A local law to amend Chapter 150 of the Village of Alexandria Bay Code with respect to regulation of signs.
Article 1. - Statement of Authority. The Board of Trustees of the Village of Alexandria Bay pursuant to the authority granted it under Article 7 of the Village Law and sections 10 and 20 of the Municipal Home Rule Law hereby enacts as follows:
Article 2. - Statement of Purpose. The Board of Trustees of the Village of Alexandria Bay hereby finds that current sign regulation under Chapter 120 of the Code is vague and provides insufficient guidance for the regulation of signage in the Village. The Board of Trustees finds that it is necessary to have a comprehensive amendment of the sign regulations of the Village of Alexandria Bay. The purposes of this law are as follows:
A.
The purpose of this article is to promote and protect the public health, safety or welfare through the regulation of existing and proposed signs and graphics of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the Village, preserve the scenic and natural beauty of the St. Lawrence River resort area and provide a more enjoyable and pleasing Village for residents of and visitors to the Village of Alexandria Bay. It is further intended to reduce sign and display distractions and obstacles that may pose a traffic or pedestrian hazard caused by signs overhanging, projecting into or in close proximity to the public right-of-way. In addition, it is important in the design of signage that it is in keeping with the character and small town atmosphere of the Village of Alexandria Bay as set forth in the Local Waterfront Revitalization Plan (LWRP) and Comprehensive Plan.
B.
It is the further purpose and intent of this article to permit only those new and replacement signs which are
Property owners.
C. This local law is intended to repeal and replace Chapter 120 of the existing Code to provide criteria and procedures for the approval of sign permits according to processes and standards set forth.
Article 3. - Enactment. The Board of Trustees of the Village of Alexandria Bay hereby enacts as follows:
A. Chapter 150 Section 150-8 Definitions is hereby amended to add the additional definitions:
Any sign that is located on property, which becomes vacant and is unoccupied for a period of three months or more or any sign which pertains to a time, event or purpose which has passed or is expired. This definition does not apply to properties or businesses that close only for the winter season.
ARCHITECTURAL FEATURE
Includes any prominent or characteristic part of a building, including, but not limited to, windows, columns, awnings, marquee, façade and/or fascia.
AWNING (CANOPY)
A shelter or cover projecting from and supported by an exterior wall of a building.
BUILDING IDENTIFICATION SIGN
A wall sign or freestanding sign, which states the name of the building, but does not advertise any business or product.
CIVIC EVENT
Includes any type of race, parade, art show, competition, entertainment or community activity to which the general public is invited, either expressly or by implication.
COMMERCIAL BANNER
Any advertisement device affixed to poles, wires or ropes which is located outdoors and which is primarily intended to announce, promote or decorate for a
commercial event or sale.
COMMERCIAL CHANGEABLE COPY SIGN
A sign with boxy flexible letters, most often made out of plastic, stainless steel or similar material that can be inserted in a background made up of rows of horizontal tracks. These signs are portable and may be on wheels. They are also known as “Reader Board Signs”.
DIRECTIONAL SIGN
A sign which includes copy offering pertinent directional information for the
purpose of assisting in the flow of vehicular or pedestrian traffic.
FLASHING SIGN
A sign having lights or illumination which flashes, moves, rotates, scintillates, blinks, flickers, varies in intensity of color, or uses intermittent electrical pulsations and shall include scrolling signs.
FREESTANDING SIGN
A sign that is permanently erected in a fixed location and supported by one or
more columns, upright poles or braces extended from the ground or from an
object on the ground where no part of the sign is attached to any part of a
building structure or other sign.
IDENTIFICATION SIGN
Any sign which identifies, by name, a permitted use.
ILLUMINATED SIGN
A sign with an artificial light source incorporated internally or externally for
the purpose of illuminating the sign. This is to include reflective paint or
colorization.
INDIRECT LIGHTING
A light source separated from the sign surface which illuminates the sign
surface by means of spotlights or similar lighting fixtures.
INFORMATION SIGN
A sign used to indicate or provide information or direction. Examples would include, but not be limited to “Open,”, “Closed,” “No Smoking,” Rest Rooms,” Deliveries in rear,” “No Solicitation” etc.
MARQUEE SIGN
A sign which utilizes changeable letters or copy and is restricted to commercial
uses.
MASTER SIGN PLAN
A sign plan of any multiple use office, commercial or multifamily residential
building which includes the number sign, description and location of all signs
located, or to be located, in or upon such property.
