A.
The purpose of this Article 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 that may be caused
by signs overhanging or projecting over public rights-of-way, provide
more visual open space and enhance the appearance and attractiveness
of the Village of Albion.
B.
This Article is intended to promote attractive signs
which clearly present the visual message in a manner that is compatible
with its 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.
[Amended 4-11-2012 by L.L. No. 2-2012; 7-12-2017 by L.L. No. 2-2017]
A.
No illuminated signs or outdoor illumination shall direct light in
a way which would create a traffic hazard or nuisance or be unreasonably
detrimental to adjoining or neighboring properties.
B.
No sign shall be erected in such a manner as to confuse or obstruct
the view of any traffic sign, signal or device.
C.
No sign or part thereof shall contain or consist of banners, posters,
pennants, ribbons, streamers, spinners or similar fluttering devices.
D.
No sign shall consist of animated or moving parts.
E.
No sign shall be attached to fences, utility poles or trees.
F.
No sign or sign support shall be erected or maintained above the
peak of the roof of any building or structure.
G.
No sign which obscures visibility at elevations between three and
seven feet above street level shall be placed or maintained within
25 feet of the intersection of the street or highway lines.
H.
No motor vehicle, mobile home or trailer on which is placed or painted
any sign shall be parked or stationed in a manner primarily intended
to display the sign.
I.
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.
K.
No advertising message shall be extended over more than one sign
placed along a street or highway.
L.
Electronic changeable message signs are prohibited within the Historic
District but are otherwise permitted, subject to the following limitations:
(1)
The maximum brightness of the sign shall be 0.3 footcandle above
ambient light as measured using a footcandle (lux) meter. All electronic
changeable message signs shall come equipped with automatic dimming
technology which automatically adjusts the sign's brightness
in direct correlation with natural ambient light conditions at all
times. No electronic changeable message signs shall exceed a brightness
level of 0.3 footcandle above ambient light as measured using a footcandle
(lux) meter at a preset distance depending on sign area. Prior to
the issuance of any permit, the owner shall provide the Village with
a certification from the sign manufacturer stating that the sign is
capable of complying with the above brightness provisions.
(2)
Electronic changeable message signs must be designed and equipped
to freeze the device in one position if a malfunction occurs. The
displays must also be equipped with a measure to immediately discontinue
the display if it malfunctions.
(3)
The images and messages displayed must be static, and the transition
from one static display to another must be instantaneous, with no
special effects, or the transition may provide a black screen for
at least one second.
(4)
Each line of copy and graphics in an electronic changeable message
sign must be at least six inches in height.
(5)
Electronic changeable message signs shall not include animation,
full-motion video, flashing, scrolling, strobing, racing, blinking,
or changes in color, fade in or fade out in any manner imitating movement,
or any other means not providing constant illumination.
(6)
Each message shall be illuminated for at least 10 seconds before
transitioning to a new message, except for electronic changeable message
signs within 250 feet of an interchange, an at-grade intersection
not controlled by a stop sign or stop light, a signed curve, or a
pedestrian walkway, then each message shall be illuminated for at
least 30 seconds before transitioning to a new message.
(7)
The images and messages displayed must be complete in themselves,
without continuation in content to the next image or message or to
any other sign.
(8)
Electronic changeable message signs must be constructed perpendicular
with the road in all residential zoned districts, whether single-family,
multifamily, townhouse, or mixed use where residential housing is
permitted, except for corner lots where the electronic changeable
message sign shall not be located within 25 feet of the point of intersection
of the curb or edge of two intersection streets and the placement
of said sign can be arranged so that the sign can be read from the
intersection. The electronic message in all residential zoned districts
shall not be displayed between the hours of 10:00 p.m. and 6:00 a.m.
A.
All internally illuminated signs shall be constructed
in conformance with the Standards for Electric Signs of the Underwriters
Laboratories, Inc., and bear the seal of the Underwriters Laboratories,
Inc.
B.
If such sign does not bear the seal of the Underwriters
Laboratories, Inc., the sign shall be inspected and certified by an
electrical inspector, as defined by the Fire Prevention and Building
Code of the Village of Albion. All transformers, wires and similar
items shall be concealed. All wiring to freestanding signs shall be
underground.
C.
All signs, including wall-mounted and projecting signs,
shall be securely anchored and shall not swing or move in any manner.
D.
