Town Of North Dansville

ARTICLE XI

SIGN REGULATIONS

SECTION 1101 DEFINITIONS OF TERMS AND PHRASES

1101.1 The "area" of a sign shall be the surface devoted to the conveying of the message exclusive of the structure to support it properly, trim and framing device and any appurtenances required in construction. In the case of open sign structures not having a solid surface or a sign not otherwise inscribed in a definitive area, the area of the sign shall be taken as the area required to circumscribe all letters and devices exclusive of supports.

1101.2 The "value of sign" shall mean the cost of the sign, when it was originally constructed.

1101.3 The term "sign" shall mean any material, structure, or device, or any part thereof, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including window display area, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, sign boards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs, or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.

1101.4 The term "erect" shall mean to build, construct, alter, repair, display, relocate, attach, hand, place, suspend, affix' or maintain any sign, and shall also include the painting of exterior wall signs.

1101.5 The term "front" or "face" of a building shall mean the outer surface of a building which is visible from any private or public street or highway.

1101.6 The term "illuminated sign" shall mean any sign illuminated by electricity, gas, or other artificial light, including reflective or phosphorescent light.

1101.7 The term "lighting device" shall mean any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.

1101.8 The term "projecting sign" shall mean any sign which projects from the exterior of any building.

1101.9 The term "accessory sign" shall mean any sign related to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.

1101.10 The term "non-accessory sign" shall mean any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.

SECTION 1102 PERMITTED SIGNS IN ALL DISTRICTS

1102.1 The following signs are permitted in any appropriate district without a permit.

1102.1-1 Professional nameplates that shall not exceed two (2) square feet in area on either of two (2) sides.

1102.1-2 Signs denoting the name and address of the occupants of the premises, which signs shall not exceed two (2) square feet on either of two (2) sides.

1102.1-3 Signs denoting the architect, engineer, or contractor placed on the premises where construction, repair, or renovation is in progress, which signs shall not exceed ten (10) square feet in area on either of two (2) sides. This sign must be removed from the premises within seven (7) days after such construction, repair, or renovation is completed.

1102.2-1 Signs advertising the sale, lease, or rental of the premises upon which the sign is located, which sign shall not exceed six (6) square feet in area, provided such sign is erected or displayed not less than five (5) feet inside the property line. This sign must be removed from the premises within seven (7) days after the property is sold or leased. Not more than one (1) sign shall be permitted for each street contiguous to the premises, but in no case shall there be more than two (2) signs on the premises.

1102.2-2 Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies, which signs or bulletin boards shall not exceed sixteen (16) square feet in area, and shall be located on the premises of such institutions, provided such signs or bulletin boards are erected or displayed not less than five (5) feet from inside the property line.

1102.2-3 Any sign advertising a commercial enterprise, including real estate developments, apartments, or subdivisions, permitted in a district zoned Residential by any zoning regulation shall not exceed ten (10) square feet in area on either of two (2) sides, and shall advertise only the name of the owner, trade name, products sold, and/or the business or activity conducted on the premises where such sign is located, provided no more than two signs shall be allowed for each such business or commercial activity conducted on the premises which shall in all respects conform to the provisions of this Local Law respecting establishments in business districts.

SECTION 1103 PERMITTED SIGNS IN ALL AGRICULTURAL AND RESIDENTIAL DISTRICTS

1103.1 All signs permitted in Section 1102, subject to the requirements specified therein.

SECTION 1104 PERMITTED SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS

1104.1 Size and Placement

1104.1-1 One (1) free standing, projecting , or grounding sign per street frontage not exceeding sixty (60) square feet in area nor more than twenty (20) feet in height nor less than twelve (12) feet above ground level when not attached to a building, and which advertises only the name of the business, trade names, trademark, or activity conducted on the premises where the sign is located

1104.1-2 One (1) fascia sign attached to or applied on each building or portion thereof, which sign shall not exceed two (2) square feet for each lineal foot or frontage (to maximum of one hundred (100) square feet) occupied by each building on the premises. Where a building has frontage on more than one street or public highway, one such sign shall be permitted for each street frontage.

1104.1-3 The Zoning Officer may grant permits for the erection of directional signs or office identification signs provided that the individual signs do not exceed two (2) square feet in area and provided that they conform to the regulations herein:

A. Directional signs shall be limited to the text "Office", "Entrance", "Exit" or "Parking". Such signs may be provided with indirect illumination.

