[Amended 5-4-1987 by L.L. No. 3-1987; 12-1-1997 by L.L. No.
6-1997]
The intent of these regulations is to promote
and protect public health, welfare and safety by regulating and restricting
the location, construction, repair, removal, alteration and maintenance
of signs and other advertising devices in the Village. The regulations
are intended to promote public safety, to protect property values,
to create a more attractive economic climate and to enhance the scenic
and natural beauty of the Village. It is further intended hereby to
reduce advertising distractions and obstructions that may contribute
to traffic accidents and to reduce hazards which may be caused by
faulty manufacture or unsafe installation of signs overhanging or
projecting over public rights-of-way.
A.
Except for those signs specifically identified in § 200-35, no sign shall be erected in the Village of Springville without a permit issued by the Code Enforcement Officer.
[Amended 5-21-2012 by L.L. No. 5-2012]
B.
The provisions and regulations specified herein apply
only to exterior signs and window signs.
C.
All signs shall be securely attached to a building
or a structurally sound support, and their display surfaces shall
be maintained in structural and visual good repair at all times.
D.
No sign or part thereof or its lighting or design
shall create a traffic hazard or nuisance or be unreasonably detrimental
to adjoining or neighboring properties.
E.
No surface-mounted sign which overhangs a public right-of-way
or sidewalk shall extend a distance of more than 12 inches from the
face of the building to which it is attached, unless an engineer provides
a written statement that the sign is structurally safe.
F.
No sign or part thereof shall contain or consist of
banners, posters, pennants, ribbons, streamers or similar fluttering
devices that shall in any way interfere with public safety or create
a public nuisance.
G.
No portable/movable signs shall be placed on any premises in the Village except for signs which are specifically approved under § 200-35.
H.
No sign shall be attached to fences, utility poles
or trees on any public property without the written permission of
the Village Board of Trustees.
I.
No sign shall be permitted which advertises business
uses or services other than those which exist on the premises on which
said sign is located.
[Amended 2-9-2004 by L.L. No. 2-2004]
J.
The regulations specified herein shall not apply to
any sign or directional device erected by any governmental agency,
nonadvertising signs identifying underground utility lines or posted
or preserve signs erected pursuant to the Environmental Conservation
Law of the State of New York.
K.
No sign shall be erected in such a manner as to confuse
or obstruct the view of any traffic sign, signal or device.
L.
No sound amplifiers, public address systems or other
sound devices shall be used as a means of advertising or to attract
attention to a sign.
M.
There shall be appointed by the Board of Trustees,
under such terms, qualifications and conditions as it determines,
an Architectural Review Board to review and recommend the design,
construction and aesthetics of any proposed sign which requires a
permit.
A.
The total area of all signs erected on a single property
to advertise all of the businesses in a single building, including
building-mounted and freestanding signs, shall not exceed an area
of two square feet for each linear foot of building frontage of the
principal structure measured along the street or off-street parking
area, whichever is greater, that provides the principal access for
the use.
B.
The maximum width of building-mounted signs shall
not exceed 75% of the building walls horizontal measurement, except
that where such horizontal measurement is 20 feet or less, the maximum
width of such signs may be up to 90% of such measurement.
C.
Business and industrial uses may have one detached
or ground identification sign, provided that the building to which
said sign is accessory is set back from the street line a distance
of 40 feet or more. Such sign shall have:
(1)
A maximum area of 40 square feet in a B-1 or VI District
and a maximum of 65 square feet in a CIP District.
(2)
A maximum height measured from the ground level of
18 feet in a business district and a maximum of 25 feet in a CIP District.
(3)
At least three feet of clear space between the signboard
and the ground, provided that necessary supports may extend through
such clear space.
(4)
A setback of at least 20 feet from any property line,
except that if the average front setback of existing buildings within
the same block is less than 10 feet, then the average setback so established
shall be applied to such sign.
D.
Directional signs that do not exceed four square feet
in sign area and are limited to such texts as "Office," "Entrance,"
"Exit," "Parking" and "No Parking" shall be excluded from the limitation
on the total area of signs permitted.
E.
Business signs may be interior lighted with nonglaring
lights or may be illuminated by shielded floodlights; provided, however,
that red and green lights shall be set back at least 75 feet from
the point of intersection of the street lines at a street corner.
Notwithstanding the standard governing the total area of signs permitted to be erected or maintained on any parcel of real property set forth in § 200-31 above, the following standards shall guide the regulation of all signs associated with projects when more than one principal business is proposed to be conducted upon a single parcel of real property, such as in the case of a shopping center, plaza or mall or other multiple-commercial use facility or industrial park.