All signs, sign finishes, supports and electrical
work shall be kept clean and painted and free from all hazards, such
as but not limited to faulty wiring and loose supports, guys and anchors.
E.
All projecting, freestanding or wall-mounted signs
shall employ acceptable, safe materials.
F.
All signs shall be painted and/or fabricated in accordance
with generally accepted standards.
A.
Wall signs.
(1)
Wall signs shall not extend beyond the ends or over
the tops of the walls to which attached and shall not extend above
the level of the second floor of the building.
(2)
Wall signs shall not extend more than nine inches
from the face of the building to which attached.
(3)
Any part of a sign extending over pedestrian traffic
areas shall have a minimum clearance of eight feet above grade.
(4)
Copy-change wall signs shall not be permitted.
B.
Freestanding signs.
(1)
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.
(2)
Unless otherwise specified herein, no freestanding
sign shall be located closer than 15 feet to the front property line
nor closer than five feet to the side property line. No freestanding
sign may be located closer than 25 feet to another freestanding sign.
(3)
No freestanding sign, except for directory signs as
provided for herein, shall be more than 48 square feet in area per
side.
(4)
No freestanding sign shall be more than 20 feet in
height above finished grade. Such height shall be measured vertically
from the established 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.
(5)
No freestanding sign shall extend over or into the
public right-of-way, nor shall it overhang the property lines.
(6)
Freestanding signs under which a pedestrian walkway
or driveway passes shall have a ten-foot vertical clearance.
(7)
Masonry wall-type signs shall not exceed four feet
in height and shall not be placed so as to impair visibility for motorists.
(8)
Illuminated freestanding signs shall require site
plan review by the Village of Albion Planning Board.
D.
Directory signs. Sign directories shall contain identification
of and direction to several business enterprises, but shall contain
no promotional advertising.
E.
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 of the awning 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.
F.
Projecting signs. Projecting signs shall not be permitted.
The following signs may be erected and maintained
without permits and fees, provided that such signs comply with the
general requirements of this chapter and other conditions specifically
imposed by the regulations, rules and laws of the Village of Albion:
A.
Historical markers, tablets and statues, memorial
signs and plaques; names of buildings and dates of erection when cut
into masonry surface or when constructed of bronze, stainless steel
or similar material; and emblems installed by government agencies
or religious or nonprofit organizations. Such signs shall not exceed
six square feet in area.
B.
Flags and insignia of any government, except when
displayed in connection with commercial promotion.
C.
Any sign placed by any governmental agency for public
purposes or any nonadvertising sign identifying underground utility
lines.
D.
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 two square feet per face and six feet in height. Business
names and personal names shall be allowed, excluding advertising messages.
E.
Nonilluminated warning, private drive, posted or "no
trespassing" signs, not exceeding two square feet per face.
F.
Number and nameplate identifying residents, mounted
on house, apartment or mailbox, not exceeding two square feet per
face.
G.
Private-owner merchandise sale signs for garage sales
and auctions, not exceeding four square feet for a period not to exceed
seven days.
H.
Temporary nonilluminated "For Sale," "For Rent," real
estate signs and signs of a similar nature, concerning premises upon
which the sign is located: in a residential zoning district (R-1,
R-2, R-3, R-MH, R-C), one sign not exceeding six square feet in area
per side; in a business, commercial or industrial zoning district
(CBD, GC, PC, LI), one sign not to exceed 24 square feet in area,
set back at least 10 feet from all property lines. All such signs
shall be removed within three days after the sale, lease or rental
of the premises or property.
I.
Holiday decorations, including lighting, in any district.
J.
Integral graphics or attached price signs on gasoline
pumps at gasoline stations.
K.
Directional signs for meetings, conventions and other
assemblies.
L.
One sign, not exceeding six square feet in the residential
zoning districts (R-1, R-2, R-3, R-MH, R-C) nor 16 square feet in
area in the business, commercial or industrial districts (CBD, GC,
PC, LI), listing the architect, engineer, contractor and/or owner,
on premises where construction, renovation or repair is in progress.
M.
Temporary, nonilluminated window signs and posters
not exceeding 16 square feet in area or 25% of the window area, whichever
is smaller.
A.
