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Village of Williamsville Code
 
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Chapter 84: Signs
§ 84-1. Purpose.
§ 84-2. Definitions.
§ 84-3. Permit requirements.
§ 84-4. Location and size of signs.
§ 84-5. Use and design.
§ 84-6. Exceptions.
§ 84-7. Prohibited signs.
§ 84-8. Nonconforming signs.
§ 84-9. Abandoned signs.
§ 84-10. Maintenance of signs.
§ 84-11. Temporary signs.
§ 84-12. Fees.

[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 2-26-90 as L.L. No. 6-1990. Amendments noted where applicable.]

GENERAL REFERENCES

Zoning -- See Ch. 112.

§ 84-1. Purpose.

A. The purpose of this chapter is to protect the public health, welfare and safety by regulating existing and proposed outdoor and window signs of all types. It is intended to assist in the creation of an attractive atmosphere for the conduct of business, giving consideration to the aesthetics of the community.

B. No sign shall be constructed, set or erected on any premises, fastened to or erected upon the exterior of any building or other structure or placed upon the ground or placed permanently in any window except as provided herein. 
 
§ 84-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AWNING - A rooflike covering of canvas or other flexible material which extends from the wall of a building.

BUSINESS ESTABLISHMENT - A mercantile building or portion thereof in which a business operation is conducted.

CANOPY - A rooflike covering of metal or other rigid material which extends from the wall of a building.

ENTERPRISE - Any activity having an address located within the Village of Williamsville.

FACE AREA OF A SIGN - The area required to circumscribe all letters and devices or the signboard, whichever is greater.

FASCIA - Any flat horizontal member or molding with minimal projection.

FINISHED GRADE LEVEL - The natural surface of the ground or the surface of the ground after completion of any change in contour.

GENERAL SIGN PERMIT EXPIRATION DATE - The first day of July 1989 and the first day of July of every fifth year their.

LOGO - A distinctive identifying symbol adopted by a company, business establishment or other enterprise, which symbol effectively distinguishes the adopting entity from all other competing establishments of a similar nature.

MANSARD ROOF - That side of a roof having a double slope, the lower slope being much steeper.

NONCONFORMING SIGN - Any lawful use existing at the time of adoption of this chapter or any subsequent amendments thereto which does not conform to the regulations of this chapter or to the regulations of the district in which it is located.

SIGN - Any material, structure or device, or part thereof, composed of lettered or pictorial matter which is located out of doors or on the exterior of any building or indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.

A. Categories of "signs":

(1) CONSTRUCTION SIGN - A temporary sign erected on the premises on which the construction taking place, during the period of such construction indicating the names of architects, engineers, landscape architects, contractors and similar artisans and the owners, financial supporters, sponsor and similar persons or firms having a role or interests with respect to the project.

(2) DIRECTIONAL SIGN - A sign commonly associated with and limited to information and direction and convenient for persons coming on the property, including signs marking entrance: parking areas, on-way driveways, rest room pickup and delivery areas.

(3) DIRECTIONAL SIGN - A sign utilized by any one building with two (2) or more tenants or occupants which sign may be freestanding, attached to an exterior wall or in a window the purpose of which to identify by name and occupation only each of tenants or occupants therein.

(4) FLASHING SIGN - A moving, animated or illuminated sign on which any artificial or reflected light is not maintained stationary and constant in intensity or color at all times when in use. A revolving illuminated sign shall be considered a "flashing sign."

(5) GOVERNMENTAL SIGN - A sign erected and maintained pursuant to and in discharge of any governmental function or required by any general law, local law or governmental regulation.

(6) ILLUMINATED SIGN - Any sign designed to give forth any artificial light or designed to reflect light from one (1) or more sources, natural or artificial.

(7) POLITICAL SIGN - A temporary sign announcing or supporting one (1) or more political candidates or issues in anticipation of any national, state or local election

(8) PRIVATE SALE SIGN - A temporary sign advertising the sale of personal property at house sales, garage sales, rummage sales and the like.

(9) REAL ESTATE SIGN - A temporary sign pertaining to the sale or lease of the premises or a portion of the premises on which the sign is located.

(10) SUBSIGN - On a sign advertising more than one (1) enterprise, that portion dedicated to any single enterprise.

(11) TEMPORARY SIGN - A sign which is designed to announce a special event or activity, erected on any premises, and which is intended to be removed upon the conclusion of the special event or activity.

(12) WARNING SIGN - Signs limited to messages of warning, danger or caution.

B. Structural types:

(1) AWNING/CANOPY SIGN - A drawing, printing or other configuration printed on or attached to an awning or canopy, which purports to indicate the nature or name of or to publicize any service, any organization or any commercial enterprise.

(2) BILLBOARD - A structure for displaying advertisements, not located on the premises where the advertised activity takes place.

(3) BULLETIN BOARD - A sign erected by a religious or nonprofit organization to identify itself and announce anticipated programs and events.

(4) Fascia SIGN - A sign attached flat against a fascia.

(5) FREESTANDING SIGN - Any sign not affixed to a building which is held in position permanently by a post, pedestal, standard or similar support.

