Village of East Aurora, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Aurora 2-1-1999 by L.L. No. 2-1999 (Chapter 77 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Historic preservation — See Ch. 156.
Outdoor lighting — See Ch. 165.
Zoning — See Ch. 285.
The purpose of this chapter is to promote and protect the public health, welfare, and safety by regulating existing and proposed outdoor advertising, identification, directional, and 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, 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 and to reduce the adverse effects of signage on natural beauty and on the general environment of the community as a whole.
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS ESTABLISHMENT
A mercantile building or a portion of a mercantile building in which a business operation is conducted.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village of East Aurora or other officer duly authorized to perform the duties of that office.
[Amended 3-14-2006 by L.L. No. 1-2006]
FREESTANDING SIGN
Any sign not affixed to a building and held in position permanently by a post, pedestal or similar support.
FRONT OR FACE OF A BUILDING
The general outer surface of the building abutting or fronting upon any private or public street, highway, alley or other area used by the general public as a travel way, including shopping center sidewalks.
MARQUEE
A roof-like shelter projecting above an outer door of a theater, hotel or motel, or similar type of building or structure.
[Amended 3-14-2006 by L.L. No. 1-2006]
PERSON
Includes one or more persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
PLAZA SETTINGS
A commercial building or group thereof with a common off-street parking area containing in excess of 800 parking spaces.
[Amended 12-4-2000 by L.L. No. 9-2000]
PROJECTING SIGN
Any sign which projects in excess of 12 inches from the exterior of any building in the Village of East Aurora.
REMOTE DIRECTIONAL SIGN
Any sign installed within a public right-of-way by a political subdivision to direct or control vehicular, pedestrian and bicycle traffic, identify streets, parks, historical events, or provide other information deemed appropriate.
[Added 3-14-2006 by L.L. No. 1-2006]
SIGN
Any identification, description, illustration, device or other material or materials, or part thereof, whether illuminated or not illuminated, upon which lettering or pictorial matter is placed which is out of doors, on the exterior of any building or structure or directly applied to or attached to any window or for display of any advertisement, announcement, notice, directional matter, name, picture, logo, insignia, graphic images, design, whether painted, lettered or colored, which directs attention to a product, service, place, activity, person, institution, business or solicitation, and shall include sign frames, billboards, bulletin boards, signboards, painted walls, freestanding signs or ground signs, but does not include temporary signs placed in window display areas or signs erected and maintained pursuant to and in discharge of any governmental function or required by any laws, ordinances or governmental regulations. In the event that a sign is painted or applied to the face of a building or structure, the area of the sign shall be taken as the area required to circumscribe all letters, pictorials, graphic images and other devices.
TEMPORARY SIGN
Any sign not exceeding 20 square feet to be used or emplaced for a period not exceeding 30 days and shall include building face, freestanding, A-frame, banners (as permitted in § 209-8B) and other signs of a similar nature. Such signs shall not include "for sale," "for rent," "open house" and "sold" signs as provided for in § 209-8 hereof. Such temporary signs shall be consistent in color, lettering and design of any existing permanent signs on the premises where such temporary sign is placed.
[Amended 5-7-2001 by L.L. No. 2-2001; 3-14-2006 by L.L. No. 1-2006]
VILLAGE
The Village of East Aurora, Erie County, New York.
[Amended 3-14-2006 by L.L. No. 1-2006; 1-22-2007 by L.L. No. 1-2007]
After the effective date of this chapter and except as otherwise herein provided, it shall be unlawful and a violation of this chapter for any person to erect, construct, relocate, create or cause to be erected, constructed, relocated or created within the incorporated area of the Village of East Aurora any sign or signs without first having obtained a written permit from the Code Enforcement Officer for such sign or signs and without having complied with the provisions of this chapter. No permit shall be required for a “for sale,” “for rent,” “open house” or “sold” sign as provided for in § 209-9.
[Amended 3-14-2006 by L.L. No. 1-2006]
Any person desiring to procure a permit for a sign or signs shall file with the Code Enforcement Officer a written application which shall contain:
A. 
A drawing showing the lettering and pictorial matter composing the sign, the dimensions of the sign and the dimensions of the lettering or emblem involved and a description of the construction details of the sign structure and mounting devices, a location plan showing the position of the sign on the building or premises and such other information as the Code Enforcement Officer may require to show compliance with the provisions of this chapter.
