[HISTORY: Adopted by the Board of Trustees of the Village
of Corinth 9-25-2006 by L.L. No. 5-2006 (Ch. 117 of the 1983 Code). Amendments
noted where applicable.]
This chapter shall be known and cited as the "Village of Corinth
New York Sign Law."
This chapter recognizes the importance of signs to inform the
public and as an aid to local businesses in attracting customers.
It also recognizes that neither the traveling public nor local business
are well served by unlimited signs. The purpose of this chapter is
to promote and protect the public health, safety and welfare by regulating
existing and proposed signs and display graphics 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 Village of Corinth, preserve the scenic and natural beauty
of the Gateway to the Adirondacks and the shores along the Hudson
River and provide a more enjoyable and pleasing community for residents
of and visitors to the Village of Corinth. It is further intended
to reduce sign and display distractions and obstructions that may
pose a traffic or pedestrian hazard caused by signs overhanging, projecting
into or in close proximity to the public right-of-way. Moreover, it
is the purpose and intent of this chapter to permit only those signs
which are:
As used in this chapter, the following terms shall have the
meanings indicated:
- BUSINESS
- A legally permitted occupant of land or premises, which is found or located within its own separate, physical space and with its own separate entrance.
- LOT
- A parcel or group of contiguous parcels of land under the same ownership which is occupied or may become occupied by one or more principal buildings and the accessory buildings or customarily incidental uses.
- OFF-PREMISES SIGN
- A sign which directs attention to a business, profession, commodity, service or entertainment that is not carried on, sold or offered on the same premises. Posters as defined below, and special signs defined in § 407-16, are not considered off-premises signs for the purposes of this chapter.
- ON-PREMISES SIGN
- A sign which directs attention to a business, profession, commodity, service or entertainment carried on, sold or offered on the same premises.
- POSTER
- A temporary, off-premises sign, exhibited no more than four days, and not exceeding three square feet in area, printed, lettered, or drawn on nonpermanent cardboard or paper, advertising a specific event or occurrence at a particular time and place.
- PREMISES
- The lot, building, or set of related buildings comprising the location of one or more businesses or other ventures.
- RESIDENTIAL SIGN
- A sign, not more than two square feet in area, for identification purposes.
- SIGN
- Any structure, wall display, device or representation which is designed or used to advertise or call attention to or direct a person to a business, association, profession, commodity, product, institution, service, entertainment, person, place or thing, or activity of any kind, and is visible or audible from a highway or other public right-of-way. It does not include the flag of any nation or state on a single pole.
- SIGN, FLUSH-MOUNTED
- A sign attached to and mounted parallel to the face of a building or structure, or where architectural features (covered entryways, awnings, or other building elements except where otherwise prohibited) are clearly designed to accommodate a sign mounted parallel to the building face.
- SIGN, FREESTANDING
- A sign supported by one or more poles, columns, or supports placed in or on the ground and not attached to any building or structure.
- SIGN, PROJECTING
- A sign attached to and projecting away from the face of a building or structure.
- SIGN, SOFFIT
- A sign hung from and within an overhang, which is attached to a building or structure, and which covers a walkway serving that building or structure.
- SIGN, WINDOW
- Any sign affixed to the inside of a window or door, or a sign placed within a building so as to be plainly visible and legible through a window or door. Small signs incorporated into a window display of merchandise and measuring no more than 100 square inches shall not be considered window signs.
- YARD, FRONT
- An open space between the building and the street, extending the full width of the lot, or in the case of a corner lot, extending along all streets.
- YARD, REAR
- An open space between the building and the rear lot line, extending the full width of the lot.
Before the alteration, construction, or installation of any
sign, a sign permit shall be secured from the Building Department.