B. Office identification signs may be attached to an exterior wall of a building adjacent to public entrances. Such signs shall be unilluminated and limited in text to the name of a resident firm or corporation, being allowed one (1) such sign per street frontage.

1104.2 The top of the sign, advertising structure or device shall not exceed twenty (20) feet above the ground level on which the sign is located. This height is permitted only when special circumstances make it necessary.

1104.3 Materials and Shapes.

1104.3-1 Each sign shall be constructed of wood, metal, or other durable material approved by the Zoning Officer.

1104.3-2 Simple forms, such as rectangles, squares, ovals, or circles are permitted. Other forms are subject to approval by the Zoning Officer.

1104.4 Sign Set-backs. All free-standing signs must be placed at least ten (10) feet from the street right-of-way.

1104.4-1 No free-standing sign shall be erected or maintained nearer the building facade than three (3):feet. Such signs may not exceed 60 square feet area on either of two (2) sides.

1104.4-2 Before a permit for a sign is granted, its location in relation to blocking visual access to existing signs is also considered.

1104.5 Text on Permitted Signs. The text on each sign is subject to approval by the Zoning officer and is limited to:

1104.5-1 Name or assumed name of the owner of the property on which it is located;

1104.5-2 Principal business or businesses conducted on the property;

1104.5-3 Brief indication of product or services available.

1104.6 Illumination. Only white artificial and indirect lighting shall be used to illuminate a permitted sign. No flashing, intermittent or moving light or lights shall constitute a part of, or be used to illuminate, a permitted sign. No light shall be placed in such a manner that it is a hazard to the traveling public, or shall cause any objectionable glare, either direct or reflected.

SECTION 1105 SIGNS FOR WHICH PERMITS ARE REQUIRED

1105.1 No sign, advertising structure or device which advertises the principal business or principal businesses conducted on the property on which the sign is located shall be maintained or erected without a permit, except those specifically permitted in Section 1111.

SECTION 1106 SIGNS FOR WHICH PERMITS WILL NOT BE GRANTED

1106.1 Signs containing flashing, intermittent, rotation, or moving light or lights.

1106.2 Moving signs: signs that move or contain visible parts which move or other simulations of movement.

1106.3 Signs containing luminous material, sequin studded letters, or lettering with fluorescent paint.

1106.4 "A" type signs: Portable free-standing or "A" type signs.

1106.5 Advertising devices: No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving, fluttering, or revolving devices. The said devices, as well as strings of lights, shall not be used for the purposes of advertising or attracting attention when not part of a sign.

1106.6 Signs on rocks, trees, etc.: Signs affixed to or painted upon rocks, trees, utility poles, or other such structures.

1106.7 Signs painted on buildings, fences, etc., except those painted upon a constructed sign background structure.

SECTION 1107 PROCEDURE FOR RECEIVING PERMIT

1107.1 Application for Permit: Application for the permit shall be made in writing in duplicate, upon forms prescribed and provided by the Zoning Officer to the Zoning Officer and shall contain the following information:

1107.1-1 Name, address, and telephone number of the applicant.

1107.1-2 Location of building, structure, or land to which, or upon which, the sign is to be erected.

1107.1-3 A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; position of lighting and other extraneous devices; a location plan showing the position of the sign on any building or land, and its position in relation to nearby buildings, structures, or existing signs, and to any private or public street or highway.

1107.1-4 Written consent of the owner of the building, structure or land to which or upon which the sign is to be erected, in the event the applicant is not the owner thereof.

1107.1-5 A copy of any required or necessary electrical permit issued for said sign or a copy of the application thereof.

1107.2 FEES - See Fee Schedule

1107.2-1 The fees to be paid to the Town of North Dansville for the erection of each sign and for each of the conforming signs now erected in the Town as of the effective date of this Local Law shall be according to Fee Schedule posted in Town Clerk's Office.

1107.2-2 The Zoning Officer or other designated Town official shall issue a permit number for each sign which shall be permanently attached to or displayed on each sign, billboard, or structure so that it may readily be ascertained that a permit has been issued for each use.