A.
A single ground or freestanding sign of up to 65 square
feet in area and not more than 25 feet in height in a CIP Zoning District
or up to 40 square feet in area and not more than 18 feet in height
in a B-1 or VI Zoning District may be erected.
B.
Freestanding signs advertising individual businesses
within a shopping center or joint-development project shall be permitted.
C.
One sign identifying individual businesses or uses
may be erected for each separate principal activity and shall be attached
to the face of the building. Such signs shall not exceed the lesser
of two square feet of area for each linear foot of store frontage
or 20% of the surface area of the building face on which the sign
is to be attached.
D.
In a multiple-commercial use facility or industrial
park, there may be one directional sign at any location therein which
shall not exceed four square feet for each acre of land in such commercial
area or industrial park, provided that no such sign shall exceed 20
square feet in area. In addition, at each point of entrance and exit
for vehicular traffic into such multiple-commercial use facility or
industrial park, one other directory sign shall be permitted which
does not exceed two square feet for each acre of land in such multiple-commercial
use facility or industrial park. Such signs shall not exceed a total
area of 12 square feet.
E.
An overall sign design plan for any such center or
facility shall be submitted with the application for the site development
permit. The sign design plan shall include plans for each principal
activity therein and shall reflect a reasonable uniformity of design,
lettering, lighting and material.
A.
One freestanding or building-mounted sign identifying
a home occupation or home professional office may be permitted, provided
that such sign shall not be larger than four square feet in area for
home occupation and shall not be larger than eight square feet in
area for home professional offices, excluding any framing. If such
sign is freestanding, it shall not exceed four feet in height above
the ground level at the sign's location and shall be set back not
less than 15 feet from all property lines. Said signs may only be
illuminated indirectly. The design, construction and aesthetics shall
be reviewed by the Architectural Review Board.
B.
Other than home occupation and home professional office,
businesses lawfully operating in a residential district may be permitted
to have a single building-mounted sign. Such signs shall not exceed
12 square feet in area and may only be illuminated indirectly.
C.
For churches, libraries, social clubs, public buildings
and other similar uses, a single identification sign not exceeding
12 square feet in area and indicating only the name, address and hours
of service of the building may be displayed, except that churches
may include their religious messages. Such signs may be freestanding
or building mounted.
D.
A permanent sign may be erected to indicate the name
of a subdivision. Said sign shall not exceed 40 square feet in area
nor more than six feet in height. Such signs shall not be illuminated
except indirectly.
E.
A sign advertising the sale of property within an
approved subdivision may be permitted, provided that said sign does
not exceed an area of 32 square feet. Said sign shall be located at
the entranceway to the subdivision and may be placed on the property
for a period of three years from the time of subdivision approval
or 30 days following the sale of the last lot in the subdivision,
whichever occurs first.
F.
A sign announcing an invisible fence is permitted.
G.
Building-mounted numbers indicating the address of
a building are permitted if they do not exceed two square feet in
area.
H.
Directional and exit signs are permitted if they do
not exceed two square feet.
I.
Warning signs are permitted if they do not exceed
one square foot.
J.
One freestanding or building-mounted sign bearing
the name of the principal occupant and/or the street address of a
private dwelling which does not exceed two square feet in area shall
be allowed. If such sign is freestanding, it shall not exceed four
feet in height above the ground level at the sign's location and shall
be set back not less than eight feet from all property lines. Said
signs may only be illuminated indirectly.
K.
In R-8.5 and R-6 Zoning Districts, no more than two
signs advertising the sale, lease or rental of a property may be placed
on the site which is available. Such advertising signs shall not exceed
six square feet in area and shall not be erected or displayed within
eight feet of all property lines. Said signs shall be removed from
the premises within seven days after a property has been leased or
rented or the title transferred.
L.
In zoning districts other than R-8.5 and R-6, no more
than two signs advertising the sale, lease or rental of a property
may be placed on the site which is available. Such advertising signs
shall not exceed 32 square feet in area and shall not be erected or
displayed within eight feet of all property lines. Said signs shall
be removed from the premises within seven days after the property
has been leased or rented or the title transferred.
M.
Real estate open-house signs or real estate signs
directing attention to property for sale, lease or rent are permitted
if they do not exceed six square feet in area and are not located
closer than one foot to the street edge or street corner.
[Added 2-6-2017 by L.L.
No. 2-2017]
B.
Shall
be co-located on the freestanding business sign. May be the only freestanding
sign when no freestanding business sign exists.
