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Chapter 84: Signs (Continued)

84-4. Location and size of signs.

A. Residential districts (R-1, R-2, R-3, R-3M and R-4). Signs are permitted in residential districts as follows:

(1) Single- and two-family dwellings may display one (1) nonilluminated sign not exceeding four (4) square feet in area per side [no edge shall exceed two (2) linear feet], indicating thereon only the name and street number. Such sign shall be attached to a principal building or to a separate support, which support, together with the sign, is not more than four (4) feet in height, and be placed at least ten (10) feet from the property line of abutting premises.

(2) Multiple dwellings may display one (1) nonilluminated sign for each building, not exceeding four (4) square feet in area [no edge shall exceed two (2) linear feet], indicating only a building identification name and street number of the building. Each sign shall be attached to a building.

(3) A church or other nonprofit organization may display one (1) bulletin board and one (1) identification sign.

(a) The identification sign shall not exceed twenty

(20) square feet in area per face and be located at least ten (10) feet from any property line and be not more than four (4) feet in height.

(b) The bulletin board shall not exceed sixteen (16) square feet in area per face and be located at least ten (10) feet from any property line and be not more than eight (8) feet in height.

(4) Temporary signs permitted in R-Districts.

(a) One (1) nonilluminated construction or real estate sign not exceeding thirty (30) square feet in area per face, located at least fifteen (15) feet from any property line, may be erected on the construction site of any multiple dwelling or other development. Any such sign shall be removed within fourteen (14) days of completion of the development or upon total occupancy, whichever comes first.

(b) Signs for home improvement or remodeling contractors may be erected without a permit and shall be limited in size to six (6) square feet per face. Such signs shall be removed within seven (7) days of completion of the project.

(c) One (1) nonilluminated real estate sign not exceeding six (6) square feet in area per face, located at least five (5) feet from all property lines and not more than four (4) feet in height. Such sign shall be removed within five (5) days after the time of the contract of sale or lease.

(d) Private sale signs may be displayed for a period not to exceed three (3) days.

(e) Governmental signs placed for a public reason.

(f) Warning signs. If intended to remain in place more than five (5) days, placement shall require a permit from the Building Inspector.

(g) Political signs. Such signs shall conform to § 84-11 of this chapter.

B. Commercial and manufacturing districts (C-1, C-2, C-3 and M-1). Signs are permitted in commercial and manufacturing districts as follows:

(1) As permitted in R Districts.

(2) Each separate enterprise shall be permitted to erect one (1) wall sign or one (1) roof sign. In addition thereto, such enterprise may place either one (1) projecting sign, one (1) awning/canopy sign or one (1) or more window signs as limited by Subsection B(5)(d) hereof. In no event, however, shall any combination of permanent and temporary window signs cover more than twenty-five percent (25%) of any given window.

(3) Where a separate enterprise fronts on two (2) public streets, one (1) additional sign of any category, except freestanding, may be erected, subject to the following provisions:

(a) The total area of any combination of signs shall be not greater than one and one-half (1 1/2) times the maximum area other-wise permitted.

(b) No individual sign shall be larger in dimension than otherwise permitted in this chapter.

(4) Where two (2) or more enterprises occupy the same physical space or are located in such proximity, one to the other, that it is necessary to pass through one enterprise to reach the other, the combined total roof and/or wall signage shall not be greater than that permitted for a single enterprise.

(5) No sign shall be erected except as follows:

(a) Wall sign shall be no larger than twenty percent (20%) of that wall upon which it is placed or fifty (50) square feet, whichever is less, and shall not be installed above the lower sill or the sill course, as the case may be, of any second story window. [Amended 12-13-1993 by L.L. No. 13-1993]

(b) Roof sign shall be no larger than twenty percent (20%) of the area of the wall over which it is placed or fifty (50) square feet, whichever is less, shall not rise above the top of the lowest peak of the building roof and shall be installed to withstand a wind pressure of thirty-five (35) pounds per square foot.

(c) Awning/canopy sign shall contain only the name, logo of the enterprise and street number of the enterprise. Where a single enterprise has more than one (1) awning/canopy, each awning/canopy may contain thereon only the name, logo and street number. Where- an awning/canopy covers more than one (1) enterprise, each separate enterprise shall be entitled to identify itself thereon.

(d) Permanent window sign. The total area of all such signs shall not exceed twenty percent (20%) of the window glass area of the affected window. In calculating the amount of coverage, the actual area of each sign shall be used so long as any such sign is located within four (4) feet of the window.

(e) Projecting sign shall be permitted, subject to the following:

[1] The sign shall be constructed only of wood and shall have no more than two (2) faces, with a maximum area of ten (10) square feet per face, and in no case shall the largest dimension exceed four (4) feet.

[2] All lettering shall be routed or painted and the entire sign shall be painted to conform to established regulations.

[3] Such sign may contain only the name or logo of the enterprise and the street number.

[4] The edge of the sign nearest to the building wall shall be not more than ten (10) inches distant from said wall.

[5] The bottom edge of any such sign shall be at least eight (8) feet above finished grade level.