B. 
A written statement showing the name of the owner or of the person in control of the building or premises where such sign is to be located and the right of authority of the applicant to obtain a permit.
C. 
The name, address and telephone number of the applicant and the owner of the building, structure or land upon which the sign is to be erected.
D. 
The written consent of the owner of the building, structure or land upon which the sign is to be erected in the event that the applicant is not the owner thereof.
E. 
The application for a permit for a sign on an awning shall show the location, size and structure of the awning and the lettering or pictorial matter to appear thereon.
F. 
The fee for a permit issued pursuant to § 209-3 or § 209-8B or C shall be as provided for in Chapter 137, Article II, of this Code.
A. 
Permitted sign copy. Signs may bear the name of the proprietor of the business conducted, the nature of the business, the goods sold or the services rendered on the premises or any or all of them. Signs not advertising the business and/or service rendered or goods sold on the premises are hereby prohibited.
B. 
Any legal nonconforming sign which does not directly relate to the sale of the goods or services rendered on the property or a sign advertising a previous business on the premises which has not been purchased, leased or assumed by the present occupant shall be taken down and removed within 60 days following the date after which said nonconforming sign no longer directly relates to the sale of goods or services rendered on the property.
C. 
Projecting signs. Projecting signs in excess of 12 inches over any public way are prohibited, except for signs hung from the underside of a covered walkway related to the entrance of an individual business establishment and except for signs permitted by § 209-8 or 209-7B(5) of this chapter.
D. 
Prohibited signs and devices. Revolving, moving, fluttering, internally lit, internally illuminated, back-lit or flashing signs, lights or banners (except as permitted in § 209-8B of this Code) are prohibited. Signs with changeable lettering are prohibited except for church and school bulletin boards, gasoline price signs located at pumps, theater marquees and menu boards.
[Amended 5-7-2001 by L.L. No. 2-2001; 1-22-2007 by L.L. No. 1-2007]
E. 
Religious, patriotic and holiday decorations. This chapter shall in no event be construed or employed in any manner to prohibit the decoration of premises in any district during religious, patriotic or holiday seasons.
F. 
Service organization identification signs. Service organizations are permitted to post emblems or signs in the Village at specific places upon obtaining a permit from the Village Code Enforcement Officer.
[Amended 3-14-2006 by L.L. No. 1-2006]
G. 
Political signs and banners. This chapter shall in no event be construed or employed to restrict the political process within the Village of East Aurora. Such political signs shall not exceed four square feet, shall be located on private property, shall be placed no earlier than 30 days prior to the voting day, and shall be removed within two days thereafter.
[Amended 12-15-2008 by L.L. No. 2-2008]
A. 
In R, R-G-N and R-G Districts, as established by Chapter 285, Zoning, of the Code of the Village of East Aurora, signs shall be erected or placed as follows:
(1) 
Signs located on the principal building or on a separate post support not closer to any street than a distance equal to 1/2 the required setback from such street and not exceeding seven feet in height, shall be permitted as follows:
(a) 
Identification signs. One nonilluminated identification sign not exceeding two square feet in area; such sign shall consist of a nameplate with no lettering except to indicate the name of the resident and to identify a permitted use.
(b) 
Bulletin boards. Church, school or other institutional bulletin boards not exceeding 25 square feet in area. Such sign may be illuminated by a nonflashing shielded source of external light.
[Amended 1-22-2007 by L.L. No. 1-2007]
(c) 
Funeral home identification signs. A funeral home which has been in business in the same location since on or before the first day of April 1972 may be identified by one identification sign not exceeding two feet in height and five feet in width; such sign may be either attached to and be flat or parallel with the structure it identifies or be freestanding on a post support. Such identification sign, if freestanding, may be a two-faced sign. Such sign may be lighted from a concealed location, which light shall be directed away from adjacent properties. Such sign may be illuminated, but only be a steady, nonflashing external light suitable shielded so as to eliminate glare and annoyance to passersby or adjacent property. No such sign shall be illuminated between 11:00 p.m. and 8:00 a.m.