E.
Advertising
of businesses, products or uses that are not located on that property
is prohibited.
F.
No sign
or part thereof or its lighting or design shall create a traffic hazard
or nuisance or be unreasonably detrimental to adjoining or neighboring
properties.
G.
Only one
sign shall only be allowed per developed property.
[1]
Editor's Note: Former § 200-34, Noncommercial speech
signs, was repealed 5-21-2012 by L.L. No. 5-2012.
[Amended 5-21-2012 by L.L. No. 5-2012]
B.
No portable, movable or temporary sign shall be placed where it unreasonably
obstructs or interferes with pedestrian or vehicular traffic and its
sight lines.
C.
No portable, movable or temporary sign shall be internally or externally
illuminated.
D.
The following types of portable, movable and temporary signs, as defined herein and in § 200-2 and as additionally conditioned below, are allowed and do not require a permit:
(1)
Type A, political: announcing, endorsing or promoting a particular
political party, organization, political candidate or slate of candidates
for public or private office and relating to a scheduled election
or referendum.
(a)
Sign area: No one sign shall exceed an area of 16 square feet,
and the total square footage of all signs on one lot shall not exceed
24 square feet.
(b)
Quantity: a maximum of four signs per lot.
(c)
Duration: shall only be displayed upon the lot for a period
of 21 days prior to the event and shall be removed within three days
after event; however, in the case of a primary election, such signs
shall be removed within 60 days thereafter and shall not remain for
more than three days after the related general or special election
or referendum.
(d)
Zoning: all districts.
(e)
Location: shall be no closer than six feet to any lot line.
(2)
Type B, noncommercial speech: expresses personal convictions or beliefs
as are further provided for under the First Amendment provisions of
the United States Constitution and does not in any way identify a
commercial enterprise or a not-for-profit organization or a product,
commodity or service offered by a commercial enterprise or a not-for-profit
organization.
(a)
Sign area: shall not exceed an area of six square feet each,
nor shall the top of such sign be more than four feet above grade,
and such sign shall have a minimum ground clearance of two feet.
(b)
Quantity: a maximum of two signs per lot.
(c)
Duration: No limit, but shall be maintained in a legible, structurally
sound and weather-resistant condition.
(d)
Zoning: all districts.
(e)
Location: shall be no closer than 15 feet to any lot line.
(3)
Type C, business: announcing or promoting an especially unique and
particular event, such as a grand opening, or a general business district
special event or promotion, such as a sidewalk sale.
(a)
Sign area: shall not exceed an area of 32 square feet each.
(b)
Quantity: A maximum of two signs shall be allowed for each event.
(c)
Duration: shall only be displayed for a period of 30 days prior
to the event and shall be removed within three days following the
event; in no case may such signs be displayed for a period longer
than 45 days in any twelve-month period.
(d)
Zoning: all except residential districts.
(e)
Location: shall be no closer than six feet to any lot line and
shall only be displayed on the lot where the event takes place.
(4)
Type D, variable copy: any sign containing movable letters, numbers,
print, symbols or pictorial matter for potential periodic changing.
(a)
Sign area: shall not exceed an area of 32 square feet.
(b)
Quantity: A maximum of one sign shall be allowed per business.
(c)
Duration: shall only be displayed for a single period of no
more than 30 consecutive days within any calendar year, regardless
of sign content.
(d)
Zoning: all except residential districts.
(e)
Location: shall be no closer than six feet to any lot line.
(5)
Type E, garage or yard sale: announcing a private owner's merchandise
sale at a residence, such as a properly licensed lawn, yard, estate
or garage sale.
(a)
Sign area: shall not exceed an area of six square feet each.
(b)
Quantity: a maximum of two signs per lot.
(c)
Duration: shall only be displayed for a period not to exceed
three days prior to the event and shall be removed within one day
following the event.
(d)
Zoning: all districts, but only on residential lots.
(e)
Location: shall be posted only on the lot where the sale takes
place and shall be no closer than six feet to any lot line.
(6)
Type F, auction: advertising an auction at a residence or business,
other than a regularly scheduled auction site.
(a)
Sign area: shall not exceed an area of 16 square feet each.
(b)
Quantity: a maximum of two signs per lot.
(c)
Duration: shall only be displayed for a period not to exceed
one week prior to the event and shall be removed within one day following
the event.
(d)
Zoning: all districts.
(e)
Location: on the site of the auction, and shall be no closer
than six feet to any lot line.
