Village of Phelps NY | Phelps Village Office | Village Officials and Meetings

§ 175-15. Signs.

A. Definitions:

For the purpose of this chapter, the terms used herein are defined as follows:

ANIMATED SIGN - A sign employing actual motion or the illusion of motion, different from changeable signs.

ARTISANS’ SIGNS - Signs of mechanics, painters and other artisans/contractors.

AWNING/CANOPY SIGN - Any visual message incorporated into an awning attached to a building.

BILLBOARD - See "outdoor advertising sign".

CHANGEABLE SIGN - A sign on which the visual message may be periodically changed.

COMBINATION SIGN - A sign that is supported partly by a pole and partly by a building structure.

COPY - Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.

DEVELOPMENT SIGN - Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer or other persons interested in such sale or development.

DIRECTIONAL SIGN - Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

DIRECTORY SIGN - A listing of two or more business enterprises on one sign.

ELECTRONIC MESSAGE SIGN OR CENTER - An electrically activated changeable sign whose variable message capability can be electronically programmed.

FLASHING SIGN - See "animated sign".

FREESTANDING SIGN - Any sign not attached to or part of any building but separate and permanently affixed by any other means in or upon the ground.

IDENTIFICATION SIGN - A sign used to identify a specific property by address or occupant.

ILLUMINATED SIGN - Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light or fiber-optic illumination

INSTITUTIONAL SIGN - Any sign or changeable sign incidental to places of worship, libraries, schools or museums.

INTERIOR SIGN - Any sign placed within a building, but not including WINDOW SIGNS as defined by this section.

NAMEPLATE - A plate or sign bearing the name of the person occupying or doing business upon the premises where the nameplate is located.

NONCONFORMING SIGN - A sign lawfully existing on the effective date of this chapter or subsequent amendment hereto, which does not conform to the sign regulations applicable in the district in which it is located.

OUTDOOR ADVERTISING SIGN - A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

PERMANENT SIGN – A sign not specific to a particular event and of indefinite duration.

PORTABLE SIGN - A sign designed to be movable and not structurally attached to the ground, a building, a structure or another sign. Sandwich boards, A frames, menu boards are examples of portable signs.

PROJECTING SIGN - A sign which projects from the exterior of any building and is not parallel to the building.

REAL ESTATE SIGN - A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.

ROOF SIGN - A sign mounted on and supported by the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building.

SIGN - Any material, structure or device, or part thereof, composed of lettered or pictorial matter or a logo, or upon which lettered or pictorial matter or a logo is placed, when located out-of-doors or on the exterior of any building in view of the general public from a street or way used to advertise or promote the interest of any person, business, place, product or event.

SIGN AREA - The area of a sign consisting of the entire surface of any regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed, but excluding supporting or structural members not bearing advertising matter.

SIGN, COMMERCIAL SPEECH - Any sign that identifies or pertains to a commercial enterprise or a product, commodity or service offered on the site.

SIGN, NONCOMMERCIAL SPEECH - Any sign, other than a commercial speech sign, as defined herein which is used to attract attention to a site. Such sign(s) shall include, but not be limited to, political campaigns, public safety, religious, charitable or other signs which convey messages protected by court decisions involving "freedom of speech" type signs.

SIGN STRUCTURE - The supports, uprights, bracing, framing, mountings, and framework for a sign. In the case of a sign structure consisting of two or more sides in which the angle formed between any two sides or the projections thereof exceeds 30 degrees, each side will be considered a separate sign structure.

SIGN SURFACE AREA - The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting the sign shall be excluded unless the structure is designed in such a manner as to form an integral background for the display. One side of a double-faced sign shall be used to calculate the total surface or area of such a sign.

TEMPORARY SIGN - A sign related to a single activity or event having a duration of no more than 30 days.

WALL OR FASCIA SIGN - A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 12 inches from the building or structure wall, including signs affixed to architectural projections from a building, providing the copy area of such signs remains on a parallel plane to the face of the building façade or to the face or faces of the architectural projection to which it is affixed.

WINDOW SIGN - A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window.

