(A) Intent and purpose. The intent and purpose of this section of the zoning ordinance addressing signs is:
(1) Upon the adoption of this law, all new signs must comply with the revised signage law;
(2) To set forth minimum standards regulating the design, erection, display and maintenance of signs based on the use of land and intensity of development permitted in the village; to reduce hazards caused by signs overhanging or projecting onto public right-of-way, and by signs that impede or distract traffic or otherwise interfere with public safety;
(3) To acknowledge that the reasonable display of signs is appropriate as a public service and necessary to the conduct of competitive commerce and industry;
(4) Fines will be incurred for non-compliance. Fees to be determined from time to time by resolution of the Village Board of Trustees;
(5) To enhance and protect the natural beauty, historic and aesthetic qualities and neighborhood values throughout the village; to insure the tasteful display of signs in the high density commercial and residential area along Route 16 and to secure economic stability in property values.
(B) General standards. The following general standards shall be adhered to for all signs.
(1) Signs shall be maintained in a safe, legal, and non-deteriorated condition at all times.
(2) Frames, poles, braces, supports, etc. must be kept painted and maintained free of weeds, brush and debris.
(3) Removal and maintenance of signs.
(a) The Code Enforcement Officer (herein CEO) may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
(b) Unsafe and unlawful signs must be removed or altered within five days after notification by the CEO. In addition to any costs incurred pursuant to this division, the violator may be subject to penalties defined by these codes as well as other penalties to the maximum extent allowed by state law.
(c) Other damaged or deteriorated signs must be repaired or replaced within 30 days. In addition to any costs incurred pursuant to the provisions of this division, the violator may be subject to penalties defined by these codes as well as other penalties to the maximum extent allowed by state law.
(d) When the sign display is no longer appropriate as a result of, but not limited to the sale, transfer, conversion or demise of a business, product, or person, the sign shall be removed within seven days.
(e) Any non-conforming, abandoned, unsafe or illegal sign existing on or after the effective date of this section shall be removed or repaired, as applicable, by the owner of the premises upon which such sign is located after written notice as provided herein. Upon removal of any wall sign the surface area of the facade shall within 30 days of removal be restored to a condition substantially equivalent to the remaining portion of the face in appearance. The CEO, upon determining that any such sign exists, shall notify the owner and beneficial user of such sign in writing, to remove, or repair the said sign within the time limits indicated in division (3)(a) through (d) above from the date of such notice. Upon failure to comply with such notice within the prescribed time, the CEO shall remove or cause removal of such sign, and shall assess all costs and expenses incurred in the said removal against the property on which such sign is located.
(f) If any sign is damaged or deteriorated beyond 25% as determined by the CEO, the sign must be removed.
(4) Village approval shall in no way eliminate the need for a permit from the New York State Department of Transportation (D.O.T.), when sign is visible to traffic on a state primary route (e.g. Route 16).
(5) Although there is requirement that all signs must be professionally made and lettered, it is expected that all signs will be attractive and not emanate a "homemade" or amateurish appearance.
(6) Signs not requiring a permit will not be charged a permit fee. A permit fee in the amount to be determined from time to time by the Village Board.
(7) Off premise signs will be limited to no more than a total of three.
(8) At this time, the Sign Committee is the Village Planning Board.
(C) Signs not permitted. The following signs will not be permitted in the Village of Franklinville:
(1) Signs that constitute a traffic hazard. No sign or other advertising structure as regulated by any of the provisions of this section shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device or which makes use of the words, "STOP", "LOOK", "DRIVE-IN", "DANGER" or other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
(2) If the CEO's inspection finds that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of any of the provisions of this chapter, notice shall be given in writing by the CEO to the beneficial user and if owner fails to remove or alter the structure so as to comply with the standard herein set forth within five days after such notice, such sign or other advertising structure may be removed or altered to comply by the CEO at the expense of the owner of the property upon which it is located. The CEO may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
(3) Indecent, pornographic, or defamatory signs that malign or belittle, any of the following, but not limited to, a person, product, institution, practice or belief.
(4) Signs that contain, flashing, moving, or animated parts.
(5) Signs in excess of 96 square feet (equivalent of 3 - 4 feet x 8 feet).
(6) Signs on the top of a roof of any building. Roof signs are to be discouraged. However, on the buildings with multi-level roofs, signs may be permitted on the lower roof provided the 20-foot maximum height is not violated.
(7) Signs painted on sidewalks, streets, or curbs.
(8) Signs higher than the building identified or 20 feet from ground to the top of the sign, whichever is less.
(9) Signs with more than two uprights for a sign with two faces, three uprights for a three- faced sign, or four uprights for a sign with four faces (i.e. square or rectangular).
(10) Vehicles on public property, solely for the purpose of displaying an advertisement, with the exceptions in the cases, but not limited to buses, taxis, sanitation trucks and commercial vehicles engaged in their ordinary business.
