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Warsaw, NY

§ 163-10. Definitions.

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

ACCESSORY -- The term applied to a building, structure or use which is customarily incidental and subordinate to and serves a principal building or principal use; is subordinate in area, extent or purpose to the principal building or principal use served; contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and is located on the same parcel as the principal building or principal use.

ACTION -- Any project or physical activity, such as construction or other activity that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that requires a permit or approval from any board or official of the Village of Warsaw.

ADULT BOOKSTORES, CABARETS AND THEATERS -- See definitions included in Chapter 36, Adult Bookstores, Cabarets and Theaters.

AGRICULTURAL OR FARMING ACTIVITIES -- The use of the land for agricultural purposes, including truck farms or nurseries, greenhouses, horticulture, viticulture and apiaries; and the raising or breeding of animals, swine or poultry; riding academies; livery or boarding stables; and the necessary accessory uses for storage; provided, however, that the operation of any such accessory use shall be incidental to that of the principal agricultural activities.

ALTERATIONS -- As applied to a building or structure, the change or rearrangement in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, or in the exit facilities; an enlargement of a building or structure, whether by extending on a side or by increasing in height; the moving from one location or position to another; any alteration whereby a structure is adapted to another or different use.

APARTMENT BUILDING -- A building arranged, intended or designed to include three (3) independent dwelling units, but having common hallways and entrances.

AREA OF SHALLOW FLOODING -- A designated AO, AH or VO Zone on a Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 through 30, A99, V, VO, VE or V1 through 30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."

AWNING -- A rooflike shelter, made of fabric and which may be retractable, that extends over a doorway, window or the facade of a building in order to provide protection, as from the sun or weather. Regulations governing awnings are included in Article XIII.

BASE FLOOD -- The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT -- A portion of a building having its floor subgrade (below ground level) at any point on the periphery of the building. For purposes of this chapter, "basement" has the same definition as "cellar."

BED-AND-BREAKFAST ESTABLISHMENT -- A dwelling within which overnight accommodations are provided or offered for transient guests for compensation. For purposes of this chapter, "bed-and-breakfast establishments" shall include tourist homes.

BREAKAWAY WALL -- A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

BUFFER AREA -- A continuous strip of land area covered with grass, vegetation, trees, fencing, embankments or berms not less than ten (10) feet in depth and not less than six (6) feet in height, densely planted and designed to provide a physical screen preventing visual access from one use to another and to reduce the escape and/or intrusion of litter, fumes, dust, noise or other noxious or objectionable elements.

BUILDING -- Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, property or business activity.

BUILDING AREA -- The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.

BUILDING HEIGHT -- The vertical dimension measured from the average elevation of the finished grade level around the entire perimeter of the building to the highest point of the structure.

BUILDING LINE -- A line formed by the intersection of a horizontal plane at an average grade level and a vertical plane that coincides with the exterior surface of the building or a projected roof or porch. The vertical plane will coincide with the most projected surface, excluding steps and overhanging eaves less than two (2) feet in width. All yard and setback requirements are measured to the "building lines."

BUILDING, PRINCIPAL -- A building in which is conducted the main or principal use of the lot on which said building is situated.

CERTIFICATE OF COMPLIANCE -- A certificate issued by the Code Enforcement Officer upon completion of the change in use of an existing building or of a parcel of land with no buildings. Said certificate shall acknowledge compliance with all requirements of this chapter.

CERTIFICATE OF OCCUPANCY -- A certificate issued by the Code Enforcement Officer upon completion of construction or alteration of a building. Said certificate shall acknowledge compliance with all of the requirements of the Uniform Code.

CLUB -- An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are no vending stands, merchandising or commercial activities conducted except as required generally for the membership and purposes of such club or as permitted by separate ordinance or local law.

CLUSTER DEVELOPMENT -- A development of lots to be used for single-family residences, each containing less area than the minimum lot area required for the zone within which such development occurs, while maintaining the density limitation imposed by said minimum lot area through the provision of open space as part of the site development plan.

CONDOMINIUM -- A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners of individual units on a proportional undivided basis. "Condominiums" are a form of ownership of units which may be built in residential or nonresidential districts. "Condominiums" are governed under Article 9-B of the Real Property Law, also known as the "Condominium Act of the State of New York."

CURB LEVEL -- The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. Where a building is on a corner lot, the "curb level" is the average of the mean levels of the curb on the two (2) intersecting streets. Where no such grade has been established, the Superintendent of Public Works shall establish the "curb level" for the purposes of this chapter.

DAY-CARE CENTER -- A center, operated on a regular basis, designed to provide daytime care or instruction for more than six (6) children.

DEVELOPMENT -- Any man-made change to improved orunimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

DRIVEWAY -- A roadway providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a "driveway."

DWELLING -- A building designed or used for one (1) or more families. The term "dwelling" shall not be deemed to include a motel, hotel, boardinghouse or travel trailer.

DWELLING DEVELOPMENTS, MULTIPLE-FAMILY -- A series of multiple-family dwellings, designed and built as an integrated development with a common architectural style.

DWELLING, MANUFACTURED -- A factory-built residential dwelling unit designed to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations and placement on a permanent foundation and connections to utilities. "Manufactured housing" shall meet the National Manufactured Home Construction and Safety Standards as set forth by the United States Department of Housing and Urban Development and the requirements of the Uniform Code. A travel trailer shall not be considered as a "manufactured dwelling."

DWELLING, MULTIPLE-FAMILY -- A residential building designed for or occupied by three (3) or more families living independently of each other with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING, SINGLE-FAMILY -- A residential dwelling unit designed for and occupied exclusively by one (1) or more persons living as a single nonprofit housekeeping unit and having a minimum width dimension of not less than sixteen (16) feet.

DWELLING, TWO-FAMILY -- A residential building containing two (2) dwelling units designed for occupancy and used exclusively by two (2) families living independently of each other and having a minimum width dimension of not less than sixteen (16) feet. A duplex is a two-family dwelling which is designed with a common wall.

DWELLING UNIT -- A building or portion thereof providing housekeeping facilities, including cooking and sanitary facilities, designed and used for occupancy by a single family for living and sleeping purposes.

ELEVATED BUILDING -- A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls.

ESSENTIAL SERVICES -- The erection, construction, alteration or maintenance by public utilities or any governmental department or commission of underground or overhead gas, electrical, telecommunications or water transmission and/or distribution systems, including poles, wires, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishings of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general facilities or sites for the disposal of waste materials associated with the provision of such services.

EXCAVATION -- The process of the removal of sand, gravel, soil (including topsoil) or other natural deposits by stripping, digging or other means.

EXCAVATION SITE -- A parcel of land used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial or commercial operation.

FAMILY -- One (1) or more persons, related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single nonprofit housekeeping unit.

FARM -- Any parcel which is used for agricultural production or farming activities. It includes necessary farm structures and the storage of equipment used.

FEDERAL EMERGENCY MANAGEMENT AGENCY -- The federal agency that administers the National Flood Insurance Program.

FENCE -- A structure of wood, masonry, wire mesh or other material, including landscaping, which prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.

FILLING STATION -- See "motor vehicle service station."

FINISHED GRADE LEVEL -- The level where the finished grade of the ground intersects the foundation walls of a building. All height measurements shall be taken from the "finished grade level."

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -- An official map published by the Federal Emergency Management Agency as part of a Flood Insurance Study. The "FBFM" delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.

FLOOD ELEVATION STUDY -- An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood-related erosion hazards.

FLOOD or FLOODING:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from:

   (1) The overflow of inland waters.

   (2) The unusual and rapid accumulation or runoff of surface waters from any source.

2. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) above of this definition.

FLOOD HAZARD BOUNDARY MAP (FHBM) -- An official map issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.

FLOOD INSURANCE RATE MAP (FIRM) -- The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the village.

FLOOD INSURANCE STUDY -- The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the base flood.