Through the design review process, the Village Planning Board shall
review and regulate size, location, design, color, texture, lighting,
and materials of all exterior signs within its purview. Applications
for sign permits shall be made on a form prescribed by the Building
Department, and a standard fee, as determined by the Village Board,
shall be charged for processing the application. Charitable organizations
are exempt from the payment of fees. Action on the application shall
be taken by the Code Enforcement Officer within seven business days
of filing.
A.
Penalties. Violations of any provision or requirement of this chapter
or a violation of any statement, plan, application, permit or certificate
approved under the provisions of this chapter shall be considered
an offense.
(1)
Conviction of a first offense is punishable by a fine of not more
than $350 and/or imprisonment for not more than six months.
(2)
Conviction of a second offense, committed within a five-year period
of the first, is punishable by a fine of not less than $350 nor more
than $700 and/or imprisonment for not more than six months.
(3)
Conviction of a third or subsequent offense, committed within a five-year
period of the first, is punishable by a fine of not less than $700
nor more than $1,000 and/or imprisonment for not more than six months.
B.
The owner, general agent or contractor of a building, premises, or
part thereof where such a violation has been committed or does exist
and any agent, contractor, architect, builder, corporation or other
person who commits, takes part in or assists in such violation shall
be liable for such an offense. All such penalties shall be collectible
by and in the name of the Village. Each week that any such violation
continues after notification that such violation exists shall constitute
a separate offense. Such notice shall be given in writing by the Code
Enforcement Officer and shall be served by certified mail or personal
service.
C.
Court action. The imposition of penalties herein prescribed shall
not preclude the Village or any person from instituting appropriate
legal action or proceedings in a court of competent jurisdiction to
prevent an unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance, or use or to restrain by injunction,
correct or abate a violation or to furthermore prevent the illegal
erection, installation or repair of any sign.
[Amended 5-6-2009 by L.L. No. 1-2009]
A.
Appeals and variance applications. An interested person may appeal any determination or action taken by the Building Department under this chapter by filing an appeal or variance application with the secretary of the Zoning Board of Appeals, or the Village Clerk if a secretary has not been elected. The appeal or variance application shall be made on a form prescribed by the Village and shall be accompanied by the application fee established by the Village. The appeal or variance application shall be filed and thereafter processed by the Zoning Board of Appeals in accordance with the provisions contained in Article VIII of Chapter 500 as applicable. The variance standards to be applied by the Zoning Board of Appeals are set forth in Subsection B herein.
B.
Variance standards. When a variance from the provisions of this chapter
is the relief requested, the Zoning Board of Appeals shall have the
power, upon appeal from a decision or determination of the Code Enforcement
Officer, to vary or modify the sign criteria or requirements of this
chapter.
(1)
In making its determination, the Zoning Board of Appeals shall take
into consideration the benefit to the applicant if the variance is
granted, as weighed against the detriment to the health, safety and
welfare of the neighborhood or community by such grant. In making
such determination the Zoning Board of Appeals shall also consider
whether:
(a)
An undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by
the granting of the variance;
(b)
The benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than a variance;
(c)
The requested variance is substantial;
(d)
The proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(e)
The alleged difficulty was self-created, which shall be relevant
to the decision of the Zoning Board of Appeals but shall not necessarily
preclude the granting of the variance.
(2)
The Zoning Board of Appeals, in the granting of a sign variance,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(3)
The Zoning Board of Appeals shall have the authority to attach such
conditions to any variance that the Zoning Board of Appeals deems
necessary and appropriate to preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
A.
Number.
(1)
One freestanding, pedestal, or post-supported sign is allowed per
lot. The only exceptions are that an additional freestanding sign
may be placed on a lot:
(a)
If the lot has at least 650 feet of frontage on a Village, county
or state road, and the two signs will be at least 350 feet apart;
or
(b)
If the lot is located within the Village Business (VB) Zone
and has at least 300 feet of frontage along a single major street
from which vehicular access is gained; if so, then an additional freestanding
sign may be permitted for each additional 300 feet of road frontage
or partial increment thereof on that single major street, under the
following conditions: the additional sign(s) must be placed at separate,
existing entrance driveway(s) accessing the lot from that single major
street.