[Amended 1-22-2007 by L.L. No. 1-2007]
(2) 
Special provisions of R-G-N Districts. In the R-G-N District the following signs for identification of structures and residents of multiple dwelling groups are permitted:
(a) 
Dwelling group identification. One sign not exceeding 25 square feet in area to identify a multiple dwelling or dwelling group complex of two or more structures. Such sign may be illuminated by a nonflashing shielded source of external light, which light shall be directed away from adjacent streets and highways and away from adjacent properties.
[Amended 1-22-2007 by L.L. No. 1-2007]
(b) 
Resident identification. One sign not exceeding two square feet in area to identify the names of and/or the residents of a multiple dwelling or separate structure in a dwelling group. Such sign shall be nonilluminated and shall be attached to and be flat or parallel with the structure it identifies.
B. 
Special provisions for R-C Districts. In R-C Districts, as established by Chapter 285, Zoning, signs are as regulated in the R District, except that a larger identification sign shall be permitted, provided that it:
(1) 
Does not exceed 25 square feet in area.
(2) 
Is unlighted except by light from a concealed location external to the sign itself, which light shall be directed away from adjacent properties.
[Amended 1-22-2007 by L.L. No. 1-2007]
(3) 
If freestanding, is on a post support and is placed so as to be parallel with the street.
A. 
For the purpose of this chapter, buildings in C, C-M, M-I and M-P Districts, as established by Chapter 285, Zoning, of the Village of East Aurora, shall be divided into two major classifications as follows:
(1) 
Class 1: Buildings located directly on a public street.
(2) 
Class 2: Building or buildings physically located in such a manner as to constitute a shopping center or a plaza and where an off-street parking area is so located as to cause an intervening open space of 70 feet or more between it or them and the nearest public street right-of-way. Such parking area must contain a minimum of 7,000 square feet to designate the building or buildings as a shopping center or plaza.
(3) 
Buildings and plaza settings. (See §§ 209-2 and 209-7G).
[Amended 12-4-2000 L.L. No. 9-2000]
B. 
Class 1 building. Business signs shall be permitted to be erected, constructed, relocated or created on Class 1 buildings in C, C-M, M-I and M-P Districts as follows:
(1) 
Location. On the face of the building fronting on a public street or public parking area.
(a) 
Freestanding signs. In the case of a building which is set back from the street right-of-way more than 10 feet, a freestanding sign or signs may be erected inside the property lines. Such freestanding signs shall be parallel with the street.
(b) 
Roof signs. No sign shall be erected upon the roof of a building or in such a manner as to extend more than three feet above the eave line or, in the case of a flat roof, more than three feet above the top surface of the roof.
(c) 
Building side and face. Signs may be placed on the side, face or wall of a business establishment. They may not project more than 12 inches from such side, face or wall.
(d) 
Exceptions as to location. Service and/or loading dock signs may be located immediately adjacent to the service and/or loading area to which they pertain.
(2) 
Size. The total surface area of a sign or all signs affixed to any building and signs freestanding on the real property upon which such building is located shall not be more than 10% of the total area of the building face in square feet. However, an additional 2% shall be allowed where the building fronts on two public rights-of-way or fronts on a public right-of-way and a parking lot as the side of the building which contains a customer entrance and 10 or more customer parking spaces for the business in question. In such exceptions, the total surface area of the sign or signs shall not exceed surface area of 12% of the total face of such building fronting on the public street designated as its official address. Total sign area on any face of a building shall not exceed 40 square feet for each business located therein.
(a) 
Freestanding signs. Allowable freestanding signs shall not extend to a height above 10 feet above the ground level, shall not exceed 20 square feet in area and shall be placed parallel to the street.
(b) 
Exception as to size. Service or loading dock signs not exceeding 10 square feet in area are permitted.
(3) 
Lighting. Any sign may be illuminated, but only by a steady, nonflashing external light suitably shielded so as to eliminate glare and annoyance to passersby or adjacent property. Lighting for signs shall not exceed 20 watts per square foot of sign area for incandescent lighting, or 10 watts per square foot of sign area for neon, cold cathode or fluorescent lighting (not including transformer).
[Amended 1-22-2007 by L.L. No. 1-2007]
(4) 
Covered walkways. In connection with a Class 1 building, where it is practical to construct a covered walkway in connection therewith on private property, the provisions of Class 2 buildings related to signs shall apply.