(6) NEON WINDOW SIGN - A sign that incorporates illumination through the use of neon-type gas.

(7) PROJECTING SIGN - A sign that is wholly dependent upon a building for support and which projects more than six (6) inches from such building.

(8) ROOF SIGN - A sign that is mounted upon the roof of a building.

(9) WALL SIGN- A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than six (6) inches from such building or structure.

(10) WINDOW SIGN - A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, located inside within four (4) feet of the window, but shall not include graphics in connection with customary window display of products.

(a) TEMPORARY WINDOW SIGN - A window sign designed to advertise a special event.

(b) PERMANENT WINDOW SIGN - A window sign designed to advertise the enterprise therein.

SIGNBOARD - A board bearing a sign or notice.

SIGN PLAN - A diagram or drawing, prepared to scale, showing the sign and its placement upon the building or property.

SILL - The horizontal bottom member of a window frame or other frame. [Added 12-13-1993 by L.L. No. 13-19931

SILL COURSE - In stone masonry, a stringcourse set at windowsill level commonly differentiated from the wall by its greater projection, its finish or its thickness. [Added 12-13-1993 by L.L. No. 13-1993]

WINDOW GLASS AREA - The total glass area of all windows located on the same building side and floor as a window sign, excluding any windows within a door frame. 

§84-3. Permit requirements.

A. No sign shall be hereafter erected, placed or altered at any place in the Village of Williamsville, except as provided by this chapter and only after a permit therefore has been issued in compliance with the provisions of this chapter, unless expressly stated otherwise.

B. Application for a sign permit shall be made in writing and signed by both the owner and lessee or occupant for whom the sign is intended. The application shall be accompanied by a scale drawing showing dimensions, proposed design, the message (including graphics), colors, materials, structural details and, in the case of freestanding signs, a location map or plot plan delineating the location of building and parking areas, other signs within the same property and any obstruction in relation to the designated location of the proposed sign. The application shall be made on forms provided by the Building Department. At the time of filing the application, the applicant shall pay the required nonrefundable application fee and the required sign use fee in accordance with the fee schedule then in effect. If the sign is not approved by the Planning/Architectural Review Board, the sign use fee shall be refundable.

C. No sign for which a permit has been issued hereunder shall be moved, altered, changed, enlarged or reconstructed without a new permit having first been issued therefor in accordance with the provisions of this chapter. A new permit shall not be required for any routine cleaning or maintenance.

D. Sign permit in R-3M, C or M Districts. [Amended 11-22-1999 by L.L. No. 12-1993]

(1) Any application for a sign permit in any R-3M, C or M District shall be subject to approval by the Village Planning/Architectural Review Board in accordance with Chapter 112, Zoning, § 112-23.

(2) After approval of the permit, all applicants will be required to submit a photograph of the sign to the Building Department within thirty (30) days of the erection of the sign.

E. In determining the acceptability of any proposed sign, the Village Planning/Architectural Review Board shall apply the following criteria:

(1) The sign, as proposed, will not be detrimental to the subject premises and other property in the immediate area.

(2) The sign, as proposed, will not create a hazard.

(3) The sign, as proposed, will not interfere with the use of public lands or highways.

(4) The sign, as proposed, is in harmony with the purpose of this chapter as stated in § 84-1.

(5) The sign, as proposed, shall be in aesthetic and architectural harmony with the subject premises and other signs and buildings in the immediate area.

F. Except as otherwise provided herein, a permit required by and issued in accordance with this chapter shall be valid until the general sign permit expiration date as established herein. Upon notice to renew and prior to the expiration of the period for which the sign is valid, the owner of such sign shall pay the required renewal fee. Where the Building Inspector, after inspection, determines that the sign is in good repair and maintained in accordance with the original permit, a renewal of such permit shall be issued, which shall again be valid for a period of five (5) years. Where the Building Inspector determines that the sign is not in good condition or not maintained in accordance with the original permit, or where a modification of such sign is sought, application shall be made for a new permit in accordance with the provisions of this chapter. Failure to pay the renewal fee within thirty (30) days after the general sign permit expiration date shall cause the sign to become illegal and require its immediate removal.

G. Where a permanent sign has been erected without a permit, no subsequent application for a sign permit shall be considered by the Planning/Architectural Review Board until the sign has been fully and securely covered from public view. An additional fee, equal in amount to the application fee, shall be paid to cover the cost of inspection for compliance.

H. Window signs. [Added 9-27-1993 by L.L. No. 10-1993]

(1) No permit shall be required for a window sign or a neon window sign. Where a question is raised as to possible noncompliance of such a sign, the owner thereof shall provide, within seven (7) days after notice in writing from the Building Inspector, a scale drawing showing thereon the total window glass area and calculations of permissible sign area as established by this chapter.

(2) If the sign is determined to be in violation of this chapter, it shall be removed or brought into compliance within ten (10) days after notice in writing to the owner from the Building Department.

(3) Where a window sign is also the primary means of identifying the name of the enterprise and is not supplementary to any other sign designating the enterprise, it shall be treated as any other sign which is required under this chapter to have approval of the Planning Board before erection.
  84-4. Location and size of signs.

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