of a natural landscape nor be placed in a position that
will obstruct or impair traffic or in any manner create a hazard or
disturbance to the health, safety and welfare of the general public.
(b)
A cash deposit equal to the fee shall be deposited with the
Village Clerk to insure removal of such signs upon expiration of the
permit period. The Zoning Enforcement Officer, after seven days written
notice to the permit holder to remove such signs and after the failure
of the permit holder to do so, shall cause said signs to be removed,
and the cash deposit shall be forfeited to help defray the cost of
removal. The seven days' written notice provided herein shall
be computed from the date of mailing said notice. Said notice shall
be directed to the permit holder at the address provided to the Zoning
Enforcement Officer on the permit application.
(2)
Permanent signs. Within any zoning district, the following permanent
signs may be erected; provided, however, that the provisions of this
subsection shall not serve to expand the number of signs otherwise
allowed pursuant to the next subsection on business and industrial
districts:
(a)
Off-premises directional signs for the convenience of the general
public and for the purpose of directing people to a business, activity,
service or community facility may be erected, provided that such signs
do not exceed 10 square feet per establishment nor total more than
two such signs per establishment. The message shall be limited to
name or identification, arrow or direction and distance. Advertising
messages shall be prohibited. Such signs shall be limited to major
and collector streets.
(b)
A nonilluminated, single-sided real estate development sign,
including industrial and commercial development, residential subdivision
or construction sign denoting the architect, engineer and/or contractor,
not exceeding 32 square feet in business and industrial districts
nor 16 square feet in residential districts, may be erected on property
being sold, leased or developed. Such sign shall be erected parallel
to the fronting highway and set back a minimum of 35 feet from the
property line or attached to the building face. Such sign shall be
removed upon completion of the project and shall be in place for a
period not exceeding two years.
(c)
Signs or bulletin boards customarily incident to schools, places
of worship, libraries, museums, social clubs or societies may be erected
on the premises of such institutions. One such sign or bulletin board
not exceeding 20 square feet may be erected for each entrance on a
different street or highway.
(d)
For multiple dwellings or apartment developments, one sign advertising
availability of dwelling units, not exceeding 20 square feet, shall
be permitted. One such sign shall be permitted for each entrance on
a different street or highway.
(f)
Signs necessary for identification, operation or production
of a public utility, not exceeding 20 square feet, may be erected
on the premises of such public utility.
D.
Business and industrial districts.
(1)
Permanent sign provisions.
(a)
The total number of permitted signs on a single business or
industrial lot shall not exceed two, of which only one may be freestanding.
(b)
The total cumulative area of all signs permitted on such lot
shall be calculated at the rate of one square foot of sign area per
linear foot of building front, plus 1/4 square foot per linear foot
of setback of the principal building on the property, whichever is
less, but in no case in excess of 150 square feet.
(c)
A minimum total sign area of 20 square feet shall be permitted
any use, regardless of building frontage.
(d)
Where groups of four or more contiguous stores are located together
in a shopping center or where a lesser number of stores total not
less than 20,000 square feet of grass leasable area, one common freestanding
sign denoting the name of the shopping facility shall be permitted,
not exceeding 150 square feet [75 square feet per side] and with a
bottom panel not less than eight feet above grade. All other signs
shall be attached to buildings, on a wall, projecting or soffit-type
and coordinated in material, shape, lettering, color and/or decorative
elements. The total sign area permitted for the entire shopping center
shall be calculated at the rate of one square foot of sign per foot
of building front, plus 1/4 square foot per foot of each store's
setback, but in no case to exceed 450 square feet.
(e)
Representational signs shall not project in any direction more
than four feet beyond the principal structure to which they are attached
and shall not exceed 15 square feet. Only one such sign per establishment
shall be permitted, with the area of such sign structure included
within the total sign area permitted.
[Amended 12-15-2009 by L.L. No. 3-2009]
(f)
Illuminated signs which indicate the time, temperature, date
or similar public service information shall not exceed 32 square feet
and shall not employ less than 60% of the total sign area, each side,
for said public service information.
(g)
Gasoline service stations shall additionally be permitted two
price, product or promotional signs each, not exceeding 12 square
feet or six square feet per side, if located on the pump island or
set not closer than 10 feet to the edge of the pavement, not exceeding
eight feet above grade nor situated so as to impair visibility for
pedestrians or motorists.