FLOODPLAIN or FLOOD-PRONE AREA -- Any land area susceptible to being inundated by water from any source. (See the definition of "flooding.")

FLOODPROOFING -- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation of the base flood.

FLOOR AREA, GROSS -- The sum of the gross horizontal areas of several floors of a building or buildings, measured from the inside faces of exterior walls or from the center line of walls separating two (2) uses. For the purpose of applying the requirements for off-street parking and loading in the case of offices, merchandising or service types of uses, "gross floor area" shall not include areas used principally for nonpublic purposes, such as storage, rest rooms, fitting or alteration rooms or general maintenance or enclosed pedestrian malls or corridors.

FLOOR AREA, HABITABLE -- The horizontal area of any floor of a building designed and intended for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." All dimensions shall be measured from the interior faces of exterior walls or from the center line of the base of walls separating two (2) dwelling units.

FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship-repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities.

GARAGE, PRIVATE -- An accessory building which provides for the storage of motor vehicles or household items by the occupants on the lot upon which it is erected, with no provision for repairing or servicing such vehicles for profit.

GARAGES, PUBLIC OR REPAIR -- Any garage, other than a private garage operated for gain, available to the public, which is used for the storage, repair, servicing or rental of motor vehicles.

HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

HISTORIC STRUCTURE -- Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on the State Inventory of Historic Places approved by the Secretary of the Interior; or

4. Individually listed on a Village Inventory of Historic Places that has been certified either:

   (1) By an approved state program as determined by the Secretary of the Interior; or

   (2) Directly by the Secretary of the Interior.

HOME OCCUPATION -- Any occupation or profession customarily conducted entirely within a dwelling or a building accessory to the dwelling by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A "home occupation" shall not be interpreted to include the following: commercial stables and kennels, restaurants, musical and dancing instruction to groups exceeding four (4) pupils, convalescent homes, mortuary establishments, garages or shops for the repair of motor vehicles.

JUNKYARD -- A lot, land or structure or part thereof where junk, waste or discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including automobile or other vehicle or machinery wrecking or dismantling yards; house wrecking yards; used lumber yards; places or yards for storage of salvaged house wrecking and structural steel materials and equipment; or where two (2) or more unregistered motor vehicles are held outside of a completely enclosed building, whether for the purpose of resale or sale of used parts therefrom, for the purpose of reclaiming for use some or all the materials therein or for the purpose of storage or disposing of the same for any other purpose. Such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two (2) or more such vehicles. The term "junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal product is scrap iron, steel or nonferrous scrap for sale for remelting purposes only. In addition, the term "junkyard" shall not include pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing or for the processing of used, discarded or salvaged materials as part of manufacturing operations. Exceptions shall be:

1. New and/or used motor vehicles which are operable, qualify for a current New York State Motor Vehicle inspection sticker under Article 5 of the New York Motor Vehicle and Traffic Law and are offered for sale to the public may be stored on premises on which new or used car sales may be conducted in accordance with the provisions of these regulations.

2. The storage of vehicles subject to seasonal use, such as travel trailers and snowmobiles, even though such vehicles may be unlicensed during the part of the year they are not in use, is permitted.

KENNEL -- Any premises on which four (4) or more dogs six (6) months old or older are kept, bred and/or boarded.

LOADING SPACE, OFF-STREET -- Space logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles. Required "off-street loading space" is not to be included as off-street parking space in the computation of required off-street parking area.

LODGING ROOM -- A room rented as sleeping and living quarters, without cooking facilities and with or without an individual bathroom.

LOT -- A parcel of land considered as a unit, devoted to a certain use and occupied or capable of being occupied by a building or group of buildings that are united by a common interest or use and the customary accessory uses and open space belonging to the same.

LOT AREA -- The square footage or acreage contained within the boundaries of a lot. Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating "lot area."

LOT, CORNER -- A parcel of land at the junction of and fronting on two (2) or more intersecting streets. All "corner lots" shall be deemed to have two (2) front yards, two (2) side yards and no rear yard.

LOT COVERAGE -- That percentage of the lot area which is devoted to building area.

LOT DEPTH -- The minimum horizontal distance from the street line of a lot to its opposite rear line, measured in the general direction of the side lines of the lot.

LOT FRONTAGE -- The front of a lot shall be construed to the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered front yards.

LOT LINES -- The property lines bounding the lot.

1. LOT LINE, FRONT -- The line separating the lot from a street right-of-way.

2. LOT LINE, REAR -- The lot line opposite and most distant from the front lot line.

3. LOT LINE, SIDE -- Any lot line other than a front or rear lot line.

4. LOT OF RECORD -- A lot which is part of an approved subdivision recorded in the office of the County Clerk or a lot described by metes and bounds, the description of which has been so recorded.

5. LOT, THROUGH -- A lot which is not a corner lot and which has frontage on two (2) streets.

LOT WIDTH -- The distance between the side lot lines measured parallel to the street line at the front setback line.

LOWEST FLOOR -- The lowest floor of the lowest enclosed area, including the basement or cellar. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

MEAN SEA LEVEL -- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MOBILE HOME and MOBILE HOME PARKS -- See definitions included in Chapter 141.

MOTEL -- A building or buildings containing sleeping units for transient guests and providing accessory off-street parking facilities; and which may include restaurant facilities and a dwelling unit for a bona fide caretaker or operator. The term "motel" includes hotels, auto courts, motor lodges and similar terms. Each sleeping unit shall contain not less than two hundred forty (240) square feet of living space.

MOTOR VEHICLE -- Every vehicle which is propelled by any power other than muscular power, except electrically driven invalid chairs being operated or driven by an invalid. "Motor vehicles" shall include but not be limited to automobiles, trucks, boats, all-terrain vehicles, snowmobiles, etc.

MOTOR VEHICLE SERVICE STATION -- Any building, structure or land used to disperse, sell or offer automotive fuels, oils or accessories, including lubrication, washing, polishing or cleaning and the replacement or installation of parts and accessories to passenger automobiles or trucks not exceeding one and one-half (1 1/2) tons. For the purpose of this chapter, "motor vehicle service station" includes the term "filling station."

NATIONAL GEODETIC VERTICAL DATUM (NGVD) -- A vertical control as corrected in 1929, used as a reference for establishing varying elevations within the floodplain.

NEIGHBORHOOD CHARACTER -- The atmosphere or physical environment which is created by the combination of land use and buildings within an area. "Neighborhood character" is established and influenced by land use types and intensity, traffic generation and also by the location, size and design of structures as well as the interrelationship of all these features.

NONCONFORMING BUILDING OR STRUCTURE -- Any lawful building or structure existing at the date of enactment of this chapter which in its design or location upon a lot does not conform to the regulations of this chapter for the district in which it is located.

NONCONFORMING LOT -- A lot of record existing at the date of the enactment of this chapter where the owner(s) of said lot does not own any adjoining property, the resubdivision of which would create one (1) or more conforming lots, which does not have the minimum width, depth or area for the district in which it is located.

NONCONFORMING USE -- Any use of land, buildings or structures lawfully existing on the date of enactment of this chapter which does not conform to the use regulations of the district in which it is situated.

NURSERY SCHOOL -- A place providing or designed to provide daytime care or instruction for six (6) or more children from two (2) to five (5) years of age away from their home for up to three (3) hours per day.

OPEN SPACE -- Any unoccupied space open to the sky on the same lot with a building.

PARKING SPACE, OFF-STREET -- A space adequate for parking an automobile and having a width of not less than nine (9) feet and an area of not less than one hundred eighty (180) square feet per vehicle, exclusive of passageways and driveways appurtenant thereto. Such space shall be located on the lot it is accessory to and shall have direct access to a street or public way.

PRINCIPAL BUILDING -- A building in which is conducted the main or principal use of the lot on which said building is located.