B. General regulations. The following regulations shall apply to all permitted signs:

Conformance to codes. Any sign hereafter erected shall conform to the provisions of this section and of any other ordinance or regulations within this jurisdiction.
Signs in rights-of-way. No sign other than an official traffic sign or similar sign shall be erected within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction.
Traffic visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
NONCOMMERCIAL SPEECH SIGNS may be placed on a lot up to 30 days prior to an event and must be removed within 48 hours after the event.
NONCOMMERCIAL SPEECH SIGNS not relating to an event may be erected and remain for an indefinite period as long as the sign is maintained in a safe manner and a good state of repair.
Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
PROJECTING SIGNS. Attached signs shall not project from any building more than three (3) feet in the direction of the street, provided further that no such sign shall extend over the public street or public sidewalk area.
Height of signs. No building mounted sign shall be higher than the building height limit in the district where such sign is located, except in any B-O District where no sign shall be higher than 15’.
Height limit of FREESTANDING signs shall be 15’.
Exempt Signs – no permit required:
1. Necessary to public welfare.
2. Garage sales
3. ARTISAN’S SIGNS may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided that:
  1. The size thereof is not in excess of six (6) square feet.
  2. Such signs are removed within fourteen (14) days of completion of the work.
4. NAMEPLATES and IDENTIFICATION SIGNS.
  1. Signs indicating the name or address of the occupant or a permitted home occupation provided that they shall not be larger than two (2) square feet in area. Only one (1) such sign per dwelling unit shall be permitted, except in the case of corner lots, where two (2) such signs [one (1) facing each street] shall be permitted for each dwelling unit.
  2. For hotels and for buildings other than dwellings, a single IDENTIFICATION SIGN not exceeding six (6) square feet in area and indicating only the name and address of the building and the name of the management may be displayed, provided that on a corner lot two (2) such signs [one (1) facing each street] shall be permitted.
5. REAL ESTATE SIGNS advertising the sale or rental of the premises upon which they are erected by the owner or broker or any person interested in the sale or rental of such premises, and signs bearing the word “sold” or “rented” with the name of the persons effecting the sale or rental may be erected or maintained, provided that:
  1. The size of any such sign is not in excess of six (6) square feet.
  2. Not more than two (2) signs are placed upon any property unless such property fronts upon more than one (1) street, in which event two (2) more signs may be erected on each additional frontage.
6. TEMPORARY SIGNS – a sign related to a single activity or event having duration of no more than thirty (30) days.
7. NON-COMMERCIAL SPEECH SIGNS
8. Any sign required by federal, state or local regulations (i.e.: licensing etc.)
9. INTERIOR SIGNS

C. Signage Permits: Prior to the placement of any SIGN, a signage permit must be applied for and a fee, as determined by the Phelps Village Board, charged, except that no application permit nor fee is required for the erection of exempt signs.

D. Permitted Signs in Residential Districts. The following types of non-illuminated non-advertising signs are permitted in all residential districts as follows:

INSTITUTIONAL SIGNS. Signs of schools, colleges, churches, hospitals, sanatoriums or other institutions of a similar public or semipublic nature may be erected and maintained, provided that:
1. The size of any such sign is not in excess of six (6) square feet.
2. Not more than one (1) such sign is placed on a property, unless such property fronts upon more than one (1) street, in which event two (2) such signs may be erected, one (1) on each frontage.
Signs accessory to parking areas. Signs designating entrances or exits to or from a parking area and limited to one (1) sign for each such exit or entrance and to a maximum size of two (2) square feet each shall be permitted. One (1) sign per parking area designating the conditions of use or identity of such parking area and limited to a maximum size of nine (9) square feet shall be permitted, provided that on a corner lot two (2) such signs shall be permitted, one (1) facing each street.
DEVELOPMENT SIGNS. May be erected and maintained, provided that:
1. The size of any sign is not in excess of twenty (20) square feet.
2. Not more than two (2) signs are placed upon any property, unless such property fronts upon more than one (1) street, in which event two (2) such signs may be erected on each frontage.
3. Any such sign shall be removed by the developer within thirty (30) days of the final sale of property.
Private driveways. Signs indicating the private nature of a driveway or trespassing signs, provided that the size of any such sign shall not exceed two (2) square feet.
Height and projection of signs. No sign in an R District shall project into the public way or project higher than one (1) story or fifteen (15) feet, whichever is lower.