(5) 
Perpendicular signs. Each Class 1 building may have one sign per business mounted to the front face of that building so as to be perpendicular to that face.
[Amended 10-15-2007 by L.L. No. 5-2007]
(a) 
Perpendicular signs must be constructed of wood or metal with a maximum thickness of two inches with no internal light source.
(b) 
Perpendicular signs may not exceed three feet in any dimension or six square feet in area, nor project more than 3 1/2 feet from the building face.
(c) 
Perpendicular signs may be no lower than eight feet above the sidewalk level at the building entrance nor any higher than 12 feet from the same point.
C. 
Class 2 buildings. Business signs shall be permitted to be erected, constructed, relocated or created on Class 2 buildings in C, C-M, M-I and M-P Districts as follows:
(1) 
Location.
(a) 
Building face. Permitted signs may be located on the face of a building or buildings fronting on a common parking area, provided that they do not project more than 12 inches from the building wall.
(b) 
Covered walkway. Where a covered walkway extends across the front of a building or buildings, signs may be mounted on the roof of the walkway or walkways to a height of three feet. Signs may also be hung from the underside or ceiling of the covered walkway related to the entrance of individual business establishments, provided that such signs are at least seven feet above the walkway.
[Amended 3-14-2006 by L.L. No. 1-2006]
(c) 
Building side and face. Signs may be placed on the side, face or wall of a business establishment. They may not project more than 12 inches from such side, face or wall.
(2) 
Size.
(a) 
Percentage of building face. Unless otherwise specifically stated, the total surface area of a sign or signs devoted to a specific business establishment shall not be more than 8% of the total area of the building face in square feet of the building in which such business establishment is located, except that an additional 4% shall be allowed where the building faces on an additional public street or public parking area and where such building face contains a customer entrance. In such case, the total sign area shall not exceed 12% of the sum of the applicable building faces in square feet. Total sign area on any face of a building shall not exceed 40 square feet for each business located therein.
(b) 
Exception as to total size. A sign not exceeding 10 square feet designating a service or loading dock is permitted.
(3) 
Lighting. Any sign may be illuminated, but only by a steady, nonflashing external light suitably shielded so as to eliminate glare and annoyance to passersby or adjacent property. Lighting for signs shall not exceed 20 watts per square foot of sign area for incandescent lighting, or 10 watts per square foot of sign area for neon, cold cathode or fluorescent lighting (Not including transformer).
[Amended 1-22-2007 by L.L. No. 1-2007]
(4) 
Freestanding signs. A freestanding sign stating the name of the business or industrial establishment or shopping plaza may be erected or signs relating to specific business establishments may extend above the roofline if after consideration by the Planning Commission as to size, location and height, the Commission states, in writing, to the Board of Trustees that such vertical extension or separate sign is in harmony with the general architectural design of the center as a whole and the Board of Trustees by resolution directs the Code Enforcement Officer to issue a permit for the requested sign, as approved and/or modified by the Planning Commission and/or the Board of Trustees. No such free standing sign shall exceed 20 square feet in area, or extend more than 10 feet above grade level.
[Amended 3-14-2006 by L.L. No. 1-2006]
D. 
Gasoline service stations.
(1) 
Location.
(a) 
Building face. Permitted signs may be located on the face of a building or buildings fronting on a common parking area, provided that they do not project more than 12 inches from the building wall.
(b) 
Pump area. Permitted signs may be located in the pump area, not to exceed more than one foot on either side of the row of pumps or two feet from the last pump on each end of the pump row. No signs will be permitted to extend more than eight feet above the base of the pumps.
(c) 
Prohibition. No signs shall be permitted on gasoline service station premises, except as herein provided.
(2) 
Size.
(a) 
Percentage of building face. Unless otherwise specifically stated, the total surface area of a sign or signs devoted to a specific business establishment shall not be more than 8% of the total area of the building face in square feet of the building in which such business establishment is located, except that an additional 4% shall be allowed where the building faces on an additional public street or public parking area. In such case, the total sign area shall not exceed 12% of the sum of the applicable building faces in square feet. Total sign area on any face of a building shall not exceed 40 square feet.