PRINCIPALLY ABOVE GROUND -- At least fifty-one percent (51%) of the actual cash value of the structure, excluding land value, is above ground.

PRINCIPAL USE -- The main or primary purpose for which a building, structure or lot is to be used.

PUBLIC AND SEMIPUBLIC BUILDINGS AND USES -- Intended to designate any one (1) or more of the following uses, including grounds and accessory buildings necessary for their use:

1. Churches, places of worship, parish houses and convents.

2. Public parks, including golf courses, playgrounds and recreational areas when authorized or operated by a governmental authority.

3. Nursery schools, elementary schools, secondary schools, colleges or universities having a curriculum approved by the Board of Regents of the State of New York.

4. Public libraries and museums.

5. Administrative office buildings and related facilities operated by public agencies.

6. Fire, ambulance, public safety and public works buildings.

7. Hospitals for the care of human beings, nursing homes, convalescent homes, homes for the aged or residences for adults as the same are defined under the Public Health Law or the Social Services Law of the State of New York, provided that they are duly licensed by the State of New York.

8. Membership corporations established for cultural, social or recreational purposes.

9. Day-care centers approved by the New York State Department of Social Services.

RECREATIONAL VEHICLE -- See definition included in Chapter 141.

REGULATORY FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in this chapter.

RESERVOIR SPACE -- Any temporary storage space for a vehicle waiting for admission to a commercial use for service. Such space shall be in addition to drives, aisles or off-street parking spaces required by this chapter. One (1) "reservoir space" shall be twenty (20) feet long and eight (8) feet wide.

RESTAURANT -- Any establishment, however designated, at which food is sold for consumption on the premises to patrons and equipped with seating facilities and where the taking of food and drink from said building is incidental. The term "restaurant" shall include bars and taverns licensed to sell alcoholic beverages for on-premises consumption. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a "restaurant."

RESTAURANT, DRIVE-IN -- An establishment where food, soft drinks, ice cream and similar confections are sold for principal consumption outside the confines of the principal building or in automobiles, regardless of whether or not seats are provided for patrons.

RIGHT-OF-WAY -- The line determining the street or highway limit of public ownership.

ROOMING HOUSE -- A dwelling other than a hotel, motel or bed-and-breakfast establishment where not more than two (2) persons are housed or lodged for hire with or without meals. A "rooming house" is distinguished from a bed-and-breakfast establishment in that it is designed to be occupied by longer-term residents as opposed to overnight or weekly guests.

SETBACK -- The horizontal distance between the street line, rear or side lines of the lot and the front, rear or side lines of the building. All measurements shall be made at right angles to or radially from the lot lines to the building lines. Setbacks from street lines to building lines are defined as "front setbacks." Setbacks from side lot lines are "side setbacks." Setbacks from rear lot lines are "rear setbacks."

SHOPPING CENTER -- A group of stores, shops and similar establishments occupying adjoining structures or two (2) or more commercial buildings located on a single lot or adjacent lots, with such buildings developed as part of a single integrated development with a common architectural design.

SIGN -- Any material, structure or part thereof or any device attached to a building or structure or painted or represented thereon, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed and is intended for display of an advertisement, notice, directional matter or name, and includes sign frames, billboards, sign boards, illuminated signs, pennants, fluttering devices, projecting signs or ground signs.

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, BUILDING FRONT OR FACE -- The outer surface of a building which is visible from any private or public street, highway or driveway, including window display areas.

SIGN, BUSINESS -- A sign which directs attention to a business, profession or industry conducted upon the premises or to a commodity or service sold or offered by such business, profession or industry upon the premises where such sign is located.

SIGN, DIRECTIONAL -- A sign that directs attention to the location of a local service or place of business.

SIGN, ERECTION -- The construction, alteration, repair, display, location or relocation, attachment, placement, suspension, affixing or maintenance of any sign, including the painting of exterior wall signs and the use of any vehicle or other substitute for a sign.

SIGN, FREESTANDING -- A sign or sign support structure that is not attached to or part of a building or structure.

SIGN, GROUND -- A sign supported by a pole, uprights or braces which are placed in or on the ground.

SIGN, ILLUMINATED -- A sign lighted by electricity, gas or other artificial light, including reflective or phosphorescent light, paint or tape.

SIGN, LIGHTING DEVICE -- Any light, string or groups of lights located or arranged so as to cast illumination on or from a sign.

SIGN, NONCONFORMING -- A sign which exists at the time of enactment of this chapter and which does not conform to the regulations and restrictions imposed herein.

SIGN, OUTDOOR ADVERTISING -- A sign which directs attention to a business, profession or industry conducted or a commodity or service sold or offered on a site other than upon the premises where such sign is located.

SIGN, PORTABLE OR MOBILE -- A sign that is designed and intended to be transported from place to place and is not permanently affixed to the ground or to a building or structure. Portable signs may or may not have wheels.

SIGN, PROJECTING -- A sign which is attached to the exterior of a building or a structure beyond the surface of that portion of the building or structure to which the sign is attached and not parallel to the face of the building.

SIGN, ROOF -- Any sign constructed on or supported by the roof of any building or structure.

SIGN, TEMPORARY -- A sign which is intended to advertise community or civic projects, real estate for sale or lease or other special events on a temporary basis.

SITE DEVELOPMENT PLAN -- A plan, drawn to scale, showing uses and structures proposed for a parcel of land, including lot lines, streets, existing and proposed buildings and structures, topography, rights-of-way, parking areas, open space and any other information deemed necessary by the Planning Board.

START OF CONSTRUCTION -- The initiation, excluding planning and design, of any phase of a project or physical alteration of a property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages or sheds), storage trailers and building materials.

STORY -- That portion of a building between the surface of any floor and the surface of the floor next above; also any portion of a building used for human occupancy between the topmost floor and the roof.

STREET -- A public or private thoroughfare which affords the principal means of access to abutting properties.

STREET GRADE-- The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the "street grade."

STREET LINE -- The right-of-way line of a street; the front lot line; the line separating a lot from a street.

STRUCTURE -- Anything constructed or erected which requires temporary or permanent support or attachment to the ground, beneath the ground or to something having permanent location on the ground, including swimming pools, gasoline and oil tanks, buildings, mobile homes, fences, signs, billboards, towers, antennas and satellite television dishes.

SUBDIVISION -- The division of any parcel of land into two (2) or more lots, plots, sites or other division of land for the purpose, whether immediate or future, of transfer of ownership or building development, and shall include resubdivision.

SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT -- Any repair, reconstruction, alteration or modification of a building, the cost of which equals or exceeds fifty percent (50%) of the market value of the building either before the improvement or repair is started or, if the building has been damaged and is being restored, before the damage occurred. The Code Enforcement Officer shall determine the value of the improvements to be made based upon the square footage of building area added or improved. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either:

1. Any project for improvement of a building to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a building listed on the National Register of Historic Places or a State Inventory of Historic Places.

SWIMMING POOL -- Any body of water or receptacle for water which has a capability of a depth of more than two (2) feet at any point, used or intended to be used for swimming, bathing or wading and installed or constructed above or below ground.

TEMPORARY USE -- An activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are structures incidental to new construction which shall be removed after the completion of the construction work.

TOWER -- Includes any structure, including dish antennas, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as or for the support of devices to be used for the transmission and/or reception of radio frequency signals, such as but not limited to broadcast, shortwave, citizens band, FM or television signals or wind-driven devices, such as energy converters and wind speed and/or direction indicators.

TOWNHOUSE -- An independent single-family dwelling unit which is one (1) of a series of dwelling units, having a common party wall between each adjacent unit, each with a private outside entrance.

TOWNHOUSE DEVELOPMENTS -- A tract of land adequately sized to accommodate the construction of townhouse dwelling units in accordance with the density standards contained elsewhere in these regulations.

UNIFORM CODE -- The New York State Uniform Fire Prevention and Building Code.

