[HISTORY: Adopted by the Town Board of the Town of Victor 4-23-2007 by L.L. No. 5-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 83.
Zoning — See Ch. 211.
The legislative intent of this chapter is to promote and protect the public health, welfare and safety of the inhabitants of the Town by regulating existing and proposed advertising, advertising signs, and signs of all types which are intended to be viewed from outdoors and to thereby create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty of designated areas, preserve property values and provide a more enjoyable and pleasing community. It is further intended 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 open space, and curb the deterioration of natural beauty and community environment. It also intends to permit businesses and professions to make use of signage that is important to their individual and collective success.
As used in this chapter, the following terms shall have the meanings indicated:
ATTENTION-GETTING DEVICE
Any nongovernmental flag, streamer, spinner, light, balloon or similar device or ornamentation used for purposes of attracting attention for promotion of business use.
AWNING SIGN
Any visual message incorporated into a nonpermanent structure projecting from a building and providing protection from the elements, or a marquee.
BACKLIGHTING
Any indirect source of light which is located from behind the sign surface or shielded from the viewer's eyes by a translucent or opaque material.
BUILDING DIRECTORY SIGN
A sign listing the name and location of all tenants in a structure.
BUILDING FRONTAGE
The width of a building facing a street or public parking lot; in the case of a corner lot, it may be either frontage at the option of the applicant. Where a mall exists, "building frontage" shall mean that portion of the building perimeter facing a street or designated parking area; in the case of two such perimeters, it may be either frontage at the option of the applicant.
BUILDING IDENTIFICATION SIGN
A sign which identifies the name of the building and does not identify any individual business activity.
BUSINESS FRONTAGE
The width of building face allocated to each individual occupant.
BUSINESS USE
A commercial, industrial or service enterprise, including churches.
CHANGEABLE-COPY SIGN
An announcement sign, bulletin board, or sign which makes provision for changing letters and other copy.
CODE ENFORCEMENT OFFICER
The official of the Town, appointed by the Town Board, charged with the duty to enforce the Town Code.
EXTERIOR ENTRANCE
A direct entrance from a public way to a habitable or tenantable space.
FLAG
Any state, municipal, County, or national flag. The National Flag must be displayed in accordance with the Federal Flag Code (see United States Code Title 4, Chapter 1). No flag pole shall exceed 50 feet for public display, or 25 feet for home use. All flags shall be proportionate to the height of the flag pole as the Federal Flag Code.
FREESTANDING SIGN
A single or multifaced sign affixed to a supporting structure or embedded in and extending from the ground or detached from the building.
ILLUMINATED SIGN
Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.
LOGO
Any picture, shape or drawing, with or without letters or words, used to identify a product, service, business or organization.
MUNICIPAL SIGN
Any sign relating to the use of a building or property by a government, public agency, or municipal board.
NONBUSINESS SIGN
Any sign, other than a sign promoting a business use.
PORTABLE SIGN
A sign that is not permanently affixed to a building, a structure or the ground.
REFLECTIVE SURFACE
Any material or device which has the effect of intensifying reflected light, such as Scotchlite™, DayGlo®, glass beads and luminous paint.
SIGN
Any material, structure or part thereof, or any device attached to a structure or painted or represented thereon, composed of or upon which is placed lettered or pictorial or other matter for visual communication, when used or located out-of-doors or on the exterior of any building or indoors as a window sign, for the display of any advertisement, notice, directional matter or name. The term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function within this political jurisdiction, or required by any law, ordinance or governmental regulation or the flag or insignia of any nation or of any governmental agency having jurisdiction over the Town of Victor.
SIGN AREA
The square footage of the smallest square or rectangle which will enclose all elements which form the sign. Supporting structures will not be considered as part of the sign surface area unless lit by their own specific external light source. Freestanding signs may include an identical back without counting the identical area. Any additional form not integral to the building's architecture will be considered as part of the sign.
SIGN PERMIT
A permit issued by the Code Enforcement Officer providing documentation of the specific sign(s) requiring a permit have been approved pursuant to these regulations.