Political posters, banners, promotional devices or
other temporary signs advertising any political, educational, charitable,
civic, religious or like campaign or event, and similar signs. Such
signs shall not exceed eight square feet in area in the residential
districts (R-1, R-2, R-3, R-C, and R-MH) nor 16 square feet in area
in the business, commercial or industrial districts (CBD, GC, PC and
LI). Such signs may be displayed for a period of up to 60 consecutive
days and shall be removed within seven days following the election
or event advertised.
B.
If such temporary signs are not removed within the
seven-day period, the Code Enforcement Official is authorized to remove
said signs and to charge all costs incident to the removal of the
sign or signs to the organization responsible for the placement of
the signs.
C.
Temporary signs shall not be attached to fences, trees,
utility poles, bridges or traffic signs and shall not obstruct or
impair vision or traffic in any manner or create a hazard or disturbance
to the health and welfare of the general public.
Notwithstanding the other provisions of this
article, noncommercial speech signs may be displayed without a permit
subject to the following regulations:
A.
Noncommercial speech signs, residential districts
(R-1, R-2, R-3, R-MH and R-C). Noncommercial speech signs may be permitted
in any residential district without a sign permit, subject to the
following conditions:
(1)
The maximum number of noncommercial speech signs per
lot shall be two, excepting posted or preserve signs erected pursuant
to the Environmental Conservation Law of the State of New York.
(2)
Of the total number of signs, only one shall be a
window sign. No window sign shall exceed 25% of the total window opening
or two square feet, whichever is smaller.
(3)
A building-mounted sign may not exceed two square
feet in total area. Any building-mounted sign shall be located in
proximity to an exterior entrance.
(4)
A freestanding sign, unless otherwise specified herein,
shall:
(a)
Not exceed six square feet in sign area;
(b)
Not exceed four feet in height above grade;
(c)
Maintain a minimum ground clearance of two feet;
(d)
Not be closer to any lot line than 1/2 of the
required setback;
(e)
Not interfere with vehicle site distances either
from, along or to a public way; and
(f)
Not be illuminated, except indirectly.
B.
Noncommercial speech signs, business and industrial
districts (CBD, GC, PC, LI).
(1)
Noncommercial speech signs associated with nonresidential
uses may be allowed in any business or industrial district without
a sign permit, subject to the following conditions:
(a)
The maximum number of noncommercial speech signs
per lot shall be two, excepting posted or preserve signs erected pursuant
to the Environmental Conservation Law of the State of New York.
(b)
Such signs shall not exceed 20 square feet in
area.
(c)
Freestanding noncommercial speech signs shall
not be closer to any lot line than 1/2 of the required setback.
(d)
Freestanding noncommercial speech signs shall
not exceed six feet in height above grade level.
(e)
Building-mounted noncommercial speech signs
shall be located on the first-floor front facade of the structure.
(f)
Noncommercial speech signs shall not be illuminated,
except indirectly.
Within any zoning district, a sign permit may
be granted for erection or alteration of the following types of permanent
signs, provided the number and total area of signs shall conform to
the regulations in this article:
A.
Off-premises directional signs for the convenience
of the general public and for the purpose of directing persons to
a business, activity, service or community facility may be erected,
provided that such signs do not exceed 10 square feet per establishment
or not more than two such signs per establishment. The message shall
be limited to the name or identification, arrow or direction and distance.
Advertising messages shall be prohibited.
B.
Nonilluminated, single-sided real estate development
signs, including signs for industrial and commercial development,
residential subdivisions or construction signs denoting the architect,
engineer and/or contractor, not exceeding 32 square feet in the business,
commercial and industrial districts (CBD, GC, PC and LI) nor 16 square
feet in residential districts (R-1, R-2, R-3, R-MH and R-C), may be
erected on property being sold, leased or developed. Such sign shall
be erected parallel to the fronting street or highway and shall be
set back a minimum of 15 feet from the property line or attached to
the face of the building. Such sign shall be removed upon the completion
of the project and shall be in place for a period not exceeding two
years.
C.
For residential subdivisions, multiple-family dwellings
or developments or townhouse developments, one sign identifying the
name of the development not exceeding 16 square feet shall be permitted.
One such sign shall be permitted for each entrance on a different
street or highway.
D.
Signs or bulletin boards customarily incident to places
of worship, libraries, museums, social clubs or societies may be erected
on the premises of such institutions. One such bulletin board, not
exceeding 16 square feet in area, may be erected for each entrance
on a different street or highway.
E.
Recreation areas, day camps, golf clubs and other
similar facilities permitted in this Zoning Chapter shall in all zones
be permitted one sign not exceeding 16 square feet in area.
