The purpose of this article is to regulate the use of exterior
signs to protect the health, safety and welfare of the community and
allow equitable use of the public environs to communicate necessary
business and private information. It is further intended to safeguard
the public use and nature of streets and sidewalks by minimizing the
visual distractions to motorists using the public streets and prevent
diminishing property values of the Village neighborhoods. Moreover,
this article is intended to enhance Village aesthetics and community
character and to ensure that the existing/proposed sign is in compliance
with the vision and intent of the Village of Liverpool Comprehensive
Plan 2025 and the intent of the zoning district in which it exists.
Signs should also be consistent with the Village of Liverpool Community
Design Handbook.[1]
[1]
Editor's Note: The Comprehensive Plan and the Community Design
Handbook are on file in the Village offices.
A.
The regulations contained in this article shall apply to all signs
erected after the effective date of this article and to all existing
signs as set forth herein. Except as hereinafter provided, no sign
shall be erected, maintained or altered except in conformity with
the provisions of this article.
B.
Nonconforming signs. Signs erected prior to the effective date of
this article that do not conform to the provisions contained herein
may continue in use subject to the following conditions:
(1)
Such nonconforming signs may remain in use as long as the use for
which they were established continues to exist in the building and
such sign remains in structurally sound condition, does not pose a
visual distraction to motorists and does not diminish property values
of all Village neighborhoods, but not to exceed five years from the
date of adoption of this article.
(2)
Where existing signs on the property fail to comply with the provisions
herein, no additional sign(s) shall be permitted thereon.
(3)
Nonconforming signs shall not be changed or altered in any manner
except for routine maintenance such as normal repairs, repainting
or to bring into conformance with this article, but not so as to increase
the degree of nonconformity.
(4)
Upon vacating the premises, the tenant, or in his absence the property
owner, shall remove all nonconforming signs, sign supports and attendant
hardware.
(5)
Owners of nonconforming signs existing at the time of adoption of
this article must register such signs with the Code Enforcement Officer
within three months after notification by such official that their
signs are nonconforming. Registration of such nonconforming signs
shall be in such manner and upon such forms prescribed by such official.
Failure to register such signs as herein provided shall terminate
all rights to continued use of such nonconforming signs.
C.
Interpretation. Where the provisions of this article are inconsistent
or conflicting, the most restrictive provision shall apply.
Please see § 380-5, Definitions.
The prohibitions contained in this section shall apply to all
signs in all zoning districts in the Village.
A.
Hazards to public safety. Signs which, by their use or simulation
of colors, design or placement, tend to confuse, detract from or in
any other way obstruct the utilization of traffic regulatory devices
are prohibited. Signs shall not be located in such a manner as to
restrict vision or impair safety.
B.
Obstructions. No sign shall obstruct by physical or visual means
any fire escape, window, door or any opening providing ingress or
egress designed for fire or safety equipment, any passageway from
or part of a structure or roof to another portion thereof or any opening
required for ventilation or which is required to remain unobstructed
by any applicable law or regulation.
C.
Illumination.
(1)
Any illuminated sign or lighting devices shall employ only lights
emitting constant intensity, and no sign shall be illuminated by or
contain flashing, intermittent, rotating or moving light or lights.
In no event shall an illuminated sign or lighting device be so placed
or so directed as to permit the beams or illumination therefrom to
be directed or beamed upon a public street, highway, sidewalk or privately
owned premises adjacent to any of these so as to cause glare or reflection.
(2)
Neon tube lighting or similar devices shall not be used to frame
windows or as an accent on building exteriors without approval of
the Planning Board. Such devices erected prior to the effective date
of this article that do not conform to the provisions contained herein
may continue in use as long as the use for which they were established
continues to exist in the building, but not to exceed two years from
the date of adoption of this article.
[Added 9-20-2010 by L.L. No. 3-2010]
D.
Projections. No sign shall be erected on or project over any street
or public right-of-way except as hereinafter provided. No sign shall
project over a vehicular driveway on private property at an elevation
of less than 14 feet above the driveway surface.
E.
Placement. No sign shall be placed upon or attached to any public
or private utility pole, lamppost, fire hydrant, bus shelter, sidewalk,
bridge, tree or similar installation or improvement, whether situated
upon public or private property.
F.
Public property. No sign shall be placed or erected on any public
property without first obtaining written approval of the Board of
Trustees.
G.
Other prohibited signs. Billboards, mobile or movable signs, pennants,
ribbons, streamers, spinners or other similar moving, fluttering or
revolving devices are prohibited.
A.
The provisions of this article shall not apply to signs established
pursuant to governmental authority or used for the identification
of public buildings, facilities and activities sponsored by a governmental
authority or of any official character, such as traffic regulation
devices authorized by the Vehicle and Traffic Law of the State of
New York, civil defense warning signs, railroad crossing designations,
bus stop signs and any other sign authorized and required under federal,
state or local law or which contains information required and designed
for the protection and safety of the general public, such as danger
areas, work areas, utility warnings, safety warning devices and similar
notices.
B.