1107.3 Issuance of Permit. It shall be the duty of the Zoning Administrative Officer, upon the filing of any application for a permit to erect a sign, to examine such plans, specifications and other plans submitted to him with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this Local Law and other laws and Ordinances of the Town of North Dansville he shall then, within ten (10) days, issue a permit for the erection of the proposed sign. If the sign authorized under such permit has not been completed within six months from the date of issuance of such permit, the permit shall become null and void, but may be renewed within ten (10) days from the expiration thereof, for good cause upon payment of an additional fee as per Fee Schedule.

SECTION 1108 REVOCATION OF PERMIT AND REMOVAL OF CERTAIN SIGNS.

1108.1 No sign, whether new or existing, small hereafter be erected or altered except in conformity with the provisions of this Local Law. However, not withstanding any provisions contained herein, the sign must be kept clean, neatly painted, and free from all hazards, such as but not limited to, faulty wiring, loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health and safety. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written or personal notice, specifying the named owner of the land upon which the sign is located, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within

thirty (30) days from the date of receipt of said notice. In the event such sign shall not be so conformed within thirty (30) days, the Zoning Officer shall thereupon revoke the permit, and such sign shall be removed by the named owner of the sign and/or the named owner of the land.

1108.2 Any sign existing on or after the effective date of these regulations, which no longer advertises an existing business conducted or product sold on the premises upon which sign is located, shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. The Zoning Officer, after determining that any such sign exists, shall notify the owner of the premises, in writing, to remove the said sign within thirty (30) days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Zoning Officer is hereby authorized to remove such sign, and shall assess all costs and expenses incurred in said removal against the land or building upon which such sign is located.

1108.3 If the Zoning Officer shall find that any sign regulated by this Local Law is unsafe or insecure, or is a menace to the public, he shall give written notice to the named owner of the land upon which the sign is erected, who shall remove or repair the said sign within thirty (30) days from the date of said notice. If the said sign is not removed or repaired, the Zoning Officer shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which the sign was located. The Zoning Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.

SECTION 1109 TEMPORARY SIGNS

1109.1 All signs of a temporary nature such as political posters, banners, promotional devices and other signs of a similar nature may be granted a temporary permit for a period not to exceed sixty (60) days, provided that such signs are not attached to fences, trees, utility poles, or the like, and further provided that such signs are not placed in a disturbance to the health and welfare of the general public. A fee, as per Schedule, shall be paid upon issuance of a permit for such sign and a cash deposit shall be deposited with the Zoning Officer to insure the removal of such sign at the expiration of the permit. The Zoning Officer after ten (10) days written notice to the permit-holder to remove such sign and after the failure of the permit-holder to do so shall cause said sign to be removed and the cash deposit shall be forfeited to help defray the cost of removal.

SECTION 1110 AMORTIZATION OF NON-CONFORMING SIGNS

1110.1 To prevent hardship, owners are allowed to use signs which have been in existence prior to the effective date of this Local Law, until their value is depreciated, provided that such signs were registered prior to such effective date on standard forms for that purpose provided by the Zoning Officer, whereupon permits are deemed to have been granted for the signs. The Zoning Officer may require the owner of the sign to submit satisfactory proof of the date of erection of such sign and the remaining or undepreciated life of the sign. The normal depreciable life of a sign as approved by the Internal Revenue Service is ten (10) years. Except as otherwise provided in this Part, non-conforming signs shall be made to conform to the provisions of the Part or shall be removed when the value of the sign is depreciated.

1110.2 A non-conforming sign which is destroyed or which is damaged to an extent in excess of fifty (50) percent of its original construction shall not be replaced except by a sign which conforms to the regulations of this Local Law.

1110.3 Any sign which existed on the effective date of this Local Law shall not be enlarged, structurally altered or relocated, except in accordance with the provisions of this Part. For the purposes of this section, the refurbishing of non-conforming signs does not extend the useful life of the sign nor its value. Repairs are limited to those necessary to maintain the sign in a safe and attractive condition. Where non-conforming signs are registered and subsequently refurbished by replacing parts or portions of the sign, or changing the text of the sign, such sign shall be considered illegal and in violation of Section 1107 of this Local Law.

SECTION 1111 EXCEPTIONS

1111.1 None of the provisions of this Local Law shall be construed as preventing or limiting any sign or directional device erected by the Federal, State, County or local government or agency thereof.

1111.2 The limitations on sign area as set forth by this Local Law shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises provided that such signs do not exceed two (2) square feet in area on any one (1) side and do not contain any advertising of the use on the premises.