F.
Signs necessary for the identification, operation
or production of a public utility, not exceeding 16 square feet in
area, may be erected on the premises of such public utility.
Within business, commercial and industrial districts
(CBD, GC, PC and LI), the following provisions shall apply:
A.
The total number of permitted signs on a single business,
commercial 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 not exceed one square foot per linear foot of building
front, plus 1/4 square foot for every foot the principal building
is set back from the street line, up to a maximum of 120 square feet.
However, each lot shall be permitted a minimum cumulative sign area
of 32 square feet.
C.
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 in area. Only one such
sign per establishment shall be permitted, with the area of such sign
structure included within the total sign area permitted.
D.
Illuminated signs which indicate the time, temperature,
date or similar public service information shall not exceed 32 square
feet in area and shall not employ less than 60% of the total sign
area, each side, for said public service information.
E.
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 0 feet from the edge of the pavement, not exceeding
eight feet above grade nor situated so as to impair visibility for
pedestrians or motorists.
[Added 7-23-2014 by L.L. No. 3-2014]
A.
One
nonilluminated monument sign, either solid base or suspended between
two poles.
Notwithstanding the standard governing the total area of signs permitted to be erected or maintained on any parcel of real property as set forth in § 290-102 above, the following standards shall guide the regulation of all signs associated with projects when more than one principal building or business use or activity 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 freestanding sign of up to 48 square feet
in area and not more than 20 feet in height may be erected which identifies
the name of the center or facility as a whole and does not advertise
any individual business activity.
B.
Freestanding signs advertising individual businesses
within a shopping center or joint development project shall be prohibited.
C.
One sign identifying individual businesses or uses
may be erected for each separate principal activity. Individual business
signs may be attached to the face of the building. Such signs shall
not exceed the lesser of one square foot 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 directory sign at any location therein which
shall not exceed 12 square feet for each acre of land in such commercial
area or industrial park, provided that no such sign shall exceed 64
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 plan
approval. 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 new business or a business in a new location,
awaiting installation of a permanent sign, may utilize a portable
sign for a period not more than 60 days or until the installation
of a permanent sign, whichever occurs first. Such portable sign shall
conform to all of the construction standards of the Village of Albion.
A separate permit for such portable sign shall be required.
In the event that a sign lawfully erected prior
to the effective date of this chapter does not conform to the provisions
and standards of this chapter, then such sign shall be modified to
conform or be removed according to the following regulations:
A.
If a nonconforming sign includes features that area prohibited pursuant to § 290-95, General regulations, then such sign shall be modified by its owner to comply or be removed within 30 days after the owner receives written notice from the Code Enforcement Official to so comply.
B.
A nonconforming sign shall not be enlarged or replaced
with another nonconforming sign. 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 the alteration or
repair.
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.
A.
If the Code Enforcement Official shall find that any
sign regulated in the Village is not used, is abandoned, unsafe or
insecure or is a menace to the public, the Code Enforcement Official
shall give written notice to the named owner of the land upon which
such sign 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 Code Enforcement Official may remove
or repair the sign and assess the owner for any cost incurred for
such service.
B.
The Code Enforcement Official or Fire Marshal may
cause any sign which is a source of immediate peril to persons or
property to be removed immediately without notice.
A.
Except as otherwise provided, no person shall erect,
alter or relocate any sign without first obtaining a permit from the
Code Enforcement Official. Subsequent to this initial application,
no permit shall be required for a sign to be repainted, repaired or
have its message changed.
B.
Application procedure. Applications shall be made
to the Code Enforcement Official on the form prescribed and provided
by the Village of Albion, accompanied by the required fee, and shall
contain the following information:
(2)
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. In addition, a full description of the placement
and appearance of the proposed sign shall be included and shall cover
the following:
(a)
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.
(c)
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 Code Enforcement Official
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 the requirements
of this article, the Code Enforcement Official shall then, within
five days of receiving the application, issue a permit for the erection
of the proposed sign, or for alterations of an existing sign. The
issuance of the permit shall not excuse the applicant from conforming
to the other laws, rules and regulations of the Village of Albion.
(2)
If the erection of the sign authorized under any such
permit has not commenced within six months from the date of 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.
D.
Permit fee. Fees for the sign permits shall be fixed
by the Village Board of Trustees and listed in the fee schedule.