USE, SPECIAL PERMIT -- A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relating to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a zoning district as a "special permit use" only if specific provision for such special permit use is made in this chapter.

VARIANCE, AREA -- Authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.

VARIANCE, USE -- Authorization by the Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.

VIEW -- The combination of the natural terrain and built environment that can be seen looking out from a property.

WINDMILL -- An alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy. A wind generator may also be deemed a "windmill."

YARD -- A required open space unoccupied and unobstructed by any structure or portion of a structure, except as may be provided by this chapter, and situated between the principal building or group of buildings and the nearest lot line.

YARD, FRONT -- A yard extending between the side lot lines across the front of a lot adjoining a street; situated between the street line and the front building line.

YARD, REAR -- A yard extending between the side lot lines situated between the rear line of the building and the rear lot line. In the case of through lots, there will be no rear yards, but only front and side yards.

YARD, SIDE -- A yard extending between the side building line and the nearest side lot line; situated between the front and rear yards.

Warsaw, NY

§ 163-81. Purpose.

The intent of these regulations is to promote and protect public health, welfare and safety by regulating and restricting the location, construction, repair, removal, alteration and maintenance of signs and other advertising devices in the village. The regulations are intended to promote and protect public health, welfare and safety by regulating and restricting existing and proposed signs and advertising devices of all kinds. It is intended to promote public safety, to protect property values, to create a more attractive economic climate and to enhance the scenic and natural beauty of the village.

§ 163-82. General conditions and regulations.

1. Except for those signs specifically identified in ~§ 163-86, 163-87 and 163-88, no sign shall be erected in the Village of Warsaw without a permit issued by the Code Enforcement Officer.

2. The provisions and regulations specified herein apply only to exterior signs and signs which are visible from the public right-of-way.

3. Except for temporary signs, no sign permit shall be issued by the Code Enforcement Officer without the approval of the Planning Board.

4. All signs shall be securely attached to a building or a structurally sound support, and their display surfaces shall be kept neatly painted and in good repair at all times.

5. No illuminated signs or outdoor illumination shall direct light in a way which would create a traffic hazard or nuisance or be unreasonably detrimental to adjoining or neighboring properties.

6. Except for time and temperature signs, no sign shall be illuminated by or contain a flashing, intermittent, rotating or moving light or lights. Lighting devices shall employ only lights emitting light of constant intensity.

7. A projecting sign which overhangs a public right-of-way or sidewalk shall not extend more than forty-eight (48) inches from the face of the building to which it is attached. No projecting sign shall be closer than eight (8) feet to the public right-of-way or sidewalk over which it is projecting. Projecting signs shall not exceed twelve (12) square feet in area on each face side and shall not be more than three (3) feet in height measured parallel to the building to which it is attached.

8. A flush-mounted building sign shall not project more than twelve (12) inches from the face of the building to which it is attached.

9. No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or similar fluttering devices.

10. No sign shall consist of animated or moving parts.

11. After one (1) year from the date of the enactment of this chapter, no movable or portable signs shall be permitted to be placed on any premises in the village. Temporary signs approved under § 163-88 are exempted from this provision.

12. No signs shall be attached to fences, utility poles or trees.

13. No sign shall be erected or maintained upon the roof of any building or structure.

14. No motor vehicle, mobile home or trailer on which is placed or painted any sign shall be parked or stationed in a manner primarily intended to display the sign.

15. No sign shall be erected or maintained within the public right-of-way of any street, nor within fifteen (15) feet of the pavement of any public street or within ten (10) feet of any property line unless flush-mounted to a building.

16. No sign shall be permitted which advertises a business use or service other than that which exists on the premises on which said sign is located.

17. The regulations specified herein shall not apply to any sign or directional device erected by any governmental agency, nonadvertising signs identifying underground utility lines or posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.

18. No sign shall be erected in such a manner as to confuse or obstruct the view of any traffic sign, signal or device.

19. No sound amplifiers, public address systems or other sound devices shall be used as a means of advertising or to attract attention to a sign.

20. Awnings, as defined by this chapter, may be permitted, provided that they comply with the following standards and regulations:

    (1) Awnings shall not contain any lettering, logos or pictorial matter.

    (2) Awnings shall not be illuminated.

    (3) No awning shall extend out more than six (6) feet from the building surface from which it is attached.

    (4) No awning shall be less than seven (7) feet above the sidewalk or entranceway over which it is attached.

21. Flower boxes, which extend over or rest on a public right-of-way, shall not extend more than nine (9) inches from the facade of the building to which they are accessory. Flower boxes shall not contain any lettering, logos or pictorial matter and may not be illuminated, except indirectly.

§ 163-83. Business and industrial districts.

1. The total area of all signs erected on a single property to advertise a specific business or activity, including freestanding and building signs, shall not exceed an area of two (2) square feet for each linear foot of building frontage of the principal structure, measured along the street or off-street parking area, whichever is greater, that provides the principal access for the use.

2. Directional signs that do not exceed two (2) square feet in sign area and are limited to such texts as "Office," "Entrance," "Exit," "Parking" and "No Parking" shall be excluded from the limitation on the total area of signs permitted.

3. No freestanding sign shall be more than twenty (20) feet in height, measured from the highest level of natural ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof. The Planning Board shall establish the setback for freestanding signs to ensure that such signs do not obstruct the view of motorists or create a nuisance to adjacent properties.

4. Business identification signs attached to windows and/or doors on the interior of a building and which are visible from the public right-of-way shall be excluded from the calculations to determine the maximum allowable sign area on a property specified in Subsection A above, provided that such window or door signs do not exceed thirty percent (30%) of the total surface area of the windows and/or doors on the facade of the building to which said signs are attached. If such signs exceed the thirty-percent limit, they shall be counted in determining the total area of all signs permitted on a property. (See Subsection A.)

5. Signs attached to the windows and/or doors of business establishments to advertise the temporary sale of a product or commercial service and which do not identify the name of the business shall be excluded in determining the total area of all signs permitted on a property. (See Subsection A.) No business shall be permitted to display more than two (2) such temporary advertising signs at any time.

§ 163-84. Conduct of more than one principal activity.

Notwithstanding the standard governing the total area of signs permitted to be erected or maintained on any parcel of real property set forth in § 163-83 above, the following standards shall guide the regulation of all signs associated with projects when more than one (1) principal building or business use or activity is proposed to be conducted upon a single parcel of real property, such as in the case of a shopping center, plaza or mall or other multiple commercial use facility or industrial park.

1. A single freestanding sign of up to thirty-two (32) square feet in area and not more than twenty (20) feet in height may be erected which identifies the name of the center or facility as a whole and does not advertise any individual business activity.

2. Freestanding signs advertising individual businesses within a shopping center or joint development project shall be prohibited.

3. One (1) sign identifying individual businesses or uses may be erected for each separate principal activity. Individual business signs may be attached to the face of the building. Such signs shall not exceed the lesser of two (2) square feet of area for each linear foot of store frontage or twenty percent (20%) of the surface area of the building face on which the sign is to be attached.

4. In a multiple commercial use facility or industrial park, there may be one (1) directory sign at any location therein which shall not exceed five (5) square feet for each acre of land in such commercial area or industrial park, provided that no such sign shall exceed twenty (20) square feet in area. In addition, at each point of entrance and exit for vehicular traffic into such multiple commercial use facility or industrial park, one (1) other directory sign shall be permitted which does not exceed two (2) square feet for each acre of land in such multiple commercial use facility or industrial park. Such signs shall not exceed a total area of twelve (12) square feet.

5. An overall sign design plan for any such center or facility shall be submitted with the application for the site development permit. The sign design plan shall include plans for each principal activity therein and shall reflect a reasonable uniformity of design, lettering, lighting and material.

§ 163-85. Residential districts.