(D) Signs not requiring a permit. The following types of signs shall not require a permit, provided that any such sign is not illuminated and that no more than one such sign shall be located on each street or road line of a lot:
(1) Temporary signs, consisting of:
(a) Signs of a temporary nature for special events, such as special event posters, political posters, including lawn/estate sales, yard sales, garage sales, banners, and similar signs, provided that such signs do not overhang a public right-of-way and are not attached to trees or utility poles and that consent of the property owner or occupant is obtained. Each such sign must specify the name and address of the person or organization responsible for its removal and shall be removed within 24 hours after the advertised event or within 30 days from installation, whichever is earlier.
(b) Any signs of temporary nature, including painted or lettered directly on a window or other necessary part of a building when the sign is inside of the building.
(2) Signs required by law or needed for official government business or public safety and installed by local, state or federal authority.
(3) Non-illuminated real estate signs not exceeding six square feet in area which advertise the sale, rental or lease of the premises upon which signs are located.
(4) Nameplates not exceeding one square foot in area, containing only the name of the building and name of agent.
(5) Bulletin boards not exceeding 15 square feet in area, erected upon the premises of a church, funeral home or public institution for the purpose of displaying the name of the institution and its activities or services.
(6) Signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding 16 square feet in area, for the designation of one individual or firm. For multiple designations, the sign may be up to 32 square feet in area. In no event will more than one sign per location be allowed, and it must be removed within 48 hours after the receipt of the certificate of occupancy.
(7) Memorial signs or tablets, names of buildings and dates of erection, provided that such signs do not exceed two square feet in area.
(8) Permanent signs to be painted or lettered directly on a window or other necessary part of a building shall require application, review and approval by the CEO and/or Sign Committee consistent with the size requirements of this section.
(9) Neon signs in the window of a retail establishment not larger than four square feet or 25% of the window area, whichever is less, provided that the sign is lit only during the business hours.
(10) Sandwich board signs meeting the following criteria:
(a) No sandwich board sign shall be larger than six square feet in area for each face or 48 inches in height or width. Such signs shall not be higher than four feet above the adjacent sidewalk or curb.
(b) Sandwich board signs shall be designed and located so as not to be an obstruction on any public space or walkway.
(c) Sandwich board signs shall not be illuminated and may be displayed only between sunrise and sunset. While on display, such signs shall be securely fastened so as to prevent accidental tipping or blowing over.
(E) Signs requiring a permit with approval of the CEO. The CEO may refer to The Planning Committee for their approval in certain instances. Upon proper application and payment of the required fee, the CEO may issue sign permits for:
(1) Ground signs (other than a real estate developer's offering) which meet the following criteria:
(a) Does not exceed 32 square feet in area.
(b) Set back behind the right-of-way line from the road.
(c) Only one sign per location is allowed. A location is defined as follows:
1. As an entranceway to, or roadway bordering on, but not limited to, a plaza, office complex, commercial multi-story building. All products and services available at this location must utilize the one sign. This requirement does not preclude the use of small traffic signs or appropriate wall signs for identifying the occupants or services available in a particular portion of the complex.
(d) For safety and appearance, no guide wires will be allowed.
(e) All letters, figures, characters or representations in cut-out or irregular form, maintained in conjunction with, attached to, or superimposed upon, any sign shall be safely and securely built, or attached to the sign structure.
(f) Lighting shall be permitted on ground signs, provided that illumination is concentrated upon the area of the sign so as to prevent glare upon the street or adjacent property.
(2) Wall signs (other than real estate developer's offering) which meets the following criteria:
(a) Does not exceed 32 square feet in area.
(b) Structure on which mounted is set back behind the right-of-way line from the road.
(c) No wall sign shall cover, wholly or partially, any wall opening.
(d) No wall sign shall project beyond the ends or top of the building wall to which it is attached, nor be set out more than one foot from the face of the building to which it is attached.
(e) All letters, figures, characters, or representatives in cut-out or irregular form, maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
(f) No wall sign shall be erected, relocated or maintained so as to prevent free ingress to, or egress from any door, window or fire escape.
(3) Movable or lighted mobile signs (other than a sandwich board). Recognized civic organizations, which have been in existence one year or more, may be issued a permit to advertise a special community event for a period not to exceed one week prior to the event, and must be removed within 24 hours after the event.
(4) Temporary cloth signs, banners, streamers advertising routine non-special event business activities shall require application, review and approval by the CEO for a sign permit as provided in this chapter. Temporary cloth, banner or streamer signs exceeding 32 square feet shall be reviewed and approved by the Sign Committee (Planning Board). No temporary cloth, banner, streamer sign shall remain in place more than 30 days from installation.
(5) Temporary cloth signs, banners, streamers, etc., may be suspended over, or placed on public property after review and approval by the Planning Board. The Planning Board may require reasonable liability insurance coverage for such installation. Such temporary signs shall be removed within 24 hours after the advertised event or at the end of the season if a seasonal event is advertised.
The regular permit fee and permit process is waived for signs in this category. Such signs, banners, streamers/flags to be suspended over a public property (sidewalk) shall hang no lower than eight feet above the public property. Temporary cloth signs, banners or stream type signs not suspended over or placed on public property and exceeding 32 square feet in size shall be reviewed and approved by the Sign Committee (Planning Board) before authorizing the CEO to issue a sign permit.