(c)
Where real estate or contractors' signs are allowed, as described
elsewhere in this chapter.
(2)
If a landowner chooses to have additional freestanding signs as described
herein, then each freestanding sign on that lot shall be limited to
the standard maximum size permitted in that zone.
B.
Side design. Freestanding signs shall only have two sides, which
are parallel to each other and no more than six inches apart.
C.
Sign material. There are a wide variety of sign materials available
and new materials become available frequently. It is the intention
of this chapter to establish a sign design that reflects the heritage
and image of the community. Signs shall be constructed of a durable
material resembling wood that is carved, engraved or otherwise replicates
a wooden sign with lettering and designs either carved or engraved
recessed or applied to the surface.
D.
Design guidelines.
(1)
The intent of design guidelines, as described here, is to provide
the sign applicant, Code Enforcement Officer and the Planning Board
standards for determining if a proposed sign meets the intent of this
chapter and conforms to the Village of Corinth Master Plan.
(2)
Proposed signs that do not meet these guidelines are subject to the
variance application process as described elsewhere in this chapter.
E.
Maximum allowable size of freestanding signs.
|
Zoning District
|
Maximum Size
(square feet)
| |
|---|---|---|
|
Suburban Residential (SR)
|
4
| |
|
Village Residential I and II (VR-I and VR-II)
|
4
| |
|
Village Business (VB)
|
32
| |
|
Gateway Corridor (GC)
|
16
| |
|
Secondary Gateway Corridor (SGC)
|
8
| |
|
Industrial (I)
|
32
|
F.
Height. The bottom of a freestanding sign shall not restrict the
visibility of vehicles entering or leaving any intersection or driveway,
Village, county or state highway, or private road. Maximum allowable
height is 12 feet, measured from grade level to the top of the sign
or any part of its structure.
G.
Setback. Freestanding signs and their associated support structures
shall be set back at least three feet from the inner edge of sidewalks;
where sidewalks do not exist, the setback shall be at least eight
feet from the traveled way or edge of pavement of the street or highway.
H.
Businesses without frontage on a public road. In cases where a business
is located on a parcel which does not have frontage on a public road
and is served by a legally deeded right-of-way through a parcel which
does have such frontage, said right-of-way shall be considered as
a part of the business's lot for purposes of an allowable freestanding
sign. However, any such sign must be shared with the front parcel.
This subsection shall not be interpreted to increase the number or
size of freestanding signs allowed on any parcel or lot.
I.
Business directory signs.
(1)
If the Planning Board finds that a shared roadside information sign
is appropriate and necessary to inform the public of the location
of multiple businesses, in addition to any freestanding sign that
may be permitted, there may also be permitted a single freestanding
sign that shall be shared by all businesses which share a single access
road off of a major public road. This sign shall be subject to all
other sections of this chapter (for example, design review) and shall
be no larger than the largest sign otherwise allowed in that particular
zoning district in the Village. To maximize the effectiveness of this
sign, consideration should be given to a single "place name" rather
than simply a list of land uses or businesses.
(2)
This provision is limited to those lots which do not have frontage
on a public road, i.e., those uses on rear lots where the otherwise
allowed sign would not be visible to the traveling public. This provision
shall not be interpreted to interfere with the rights of the underlying
landowner (over whose land the access road traverses) to have his
own separate sign under this chapter.
A.
Number.
If there is no freestanding sign on the lot, then two flush-mounted
signs per business are allowed on the building where the advertised
activity exists. If there is a freestanding sign on the lot, then
each business is allowed one flush-mounted sign on the building where
the advertised activity exists. In addition, one three-square-foot
flush-mounted sign may be permitted at the rear entrance of each business
on a lot, provided that:
B.