1. A sign indicating the name and address of the occupant or identifying a home occupation may be permitted, provided that such sign shall not be larger than four (4) square feet in area. If such signs are freestanding, they shall not exceed four (4) feet in height above the ground level at the sign's location. Said signs shall not be illuminated, except indirectly.

2. For multiple-family dwellings, churches, libraries, social clubs, public buildings and other similar uses, a single identification sign not exceeding sixteen (16) square feet in area and indicating only the name and address of the building may be displayed. Signs identifying churches, libraries and other similar public buildings may, in addition to the name and address, include the times that services are provided. Such signs shall not be located closer to any lot line than one-half (1/2) of the required setback nor project more than four (4) feet in height above grade. Said signs shall not be illuminated, except indirectly.

3. No more than two (2) signs advertising the sale, lease or rental of a property may be placed on the site which is available. Such advertising signs shall not exceed six (6) square feet in area and shall be erected or displayed not less than ten (10) feet inside the property line and not more than four (4) feet in height. Said signs shall be removed from the premises within seven (7) days after the property has been leased or title transferred.

4. A permanent sign may be erected to indicate a subdivision. Said sign shall not exceed sixteen (16) square feet in area nor more than four (4) feet in height.

5. A sign advertising the sale of property within an approved subdivision may be permitted, provided that said sign does not exceed an area of sixteen (16) square feet. Said sign shall be located at the entranceway to the subdivision and may be placed on the property for a period of three (3) years from the time of subdivision approval or thirty (30) days following the sale of the last lot in the subdivision, whichever occurs first.

6. Signs advertising a business or home occupation in a residential district shall not exceed six (6) square feet in area. If freestanding, such signs shall not be located closer to any lot line than one-half (1/2) of the required setback nor project more than four (4) feet in height above grade. Said signs shall not be illuminated, except indirectly.

§ 163-86. Signs permitted in all districts without permit.

The following signs are permitted in all districts without a permit:

1. Signs bearing the name of the principal occupant and/or the street address of a private dwelling which do not exceed one (1) square foot in area.

2. Professional nameplates which do not exceed one (1) square foot in area.

3. Signs advertising the sale, lease or rental of the premises upon which the sign is located which do not exceed six (6) square feet in area.

§ 163-87. Noncommercial speech signs.

Notwithstanding the other provisions of this Article, noncommercial speech signs may be displayed without a permit subject to the following regulations:

1. Noncommercial speech signs in residential districts.

   (1) Noncommercial speech signs may be permitted in any residential district without a sign permit, subject to the following conditions:

   (a) The maximum number of noncommercial speech signs per lot shall be two (2), excepting posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.

   (b) Of the total number of signs, only one (1) shall be a window sign. No window sign shall exceed twenty-five percent (25%) of the total window opening or one (1) square foot, whichever is smaller.

   (c) A building-mounted sign may not exceed two (2) square feet in total area. Any building-mounted sign shall be located in proximity to an exterior entrance.

   (d) A ground-mounted sign, unless otherwise specified herein, shall:

   [1] Not exceed six (6) square feet in sign copy area;

   [2] Not exceed four (4) feet in height above grade;

   [3] Maintain a minimum ground clearance of two (2) feet;

   [4] Not be closer to any lot line than one-half (1/2) of the required setback;

   [5] Not interfere with vehicle site distances either from, along or to a public way; and

   [6] Not be illuminated, except indirectly.

2. Noncommercial speech signs in business and industrial districts.

   (1) Noncommercial speech signs associated with nonresidential uses may be allowed in any business or industrial district without a sign permit, subject to the following conditions:

   (a) The maximum number of noncommercial speech signs per lot shall be two (2), excepting posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.

   (b) Such signs shall not exceed twenty (20) square feet in area.

   (c) Freestanding noncommercial speech signs shall not be closer to any lot line than one-half (1/2) of the required setback.

   (d) Freestanding noncommercial speech signs shall not exceed six (6) feet in height above grade level.

   (e) Building-mounted noncommercial speech signs shall be located on the first floor front facade of the structure.

   (f) Noncommercial speech signs shall not be illuminated, except indirectly.

   (2) Noncommercial speech signs associated with a residential use in a business or industrial district shall comply with the standards specified above in Subsection A.

1. Temporary signs advertising any political, educational, charitable, civic, religious or like campaign or event may be erected or displayed for a consecutive period not to exceed thirty (30) days in any calendar year. Notwithstanding the above, political signs may be displayed without requiring a permit for a period of up to sixty (60) days. Said signs shall be removed within seven (7) days following the campaign or event.

2. If such temporary signs are not removed within the seven-day period, the Code Enforcement Officer is authorized to remove said signs and to charge all costs incident to the removal of the sign or signs to the organization responsible for the placement of the signs.

3. No temporary sign shall be attached to fences, trees, utility poles, bridges or traffic signs and shall not obstruct or impair vision or traffic in any manner or create a hazard or disturbance to the health and welfare of the general public.

4. No temporary sign shall exceed sixteen (16) square feet in area.

§ 163-89. Nonconforming signs.

1. Any existing sign erected prior to the adoption of this chapter which is nonconforming and for which no permit was issued shall be removed within six (6) months from the effective date of this chapter.

2. Any existing sign erected prior to the adoption of this chapter for which a permit was issued and which would be in violation under the provisions of this chapter shall be allowed to continue for a period of not more than four (4) years from the effective date of this chapter. At the end of the four-year period all such nonconforming signs shall be removed.

3. The provisions of Subsection B above shall not apply to signs which the Planning Board determines to have unusual community significance.

4. Nonconforming signs shall not be altered, rebuilt, enlarged, extended or relocated, unless such action changes a nonconforming sign into a conforming sign as provided herein. The failure to keep any such nonconforming sign in good repair within a period of thirty (30) days after due notification by the Code Enforcement Officer shall constitute abandonment of the sign. A sign which is abandoned shall not be reused and shall be removed by or at the expense of the property owner.

5. If a project subject to zoning review(s) is proposed for a parcel of property upon which a legally preexisting sign which does not conform to these standards is located, the reviewing agency shall require that said nonconforming sign be brought into compliance as a condition of the approval of the proposed action.

§ 163-90. Application for a sign permit.

All applications for a sign permit shall be made, in writing, upon the forms prescribed and provided by the Code Enforcement Officer and shall be accompanied by the required fee.

1. All applications shall contain the following information:

   (1) Name, address and telephone number of the applicant.

   (2) Location of the building, structure or land to which or upon which the sign is to be erected.

   (3) A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; the position of lighting or other extraneous devices; a location plan showing the position of the sign or any buildings or structures, including any private or public street or highway.

   (4) Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event that the applicant is not the owner thereof.

2. All applications for a sign permit, except those for a temporary sign, shall be forwarded to the Planning Board for review. Prior to rendering its decision, the Planning Board shall review the design, size and location of the proposed sign to determine whether the proposed sign is in compliance with the regulations set forth in this chapter. Upon the completion of its review, the Planning Board may approve, approve with conditions or reject the application. All decisions of the Planning Board shall be made, in writing, to the Code Enforcement Officer within forty-five (45) days of the receipt of an application. If the Planning Board fails to act within this period, the Code Enforcement Officer may issue the permit if the proposed sign is in compliance with these regulations.

§ 163-91. Issuance of permit.

It shall be the duty of the Code Enforcement Officer, upon the filing of the application for said permit, to examine all of the data submitted to him with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all of the requirements of this chapter and other rules and regulations of the Village of Warsaw and has been approved as to design, size and location by the Planning Board, as provided for herein, a permit for the erection of the proposed sign shall be issued. If the sign authorized under any such permit has not been completed within six (6) months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed for one (1) additional six-month period upon the approval by the Planning Board and upon payment of an additional fee. A request which cites the reason for requesting the extension for the completion of the sign shall be submitted, in writing, to the Planning Board not more than thirty (30) days following the first six-month expiration period.