A. 
Permit required. A sign permit shall be required prior to erecting a sign within the Town of Victor, except as provided in Subsection B of this section.
B. 
Exceptions; permit not required. The following signs shall not require a permit:
(1) 
Nonbusiness signs, as defined and regulated in this chapter.
(2) 
Municipal signs.
(3) 
Repair and replacement, in kind, of signs that conform with this chapter.
(4) 
Sale, lease, or open for inspection signs relating to the real property transfers provided that such sign is no greater than six square feet in area, and at least six feet from the public right-of-way and does not reduce the line of sight for egress from that property, or any other property. Such signs are limited to one per property, except that an additional two signs advertising that the premises is "open" is permissible only during the period that the property is open for inspection.
(5) 
Not-for-profit, charitable and political organizations may advertise an event with a sign limited to four feet in height and six square feet per side may be used for the period of the event, and the preceding 30 days. An organization that advertises an event in excess of two times within a calendar year must obtain a permit.
(6) 
Traffic control signs provided that such signs do not exceed two square feet.
(7) 
Window or wall signs no greater than two square feet in area that provide notice of hours of operation, payment options, invitee restrictions, or legal warnings or notices. In no event may a sign within a window cover more than 30% of the total area of the particular window's total area. In the case of a window that is a portion of a door, then the sign may not cover more than 10% of the total window area of the door.
(8) 
Signs required by law.
C. 
Sign permits.
(1) 
Sign permits shall be issued by the Code Enforcement Officer for any business use signs in any zoning district.
(2) 
Applications for signs proposed for any land use activity that require site plan approval from the Planning Board shall be reviewed and approved by the Planning Board prior to issuance of a sign permit from the Code Enforcement Officer.
D. 
Sign permit application.
(1) 
All applications for a sign permit shall be made in writing to the Code Enforcement Officer and containing the following information:
(a) 
The name, address, and telephone number of the applicant, and, if different, the name, address, and telephone number of the owner of the land where the sign is to be erected.
(b) 
The location of the building, structure, or land to which or upon which the sign is to be erected.
(c) 
A detailed drawing or blueprint to scale not exceeding one inch equals one foot illustrating the construction detail of the sign, the lettering and/or the pictorial message of the sign, the color and positioning of the sign, the position and height of other devices relating to the erection of the sign, a location plan drawn to scale not to exceed one inch equals 20 feet showing the position of the sign on any buildings or structures, including building elevation, and any private, or public right- of-way.
(d) 
The zoning district in which the sign is to be placed.
(e) 
A tape location or survey indicating the position of setbacks relative to the position of any freestanding sign, and the location and setbacks of all buildings on the property.
(f) 
Identification of all other signs existing on the land, and whether those signs conform with this chapter.
(g) 
Written consent of the owner of the property on which the sign is to be erected.
(h) 
The signature of the applicant attesting to the accuracy of the petition.
(2) 
All applications for a sign permit shall be reviewed by the Code Enforcement Officer within 30 days of submittal of a complete application.
(a) 
The Code Enforcement Officer shall deny any application for a sign which does not conform with this chapter. A denial shall be made in writing with a statement of the reason for the denial and served upon the applicant.
(b) 
The Code Enforcement Officer shall approve an application for a sign which conforms with this chapter, or upon an approval from the Planning Board or Zoning Board of Appeals where such review is required. Such approval shall be valid for six months, within such time the applicant shall notify the Code Enforcement Officer of completion of the installation of the sign, and the Code Enforcement Officer shall inspect the installed sign for compliance with the approval, and, if compliant, issue a certificate of compliance.
(c) 
In the event that the Code Enforcement Officer finds that the sign does not conform with the approval, the applicant shall be so notified in writing and have 30 days thereon to correct the cited deficiencies, or be removed in accordance with the provisions of this chapter.