(3) 
Freestanding sign. At a gasoline service station, in addition to the signs herein permitted to be affixed to a building, there may be erected one freestanding, nonrevolving sign not exceeding 20 square feet in area on each side with the top tip of such sign not more than 10 feet above the ground, provided such sign complies with § 209-5D. Pricing signs are prohibited on freestanding signs.
(4) 
Illumination. No illumination shall be allowed on gasoline service station signs when the station is closed. Lighting for signs shall not exceed 20 watts per square foot of sign area for incandescent lighting, or 10 watts per square foot of sign area for neon, cold cathode or fluorescent lighting (not including transformer).
[Amended 1-4-1982 by L.L. No. 1-1982]
E. 
Additional accessory signs. At the entrance of buildings with business establishments above the first floor, nameplates of uniform design and appearance at each such building and not more than 18 inches in length and nine inches in height may be mounted at the sides of such entrance, provided they are placed flat against the exterior wall.
F. 
Illuminated tubing restriction. Any illuminated tubing which is not used in the actual construction composing a conforming electrical sign and which outlines a building, fence or other similar structure or part thereof which measures longer than 20 linear feet or encloses any area greater than 20 square feet may not be erected so as to be visible from any public or private street or highway or shopping center.
G. 
Buildings in plaza settings.
(1) 
All of the provisions of § 209-7B and C shall apply to signs located in plaza settings except as follows:
(a) 
Size. The total surface area of a sign or signs devoted to a specific business establishment shall not be more than 8% of the total area of the building face in square feet of the building in which such business is located. The total sign area on the face of a building where the main entrance is located shall not exceed 100 square feet.
(b) 
Nonconforming signs. Any and all signs on the face of a building in a plaza setting which are nonconforming with respect to size shall be brought into compliance with this section within two years of the effective date of this chapter.
[Amended 12-4-2000 by L.L. No. 9-2000]
A. 
Notices. No notices shall be posted on public property within the Village of East Aurora except on bulletin boards maintained by the Village or other governmental authority for that purpose.
B. 
Banners. No banners shall be displayed over any sidewalk, Village street or highway, except temporary banners for a period not to exceed 14 days and for which a permit has been issued by the Code Enforcement Officer. A public liability bond or policy in the sum of at least $50,000 shall be furnished for each banner which extends across a sidewalk, street or highway. Such banner must be securely fastened to buildings or structures; provided, however, that any banner installed/removed by the Village of East Aurora at the request of a third party shall be removed no later than 14 days after the date of installation.
C. 
Temporary signs. Temporary signs may be permitted by the Code Enforcement Officer for a period not to exceed 30 days. The application for a permit for such temporary sign must specify the size of the sign or signs, the number of signs to be erected and the proposed location of the sign and must guarantee the removal of such signs at the end of the permit period. A public liability bond or policy in the sum of at least $50,000 shall be furnished for each such temporary sign which extends across a sidewalk, street, highway or other public property; provided, however, that no permit shall be required for a "for sale," "for rent," "open house" or "sold" sign as provided for in § 209-9.
[Amended 3-14-2006 by L.L. No. 1-2006]
D. 
Construction signs. Construction signs displaying the names of the architect, engineer, principal contractor and other participants engaged in the work of constructing a building or structure, as well as a sign announcing the purpose of the building or structure for which a building permit has been issued and has not expired, is permitted subject to the following conditions:
(1) 
Single, multilisting signs. A single sign, not exceeding 25 square feet in area covering all of the participants named above may be erected and maintained for the period beginning with the excavation and ending with the completion of the construction of any building.
(2) 
Individual signs of participating architects, engineers and contractors. A separate sign not exceeding six square feet in area for each principal in the project may be erected and maintained during the period of said principal's participation in the project.
(3) 
Special purpose building announcement sign. A single sign announcing the purpose of a building or structure may be erected and maintained for a period not to exceed one year. Such sign shall:
(a) 
Not exceed 25 square feet in area.
(b) 
Not be more than seven feet in height.
(c) 
Be mounted on post supports.
E. 
Garage sale, yard sale signs. A single sign not exceeding four square feet in area may be placed on the property where such sale is to be held. The sign may be erected a maximum three days before the sale, and must be removed immediately following the sale.
F. 