§ 163-92. Removal of signs.

1. The Code Enforcement Officer shall notify the owner of any sign which no longer serves the purpose for which a permit was granted or is unsafe, insecure or is a menace to the public or has been erected or installed in violation of this chapter, in writing, to remove or correct the unsatisfactory condition of said sign within thirty (30) days from the date of such notice.

2. Upon failure to comply with such notice within the prescribed time, the Code Enforcement Officer is hereby authorized to remove or cause the removal of such sign. All costs and expenses incurred in removing said sign shall be charged to the owner of the sign and/or the owner of the land or building on which such sign is located.

3. The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily upon written notice to that effect. Failure to comply within twenty-four (24) hours of such notice shall serve as an authorization to the Code Enforcement Officer to remove or cause the removal of such sign, with all costs and expenses charged as provided for above.

Edgartown, MA

§ 175-80. Purpose.

The purpose of this Article is to regulate the uses of signs defined below in order to preserve the character and heritage of Edgartown.

§ 175-81. Definitions.

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

ACCESSORY SIGNS -- Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained or business transacted thereon or advertises the property itself or any part thereof as for sale or rent and which contains no other matter.

NONACCESSORY SIGN -- Any sign not an accessory sign.

PERSON -- Includes an individual, corporation, society, association, partnership, trust or other entity, public or private.

SIGN -- Any privately owned permanent or temporary device, placard, painting, drawing, poster, letter, word, banner, pennant, insignia, trade flag, merchandise, or representation used as or which is in the nature of an advertisement, announcement or direction which is on a public way or on private property within public view of a public or private way, public park or reservation.

SIGN, AREA OF:

1. The "area of a sign" shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign and any cutouts or extensions, but shall not include any supporting structure bracing.

2. The "area of a sign" consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all of the letters and symbols.

3. The "area of a sign" consisting of a three-dimensional object shall be considered to be the area of the object.

4. In computing the area of signs, both sides of V-shaped signs, but only one (1) side of back-to-back signs, shall be counted.

STANDING SIGN -- Any accessory sign that is notattached to a building.

TEMPORARY SIGN -- Any sign, including its supporting structure, to be maintained for a continuous period of not more than thirty (30) days.

1. Enforcement. The Building Inspector is hereby authorized to enforce this Article. He is authorized to order the repair and removal of any sign and its supporting structure which, in his judgment, is dangerous or in disrepair or which is erected or maintained contrary to this Article.

2. Administration.

   (1) An Advisory Council appointed by the Board of Selectmen shall review all applications for signs in the Town of Edgartown and advise the Building Inspector in writing with regard to the appropriateness of the uses of such signs and their conformity to this Article. Its role will be advisory.

   (2) The Advisory Council shall consist of five (5) year-round and full-time residents, including at least two (2) from the retail sector and one (1) from the general business community. The Board of Selectmen shall appoint the members of the Advisory Council from qualified applicants after notice has been published for two (2) consecutive weeks. Members shall serve for three-year terms staggered to provide continuity. The initial appointment shall be of one (1) member serving a one-year term, two (2) members serving two-year terms and two (2) members serving three-year terms. Unexpired terms shall be filled by the above selection process.

   (3) The Council shall meet weekly during the period of March 1 through June 30 and monthly thereafter or as necessary to act on applications in a timely manner. All completed sign applications must be reviewed and submitted by the Council to the Building Inspector within ten (10) days. A quorum shall consist of three (3) members of the Advisory Council.

3. Permits. Except as provided in ~§ 175-53E, 175-84 and 175-85B(3), no sign, temporary or permanent, shall be erected, altered or enlarged until a permit has been issued by the Building Inspector following review by the Advisory Council. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Article. The provisions of this section shall not apply to signs permitted in a residential area or temporary signs to be placed in a window.

§ 175-83. General requirements.

1. Character. All signs shall be professional in quality and shall not detract from the overall character of Edgartown. They should be constructed to provide pertinent information but should not become visually dominant elements in their intended surroundings. Accordingly, materials, designs and colors should be chosen to reflect and be harmonious with surrounding vistas and architecture. Day-glow and luminescent colors shall not be permitted.

2. Movement. No sign shall contain any moving, flashing or animated lights or visible moving or movable parts.

3. Illumination. Signs shall be illuminated only by a white, steady, external stationary light of reasonable intensity, shielded and directed solely at the sign. Internally illuminated accessory or nonaccessory signs shall not be permitted, except that internally illuminated ice and beverage dispensing machines may be permitted if shielded from public view in a manner appropriate to the particular location (see Subsection F) and only after a sign permit has been granted.

4. Window signs. The size of signs painted or placed on the inside of the glass of a window shall be that which is determined by the Building Inspector as appropriate for the business, but in no event shall it exceed fifty percent (50%). The character of such signs shall meet the requirements of Subsection A above.

5. Temporary signs. Temporary signs which comply with this Article shall be permitted. Temporary signs which do not comply with this Article may be authorized by the Building Inspector for public or charitable purposes.

6. Outdoor merchandise. In determining whether outdoor display of merchandise or representation shall be permitted, consideration shall be given to whether the item(s) is more appropriately displayed outdoors rather than indoors and to the relative amount and location of the outdoor space to be so utilized. For purposes of this Article, clothing, dry goods and foods generally are not considered appropriate for outdoor display. Ice and beverage dispensing machines may be allowed outdoors if shielded from public view in a manner appropriate to the particular location and only after a sign permit has been granted. Other food-dispensing machines or other vending machines (e.g., snacks, sandwiches, candy, cigarettes, etc.) are not permitted outdoors. Businesses wishing to display allowable outdoor merchandise must submit merchandising display plans as part of their applications.

7. All proprietors displaying outdoor ice and beverage vending machines which are in place on this date shall be granted, upon application within thirty (30) days, sign permits valid for the period ending April 1, 1984. Such permits shall be issued with the understanding that all such permitted machines displayed shall conform to Subsection F thereafter.

8. "No trespassing" signs and other similar signs which prohibit activities do not require a permit but must comply with Subsections A, B and C. Such signs may be posted on property at such regular intervals as meet the requirements of posting property. [Added 6-28-1988 STM, Art. 30, approved 9-23-1988]

9. Political signs. A political sign is one that is designed or intended to influence the action of voters for the election or defeat of candidate(s) or issue(s) at a national, state, county or local election. Such signs must be removed within ten (10) days following such election. Political signs are permitted whether or not they comply with other sections of this chapter. [Added 4-11-1989 ATM, Art. 12, approved 6-22-1989]

§ 175-84. Nonaccessory signs.

Nonaccessory signs shall be allowed only on special permit from the Building Inspector, subject to the following:

1. Such signs shall be allowed only in B-I or B-II Districts.

2. Permits shall be limited to one (1) year, subject to annual review.

3. Only signs giving directions to establishments not otherwise easily located or conveying information similarly useful to the general public shall be allowed.

4. Sign area and location shall comply with requirements of § 175-85 for accessory signs.

5. Further limitations on size, locations and illumination may be imposed as conditions of approval by the Building Inspector if determined by him to be necessary to protect the character of the existing neighborhood.

§ 175-85. Accessory signs.

1. Residence districts. In residence districts, there shall be no more than one (1) sign per lot, and that sign may only be used to identify the premises or to refer to products or services available there. All signs shall be no more than four (4) square feet in size. [Amended 6-28-1988 STM, Art. 30, approved 9-23-1988]

2. Business districts. In an area zoned as a business, commercial or industrial district, signs permitted under § 175-84A and the following are permitted:

   (1) One (1) sign for each exterior wall of an establishment if such wall faces a public way or contains a public entrance. Any such sign must be either flat against the wall or perpendicular to it. If attached flat against the wall, the sign shall not extend beyond the building lines, and the area of the sign may not exceed the lesser of ten percent (10%) of the wall area of such establishment or twelve (12) square feet. If perpendicular to the building, it may not project more than four (4) feet from the building nor exceed five (5) square feet in area. Roof signs and V-shaped signs are not permitted.