(d) 
In those cases where an applicant does not wish to implement the design conditions of approval outlined by the Code Enforcement Officer, or upon request of the applicant, the matter may be referred to the Architectural Review Committee of the Planning Board for an advisory opinion. In such cases, the Architectural Review Committee shall recommend approval or disapproval of such sign application in writing within 30 days from the date of referral, and such recommendation shall be binding upon the Code Enforcement Officer's determination. Nothing in this subsection shall alleviate the need for a variance in the case of a sign that does not conform to the requirements of this chapter.
(e) 
The Code Enforcement Officer's review of sign applications and action thereon shall be ministerial in nature.
A. 
Design and appearance.
(1) 
All signs and supporting structures must be in harmony with the style and scale of the architectural features of the buildings on which they are placed or to which they relate.
(2) 
All signs must be appropriate to the type of activities they represent.
(3) 
Layout of all signs and their messages must be orderly and of simple shapes.
(4) 
No more than two typeface fonts may be used on any one sign or group of signs indicating one message.
(5) 
The number of different colors or shades of colors used on one sign or group of signs shall be of a consistent theme.
(6) 
All signs that are lit must be so designed as to reflect light and glare away from surrounding properties and the right-of-way and not be greater than necessary to make the sign legible at night from the right-of-way. Lighting among signs shall be consistent with surrounding signs.
(7) 
No sign within a residential district may be lit unless it is a permitted sign for a permitted or special permitted business use or permitted by the Zoning Board of Appeals.
(8) 
Groups of related signs must express uniformity and create a sense of harmony in appearance.
(9) 
Freestanding signs shall be monument style as opposed to pylon style.
(10) 
No sign located within a speed zone of 35 miles per hour or less shall exceed 20 square feet or be backlit regardless of the sign area otherwise permitted by this chapter.
(11) 
The Architectural Review Committee of the Planning Board may, from time to time, create a brochure which visually illustrates the appearance of signs consistent and inconsistent with this chapter. Such brochure is subject to the review and acceptance of the Town Board. Such brochure is for illustrative purposes only, and not determinative of the approval of any particular application.
B. 
Construction and installation.
(1) 
All signs shall comply with the Uniform Fire Prevention and Building Code.
(2) 
No sign shall interfere with utility line clearance.
(3) 
No sign shall interfere with the use of any fire exit, door, or window or other access to a building. No sign shall obstruct the vision of any access or be designed in such a way as to confuse access to a fire escape route.
(4) 
No sign shall interfere with sight distances or otherwise interfere with the ability of motor vehicle traffic to make safe movements.
(5) 
No sign shall project into a public right-of-way.
(6) 
No freestanding sign requiring a permit shall be closer then thirty-five (35) feet from the pavement of the public right-of-way.
A. 
Business use signs are not permitted in any Residential District or multiple dwelling except:
(1) 
To identify a private club, golf course, church, bed-and-breakfast or agricultural use, provided that a special use permit has been issued if required and the special use permit authorizes the sign;
(2) 
To identify a permitted home occupation, provided only upon the determination of the Zoning Board of Appeals.
B. 
Business use signs are permitted in Commercial, Commercial/Light Industrial, Light Industrial or Planned Development District subject to the following standards:
(1) 
One freestanding monument building identification sign may be installed which identifies the name of the building or plaza, but does not identify any specific business. A building identification sign may be freestanding, not to exceed 10 feet in height and 20 square feet in total area.
(2) 
A multiple use structure, such as a building, plaza, or mall, may have a building-mounted directory sign not exceeding 10 square feet in total area.
(3) 
In addition to any building identification sign and directory sign, each tenant of a building, or plaza with a separate entrance to a public right-of-way, or parking area shall be entitled to an individual sign, the total sign area for tenant signs shall not exceed one square foot for each foot of building frontage belonging to the particular tenant, but in no event shall a single sign exceed 20 square feet in speed zone of 35 miles per hour or less. A tenant of a building is deemed to have its own separate entrance and building frontage. Any sub-tenant of a principle tenant is limited to sign area of the principal tenant as described within this section.