MENU DISPLAY BOX
A freestanding or wall sign enclosed in glass for the express purpose of displaying
Menus. This shall include menus displayed flat against the interior of a window.
MOVING SIGN
A sign which moves or which simulates movement.
NEON SIGN
Any sign that is illuminated by the tubes filled with neon and related inert gases,
Including any display of neon lighting tubes which is in view of the general public
from a public right-of-way or area regardless of the shape, size, design or configuration, including “open” neon signs.
OFF-PREMISES/OFF-SITE SIGN
A sign which directs attention to a business, product, commodity, service, entertainment or attraction sold, produced, offered or existing elsewhere than upon the lot or parcel where the sign is located.
ON-PREMISES SIGN
A sign advertising a business, place, activity, goods or services or products on
the same property on which the sign is located.
PERMANENT WINDOW SIGN
A sign permanently displayed in or painted on a window.
POLITICAL SIGN
A sign designed to influence the action of voters for the passage or defeat of a
measure, or the election of a candidate to a public office.
PORTABLE SIGN
Any sign not permanently affixed to the ground or structure on the site it occupies.
PROJECTING SIGN
Any sign that hangs perpendicular to the façade of the building.
REAL ESTATE SIGN
A temporary on-premises sign used to advertise the availability of real property.
REFLECTIVE SURFACE
Any material or device which has the effect of intensifying reflected light, including, but not limited to ScotchliteTM, Day-FloTM, glass beads and luminous paint.
RESIDENTIAL NAMEPLATE
A sign for the sole purpose of identifying the occupants of a residential structure.
Such sign shall not contain advertising copy.
SIGN
Any medium, including its structure and component parts, including any illumination device which is used or intended to be used to attract attention and/or advertise or pro-
mote a business, event, activity or organization, or which is visible by the general
public from any public right-of-way or area.
SIGN AREA OR SURFACE
The surface area of sign including facing, copy, insignia, background logos and
borders which is described by a combination of plane geometric figures
SIGN ILLUMINATION DEVICE
Any fixture or mechanism used to shine light onto a sign, or to make a sign
luminous.
SIGN STRUCTURE
Includes any support, uprights braces or framework of a sign.
SITE DEVELOPMENT SIGN
A temporary sign used to identify a real estate development while under construction, and/or the owners, architects, contractors, real estate agents or lenders involved with the development.
STATUARY SIGN
Any sign which is a modeled or sculptured likeness of a living creature or inanimate object intended to be used as an advertising device.
TEMPORARY SIGN
A sign which is intended for a definite and limited period of display.
WALL SIGN
Shall be attached to the wall or face of the building.
WINDOW SIGN
A sign that is painted on, applied or attached to a window, but excludes merchandise included in a window display.
B. A new Section 150-79 “Signs” is hereby added as follows:
A. Applicability
1. This article shall apply to the continuation and the location, placement, alteration, replacement, extension, installation or other erection of any sign as defined in this article. No sign shall be located, placed, altered, extended, installed or otherwise erected in the Village of Alexandria Bay until the process and standards outlined herein are complied with including all requisite approvals and issuance of any required permit or certificate.
2. All signs, unless prohibited or exempt, shall require a permit.
The following signs are prohibited.
1. Attention-getting device. Any flag, streamer, spinner, pennant, costumed character, light, balloon, continuous string of pennants, flags or fringe or similar device or ornamentation used primarily for the purpose of attracting attention for the promotion or advertising a business or commercial activity which is visible by the general public from any public right-of-way. A neon sign shall not be considered a backlit sign
2. Commercial banner. Any advertisement device affixed to poles, wires or ropes, which is located outdoors and which is primarily intended to announce, promote or decorate for a commercial event or sale.
3. Flashing sign. A sign having lights or illumination which flashes, moves, rotates, scintillates, blinks, flickers, varies in intensity of color, or uses intermittent electrical pulsations and shall include scrolling signs.
4. Reflective surface sign. Any material or device which has the effect of intensifying reflective light, including, but not limited to ScotchliteTM, Day-GloTM, glass beads and luminous paint.
5. Roof sign. A sign painted on the roof of a building or supported by poles or braces extending or projecting from the roof of a building.
6. Billboard. Any freestanding commercial sign located on a plot or parcel other than that where the advertised business is conducted, also known as “off-site or non-accessory billboard.”