   (2) One (1) directory of the establishments occupying a building at each public entrance to the building. Such directory shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building.

   (3) Standing signs shall be allowed only on special permit from the Building Inspector subject to the following;

   (a) Sign area shall not exceed twelve (12) feet, and sign height shall not exceed ten (10) feet in height above the ground. No part of such sign shall protrude over the property line.

   (b) Permission shall be granted only where such signs will not deviate from established neighborhood patterns or create hazard because of obstructed vision.

3. Advertising the fact that the premises are for sale or for rent, or other conditions thereto, may be done only by the owner of the property and may include only the owner's personal name, personal telephone number or personal address but not include a business affiliation. [Added 6-28-1988 STM, Art. 30, approved 9-23-1988]

§ 175-86. Nonconforming accessory signs.

Accessory signs legally erected before the adoption of this Article which do not conform to the provisions of this Article may continue to be maintained without a permit; provided, however, that no such sign shall be permitted if, after the adoption of this Article, it is enlarged, reworded (other than in the case of theater or cinema, church or library signs), redesigned or altered in any substantial way, except to conform to the requirements of this Article, and provided further that any such sign which has deteriorated to such an extent that the cost of restoration would exceed thirty-five percent (35%) of the replacement cost of the sign at the time of restoration shall not be repaired or rebuilt or altered except to conform to the requirements of this Article. Any exemption provided in this section shall terminate with respect to any sign which:

1. Shall have been abandoned.

2. Advertises or calls attention to any products, businesses or activities which are no longer sold or carried on, whether generally or at the particular premises.

3. Shall not have been repaired or properly maintained within thirty (30) days after notice to that effect has been given by the Building Inspector.

§ 175-86.1. Requirements for signs in historic districts. [Added 4-11-1989 ATM, Art. 12, approved 6-22-1989]

1. Historic districts in the Town of Edgartown are defined as shown on the map entitled "Edgartown Historic District, Edgartown, MA," effective April 14, 1987, on file with the Edgartown Town Clerk, the Edgartown Historic District Commission and the Dukes County Registry of Deeds.

2. In case of conflict or contradiction with requirements for signs to be erected in other districts, the requirements set forth in this section shall apply.

3. Additional requirements for signs to be erected in an historic district are as follows:

   (1) Illumination. While illumination of signs in an historic district is permitted, the level of illumination shall be kept at a minimum. The intent of such illumination should be not to draw attention to the sign from a great distance, but instead to permit the sign to be read from a reasonable distance at night.

   (2) Character. The general appearance of a sign erected in an historic district should not clash with its surroundings. The use of attention-getting devices such as, but not limited to, the following, will be discouraged:

   (a) Superfluous, busy or otherwise unnecessary borders and/or shapes.

   (b) Nonconventional typefaces.

   (c) Bright colors, either in lettering, shapes, background or borders.

   (3) Wall sign. The top of a wall sign for a street-level establishment may not protrude above the top of a second-story windowsill.

   (4) Number of signs. The minimum effective number of signs will be permitted at any one (1) business location.

   (5) Architectural features. It is strongly recommended that no sign obscure an architectural feature or ornament.

   (6) Guidelines for review of application. In addition to technical review of the data presented on the sign permit application, the Sign Advisory Council and the Building Inspector shall consider the following:

   (a) Although specific designs or signs to be erected in an historic district are not prohibited by this section, certain sign types may be deemed incompatible in some instances. For example, a handcrafted sign for a franchised or otherwise affiliated business may be more appropriate than a mass-produced, home-office-approved-type of sign.

   (b) Complicated or cluttered design will be discouraged. This is not meant to exclude the use of a depiction of the product(s) or services(s) available, but rather to discourage the depiction of multiple products or services available.

   (c) In the case of support structures for signs, the structure should complement and represent the same period of time as that represented by the sign it supports and the immediate surroundings. For example, a black, wrought-iron bracket would be deemed more appropriate to support a projecting sign on a colonial structure than would, say, one made of tubular stainless steel.

   ---

   Ohio, PA

   § 132-29. Signs and outdoor advertising structures. [Amended 9-5-1989 by Ord. No. 156]

   1. Definitions. As used in this section, the following terms shall have the meanings indicated:

      ADVERTISING DISPLAY AREA -- The area encompassed within any regular geometric figure which would enclose all parts of the sign.

      ERECT -- To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.

      LOCATION -- Any lot, premises, building, structure, wall or any place whatsoever upon which a sign is located.

      PERSON -- Any person, firm, partnership, association, corporation, company or organization, singular or plural, of any kind.

      PUBLIC BODY -- Any government or governmental agency of the Township of Ohio, County of Allegheny, Commonwealth of Pennsylvania.

      ROOFLINE -- The juncture of the roof and the perimeter wall of the structure.

      SEMIPUBLIC BODY -- Any organization operating as a nonprofit activity and serving a public purpose or service, including such organizations as noncommercial clubs, lodges, theater groups, recreational and neighborhood associations, cultural activities and schools.

      SIGN -- Any permanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a structure or mobile surface or any other surface that shall display or include any letter, work, insignia, logo, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication or direction or which is designed to attract or bring the subject to the attention of the public not on the premises.

   2. Classification of signs. Signs shall be classified as follows:

      BANNER SIGN -- Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornaments applied to paper, plastic or fabric of any kind, national flags, flags of political subdivisions and symbolic flags of any institution or business which shall not be considered banners for the purpose of this section.

      BENCH SIGNS -- A sign located on any part of a surface of a bench or seat placed on or adjacent to a public right-of-way.

      BILLBOARD SIGN -- An off-premises sign displaying changeable or permanent advertising copy which pertains to a business, organization, event, person, place, service or product not principally located or sold on the premises upon which said sign is located. As used in this section, an "attached billboard" is a billboard fastened to the front or face of a building, and a back-to-back billboard" is a structure with two (2) parallel and directly opposite billboards with their faces oriented in opposite directions located not more than three (3) feet apart. A "ground billboard" is a billboard supported by one (1) or more uprights upon the ground with or without braces and not attached to a building or structure.

      BUSINESS SIGN -- An on-premises sign which advertises or directs attention to a business commodity, service, industry or other activity which is sold, offered or conducted other than incidentally on the premises upon which such sign is located or to which it is affixed.

      CHANGEABLE COPY SIGN -- A sign that is designed so the characters, letters or illustrations can be changed or rearranged without altering the face of the surface of the sign. This definition shall also include the changing of copy on billboard signs.

      CONSTRUCTION SIGN -- Any sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

      DIRECTORY SIGN -- A sign on which the names and locations of occupants or use of a building is given. This definition shall include office buildings and church directories.

      FREESTANDING SIGN -- Any self-supporting sign resting or supported by means of poles or standard. The height of the freestanding sign shall be measured from the average grade at the top of the sign. It shall not hang over sidewalks or roadways. It shall be located ten (10) feet behind all established rights-of-way and no sign shall be closer than fifteen (15) feet to any adjacent lot or property line.

      GROUND/POLE SIGN -- Any sign which is supported by structure or supports in or upon the ground and independent of support from any building.

      ILLUMINATED SIGN -- Any sign illuminated in any manner by an artificial light source.

      INTEGRAL SIGN -- Any memorial signs or tablets, names of buildings and date of erections when cut into any masonry surface or when constructed of bronze or other incombustible materials mounted on the face of a building.

      MARQUEE SIGN -- Any sign attached to and made a part of a marquee. A "marquee" is defined as a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

      MOBILE/PORTABLE SIGN -- Any mobile or portable sign or sign structure not securely attached to the ground or any other structure. This definition shall not include trailer signs as defined in this section.

      NONCONFORMING SIGN -- Any sign which does not conform to the regulations of this section.