(4) 
A single tenant may have two sign faces, subject to the total sign area restriction within this section, when the tenant's space within the building has frontage on two public rights-of-way.
(5) 
An additional tenant identification sign affixed to the building to be no greater in sign area than 1/2 of one square foot for each foot of linear building frontage belonging to the particular tenant shall be permitted only when the primary entrance and parking to the building are at the rear of the building with respect to the public right-of-way, and no parking exists at the portion of the building which abuts the public right-of-way.
(6) 
A tenant identification sign must be mounted to the building or plaza. Freestanding tenant identification signs are not permitted.
(7) 
The Planning Board, in conjunction with a new site plan review, may provide additional building identification and directory signs. The Planning Board may not increase the total sign area permitted for a specific building or tenant sign.
(8) 
Assigned street numbers must be displayed and shall not be counted against the sign area.
A. 
Posted fliers are not allowed in Residential Districts or in a public right-of-way in any district, and may be removed by the Code Enforcement Officer without notice.
B. 
Moving signs, including flashing, blinking, animated, rotating, or projected surfaces that change with time. Time and temperature displays are not prohibited by this section, nor are message boards, provided that message is not changed more than once per day.
C. 
Neon signs, with the exceptions of a single sign indicating the word "OPEN" during business hours within a window and in accordance with window signs as regulated by this chapter.
D. 
Unrelated signs. Business use signs must advertise a bona fide business conducted on the premise where the sign is located.
E. 
Reflective surfaces signs.
F. 
Roof signs.
G. 
Temporary signs, except temporary signs advertising an event may be placed up to 30 days prior to the event advertised. A temporary sign may only advertise the same type of event twice in the same calendar year, and shall not require a permit. The Code Enforcement Officer may remove a noncompliant sign without notice.
H. 
Attention-getting devices such as balloons, nongovernmental flags, streamers and the like may be used to advertise an event for no more the three consecutive days, and not more that 10 times in a calendar year.
I. 
A flag indicating that a business is open may be flown only during business hours. No more than one such flag per building if attached to a building, and no more than one such flag per site entrance if detached from a building. The Code Enforcement Officer may remove a flag without notice.
J. 
Price signs are prohibited except for gas stations within 100 feet of the closest gas pump, and where required by County, state or federal law.
K. 
Signs that cause a traffic hazard by obstruction, position, shape, or wording or symbols that confuses vehicle traffic, and may be removed by the Code Enforcement Officer without notice.
L. 
Sandwich board and portable signs may be used, provided such signs are displayed only during the businesses hours of the business advertised, and no more than one such sign is displayed per business entrance, and no more than one such sign is displayed at a site entrance. Sandwich board and portable signs must be displayed within 25 feet from the business entrance, and not conflict with pedestrian or vehicular traffic. Such sign must comply with the regulations concerning temporary signs and attention-getting devices above. Noncompliant sandwich board signs may be removed by the Code Enforcement Officer without notice.
M. 
Billboards, or other structures designed for the purpose of renting or leasing space for the purpose of displaying advertisements toward vehicular traffic.
N. 
Signs which permanently advertise a particular brand that a business offers for sale.
O. 
Signs that produce vapors, smoke, particles, or noise may be removed by the Code Enforcement Officer without notice.
P. 
Illegible signs and signs in disrepair may be removed by the Code Enforcement Officer without notice.
All signs not in compliance with any provision of this chapter, upon the effective date specified herein, shall be deemed nonconforming.
A. 
A nonconforming sign shall be removed or brought into conformity with the requirements of this chapter upon a change in use.
B. 
A nonconforming sign related to an existing use shall be removed or made conforming prior to the issuance of any subsequent sign permit for such use.
C. 
Applications for sign approval and sign permit for the replacement of an existing nonconforming sign to a legal conforming sign which is submitted before two years from the effective date of this chapter shall be exempt from all applicable fees required by this chapter but not from any subsequent fees.
A. 
It shall be the duty of the Code Enforcement Officer or his delegate to administer and enforce the provisions of this chapter.