[6] Any projecting sign not constructed in accordance with this chapter shall be removed or replaced on or before July 1, 1994.

[7] No sign permit shall be issued for any sign that projects into the state right-of-way without prior written consent of the State of New York.

(f) Freestanding sign shall be permitted, subject to the following:

[1] Each commercial or manufacturing property, regardless of the number of commercial or industrial enterprises located thereon, shall be limited to one (1) freestanding sign of no more than two (2) faces, subject to the following:

[a] Premises with less than thirty (30) feet of frontage on any street shall not erect a freestanding sign.

[b] No part of the sign shall be closer than two (2) feet to the inner edge of the public sidewalk, and in no case shall it be located in the public right-of-way.

[c] The highest point of the sign shall not exceed twenty (20) feet above finished grade level.

[d] The lowest point of the sign shall not be closer than two (2) feet to finished grade level.

[e] The longer side of the sign shall be parallel to finished grade level, and its length shall not be more than twice that of the shorter side.

[f] All freestanding signs shall be enclosed within a single square or rectangle frame unless constructed entirely of wood.

[g] The application shall designate the maximum number of enterprises that may potentially advertise on said sign.

[h] A subsign of dimensions less than twelve and one-tenth (12.1) square feet, comprised of lettering only, may be replaced by a new subsign of similar character and dimension without obtaining a new permit.

[2] [Amended 11-22-1993 by L.L. No. 12-1993] No face of a freestanding sign shall be greater in area than the following:

Maximum

Feet of Number of Square Feet

Frontage Enterprises Allowed

30-49.99 N/A 20

50-99.99 3 40

4 or more 60

100-200 2 60

3 60

4 or more 60

200+ 2 60

3 60

4 or more 60

(g) Directory sign shall be of maximum dimensions not greater than three (3) feet horizontally and four (4) feet vertically. Each subsign contained therein shall be of maximum dimensions not greater than three (3) feet horizontally and six (6) inches vertically. The size and lettering on all subsigns shall be uniform. The application shall designate the maximum number of enterprises that may potentially advertise on said sign. Existing subsigns may be substituted or replaced by one of similar character and dimension without obtaining a new permit.

(h) Neon window sign shall not exceed ten percent (10%) of the window glass area. In no event shall any window contain therein more than one (1) neon sign. The area of the sign dimensions shall be defined as the product of the greatest horizontal dimension and the greatest vertical dimension required to fully enclose the sign.
 
§ 84-5. Use and design.

A. All buildings shall display an address number which is easily identified from the street.

B. No signs shall be painted on a building or other structure.

C. No person shall post any handbill, notice or advertisement or paint, stamp or otherwise mark any words, letters, figures, signs or tokens on any public sidewalk, curbstone, utility pole, tree or fence within the public right-of-way or on any property of the Village of Williamsville without a special permit issued by the Mayor.

D. No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering, revolving, flashing or animated devices; nor shall any of the aforesaid devices or any strings of lights be used for purposes of advertising, illumination or otherwise attracting attention, with the exception of holiday decorations placed between Thanksgiving and January 10.

E. No sign, banner or material of any sort shall be suspended across any public street, sidewalk or parking lot or any driveway without a special permit issued by resolution of the Board of Trustees.

F. Any illuminated sign shall bear the Underwriters' label and shall be designed so as to protect adjoining or nearby property and/or street from direct glare, nuisance or hazardous interference of any kind.

G. No person, corporation, association or firm shall either directly or indirectly place or cause to be placed, scatter or throw any poster, handbill, dodger, circular, leaflet, pamphlet, newspaper or any written or printed matter of any kind on a public highway or other public ground.

H. No sign shall be erected in such 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.

I. No sign shall be erected in such manner as to obstruct the view at any street intersection. No sign shall be erected in such manner as to prevent the driver of any vehicle from having a clear and unobstructed view of any official sign or entrance or exit roadway or intersection or approaching or merging traffic.

J. No sign shall be located in any commercially zoned district within ten (10) feet of any residentially zoned district.

K. The surface area of any sign located within one hundred (100) feet of a residentially zoned district shall not be greater than the number of linear feet of its distance from the R District, subject to the other surface area limitations in this chapter.

L. The design and dimension of all logos shall be subject to approval by the Architectural Review Board. The area of any logo may not exceed four (4) square feet and the maximum outer dimension shall not exceed four (4) feet.

§ 84.6. Exceptions.

A. The provisions of this chapter shall not apply to safety signs, road signs, historical markers or highway directional signs erected by municipal or public agencies.

B. Traffic directional signs not exceeding three (3) square feet in size may be permitted on private property without a permit, provided that such signs conform to the provisions relating to illumination and do not cause interference with traffic on public highways and do not include any advertising of the use of the premises.

C. In the case of historical landmarks, the Planning/Architectural Review Board may waive any of the provisions of this chapter. All applications shall be reviewed by the Historical Preservation Committee, which shall make recommendations in writing to the Planning Board.
 
§ 84-7. Prohibited signs.