7. Trailer signs. Any sign which is mounted or designed for mounting on a self-propelled or towed vehicle. Such signs shall include, but not be limited to, mobile advertising signs attached to a truck, chassis, detachable, vehicle trailer or other such mobile signs, but shall not include signs painted or otherwise inscribed on a self-propelled vehicle or towed vehicle which identifies the project, service or activity for which the vehicle is used, unless the principal use of such vehicle is for advertising purposes.
8. Commercial changeable copy sign (also called “reader board”). A sign with boxy, flexible letters most often made out of plastic or stainless steel or a similar material that can be inserted in a background made up of rows of horizontal tracks. These signs are portable and may be on wheels. They may or may not be illuminated. Such signs or portions thereof may have characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” portion of a sign and not a changeable copy sign for the purposes of this article.
C. Signs allowed without a permit.
The following signs are allowed on each parcel in any zoning district without a sign permit.
1. Nameplates. One nameplate and/or address sign, not exceeding one square foot in area.
2. Memorial signs or tablets, names of buildings and/or dates of erection which cut into any surface or when constructed of bronze, stainless steel or similar materials.
3. The display of gasoline prices upon signs other than those integral to gasoline pumps.
4. Traditional barber poles.
5. Temporary signs of the following nature:
a. One non-illuminated sign advertising the sale, rental or real estate open house of the premises or a garage sale or auction on the premises upon which the sign is located,
not to exceed 10 square feet. In the case of corner property, as when building or
house is on alley and street or street and street, then two signs shall be allowed. Such sign shall be removed within five days after completion of the event or sale.
b. Signs or banners which are designed exclusively to inform the general public of a
fund-raising campaign, political campaign, social event, civic undertaking, annual
festival or related enterprise of a temporary nature sponsored by a not-for-profit
organization or governmental unit displayed not more than 30 days prior to event.
Such sign shall be removed within three days after completion of the event.
6. One non-illuminated sign denoting the architect, engineer or contractor, placed on the premises where construction, repair or renovation is in progress, not exceeding 16 square feet in area. Such sign shall be removed within five days after completion of the project.
7. Traffic control signs. Traffic control signs and on-site parking lot directional signs.
8. Amenity signs. Small unobtrusive amenity signs, including but not limited to, “Rest Rooms,” “Office,” etc. not to exceed ½ square foot in area.
9. Historical markers. Historical markers, tablets and statues, memorial signs and plaques, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel, aluminum or similar material, not exceeding six square feet.
10. Tourism signs. Signs from state, federal or not-for-profit tourism organization that promote local and/or state wide tourism and in so doing designate a building or location as historically significant or as a stop on a tourism trail or route. Signs shall not be larger than 10 square feet.
11. Nothing contained in this article is intended to prohibit, restrict or regulate the placement of signs on property within the Village as official notification of public hearings before the Village of Alexandria Bay Planning Board or Zoning Board of Appeals .
12. Sandwich Board signs limited to seven (7) square feet per side displayed during business hours of the established business. Such signs must be removed at close of each business day. Nonprofit special event sandwich board signs are allowed to be displayed fifteen (15) days prior to the event and must be removed the day after the close of the event.
All signs which are not prohibited under Section 170-79(B) or exempt under Section 170-79(C) are considered signs allowed with a permit and are subject to the following requirements:
1. Each parcel is allowed a window and/or wall sign and/or awning sign. In addition, each parcel is allowed either one projecting sign or one freestanding sign, but not both.
2. Total allowed sign surface for window, wall and awning – a parcel is allowed a total sign surface of two square feet of signage for one foot of linear grade level footage, not to exceed the following limits and with the following restrictions (for permitting purposes, the overall size of the building must be included in the permit application).
a. Window signage should not be more than 25% of the total window surface. Awning signage is limited to the fringe or apron of the awning which is that part that hangs down parallel to the building.
i) Single Family Residential, Neighborhood Residential, General Residential:
ii) Marine Residential – Home Occupation Sign only limited to seven (7) square feet.
iii) Business, Marine Development
1. A neon sign which shall not exceed three square feet, shall not exceed 25% of available window space, shall not exceed 10 square feet per building, and must be placed on the inside of the window.
3. Total allowed sign surface for overhanging and freestanding signs – a parcel is allowed either one projecting sign or one freestanding sign but not both and not to exceed the following:
a. Single Family Residential, Neighborhood Residential, General Residents
b. Marine Residential Home Occupation signage – Marine seven (7) square feet.
c. Business, Marine Development
i) Projecting: 32 square feet
ii) Freestanding: 32 square feet with maximum height of eight feet from grade.