Size. The
maximum allowable size of flush-mounted signs in the Village Business
(VB) and Industrial (I) Districts is 60 square feet. Flush-mounted
signs in the Village Residential I, Village Residential II, Gateway
Corridor, Secondary Gateway Corridor, and Suburban Residential Districts
shall be no larger than eight square feet, unless otherwise regulated
in this chapter. The dimensions shall be defined by the extreme limits
of the writing, representation, emblems, or physical structure of
the sign, whichever is largest. Where mounted on a wall, these signs
shall protrude no more than six inches from the wall.
Projecting signs may be substituted for allowable flush-mounted
signs on a one-for-one basis. These signs shall not exceed eight square
feet in size and shall not extend further than four feet away from
the building. For safety reasons, the lowest part of the sign or its
support structures shall be at least eight feet above the sidewalk
or grade directly beneath the sign.
Where a covered walkway exists on a building with more than
four tenants in separate business, each tenant may have one two-square-foot
sign which is hung from the soffit. This sign shall be hung in front
of the entrance to the business which it advertises and hung in a
direction perpendicular to the walkway so that it is legible to pedestrians
on the walkway. Soffit signs are permitted in addition to any other
sign allowed in this chapter.
The Code Enforcement Officer may require the adjustment or relocation
of any sign to help ensure vehicular and pedestrian safety.
No sign may be attached to, placed upon, or painted upon utility
poles, rocks, or other natural features. Flush-mounted signs shall
be mounted in traditional locations which fit with the architectural
design of buildings, such as over entrance doors. No sign may be placed
on the roof of any building or structure.
B.
Lighting on any sign shall be directed and shielded so that the light
shines only on the subject sign and to prevent glare off site, into
the sky, or onto adjoining properties or roads and highways. All bulbs
shall be shielded or hooded. All ground-mounted fixtures shall be
screened by bushes or other appropriate means; all fixtures mounted
on the sign itself shall blend in with the background color of the
sign or its surroundings, as deemed appropriate for the site. Lighting
on any sign shall be limited to a total of 150 watts of incandescent
light or its equivalent, unless otherwise authorized for unique site-
or sign-specific reasons. Where a sign or its lighting fixtures are
being replaced or substantially altered, then lighting shall be brought
up to these standards. Applicants must demonstrate that lighting fixtures
will satisfy these standards and are appropriate for site-specific
needs and circumstances.
C.
Internally illuminated signs existing on the date of adoption of
this chapter may remain "as is," even if minor changes to such signs
(such as changing business names or sign faceplates) are proposed.
However, more significant changes to these signs (such as changes
in location or to the physical size or structure) will require complete
compliance with the local law in effect at that time.
D.
The Code Enforcement Officer may require the adjustment or relocation
of any sign lighting in order to prevent glare and to ensure vehicular
and pedestrian safety. No luminous sign, indirectly illuminated sign,
or lighting device shall be placed or directed so as to cast glare
or diffused beams of light upon any public street, highway, sidewalk,
or adjacent premises, or otherwise to cast glare or reflection that
may constitute a traffic hazard or public nuisance. No sign shall
in its construction employ any mirror or mirror-like surface, nor
any day glowing or other fluorescent paint or pigment. No sign shall
be illuminated by or contain flashing, intermittent, rotating, or
moving lights. All luminous signs, indirectly illuminated signs, and
lighting devices shall employ only white/clear lights emitting light
of constant intensity.
E.
Indoor internally illuminated window signs may be displayed, and
may cover up to 25% of the total window area per business.
No sign or part thereof shall contain or consist of any banner,
pennant, ribbon, streamer, balloons, spinner or other similar moving,
fluttering, or revolving device. Such devices shall be prohibited
even if they have no message or logo on them. Said devices, as well
as strings of lights and projecting laser beam signs, shall not be
used for advertising or attracting attention whether or not they are
part of any sign. No sign or part thereof may rotate or move back
and forth.
A.