The following signs are strictly prohibited within the Village of Williamsville:

A. Billboards of any type or design.

B. Flashing, rotating, revolving and moving signs or sign components.

C. Signs which imitate an official traffic or parking sign or signal.

D. Any sign attached to the roof of a vehicle parking either in the right-of-way or on private property so as to be visible from the street, which sign is designed to advertise or otherwise direct attention to a business establishment located at or near the place where the vehicle is parked.

E. Any exterior sign using neon gas as a means of illumination and/or decoration.

§ 84-8. Nonconforming signs.

[Amended 5-23-1994 by L.L. No. 1-1994].

A. Signs eligible for characterization as nonconforming. Any sign which does not comply with this section is eligible for characterization as a nonconforming sign if the sign complied with all requirements in effect at the time it was erected.

B. Loss of nonconforming status. A nonconforming status shall terminate, if:

(1) The sign is altered in any way in structure or size (except for normal maintenance).

(2) The sign is relocated.

(3) The sign is replaced.

C. Nonconforming sign maintenance and repair. Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of the property on which the nonconforming sign is located from complying with the provisions of this chapter regarding safety, maintenance and repair of signs, provided that any repainting, cleaning or routine maintenance or repair of the sign or sign structure shall not be deemed to modify the sign in any way.
 
§ 84-9. Abandoned signs.

Any sign that advertises an activity, business, product or service no longer conducted or available on the premises on which the sign is located shall be prohibited and removed within fourteen (14) days of receipt of written notice from the village. Upon failure to comply, the village may cause the removal of the sign and add the expense of removal to the next taxes assessed to the property.

§ 84-10. Maintenance of signs.

Signs shall be kept in good repair and free from structural defect. The display surfaces and structures shall be kept neatly maintained at all times. Any sign found not properly maintained may be ordered removed after written notice from the village. In the event that the sign is not made to conform or if the sign is not removed within thirty (30) days from the date of the written notice, the Building Inspector shall cause the removal of such sign and the expense of removal shall be added to the next taxes assessed to the property.

§ 84-11. Temporary signs.

A. A temporary sign may be erected, unless otherwise permitted, only upon the granting of a temporary sign permit by the Building Inspector. Application for such permit shall be made on the form provided, and such permit may be granted only to the owner of the property on behalf of the following:

(1) A charitable or not-for-profit educational, professional or service organization. The sign shall be no greater in dimension than twenty (20) square feet and shall be located only on the premises where the event advertised is located.

(2) A newly established or located business establishment awaiting the approval of a permanent sign permit.

(3) An existing business which has lost the use of an earlier, legal, existing sign by reason of accident or other unanticipated event beyond the control of the owner of the business.

(4) A newly constructed multiple residence or commercial development, announcing the availability of leases or sales.

B. Each application for a temporary sign permit shall describe the manner in which the proposed sign is to be erected.

C. The dimensions of any temporary sign, its placement and the message or wording thereon shall be regulated, unless otherwise noted, by the provisions of § 84-4 of this chapter.

D. A temporary sign permit shall be granted, unless otherwise permitted, for a period not to exceed thirty (30) days from the date of issue. The permit may be extended once for an added period not to exceed thirty (30) days upon written application setting forth the special circumstances requiring the extension.

E. Each applicant, except those excluded by this chapter, shall be required to pay a fee as established by the Board of Trustees. An additional fee shall be charged if an extension is granted.

F. Political signs shall be no greater in dimension than nine (9) square feet in any R District and twenty-four (24) square feet in any C or M District. Such signs shall not be erected on any public property, including the right-of-way, or within two (2) feet of any public sidewalk. If there is no public sidewalk, such signs shall not be erected within fifteen (15) feet from the edge of the pavement or within thirty (30) feet from the nearest intersection. Such signs may be displayed for a period not to exceed thirty (30) days and must be removed by the property owner within five (5) days alter the election to which they pertain. A temporary sign permit shall be required for any such sign. The application for such permit shall be signed by the chairperson of the political party sponsoring the candidate or personally by the candidate.

G. Miscellaneous temporary signs.

(1) Signs designed to advertise nonprofit activities may be displayed in a window for a period of not more than twenty-one (21) days prior to and seven (7) days alter the advertised event and shall be limited in size to ten percent (10%) or less of the window glass area. In no event shall the combined window coverage of permanent and temporary window signs be more than twenty-five percent (25%) of any given window. No permit is required for a temporary sign.

(2) Signs designed to advertise a special event may be displayed for a period of twenty-one (21) days and shall be limited in size to twenty percent (20%) of the window glass area. In no event shall the combined window coverage of permanent and temporary window signs be more than twenty-five percent (25%) of any given window. No permit is required for a temporary sign.

(3) The following temporary signs are expressly prohibited within the limits of the Village of Williamsville:

(a) Portable signs, whether on wheels, skids or temporarily anchored to the ground.

(b) Signs containing any flashing, moving, rotating or colored lights.

(c) Signs painted, erected or attached to any telephone, telegraph, electric or lighting pole or on any traffic device or on any tree, stone or natural object.
 
§ 84-12. Fees.

Hereafter all fees shall be adopted by the Board of Trustees and will not be included in the Village Code.


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