(7)
Type G, charitable: announcing a special charitable or collection
event sponsored by an individual, a business, a health-related organization,
a church or other not-for-profit, religious, cultural, civic, educational,
political or service organization or other eleemosynary group.
(a)
Sign area: shall not exceed an area of eight square feet unless
it is displayed on real property owned by the sponsoring organization,
in which case the sign may not exceed an area of 32 square feet.
(b)
Quantity: a maximum of one sign per lot.
(c)
Duration: shall only be displayed for a period of 30 days prior
to the event and shall be removed within three days following the
event, and in no case longer than 45 days in any calendar year.
(d)
Zoning: all districts.
(e)
Location: shall be no closer than six feet to any lot line.
(8)
Type H, two-sided sidewalk or sandwich sign: a freestanding sign
that advertises a product or service on that lot.
(a)
Sign area: two-sided, not to exceed two feet in width and four
feet in height.
(b)
Quantity: a maximum of one sign per business entity.
(c)
Condition and duration: weather resistant, having such weight
as to withstand wind, and may be displayed only during business hours
and shall be removed each day at close of business.
(d)
Zoning: other than residential districts.
(e)
Location: Placement shall be no closer than one foot to the
street edge, and such sign shall not unreasonably obstruct pedestrian
traffic.
(9)
Type I, real estate, residential: advertising the sale, lease or
rental of real property.
(a)
Sign area: shall not exceed an area of nine square feet each.
(b)
Quantity: a maximum of two signs per lot.
(c)
Duration: shall be removed from the premises within seven days
after a property has been leased or rented or the title transferred.
(d)
Zoning: in R-8.5 and R-6 Zoning Districts.
(e)
Location: placed on the site which is available and shall not
be erected or displayed within eight feet of any property line.
(10)
Type J, real estate, nonresidential: advertising the sale, lease
or rental of real property.
(a)
Sign area: shall not exceed an area of 32 square feet each.
(b)
Quantity: a maximum of two signs per lot.
(c)
Duration: shall be removed from the premises within seven days
after the property has been leased or rented or the title transferred.
(d)
Zoning: other than R-8.5 and R-6 Zoning Districts.
(e)
Location: shall only be placed on the site which is available
for sale or rent; shall not be erected or displayed within eight feet
of any property line, except that such sign may be displayed on the
building being offered for sale or rent.
(11)
Type K, event location: directs attention to the location of
a scheduled event or real estate open house for which a Type E, F,
I or J sign would be permitted.
(a)
Sign area: shall not exceed an area of six square feet each.
(b)
Quantity: a maximum of one sign per intersection and no more
than two signs within the Village.
(c)
Duration: shall only be on display for a period of three days
prior to the event and shall be removed within one day thereafter.
(d)
Zoning: all districts.
(e)
Location: not located closer than one foot to the street edge;
shall be supported on its own and shall not be attached to any utility
pole, light pole, traffic sign, or other permanent structure.
(12)
Type L, construction: advertising or describing construction
activity or a firm doing work related to construction on the premises
on which the sign is located.
(13)
Type M, subdivision: advertising the sale of property within
an approved subdivision.
(a)
Sign area: shall not exceed an area of 32 square feet.
(b)
Quantity: a maximum of one sign per entrance to a subdivision.
(c)
Duration: shall only be on display for a period of three years
from the time of subdivision approval or 30 days following the sale
of the last lot in the subdivision, whichever occurs first.
(d)
Zoning: all districts.
(e)
Location: shall be located at the entranceway to the subdivision
or as otherwise directed by the Planning Board through site plan review.
(f)
Sign area and duration may also be otherwise regulated by the
Planning Board as a part of the site plan review process.
(14)
Type N, feather and flag-type signs.
[Added 2-6-2017 by L.L.
No. 2-2017]
(a)
Sign area: maximum eight feet tall and 2.5 feet wide flag area with
a maximum height of 12 feet.
(b)
Quantity: one per business
(c)
Duration: during business hours
(d)
Zoning: allowed on all nonresidential properties in all districts.
(e)
Location: must remain outside of the right-of-way of the street on
the property the business is located. Exception, B1 District may be
allowed in the area between the curb and the sidewalk. All must not
interfere with pedestrian or vehicular traffic.
E.
Violations; notice of compliance; removal.
(1)
Signs regulated by this section that are improperly placed in the
public right-of way or remaining beyond the duration allowed may be
removed and destroyed by any employee of the Village of Springville
at the direction of the Code Enforcement Officer. If it can be determined
who placed the sign in violation, that property owner, tenant or company
shall be mailed a notice of compliance.