E. Procedures
1. The location placement, alteration, extension, installation or other erection of any sign other than an exempt sign as hereinafter defined shall require a sign permit and/or certificate of compliance in accord with the standards and requirements as set forth herein.
2. All applications for the erection of any sign in any zoning district in the Village and all applications for any sign pertaining to any public, municipal, institutional or service organization, both commercial and not-for-profit use and any principal, accessory or directional business or advance notice sign shall be submitted to the Zoning Officer for review and processing in accordance with the provisions of this article.
3. Any project for which there is ongoing site review shall have their signage reviewed by the Planning Board as part of site plan approval.
F. Requirements.
1. Construction. The following construction considerations shall be required as are applicable:
a. All signs shall be constructed of wood or weather-resistant material maintained in good condition and not allowed to become dilapidated or in a state or disrepair
b. The back or reverse side of any single face sign visible from any public right-of-way shall be finished in a manner which shall include backing consistent in terms of materials and finish with the facing so as to cover the structural members of the sign.
c. All wiring to freestanding signs shall be underground and all transformers or other
installations shall be screened from public view.
d. Any sign no longer maintained for a business, service or activity no longer in existence at that location shall be removed and any structure, wall, surface or other area from which such sign is removed shall be disassembled or restored so that no remnant of the sign is visible within sixty (60) days from the discontinuance of the business. The responsibility for removal shall be that of the property owner.
e. If any sign has not been removed within the sixty (60) days provided for in Subsection or if the structure, wall or surface is not restored as provided in Subsection
within such sixty (60) days, the Zoning Enforcement Officer shall notify the owner, in writing mailed by regular first-class U.S. mail sent to the owner’s address as appearing in the county real property records or the real property tax billing address, that if such sign is not removed within two weeks from the date of such notice and/or the wall or surface is not properly restored within such two week period, that a hearing will be held .before the Village Board at a date and time to be specified to determine why the sign should not be removed and disposed of by the Village, at the owner’s expense, with the cost thereof to be added as a special assessment on the tax rolls. At such hearing, the property owner shall be allowed to confront any witnesses or evidence against them, to present their own witnesses or evidence, or to testify on their own behalf and to be represented by an attorney. If following such hearing it is found that the sign should be removed, then in that event, the sign shall be removed and disposed of by the Village and/or the wall or surface properly restored, and the cost thereof shall be the responsibility of such owner. If the sign has not been removed by the expiration of such two-week period and/or the wall or surface restored, the Zoning Officer shall cause the sign to be removed and disposed of and/or the wall or surface to be restored, and a bill therefore sent to the property owner. If the property owner fails to remit payment to the Village within 30 days from the date of the bill, the amount thereof shall be levied against said property and added to the next Village real property tax bill for such parcel.
f. A nonconforming sign when replaced or remodeled shall be brought into conformance with the requirements of this article.
b. All projecting signs shall be no longer than eight (8) feet in width and twelve (12) inches from the building and no closer than twelve (12) inches to the edge of the curb and four (4) feet in height. All projecting signs shall have a clearance of eight feet above the surrounding grade level.
c. Freestanding signs other than an official traffic sign or directional sign allowed by the New York State Department of Transportation shall not be erected within the right-of-way lines of any roadway.
3. Other features.
The following additional considerations shall be required as are applicable and shall apply to all zoning districts with the Village of Alexandria Bay.
a. No natural object shall be defaced and no commercial sign other than a trespass or
posted sign shall be placed upon or be supported by any tree, rock or other natural object other than the ground.
G. Sign permit required.
1. Master Sign Plan; approval required. For new developments or redevelopments or in the case of more than one business on a parcel, no sign permit shall be issued for any sign allowed with a permit until a Master Signage Paln for the parcel on which the sign will be installed has been submitted by the parcel owner and approved by the Village Planning Board.
2. Permit required. No sign or display other than those signs allowed pursuant to Section 190-79(e) shall be established or altered with the Village of Alexandria Bay until a sign permit has been issued by the Zoning Office.
3. A permit shall not be required for maintenance, repair or repainting of a legal, existing sign so long as the configuration and location are not altered.
4. A zoning or building permit shall not constitute approval for signage. A sign permit is required for the installation of a sign I addition to any zoning or building permit issued.