The Planning Board may by resolution exempt from this article, with
or without conditions, existing nonconforming signs which may be found
by the Planning Board to be an integral component of a site, building,
structure, work of art or other premises, having a special character
or special historical or aesthetic interest or value deemed worthy
of protection, enhancement and perpetuation.
[1]
Editor's Note: The table of Signs Allowed Without a Permit is included at the end of this chapter.
[1]
Editor's Note: The table of Signs Requiring a Permit is included at the end of this chapter.
A.
Sign permit.
(1)
A sign permit shall be required prior to the performance of
any sign work, including but not limited to the erection, placement,
relocation, alteration, modification or major repair of a sign or
its structural appurtenances.
(2)
No sign permit shall be required for routine maintenance, including
minor repairs such as repainting, bulb replacement and repair of electrical
or mechanical parts.
(3)
A sign permit is required in addition to any building permit
issued for the erection or alteration of a building or structure;
a building permit shall not constitute approval for the signage of
a building.
B.
Application for a sign permit. Application for a sign permit shall
be made in writing, by the property owner, to the Code Enforcement
Officer upon forms prescribed and provided by such official.
C.
Issuance of a sign permit. Upon filing of an application for a sign
permit, the Code Enforcement Officer shall determine whether the proposed
sign is in compliance with the requirements of this article and other
laws of the Village, and is in significant compliance with the vision
and intent of the Village of Liverpool Comprehensive Plan 2025[1] and the purpose of the zoning district. If the proposed
sign requires Planning Board approval, the application shall be forwarded
to such Board for its consideration. If it shall appear that the proposed
sign complies with all applicable requirements, the Code Enforcement
Officer shall, within 15 business days from the filing of the completed
application or approval of the Planning Board, where required, issue
a permit for the erection of the proposed sign. If the sign authorized
under any such permit has not been completed within 90 days from the
date of issuance of such permit, the permit shall expire.
[1]
Editor's Note: The Comprehensive Plan is on file in the Village
offices.
D.
Revocation of permit.
(1)
Any sign work not performed in conformance with the provisions
of this article, including sign work performed without a permit, and
any sign maintained in an unsafe condition so as to be detrimental
to public health or safety shall constitute a violation of the provisions
of this article.
(2)
In the event of such a violation, the Code Enforcement Officer
shall give written notice specifying the violation to the owner of
the sign, if known, and the owner of the land upon which the sign
is located, to bring the sign into conformance with the provisions
of this article or to remove such sign. The sign shall be brought
into conformance within 15 days of the date of said notice. If the
violation is not corrected within the time specified, the Code Enforcement
Officer shall revoke the permit, if issued, and cause the sign to
be removed.
E.
Removal of certain signs.
(1)
If the Code Enforcement Officer shall find that any sign regulated
by this article is unsafe or not secure or is a menace to the public,
such official shall give written notice to the named owner of the
sign and also the owner of the land upon which the sign is erected,
who shall remove or repair said sign within 15 days from the date
of said notice. If said sign is not removed or repaired, the Code
Enforcement Officer shall revoke the permit issued, if any, for such
sign as herein provided and/or may remove or repair said sign and
shall assess all costs and expenses incurred in said removal or repair
against the land or building on which such sign was located.
(2)
The Code Enforcement Officer may cause any sign which is a source
of immediate peril to persons or property, any temporary sign not
removed at the expiration of 15 days or any sign placed upon public
property to be removed summarily without notice.
(3)
Any sign which, in the determination of the Code Enforcement
Officer, is abandoned or no longer advertises a bona fide business
conducted or product sold on the premises shall be taken down and
removed by the owner, agent or persons having the beneficial use of
the building, structure or land upon which said sign shall be found
within 10 days after written notification from the Code Enforcement
Officer. Where a business activity has been discontinued for a period
of 90 days, the related sign(s) shall be presumed to be abandoned
unless the owner, beneficial user or other party in interest files
a written certification with the Code Enforcement Officer that such
sign is to be utilized within 30 days following such ninety-day period.
(4)
Abandoned signs not removed by the owner within 30 days after
notice to remove a sign shall be removed by the Village, with all
costs and expenses so incurred assessed against the property on which
such sign is located.
F.
Construction standards.
(1)
All signs installed after the effective date of this article
shall have attached to such sign a nameplate giving the sign permit
number.
(2)
All signs employing electrical components shall be inspected and approved by any electrical inspection agency authorized by Chapter 156 of this Code.
(3)
All transformers, wires and similar items shall be concealed.
All wiring to ground signs shall be underground.
(4)
All ground signs shall be designed and constructed to withstand
a wind force as provided in the Building Code.
(5)
All signs, including wall-mounted and projecting signs, shall
be securely anchored and shall not swing or move in any manner.
(6)
Signs shall be erected and/or fabricated to employ only acceptable
safety material in accordance with generally accepted standards.
(7)
All signs, sign finishes, supports and electrical 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.
(8)
Sign supports shall be placed to limit the visual appearance
of such supports to that which is absolutely necessary for supporting
the sign structure.