Special event signs. Applicants for special Village-wide events must submit to the Village Board drawings indicating the number, size, type and location of all proposed signs relating to the special event. Village Board review and approval of signs must coincide with special event approval and issuance of special permit. Such signs may be placed 10 days prior to the event and must be removed within two days after the event. (See also § 285-51.)
G. 
A-Frame signs. In the case in which a business is located off the main thoroughfare, or is set back from the street right-of-way more than 10 feet, an A-frame or similar type sign may be permitted. Such signs shall be located so as not to obstruct pedestrian and/or vehicular traffic and shall be permitted only during the hours the business is open to the public. Such sign shall not exceed four square feet. The application for a permit for such temporary sign must specify the size of the sign and the proposed location. A public liability bond or policy in the sum of at least $50,000 shall be furnished for each such temporary sign which extends across a public right-of-way. Said sign permit is renewable on an annual basis.
[Added 3-14-2006 by L.L. No. 1-2006]
A. 
One nonilluminated "for sale," "for rent," "open house" or "sold" sign may be permitted on any premises to which such sign pertains.
[Amended 3-14-2006 by L.L. No. 1-2006]
B. 
Such sign shall not be revolving, moving, fluttering or flashing.
C. 
No such sign shall be erected in such a manner as to obstruct free egress from a window, door or fire escape, or in such a manner as it can become a menace to life, health or property.
D. 
"For sale" and "for rent" signs are permitted for the length of time the property is available for purchase or rental. "Sold" signs are permitted for seven days from the date of transfer of the property.
E. 
The square foot area of such sign shall not exceed the following: In any R, R-G, R-G-N or R-C Zoning Districts, the maximum allowable sign area is four square feet. In any C, C-M, M-I or M-P Zoning Districts, the maximum allowable sign area is 12 square feet.
F. 
Off-premises "open house" signs not exceeding four square feet in area may be permitted the day of such open house.
[Amended 3-14-2006 by L.L. No. 1-2006]
[Amended 5-7-2001 by L.L. No. 2-2001]
A. 
Awning signs. Advertising containing only the name of the owner or the name of the business may be placed upon the valance of an awning, which lettering shall not exceed six inches in height. The bottom of the valance shall not be less than seven feet above the sidewalk.
B. 
Historic markers and plaques. Historic markers or plaques may be placed on property which the Village Historic Preservation Committee has designated as historically significant. Such historic markers or plaques may identify and describe the historical significance of such property. Such historic markers or plaques may be mounted on buildings or freestanding. Such historic markers or plaques shall not exceed four square feet and shall not be of a height exceeding four feet. Such historic markers or plaques shall be made of nonferrous cast metal and shall be positioned so as not to create a hazard to pedestrian and/or vehicular traffic.
C. 
Marquees. Marquees will be permitted as approved by the Planning Commission.
D. 
Parking lot marking and signing. Public directional signs related to traffic or the regulation of private parking lots are permitted, subject to the approval of the Code Enforcement Officer.
[Amended 3-14-2006 by L.L. No. 1-2006]
E. 
Portable museum signs. A museum may have a single A-frame sign located on the premises; provided, however, that where the museum is not on Main Street but within 500 feet of Main Street, such sign shall be permitted between the curb and sidewalk area of Main Street in such a manner as not to interfere with pedestrian and/or vehicular traffic. Such sign shall only be allowed during the hours that a museum is open to the public. Where such sign is located on the premises where the museum is located the maximum size of such sign shall be 10 square feet and where located off the premises as provided for herein shall not exceed four square feet.
F. 
Menu boards.
(1) 
Drive-through menu boards. Restaurants with drive-through window service may erect a sign displaying menu items and/or daily specials. Such signs may be freestanding or mounted on buildings and shall not exceed 30 square feet and shall not exceed six feet in height.
(2) 
Pedestrian menu boards. Restaurants are permitted a menu board sign identifying regular menu items and/or daily specials. Such sign may be a portable pedestal sign or be mounted on a building or deck Portable pedestal signs shall be located within five feet of the front of the building or in the front lawn area. Such signs shall be located so as not to obstruct pedestrian and/or vehicular traffic and shall be permitted only during the hours that the restaurant is open to the public. Such signs shall not exceed four square feet and pedestal signs shall not exceed four feet in height.
G. 