5. Application: An application for a sign permit shall be made on forms provided by the Zoning Officer and shall be signed by the owner of the real property or be accompanied by an affidavit of the owner that such work is authorized. Each sign requested must be on a separate application. Application for a sign permit to locate a sign shall include the following:
a) Location of building, structure or parcel of land to which or upon which the sign is to be attached or erected, including lot dimensions and adjoining structures, land and signs, and the location of the proposed sign on the parcel.
b) Size and individual dimensions of the sign, including height, width, depth and clear distance from surround grade level.
c) Description of sign, including construction material, color scheme, text style, and lighting, including detailed drawing or blueprint showing construction details where required.
d) Statement and description of all other signs located or proposed to be located on the property.
e) Such other information as may be necessary in the judgment of the Zoning
Officer to render a determination under and provide for the administration
of this article.
6. Notification of determination. The Zoning Officer shall review the application and shall issue or refuse to issue the applied for sign permit, or advise the applicant of any required additional information or referral required, within 10 days of receipt of the
application.
H.. Master Signs.
1. Administration and Enforcement.
a.. Master sign plan. The Master Sign Plan and application shall contain the following:
i) An accurate plot plan of the parcel (elevation drawings may also be required);
ii) Location of buildings, structures, parking lots, driveways, sidewalks, site utilities and landscaped areas on such parcel;
iii) Computation of the maximum total sign area, the allocation of sign area for each occupant and the height of signs allowed on the parcel;
iv) An accurate indication on the plans of the location of all planned signs;
v) All exposed elements of any sign structure shall be composed of wood, stone or ornamental metal or weather-resistant material approved by the Planning Board.
I. Fees.
Each application for a sign permit must be accompanied by a fee to be established from time to time by the Village Board by resolution.
J. Issuance of Permit.
Issuance and duration of sign permit – Upon filing of an application for a sign permit and submission of the appropriate fee, the Zoning Officer shall determine whether the proposed sign(s) is in compliance with the requirements and other articles and laws of the Village of Alexandria Bay. If it shall appear that the proposed sign(s) complies with all applicable requirements, the Zoning Officer shall, within then (10) days from the filing of the completed application requirements, issue a sign permit for the proposed sign(s)
K. Expiration of Permit.
Any sign for which a permit has been issued that has not been erected within one (1) year of the date of approval shall be deemed to have been abandoned and the permit shall expire.
L. Nuisance.
1. The Zoning Officer may, upon determination, that any sign causing eminent danger to person or persons is allowed to take such steps that are necessary to remove the sign with whatever notice is reasonable under the circumstance to the owner and may charge the cost to such removal to the property owner, which if unpaid shall become a special assessment on the owners next Village tax bill.
2. All signs on Village property existing as of the effective date of this law shall be removed within five (5) years of the effective date of this law. Any permission previously given for such sign to be on Village property is hereby deemed to be revoked.
C. Article IV – Nonconforming Uses, is hereby amended to add a new Section 150-16-A - Nonconforming Signs as follows:
A. . Nonconforming signs. Nonconforming signs which have permits issued by the Village Board before the effective date of this section may continue in use subject to the following conditions:
1. Nonconforming signs may remain in use as long as the use of the property on which it is established continues and the sign remains in structurally sound condition. In the event of a change of the use o the property, the property owner at such time must re-apply for approval of any signage for the new use. In the event that any of the existing signage is not re-approved, that existing signage must be removed within thirty (30) days of that determination.
2. No additional sign(s) shall be permitted where the total surface area allowed for the parcel is exceeded.
3. Nonconforming signs shall not be changed or altered in any manner except for ordinary maintenance such as cleaning or painting. The maintenance shall not increase nonconformity.
4. Notwithstanding the foregoing, a nonconforming sign that is damaged or destroy, or has deteriorated such as to be in need of partial or total replacement, may be replaced as long as such replacement does not change the size or location of the sign and does not otherwise increase the nonconformity. Such partial or total replacement must take place within one (1) year of the casualty loss.
5. Nonconforming signs of a temporary nature such as outdoor banners that are not permanently attached to the building must be removed five days from the effective date of this article.
Article 4 - Repealer. This local law repeals Chapter 120 of the Village Code in its entirety.
Article 5 - Severability. If any part of this Chapter shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provision of this Chapter.
Article 6. - Effective Date. This local law shall take effect immediately upon filing with the Secretary of State.