(6) Ground signs (other than a real estate developer's offering) in excess of 32 square feet (but not to exceed 96 square feet) and containing one or more variances from the standards listed in this section.
(7) Wall signs (other than real estate developer's offering) same as ground signs.
(8) Developer's offering. A permit for a subdivision or planned unit development (PUD) offering sign whether put in place by a real estate developer, contractor or owner, may be issued for a period of six months. The permit may be renewed without payment of an additional fee. These signs, which are expected to be erected for a limited time only, must meet all applicable sign requirements.
(9) Signs painted on buildings (including murals, and paintings).
(10) All projecting signs. Every projecting sign shall be placed so that its lowest point shall be at least eight feet above ground level and the distance of the vertical edge nearest the building shall not exceed three feet from the face of the wall to which it is attached, or shall any sign or part thereof extend nearer the curb line than one foot.
(a) All letters, figures, characters or representations in cut-out or irregular form maintained in conjunction with attached to, or superimposed upon, any sign shall be safely and securely built or attached to the sign structure.
(b) No projecting sign shall be erected, relocated or maintained so as to prevent free ingress to, or egress from any door, window or fire escape.
(c) Lighting shall be permitted on projecting signs, provided that illumination is concentrated upon the area of the sign so as to prevent glare upon the street or adjacent property.
(d) Projecting signs exceeding 50 pounds in weight shall not be attached to or supported by frame buildings or the wooden framework of a building. No projecting sign shall be secured with wire, stripes of wood or nails nor shall any projecting sign be hung or secured to any other sign.
(11) Hanging signs.
(a) Every hanging sign shall be placed so that its lowest point shall be at least eight feet above grade level.
(b) All letters, figures, characters or representations in cut-out or irregular form maintained in conjunction with attached to, or superimposed upon, any sign shall be safely and securely built or attached to the sign structure.
(c) Lighting shall be permitted on projecting signs, provided that illumination is concentrated upon the area of the sign so as to prevent glare upon the street or adjacent property.
(d) Hanging signs exceeding 50 pounds in weight shall not be attached to or supported by frame buildings or the wooden framework of a building. No projecting sign shall be secured with wire, strips of wood or nails nor shall any projecting sign be hung or secured to any other sign.
(12) Awnings and canopies.
(a) Shall not exceed beyond a point 12 inches inside the curb line.
(b) The lowest portion thereof shall not be less than eight feet above grade level.
(c) Construction of canopies. Canopies shall be constructed of cloth, metal hood, or other approved materials. The framework of all canopies shall be approved by the CEO.
(d) Construction of awnings. Awnings shall be constructed of cloth or metal. However, all frames and supports shall be of metal. Every awning shall be securely attached to and supported by the building.
(e) Advertising. No advertising shall be placed on any awning or canopy, except the name of the owner and the business, industry or pursuit conducted within the premises. Said advertising may be painted or otherwise permanently placed in a space not exceeding eight inches in height on the front and side portions thereof.
(13) News racks and vending machines.
(a) Purpose.
1. The uncontrolled placement of news racks and/or vending machines in a public right-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings and persons performing essential utility, traffic control and emergency services.
2. News racks and/or vending machines located as to cause an inconvenience or danger to persons using public right-of-way, and unsightly news racks and/or vending machines located therein, constitute public nuisances.
3. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health and general welfare of persons in the village.
(b) Word usage and definitions. For the purposes of this division, the following words and phrases shall have the meanings given herein.
CEO. Code Enforcement Officer.
DISTRIBUTOR. Any person responsible for the installation, use or maintenance of a newsrack in a public street.
NEWS RACK. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers, periodicals or other printed matter.
ROADWAY. That portion of highway improved, designed or ordinarily used for vehicular travel, exclusive of the curb or shoulder.
SIDEWALK. That portion of a street between the curb lines or lateral lines of a roadway and the adjacent property lines, intended for use by pedestrians.
SIGN.
a. Any structure, display, device or representation which is designed or used to advertise or call attention to any thing, person, business, realty subdivision or development, activity or place and is visible from a highway, street or other public right-of-way. This definition is not to be restricted to traditional and familiar forms but will include any new and evolving technologies such as, but not limited to, laser lights.
b. This definition shall not include holiday decorations; the noncommercial use of any flag, emblem, insignia or other display of any nation or political subdivision; traffic, safety, or similar regulatory devices; scoreboards; or customary displays of merchandise or objects and materials placed behind a store window.
STREET. The entire width between the boundary lines of the right-of-way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and it includes any alley or public grounds in the village.
VENDING MACHINE. A machine for storing a quantity of a small article, as candy bars, soft drinks, or packs of cigarettes, and dispensing one when a coin or coins are inserted.
(c) Permit required. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk or in any other public way or place in the village any newsrack without first having obtained a permit from the Village Building Inspector/Code Enforcement Officer specifying the exact location of such newsrack. One permit may be issued to include any number of newsracks and shall be signed by the applicant.
(Prior Code, § 12-9-3) (Am. Ord. 1-2009, passed 2-9-2009; Ord. passed 3-14-2022)