Subdivision or housing projects. Subdivisions or housing projects
are permitted one freestanding sign for identification purposes, and
not exceeding eight square feet. The intent is that these signs not
be internally illuminated.
B.
Gas station signs. The following signs are permitted:
C.
Signs announcing an auction, sale, or special entertainment event
may be allowed up to four times per calendar year per business. These
signs shall:
D.
Window signs.
(1)
Window signs may be displayed, and may cover up to 25% of the total
window area per business on the side of the building where such signs
are located.
(2)
Window stenciling or lettering, placed on the inside of a window,
is allowed as a part of a business's total window coverage. This
shall be measured in the same way as other signs, by drawing an imaginary
polygon around the outside edge of all letters or emblems as if they
were a single sign and then measuring the size of that polygon.
(3)
Open/closed signs are not to be considered window signs for calculation
of window coverage. Indoor internally illuminated window signs may
be displayed, and may cover up to 25% of the total window area per
business.
E.
Contractors' signs and real estate signs.
(1)
Such signs may be placed as described below or installed as a freestanding
sign in addition to any other signs lawfully permitted on a lot. Otherwise,
all requirements of this chapter shall be satisfied (permits, design
review, number and type of signs allowed, prohibitions, etc.).
(2)
The physical structure of such signs shall be no larger than eight
square feet, not including support posts, which shall be proportional
with the size of the sign.
(3)
Signs are removed immediately upon completion of construction or
the sale or lease of the advertised real estate. Contractor signs
must not exceed one year.
(4)
Notwithstanding other sections of this chapter related to window
signs, signs placed in windows advertising the sale or lease of real
estate are limited in size to a maximum of three square feet (but
not in addition to or in excess of the twenty-five-percent coverage
rule governing window signs).
F.
Signs for civic, religious, fraternal, political, nonprofit, or charitable
groups.
(1)
The Code Enforcement Officer shall have the authority to issue a
permit for display of signs, banners, or other advertising displays
of any nature, on a temporary basis (not to exceed six months), to
any civic, religious, fraternal, political, nonprofit, or charitable
group. Proof of such status may be required. Applications and permits
shall specify the location or locations of such signs and devices,
the starting and expiration dates of such use, and the responsibility
for removal.
(2)
Bona fide civic organizations may each be permitted a single sign
up to eight square feet in size at the Village line at each entrance
to the Village along state highways (Route 9N), signifying the existence
of a local chapter of that organization and its regular meeting time
and place. These signs shall all be placed upon a single signboard,
no more than 32 square feet in size, and approved through the design
review process.
G.
Vending machines. Vending machines which are traditionally located
outside of commercial buildings, such as those which house or dispense
soda, ice, windshield wipers, propane gas cylinders and the like,
may incorporate unilluminated sign(s) advertising the product being
sold. No vending machine may be internally illuminated. All vending
machines shall comply with this requirement; vending machines existing
on the date of adoption of this chapter shall comply within 90 days
of that date.
H.
Temporary signs. One temporary sign per business, made of rigid material
and up to eight square feet in size, may be permitted by the Code
Enforcement Officer and may be displayed for no more than 30 days,
under the following circumstances:
(1)
A permit has been issued for a new land use or business;
(2)
A certificate of occupancy has been approved for that use or business;
(3)
A complete sign application has been submitted for a permanent sign
for that use or business; and
(4)
The Code Enforcement Officer finds that the temporary sign conforms
to this chapter and to generally accepted practices and/or any adopted
design guidelines; otherwise, this sign may be reviewed through the
design review process.
The following signs are exempt from the provisions of this chapter except § 407-18, Prohibited signs:
A.
Signs located on or in a rolling stock of common carriers, provided
that such rolling stock is not regularly parked near a highway in
such a way that the rolling stock becomes the functional equivalent
of a prohibited or nonconforming sign.
B.
Signs on registered and inspected motor vehicles except those which
are determined by the Building Inspector to be circumventing the intent
of this chapter.