(2)
In the event that a sign placed on public or private property is
deemed by the Code Enforcement Officer to be in violation of this
article, the property owner, tenant or occupant shall be mailed a
notice of compliance requiring the removal of such sign in five days.
Upon failure to comply with such notice within the prescribed time,
the Code Enforcement Officer is hereby authorized to remove or cause
the removal of such sign. All costs and expenses incurred in removing
said sign shall be charged to the owner of the sign and/or the owner
of the land or building on which such sign is located.
A.
Nonconforming signs shall not be altered, rebuilt
and enlarged, extended or relocated unless such action changes a nonconforming
sign into a conforming sign as provided herein. The failure to keep
any such nonconforming sign in good repair within a period of 10 days
after due notification by the Code Enforcement Officer shall constitute
abandonment of the sign. A sign which is abandoned shall not be reused
and shall be removed by or at the expense of the property owner.
B.
If a project subject to zoning review(s) is proposed
for a parcel of property upon which a legally preexisting sign which
does not conform to these standards is located, the reviewing agency
shall require that said nonconforming sign be brought into compliance
as a condition of the approval of the proposed action.
C.
Notwithstanding the above, any dangerous, hazardous,
unsafe or unsightly sign will be required to conform to this article.
All applications for a sign permit shall be
made, in writing, upon the forms prescribed and provided by the Code
Enforcement Officer, and shall be accompanied by the required fee,[1] as set forth by Board resolution from time to time.
A.
All applications shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location of the building, structure or land to
which or upon which the sign is to be erected.
(3)
A detailed drawing or blueprint showing a description
of the construction details of the sign, colors, lettering and/or
pictorial matter composing the sign; the position of lighting or other
extraneous devices; and a location plan showing the position of the
sign on any buildings or structures or location on the property, including
any private or public street or highway.
(4)
Written consent of the owner of the building, structure
or land to which or on which the sign is to be erected, in the event
that the applicant is not the owner thereof.
B.
All applications for a sign permit shall be submitted
to the Code Enforcement Officer for approval. Prior to rendering a
decision on the application, the Architectural Review Board shall
review the design, color and composition of the proposed sign to determine
whether the proposed sign is in compliance with the character aesthetics
and other design conditions set forth in this chapter. Upon the completion
of this review, the Code Enforcement Officer may approve, approve
with conditions or reject the application.
[1]
Editor's Note: The schedule of fees is on
file in the Village offices.
It shall be the duty of the Code Enforcement
Officer, upon the filing of the application for said permit, to examine
all of the data submitted with the application and, if necessary,
the building or premises upon which it is proposed to erect the sign
or other advertising structure. If it shall appear that the proposed
sign is in compliance with all of the requirements of this chapter
and other rules and regulations of the Village of Springville and
has been approved as to size and location, as provided for herein,
a permit for the erection of the proposed sign shall be issued. If
the sign authorized under any such permit has not been completed within
six months from the date of the issuance of such permit, the permit
shall become null and void, but may be renewed for one additional
six-month period upon the approval by the Code Enforcement Officer
and upon payment of an additional fee. A request which cites the reason
for requesting the extension for the completion of the sign shall
be submitted, in writing, to the Code Enforcement Officer not more
than 30 days following the first six-month expiration period.
A.
The Code Enforcement Officer shall notify the owner
of any sign which no longer serves the purpose for which a permit
was granted or is unsafe, insecure or is a menace to the public or
has been erected or installed in violation of this chapter, in writing,
to remove or correct the unsatisfactory condition of said sign within
30 days from the date of such notice.
B.
Upon failure to comply with such notice within the
prescribed time, the Code Enforcement Officer is hereby authorized
to remove or cause the removal of such sign. All costs and expenses
incurred in removing said sign shall be charged to the owner of the
sign and/or the owner of the land or building on which such sign is
located.
C.
The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily upon written notice to that effect. Failure to comply within 24 hours of such notice shall serve as an authorization to the Code Enforcement Officer to remove or cause the removal of such sign, with all costs and expenses charged as provided for Subsection B above.
No person, corporation or association shall
post or hang or cause to be posted or hung any handbill, notice or
placard upon any post, utility pole, tree or fence, bridge or wall
of a building or other object or deposit the same in any vehicle or
in any street or public place in the Village of Springville.
No person, firm or corporation shall put up
or maintain any sign or other advertising device above the sidewalks
of the Village of Springville, unless the parts of the sign, including
support structures, maintain seven feet of clearance above the sidewalk.