E. Permitted Signs in C-1, C-2, M-1 and B-O Districts. Business signs shall be permitted as follows:

Size of signs. No sign shall have a SIGN SURFACE AREA of more than one hundred (100) square feet in any C or B-O Districts or more than one hundred fifty (150) square feet in any M-1 District, except where only one (1) surface of such signs is visible, the SIGN SURFACE AREA shall be reduced by fifty percent (50%).
Number of Signs
1. Districts C-1 & C-2. One COMMERCIAL SPEECH sign for said C-1 or C-2 establishment facing a public street. The total square footage shall not exceed limits as identified in Section E. (1). For C-1 or C-2 establishments that are facing on more than one public street, one additional building mounted sign of no more than eight square feet will be allowed. As identified in Section E. (6) (m)[2], Commercial identification signs denoting address, occupant or use shall be limited to six square feet of total area. This square footage is in addition to the allowable total sign area for a specific property.
2. District BO. One COMMERCIAL SPEECH sign for said BO establishment facing a public street. The total square footage shall not exceed limits as identified in Section E. (1). For BO establishments that are facing on more than one public street, one additional building mounted sign of no more than eight square feet will be allowed. For multiple tenant structures in BO districts, a DIRECTORY SIGN should be used with the total square footage for said sign not to exceed limits as identified in Section E. (1).
3. District M-1. One COMMERCIAL SPEECH sign for said M-1 establishment facing a public street. The total square footage shall not exceed limits as identified in Section E. (1). For M-1establishments that are facing on more than one public street, one additional building mounted sign of no more than eight square feet will be allowed.
SIGN SURFACE AREA. Option 1: Total square feet of multiple signs shall not exceed the maximum square footage allowed in Section E. (1). Multiple signs shall require a special use permit.
Location of signs. In C-1, C-2, M-1 or B-O Districts, all signs shall be securely attached to a building. FREESTANDING SIGNS shall be permitted in C-1, C-2, M-1 and B-O Districts only upon receipt of a special use permit.
Illumination of signs. FLASHING SIGNS, ANIMATED SIGNS and revolving ILLUMINATED SIGNS shall be considered as a special use permitted in M-1 Districts, provided that such signs shall not create any traffic hazards or abut or face any residential property or any residential district lot. FLASHING SIGNS, ANIMATED SIGNS and revolving ILLUMINATED SIGNS shall not be permitted in any C-1, C-2 or B-O Districts.
Other Allowed Signs:
1. AWNING/CANOPY SIGN: Awning/Canopy signs shall be permitted in all nonresidential zoning districts, subject to the following limitations:
  1. The copy area of awning/canopy signs shall not exceed an area equal to 25% of the background area of the awning/canopy surface to which such a sign is affixed or applied, or the permitted area for wall or fascia signs, whichever is less.
  2. Neither the background color of an awning/canopy, nor any graphic treatment or embellishment thereto such as striping, patterns or valances, shall be included in the computation of sign copy area.
2. CHANGEABLE SIGN
3. COMBINATION SIGN
4. DEVELOPMENT SIGNS may be erected and maintained, provided that:
  1. The size of any sign is not in excess of twenty (20) square feet.
  2. Not more than two (2) signs are placed upon any property, unless such property fronts upon more than one (1) street, in which event two (2) such signs may be erected on each frontage.
  3. Any such sign shall be removed by the developer within thirty (30) days of the final sale of property.
5. DIRECTIONAL SIGN
6. DIRECTORY SIGN
7. ELECTRONIC MESSAGE SIGN OR CENTER
8. FREESTANDING SIGN: Freestanding signs shall be permitted in all nonresidential zoning districts.
9. INSTITUTIONAL SIGNS of schools, colleges, churches, hospitals, sanatoriums or other institutions of a similar public or semipublic nature may be erected and maintained, provided that:
  1. The size of any such sign is not in excess of six (6) square feet.
  2. Not more than one (1) such sign is placed on a property, unless such property fronts upon more than one (1) street, in which event two (2) such signs may be erected, one (1) on each frontage.
10. PORTABLE SIGN
11. PROJECTING SIGN
12. WALL OR FASCIA SIGN
13. WINDOW

F. Prohibited Signs

ROOF SIGN
BILLBOARD
OUTDOOR ADVERTISING SIGN

G. NONCONFORMING SIGN: The Code Enforcement Officer and/or his agent shall prepare a survey of all nonconforming signs and send written notice by registered mail to the recorded owner of the property on which such sign is erected. Any sign legally existing at the time of the passage of this section that does not conform in use, location, height or size with the regulations of the zone in which such sign is located, shall be considered a legal nonconforming use or structure and shall be permitted to continue in such status until such time as it is listed below.

Portable signs shall be removed within 15 days of receipt of the written notice described above.
Other nonconforming signs that include features prohibited under this section shall be modified to comply or must be removed within one year after receipt of the written notice described above.
All other signs that are structural or a removable part of a structure shall be made to comply with all provisions of this section or be removed within one year of receipt of the written notice as described above.

H. PENALTIES & ENFORCEMENT

Any nonconforming sign that was installed, erected, or constructed prior to the date of xxxxxxx shall be allowed to remain in place, as long as it was in compliance with the previous version of this code. Signs that were not in compliance with the previous version of this code will be required to be brought in compliance with the new version of this code. Any changes to existing sign(s) will be considered as a new sign and shall then be required to be in compliance with the foregoing sections of this law.

The Building Official (Code Enforcement Officer) shall have the authority to enforce the removal of any signs that are in violation of this law. Notification of non-compliance will be sent registered mail to the property owner of record. Notification can also be served personally or by posting a copy of the notice on the premises and sending a copy of the notice by regular, first class mail to the owner. Failure to comply with this written order within ten (10) days of receipt of such written notice, or such notice being posted on the property, shall be considered a violation.

Any sign placed in a public right-of-way so as to cause a traffic hazard may be removed without notice by any Village of Phelps employee.

Criminal penalty. Any person who violates any provision of this article shall upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.

Civil penalties; construal.

Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection 5 of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provision of this article.
Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this article no a judgment in or the pendency of a civil action of law or in equity shall be a bar to the other form of proceeding.
The imposition of a penalty for a violation of this article shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.

Village of Phelps Zoning Law Draft November 27, 2006