C.
Signs with an area not more than 260 square inches identifying stops
or fare zone limits of common carriers by motor bus.
D.
Posters as defined in this chapter. The general intent is to allow
noncommercial individuals or not-for-profit organizations a reasonable
opportunity to advertise events such as yard sales or charitable events
or to place directional signs for special events, not to allow commercial
entities to post additional signs not otherwise permitted in this
chapter. Any person erecting a poster is responsible for its removal
immediately upon the conclusion of the advertised event or after four
days, whichever is sooner. The name and telephone number of the person
responsible for removal of the poster shall be on the poster so as
to be visible upon inspection.
E.
Political signs must be removed within 10 days after the election
is held. The name and telephone number of the person seeking election,
as the person responsible for removal of the poster, shall be on the
poster so as to be visible upon inspection.
F.
Signs erected by the Village of Corinth and/or its School District.
G.
Signs erected by the State of New York or any of its boards, agencies
or departments.
H.
Small on-premises signs, no more than two square feet in size, which
are necessary for and displayed for the direction, instruction, or
convenience of the public, including signs which identify rest rooms,
freight entrances, posted areas, or the like. Up to two such signs
per lot are exempt under this provision; the Building Department may
issue permits for additional signs, upon filing of a sign application
and a demonstration of the necessity for those signs. The clear intent
of this provision is to allow for small signs providing information.
Lettering shall be generic and advertising or logos (including business
names) are prohibited on directional signs placed in the front yard
of a lot. These signs shall not be illuminated. Where freestanding,
these signs shall not be more than three feet high and shall not obstruct
pedestrian or vehicular safety or circulation. Where building-mounted,
these signs shall be placed in appropriate locations related to safety
issues and architectural design.
I.
Residential signs as defined in this chapter.
J.
Informational signs up to 16 square feet in size, on lands which
have been conserved by easement or other permanent, protective measures.
K.
Open house signs.
A.
[1]No sign may be installed or maintained along and visible
from a street or highway which:
(1)
Interferes with, imitates, or resembles any official traffic control
sign, signal or device, or attempts or appears to attempt to direct
the movement of traffic.
(2)
Prevents the driver of a motor vehicle from having clear and unobstructed
view of official traffic control signs and approaching or merging
traffic.
(3)
Contains, includes or is illuminated by any flashing, intermittent
or moving lights or contains or consists streamers or spinners, or
other moving devices, or has any animated or moving parts, except
traffic control signs. Commercial holiday decorations or displays
are specifically excluded from this restriction from one week before
Thanksgiving until January 31. Seasonal lights employing customary
strings of white lights are specifically excluded from this restriction
during the "dark season" as defined by Eastern Standard Time (from
the last Sunday in October to the first Sunday in April) that part
of the year when Eastern standard time is in effect in the Village.[2]
(4)
Contains any lighting that is not shielded to prevent light from
being directed off site, or at any portion of the traveled highway
or street, or is of such intensity or brilliance as to cause glare
or to impair the vision of the driver of any motor vehicle, or otherwise
to interfere with the operation thereof.
(5)
Is fraudulent or misleading, or is in violation of or at variance
with any federal law or regulation, including one containing or providing
for conditions to or affecting the allocation of federal highway or
other funds to the benefit of the state or any subdivision thereof.
(6)
Advertises activities which are illegal under state or federal law.
(7)
Is not clean and in good repair.
No signs or advertising shall remain on a nonoperational business
premises more than 30 days after the business has closed. A thirty-day
extension may be granted by the Code Enforcement Officer. The Code
Enforcement Officer may allow sign structures without advertising
messages to remain in place where appropriate and usable by a subsequent
business.
The projection of an image on the side of a building is prohibited.
This prohibition does not apply to private residences displaying seasonal
messages or images on said residence.
Nothing in this chapter shall exempt any applicant for a sign
permit from full compliance with all other applicable state or local
laws.