(h)
Illuminated signs shall be turned off when the business they
advertise is closed.
(2)
Portable signs. A new business or a business in a new location, awaiting
installation of a permanent sign, may utilize a portable sign for
a period of not more than 60 days or until installation of a permanent
sign, whichever occurs first. Such a portable sign must meet all the
construction standards of the municipality. A separate permit for
such a portable sign shall be required.
E.
Nonconforming signs.
(1)
In the event that a sign lawfully erected prior to the effective
date of the chapter does not conform to the provisions and standards
of this chapter, then such sign may continue in use until replaced
or until the sign no longer advertises, an existing business conducted
or product sold on the premises upon which such sign is located.
(2)
A nonconforming sign shall not be enlarged or replaced by another
nonconforming sign.
(3)
Any maintenance, repair or alteration of a nonconforming sign shall
not cost more than 50% of the current depreciated value of the sign
as of the date of alteration or repair.
F.
Removal of signs.
(1)
Any sign existing on or after the effective date of this chapter
which no longer advertises an existing business conducted or product
sold on the premises upon which such sign is located shall be removed.
(2)
If the Zoning Enforcement Officer shall find that any sign regulated
by this chapter is not used, is abandoned, unsafe or insecure or is
a menace to the public, the Zoning Enforcement Officer shall give
written notice to the named owner of the land upon which it is located,
who shall remove or repair the sign within 30 days from the date of
the notice. If the sign is not removed or repaired within said time
period, the Zoning Enforcement Officer shall revoke the permit issued
for such sign and may remove or repair the sign and assess the owner
for all costs incurred for such service.
(3)
The Zoning Enforcement Officer may cause any sign which is a source
of immediate danger to persons or property to be removed immediately
and without notice.
A.
General.
(1)
All signs installed after the effective date of this chapter shall
have attached to the sign a nameplate giving the sign permit number
and the name and address of the owner, person or corporation responsible
for the general requirements and maintenance as outlined in this chapter.
(2)
All internally illuminated signs shall be constructed in conformance
with the Standards for Electric Signs (U.L. 48) of Underwriters'
Laboratories, Inc., or an equivalent standard and bear the seal of
Underwriters' Laboratories, Inc., or another acceptable service.
(3)
If such sign does not bear the Underwriters' Laboratories, Inc.,
label, the sign shall be inspected and certified by the New York Board
of Fire Underwriters. All transformers, wires and similar items shall
be concealed. All wiring to freestanding signs shall be underground.
(4)
All freestanding signs shall be designed and constructed to withstand
a wind pressure of not less than 30 pounds per square foot of surface
area.
(5)
All signs, including wall-mounted and projecting signs, shall be
securely anchored and shall not swing or move in any manner.
(6)
All signs, sign finishes, supports and electric work shall be kept
clean, neatly painted and free from all hazards, such as, but not
limited to, faulty wiring and loose supports, braces, guys and anchors.
(7)
All projecting, freestanding or wall signs shall employ acceptable
safety material.
(8)
All signs shall be painted and/or fabricated in accordance with generally
accepted standards.
B.
Specific regulations of sign types. The following are descriptions
of signs varying in construction and type which shall comply with
the additional conditions set forth herein:
(1)
Wall signs.
(a)
Wall signs shall not extend beyond the ends or over the top
of the walls to which attached and shall not extend above the level
of the second floor of the building.
(b)
Wall signs shall not extend more than nine inches from the face
of the buildings to which attached, except that copy-change signs
may extend 15 inches therefrom.
(c)
Any part of a sign extending over pedestrian traffic areas shall
have a minimum clearance of seven feet six inches.
(d)
Copy-change wall signs shall be permitted on theaters only.
(2)
Projecting signs.
(a)
Projecting signs shall not have more than two faces.
(b)
The exterior edge of a projecting sign shall extend not more
than five feet from the building face or 1/3 the width of the sidewalk,
whichever is less.
(c)
No part of a projecting sign shall extend into vehicular traffic
areas, and any part extending over pedestrian areas shall have a minimum
clearance of seven feet six inches.
(d)
Projecting signs shall not extend above the level of the second
floor of the buildings to which attached or in any case be higher
than 12 feet.