Other signs. Time and temperature signs, special clock signs, special shopping plaza identification signs with or without electrical lettering and other special signs of similar nature may be erected pursuant to a special permit issued by the Village Board of Trustees. The Village Board of Trustees may grant or deny such permit with or without holding a public hearing on the granting or denying of such permit . In the event that the Village Board of Trustees elects to hold a public hearing, notice thereof shall be published at least 10 days prior to such hearing and notice of such hearing shall be mailed to the owners of all property within 500 feet of the site where such sign is to be erected at least five days prior to such hearing.
H. 
Remote directional signs. Not-for-profit organizations owning or leasing premises located in the Village, but not fronting on Main Street may apply to the Village Board for a permit to have Remote Directional Signage erected at various locations. The signs will be provided by and erected by the Village Department of Public Works. Such signs will be fastened to existing street signposts and will be of a similar size to those street signs, with white letters on a blue background. Applicant shall pay a fee as set forth in Chapter 137, Article II, of this Code and any replacement costs.
[Amended 3-14-2006 by L.L. No. 1-2006]
A. 
All signs that are nonconforming as of the date of the enactment of this chapter by reason of size, height, location, internal illumination or changeable lettering must be removed or brought into compliance at such time as the sign is replaced, the property changes ownership, the property changes use, or a new permit is required under the provisions of this code.
[Amended 1-22-2007 by L.L. No. 1-2007]
B. 
Repair and maintenance. Nothing herein shall be deemed to prevent keeping a nonconforming sign in good repair and in a safe condition. Any legal nonconforming sign which is removed from the position it occupied on January 1, 2007, for the purpose of repair and maintenance and restored to such original position within 30 days after such removal may continue in use as a legal nonconforming sign.
[Amended 1-22-2007 by L.L. No. 1-2007]
C. 
Change of text. The lettering and pictorial matter comprising a legal nonconforming sign may be changed, provided that the dimensions and location of said nonconforming sign are unchanged, and provided that a permit therefor is obtained as required by § 209-3, and provided that such changed lettering and pictorial matter directly relates to the sale of goods or services rendered on the property as required by § 209-5.
At the termination date of the legal status of any sign or of any violation related to a sign erected or relocated after the effective date of this chapter, such violation must be corrected or the sign removed, or such sign shall be subject to removal as set forth in § 209-15 of this chapter. Cost connected therewith shall be assessed against the owner of the premises.
The Zoning Board of Appeals, subject to such conditions as it may deem necessary in the public interest and after public notice and hearing, may vary or modify the application of the Sign Chapter as follows:
A. 
When circumstances peculiar to a particular property differentiate it substantially from adjoining properties to permit variations in the strict application of this chapter, provided any sign or signs so permitted shall not exceed in the aggregate the area requirements permitted herein.
B. 
The foregoing variance powers shall not be deemed to limit the general variance powers of the Zoning Board of Appeals allowed or provided for in the Village Law of the State of New York and Chapter 285, Zoning, of the Village of East Aurora and shall be deemed in addition thereto.
A. 
No sign shall be erected in such a manner as to obstruct free egress from a window, door or fire escape or so as to become a menace to life, health or property.
B. 
All signs affixed to any wall, building, post, pedestal or other support shall be securely fastened thereto and shall be subject to inspections by and approval of the Code Enforcement Officer as to safety.
[Amended 3-14-2006 by L.L. No. 1-2006]
C. 
All wiring, fillings, materials and electrical or other installation or illuminated or lighted signs shall be subject to inspection by and approval of the Code Enforcement Officer as to safety.
[Amended 3-14-2006 by L.L. No. 1-2006]
[Amended 3-14-2006 by L.L. No. 1-2006]
A. 