B. 
When violations occur under this chapter, the Code Enforcement Officer shall cause notice to be given to the owner or occupant of the premises on which the sign is located, or to the agent of either, or person receiving the benefits from the offending sign. Said notice may be given by first class mail, or by issuance and service of a notice of violation. If any of said persons fail to abate said violation within five days after such notice has been personally served upon them, or within 10 days after such notice has been sent to said persons by first class mail at their home or business address, said persons shall be subject to a civil penalty of $250 for each and every day that said violation continues, recoverable by suit brought by the Code Enforcement Officer in the name of the Town of Victor, and to be retained by the Town of Victor.
C. 
The Code Enforcement Officer or authorized representative may serve a written stop-work order upon the applicant or other person who commits or assists in any such violation requiring the correction of any violation of this chapter.
D. 
The Code Enforcement Officer, on behalf of the Town of Victor, may maintain an action for an injunction to enjoin violations of this chapter.
E. 
Any person violating any provisions of this chapter or of any notice or order issued hereunder shall be guilty of disorderly conduct and shall be deemed to be a disorderly person and, upon conviction, shall be subject to a fine not exceeding $100 for each violation. Each day that a violation continues shall constitute a separate offense punishable by the foregoing fine. The Code Enforcement Officer is hereby empowered to issue appearance tickets for violations of this chapter. A digital camera photograph with time and date stamp showing a portable sign displayed or maintained out of doors at a time other than permitted shall be prima facie evidence of a violation of that section.
F. 
A permit issued pursuant to this chapter may be revoked by the Code Enforcement Officer if it appears that the sign erected pursuant to the permit no longer conforms to the provisions of this chapter. Notice of revocation may be delivered personally or by first class mail; revocation shall occur immediately in the case personal delivery and after 10 days when delivery is by regular first class mail.
G. 
The remedies provided herein shall be cumulative and shall be in addition to any other remedies provided by law.
All fees associated with this chapter shall be charged to applicant pursuant to Chapter 27 of the Victor Town Code.
All signs in the Town of Victor shall be properly maintained at all times. The Code Enforcement Officer shall have the authority to order the painting, repair or removal of a sign and accompanying landscaping which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Notification shall be by personal delivery or by certified mail. If the maintenance notice is not complied with within 15 days, it shall become an order to abate the sign or perform the maintenance or repair specified therein.
A. 
All appeals from a ruling or determination of an administrative officer made hereunder shall be taken to the Zoning Board of Appeals. All decisions made in accordance with the provisions of this chapter shall be filed in the office of the Town Clerk.
B. 
Every request for a variance from the provisions hereof on the ground that the strict application of this chapter shall work an injustice by reason of practical difficulty shall be taken before the Zoning Board of Appeals.
C. 
Applications for renewal of a variance shall be supported by the same quantum of evidence required for the initial grant. The Zoning Board of Appeals may impose reasonable condition to the granting of a variance, which may include durational limitations.
D. 
Except as otherwise provided above, the procedure before the Zoning Board of Appeals shall be governed by the applicable provisions of Chapter 211 of the Code of the Town of Victor and the Town Law. Review of determinations made hereunder by the Zoning Board of Appeals shall be governed by Article 78 of the New York Civil Practice Law and Rules and the Town Law. Any such proceeding shall be commenced within 30 days of the filing of the decision sought to be reviewed and served upon the Code Enforcement Officer and the Town Clerk.
E. 
Review of determinations made hereunder by the Planning Board shall be governed by Article 78 of the New York Civil Practice Law and Rules and the Town Law. Any such proceeding shall be commenced within 30 days of the filing of the decision sought to be reviewed and served upon the Code Enforcement Officer and the Town Clerk.
F. 
Abandonment of variance. If a sign for which a variance has been granted hereunder is not erected within one year from the date of the variance, or if a sign for which a variance has been granted hereunder is removed for a continuous period of one year, the variance for said sign shall be deemed abandoned and of no effect.