(e)
No projecting sign shall be closer than 15 feet to the corner
of a building located at a street intersection.
(3)
Freestanding signs.
(a)
In residential zones, no freestanding sign shall be located
less than 15 feet from the front property line nor less than five
feet from the side property line. No freestanding sign may be located
less than 50 feet from any other freestanding sign.
[Amended 7-13-1995 by L.L. No. 3-1995]
(b)
If for any reason the property line is changed at some future
date, any freestanding sign made nonconforming thereby must be relocated
within 90 days to conform to the minimum setback requirements.
(c)
Except as otherwise provided herein, no freestanding sign shall
be more than 20 square feet per side for a double-faced sign.
(d)
No freestanding sign shall be more than 20 feet in height above
finished grade. Such height shall be measured vertically from the
established average grade directly below the sign or entry level of
the building or structure, whichever is lower, to the highest point
of the sign, including supporting structures.
(e)
[1]Freestanding signs under which a pedestrian walkway or
driveway passes must have a ten-foot vertical clearance.
[1]
Editor's Note: Former Subsection B(3)(e), which prohibited
signs extending over or into public rights-of-way or overhanging property
lines, was repealed 7-13-1995 by L.L. No. 3-1995. This local law also
renumbered former Subsection B(3)(f) and (g) as Subsection B(3)(e)
and (f), respectively.
(f)
Masonry wall-type signs shall not exceed four feet in height
and shall not be placed so as to impair visibility for motorists.
(4)
Other signs.
(b)
Sign directions.
[1]
The character and size of the sign matrix and of the individual
sign components comprising the directory shall be regulated in accordance
with design guidelines provided by this chapter.
[2]
Sign directories shall contain identification of and direction
to several business enterprises but shall contain no promotional advertising.
(c)
Awning signs.
[1]
No sign shall project from an awning.
[2]
Awning graphics may be painted or affixed flat to the surface
of the front or sides and shall indicate only the name and/or address
of the enterprise or premises.
[3]
Awning graphics shall be a single line of lettering not exceeding
six inches in height but, if over three inches in height, shall be
debited against the permitted wall sign surface area.
A.
Signs should be designed to be compatible with the surroundings and
appropriate to the architectural character of the buildings on which
they are placed. Sign panels and graphics should relate with and not
cover architectural features and should be in proportion to them.
B.
Signs should be appropriate to the types of activities they represent.
C.
Layout should be orderly, and graphics should be of simple shape,
such as a rectangle, circle or oval.
D.
No more than two typefaces should be used on any one sign or group
of signs indicating one message.
E.
The number of colors used should be the minimum consistent with the
design.
F.
Illumination should be appropriate to the character of the sign and
surroundings.
G.
Groups of related signs should express uniformity and create a sense
of harmonious appearance.
A.
Any person aggrieved by a decision of the Zoning Enforcement Officer
relative to the provisions of this chapter may appeal such decision,
in writing, to the Board of Trustees as provided in the Zoning Regulations[1] and shall comply with all procedural requirements prescribed
by such Board.
B.
In granting any variance from the provisions of this chapter, the
Board of Trustees must find that the variance is necessary for the
reasonable use of the land or buildings, that granting the variance
is in harmony with the general purposes and intent of this chapter,
that such will not be injurious to the neighborhood character or otherwise
detrimental to the public welfare and that denial of the variance
would result in practical difficulty or unnecessary hardship to the
applicant.
A.
Any person, firm or corporation, whether as owner, lessee, agent
or employee, who proceeds to erect, re-erect, construct or structurally
alter any sign without first applying for and obtaining the necessary
permit or who in any other way violates any provision of this chapter
shall be guilty of an offense punishable by a fine not exceeding $50
for the first violation and $100 for a second, or subsequent violation.
Each week's continuous violation shall constitute a separate
additional violation.
B.
In case of a violation of this chapter, the municipality and its
officers may, in addition to any other remedies specifically conferred
by law or ordinance, institute any appropriate proceedings to prevent
unlawful erection, construction, reconstruction, alteration or use
of any sign not in compliance with this chapter.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, morals, safety or the general welfare.
It is not intended to interfere with, abrogate or annul other rules,
regulations or ordinances, provided that, whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted regulations, rules or ordinances, the most restrictive
or those which impose the highest standards, shall govern.
