Village Of Dansville

ARTICLE XI

SIGN REGULATIONS

SECTION 1101 DEFINITION 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, unlettered fascia, 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, 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 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 premise 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 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 said 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 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 (2) 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 Law respecting establishments in business districts.

SECTION 1103 PERMITTED SIGNS IN AGRICULTURAL AND RESIDENTIAL DISTRICTS

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

SECTION 1104 PERMITTED SIGNS IN CENTRAL BUSINESS DISTRICT

1104.1 Size and Placement

1104.1-1 Fascia signs shall be permitted two (2) square feet in area for each one (1) lineal foot of wall space upon which surface the sign is to be erected, provided that no fascia sign shall exceed one hundred (100) square feet in area, and shall not extend closer than two (2) feet from the ends of the building or roof line of the building.

1104.2 Number

1104.2-1 One (1) fascia sign is permitted per street front.

1104.2-2 The Zoning Enforcement 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 should 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 may be nonilluminated and limited in text to the name of a resident firm or corporation, each such firm or corporation being allowed one (1) such sign per street frontage.

1104.5 Text on Permitted Signs. The text on each sign is subject to approval by the Zoning Enforcement 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 internal or 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 PERMITTED SIGNS IN THE GENERAL BUSINESS DISTRICT

1105.1 All signs permitted in the Central Business District.

1105.2 No signs shall be erected or maintained except as follows:

1105.2-1 One (1) free-standing, projecting, or ground 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; and

1105.2-2 One (1) fascia sign attached or applied to each building or portion thereof, which sign shall not exceed two (2) square feet for each lineal foot of frontage (to a 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 sing shall be permitted for each street frontage.

1105.3 Sign Set-backs. All free-standing signs must be placed at least ten (10) feet from the street right-of-way.

1105.3-1 No free-standing sign shall be erected or maintained nearer the building facade than three (3) feet, or nearer the sidewalk surface than eight (8) feet, and must be placed so as not to obstruct pedestrian passage on the sidewalk. Such signs may not exceed sixty (60) square feet in area on either of two (2) sides.

1105.3-2 Before a permit for a sign is granted its location in relation to blocking visual access to existing signs is also considered.

1105.4 Text on Permitted Signs: Text as specified in section 1104.5

1105.5 Illumination. 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 1106 PERMITTED SIGNS IN INDUSTRIAL DISTRICT AND COMBINATION

BUSINESS/LIGHT INDUSTRIAL DISTRICT

1106.1 All signs permitted in General Business District.

1106.2 Permitted signs shall be subject to the requirements of Sections 1105.2 through 1105.5 of this Law.

SECTION 1107 SIGNS FOR WHICH PERMITS ARE REQUIRED

1107.1 No sign, advertising structure or device which advertises the principal business or principal businesses conducted on which the sign is located shall be maintained or erected without a written permit, except those specifically permitted in Section 1113.

SECTION 1108 SIGNS FOR WHICH PERMITS WILL NOT BE GRANTED

1108.1 Signs containing flashing, intermittent, rotating, or moving light or lights.

1108.2 Moving Signs: Signs that move or contain visible parts which move or other simulations of movement.

1108.3 Signs containing luminous material, sequin-studded letters, or lettering with fluorescent paint.

1108.4 "A" type signs: Portable free-standing signs or "A" type signs.

1108.5 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 purpose of advertising or attracting attention when not part of a sign.

1108.6 Signs on rocks, trees, etc.: Signs affixed to or painted upon rocks, trees, utility poles, or other such structure.

1108.7 Sign painted on buildings, fences, etc. except those painted upon constructed sign background structure.

SECTION 1109 PROCEDURE FOR RECEIVING PERMIT

1109.1 Application for Permit: Application for the permit shall be made in writing in duplicate, upon forms prescribed and approved by the Zoning Enforcement Officer to the Zoning Enforcement Officer and shall contain the following information:

1109.1-1 Name, address, and telephone number of the applicant.

1109.1-2 Location of building, structure, or land to which, or upon which the sign is to be erected.

1109.1-3 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 or 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.

1109.1-4 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.

1109.1-5 A copy of any required or necessary electrical permit for said sign or a copy of the application thererof.

1109.2 Fees

1109.2-1 The fees to be paid to the Village of Dansville for the erection of each sign and for each of the conforming signs now erected in the Village as of the effective date of this Law shall be $ 45.00.

1109.2-2 The Zoning Enforcement Officer or other designated Village 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.

1109.3 Issuance of Permit. It shall be the duty of the Zoning Enforcement Officer upon the filing of any application for a permit to erect a sign to examine such plans, specifications and other data 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 Law and other laws of the Village of Dansville he shall then, within ten (10) days, issues a permit for the erection of the proposed sign. If the sign authorized under such permit has not been completed within six (6) 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 of $ 45.00.

SECTION 1110 REVOCATION OF PERMIT AND REMOVAL OF CERTAIN SIGNS

1110.1 No sign, whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this 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 Enforcement 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 Enforcement 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.

1110.2 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 Enforcement 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 Enforcement 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.

1110.3 All permanent signs and billboards exposed to public view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs that have become excessively weathered, those upon which the paint has excessively peeled or those whose supports have deteriorated so that they no longer are structurally sound shall, with their supports, be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supports, be removed within thirty (30) days of the date on which the business ceases to occupy the premises. (And shall be painted upon exodus of Tenant within 30 days).

1110.4 If the Zoning Enforcement Officer shall find that any sign regulated by this 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 Enforcement 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 Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.

SECTION 1111 TEMPORARY SIGNS

1111.1 All signs of a temporary nature such as political posters, banners, promotional devices and others 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 position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public. A fee of $1.00 shall be paid upon issuance of a permit for such sign and a cash deposit shall be deposited with the Zoning Enforcement Officer to insure the removal of such sign at the expiration of the permit. The Zoning Enforcement 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 1112 AMORTIZATION OF NONCONFORMING SIGNS

1112.1 To prevent hardship, owners are allowed to use signs which have been in existence prior to the effective date of this Law, until there value is depreciated, provided that such signs were registered prior to such effective date on standard forms for the purpose provided by the Zoning Enforcement Officer, whereupon permits are deemed to have been granted for the signs. The Zoning Enforcement Officer may require the owner of the sign to submit satisfactory proof of the date of erection of such sign and 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, nonconforming signs shall be made to conform to the provisions of the Part or shall be removed when the value of the sign is depreciated.

1112.2 A nonconforming 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 Law.

1112.3 Any sign which existed on the effective date of this 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 nonconforming 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 nonconforming 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 1109 of this Law.

SECTION 1113 EXCEPTIONS

1113.1 None of the provisions of this 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.

1113.2 The limitations on sign area as set forth by this 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.