Whenever the Code Enforcement Officer shall find that any sign regulated by this chapter is unsafe or insecure or is in such condition as to be a menace to the safety of the public, he shall prepare a notice, in writing, advising as to the unsafe and insecure condition of such sign and directing the owner of the premises on which the sign is located to make such alterations or repairs thereto or to do such things or acts as are necessary and advisable to make such sign safe and secure or remove said sign within three days from the date of said notice and shall mail a copy of such notice on the same day as the date thereof to the owner of the premises on which the sign is located to the owner's address as shown on the assessment roll of the Village of East Aurora and shall file a copy of such notice in the office of the Mayor on the same day. In the event that said sign is not made safe and secure or is not removed within the time specified in the notice, a survey of said sign shall be made by the Code Enforcement Officer and a practical builder, engineer or architect to be named by the Board of Trustees and a practical builder, engineer or architect appointed by the person notified as above and, in the event of refusal or neglect of the person so notified to appoint such surveyor, the two surveyors named shall make the survey and report. The notice shall state that, in the event that the sign shall be reported unsafe or dangerous under such a survey, an application will be made at a special term of the Supreme Court in the judicial district in which the sign is located, not less than five nor more than 10 days thereafter, for an order determining the sign to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. A copy of the report of survey sign by the surveyors and a copy of the notice that an application will be made at a special term of the Supreme Court for an order determining the sign to be a public nuisance and directing that it shall be repaired and secured or taken down and removed, duly signed by an officer designated for that purpose by the Board of Trustees, shall be posted conspicuously on the premises. The surveyors named pursuant to the provisions of this section to make a survey of the sign shall be compensated by the Village of East Aurora upon vouchers properly presented. All costs and expenses incurred by the Village in connection with the proceeding specified in this section to remove or secure said sign, including the cost of actually removing said sign, shall be paid by the owner or owners of said sign or other interested party promptly on demand being made therefor and may be assessed upon the premises involved; provided, however, that nothing herein contained shall prevent the Code Enforcement Officer from adopting such precautionary measures as may be necessary or advisable in case of imminent danger to place such sign in a safe condition, the expense of which shall be paid by the owner of the premises upon which said sign is placed.
B. 
Whenever the Code Enforcement Officer shall find that any sign regulated by this chapter is in violation of any of the provisions of this chapter and/or is being erected, constructed, relocated by this chapter is in violation of any of the provisions of this chapter and/or is being erected, constructed, relocated or created without a permit as required by § 209-3 of this chapter, he shall prepare a notice, in writing, advising as to violation of this chapter and directing the owner of the premises upon which the sign is located to remove said sign within seven days from the date of said notice and shall mail a copy on the same day as the date thereof to such owner of the premises upon which the sign is located to his address as shown on the assessment roll of the Village of East Aurora and shall file a copy of such notice in the office of the Mayor on the same day. In the event that said sign is not so removed within the time specified in the notice, the Mayor shall cause an action to be brought in a court of competent jurisdiction for an order directing the removal of such sign and for the imposition of the penalties prescribed by § 209-17 of this chapter. In the event that the premises upon which any sign is maintained is vacated, the owner of such premises shall forthwith remove such sign from such premises. In the event of a violation of this subsection of this chapter, the Mayor shall take such action as is prescribed by this section and § 209-16 of this chapter to cause the sign so found to be in violation of this subsection to be removed. The expense of such removal shall be assessed against the land and/or building on which such sign is located.
[Amended 3-14-2006 by L.L. No. 1-2006]
The Code Enforcement Officer may at any time for a violation of this chapter revoke any sign permit. Notice of such revocation and the reason or reasons therefor, in writing, shall be served by the Code Enforcement Officer upon the owner of the premises on which the sign is placed by mailing the same to his address as shown on the assessment roll of the Village of East Aurora and by filing a copy of said notice immediately in the office of the Mayor. Any person aggrieved by any such revocation of a sign permit by the Code Enforcement Officer may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules. Such proceedings must be commenced within 30 days after the filing of the notice of revocation in the office of the Mayor.
[Amended 3-14-2006 by L.L. No. 1-2006]
Violations of any of the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day's continuance of a violation after notice shall be deemed a separate and distinct violation and shall be punishable accordingly.
This chapter is applicable only to the incorporated area of the Village of East Aurora, New York, and shall be construed as an exercise of the powers of such Village to regulate, control and restrict the use of buildings, structures and land for outdoor advertising purposes, displays, signs or other advertising media in order to promote the health, safety, morals or general welfare of the community, including the protection and preservation of the property of the Village and its inhabitants and of peace and good order, for the benefit of trade and all other matters related thereto. All signs for which permits were issued prior to the adoption of this chapter may be continued although not in conformity therewith, subject to the provisions of this chapter.
This chapter shall hereafter be known and cited as the "Sign Law."