      OFF-PREMISES SIGN -- Any sign that advertises a business, person, activity, goods, products or services or directs persons to a different location from where sign is installed, also commonly known as a "billboard," "off-site" or "outdoor advertising sign."

      ON-PREMISES SIGN -- Any on-premises sign which advertises or otherwise directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted on the premises upon which such sign is located, or to which it is affixed.

      PARALLEL OR WALL SIGN -- Any sign mounted parallel to a wall or other vertical building surface. Parallel signs shall not extend beyond the end of any wall or other surface to which they are mounted, or shall not project more than eight (8) inches from its surface.

      POINT OF SALE SIGN -- Any sign which carries only the name of the firm, major enterprise or products offered for sale on the premises, or a combination of these things.

      PROJECTING SIGN:

      (1) Any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall.

      (2) Any sign mounted to a wall or other vertical building surface other than a parallel sign. "Projecting signs" shall not project more than two (2) feet from the wall or surface to which they are mounted, shall not extend beyond the edge of any wall or other surface to which they are mounted, shall be at least eight (8) feet to the bottom of the sign above the ground level immediately below and shall not in any way interfere with normal pedestrian or vehicular traffic.

      REAL ESTATE SIGN -- Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

      ROOF SIGN -- Any sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure.

      SNIPE SIGN -- Any sign of any material whatsoever that is attached in any way to a utility pole, tree or any other object located or situated on public or private property.

      SPECIAL EVENTS SIGN -- Any portable sign and wind signs erected on the premises of an establishment having a grand opening or special event.

      STREET BANNER SIGN -- Any banner sign which is stretched across and hung over a public right-of-way.

      TRAILER SIGN -- Any sign mounted on a vehicle normally licensed by the Commonwealth of Pennsylvania and used for advertising or promotional purposes.

      WALL SIGN -- Any sign painted on or attached to and erected parallel to the face of or erected and confined within the limits of the outside wall of any building and supported by such wall or building and which displays only one (1) advertising surface.

      WINDOW SIGN -- Any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.

   3. Area and illumination of signs.

      (1) Area of signs.

      (a) The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed. If a sign consists of individual letters or symbols attached to a building wall or window, the area shall be considered to be that of the smallest rectangle or regular geometric shape which encompasses all of the letters and symbols.

      (b) In computing square foot area of a double-face sign, only one (1) side shall be considered, provided that both faces are identical. If the interior angle formed by the two (2) faces of the double face sign is greater than forty-five degrees (45ø), then both sides of such sign shall be considered in calculating the sign area. However, for permit purposes, it shall be construed as two (2) signs.

      (2) Illumination of signs. A directly illuminated sign is designed to give forth artificial light directly or through transparent or translucent material from source of light within such sign, including but not limited to neon and exposed lamp signs.

      (a) Festoon lighting. Festoon lighting is a directly illuminated sign, including either a group of incandescent light bulbs hung or strung overhead located to attract attention or used to outline a sign or other structure, but not including festive lighting. Festoon lighting is not permitted.

      (b) Indirectly illuminated sign. A sign illuminated with light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a directly illuminated sign.

      (c) Flashing sign. An illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use. Included are oscillating or revolving lights or animation. Flashing signs are not permitted because of normal competition with traffic and other safety lighting.

      (d) Nonilluminated sign. A sign which is not illuminated either directly or indirectly. (e) Beacon light. Any light with one (1) or more beams capable of being directed in any direction or directions or capable of being revolved automatically.

      (3) All lighting and illumination of signs shall conform to regulations regarding traffic hazards as specified in local and state regulations, and shall not cause undue distraction, confusion or hazard.

   4. Signs permitted in residential districts.

      (1) The following types of on-premises signs and no other shall be permitted in residential districts:

      (a) Public signs. Nonilluminated signs of a public or noncommercial nature displayed for the direction, safety or convenience of the public, including signs which identify restrooms, telephone booths, parking entrances and exits, freight entrances, public utilities, public transit, safety signs and danger signs, provided that the area of any one (1) side of any such sign shall not exceed two (2) square feet.

      (b) Flag signs. Flags representing governmental, educational or religious organizations, not to exceed forty (40) square feet.

      (c) Address signs. One (1) nonilluminated sign posted in conjunction with doorbells and mailboxes, provided that the area on any one (1) side of any such sign shall not exceed one (1) square foot.

      (d) Home occupation. One (1) sign for home occupation or accessory office indicating only names of persons and their occupation, provided that the area of any such sign shall not exceed one (1) square foot.

      (e) Institutional signs. One (1) nonilluminated or indirectly illuminated bulletin or announcement board or identification sign for permitted public, religious or charitable institution, park, school or church use, provided that the area on any one (1) side of any such sign shall not exceed twenty (20) square feet, and no more than one (1) sign shall be placed on each street frontage.

      (f) Nonconforming signs. One (1) nonilluminated or indirectly illuminated sign in connection with a lawfully maintained nonconforming use, provided that the area on any one (1) side of any such sign shall not exceed twelve (12) square feet.

      (g) Real estate sign. One (1) nonilluminated sign advertising the sale or rental of the premises upon which said sign has been erected, provided that the area of any such sign does not exceed six (6) square feet and such sign shall be removed upon settlement or rental of the property. All signs shall be located within the property line, for the advertising of sale or rental of commercial property, area of said sign shall not exceed twenty-five (25) square feet.

      (h) Subdivision or tract name sign. One (1) nonilluminated sign not to exceed thirty-two (32) square feet in area per exclusive entrance to a subdivision or tract. Such signs are restricted to the name of the subdivision or tract. [Amended 6-8-1992 by Ord. No. 174]

      (i) Construction sign. One (1) nonilluminated sign erected in connection with the development or proposed development of the premises by a builder, contractor, developer or other persons interested in such sale or development, provided that the erection of any such sign shall not exceed twenty (20) days after the last structure has been initially occupied or within six (6) months after the final inspection by the Building Inspector, whichever occurs first. Such a sign shall not exceed six (6) square feet.

      (j) Announcing sign. Temporary, nonilluminated signs of mechanics or artisans may be erected and maintained during the period such person or persons are performing work on the premises. Such signs shall be removed upon completion of work by the mechanic or artisan and the total areas of all such signs shall not exceed six (6) square feet.

      (k) Trespassing signs. Signs announcing "no trespassing," indicating the private nature of a road, or "no fishing" are permitted, provided that the area of any one (1) side of any such sign shall not exceed two (2) square feet.

      (l) Plaques. Nonilluminated or indirectly illuminated memorial signs or historical signs or tablets, not to exceed one (1) square foot.

      (m) Political signs. One nonilluminated sign advocating or opposing a candidate for public office or a position on an issue to be determined in an election, provided that such signs are removed within seven (7) days after election.

      (2) Off-premises signs are not permitted in residential areas except as follows. (Signs permitted within this section may also be on-premises.)

      (a) Signs necessary for the direction, regulation and control of traffic, street name signs, legal notices, warnings at railroad crossings and other official signs which are similarly authorized or directed by a duly constituted governmental body.

      (b) Temporary nonilluminated signs directing persons to temporary exhibits, shows or events may be erected subject to the following requirements:

      [1] Permission is granted by property owner in writing that the sign may be erected.

      [2] Signs shall not exceed twenty (20) square feet in area and banner signs shall not exceed forty (40) square feet in area. [Amended 6-8-1992 by Ord. No. 174]

      [3] Signs shall not be posted earlier than four (4) weeks before the occurrence of the exhibit, show or event, and shall be removed within one (1) week after the termination of the exhibit, show or event.

   5. Signs permitted in M-1, B-2 and B-3 Districts. No on-premises sign shall be permitted except as follows:

      (1) All classifications of signs permitted in residential districts.

      (2) Parallel, projecting and business signs, provided that:

      (a) Only one (1) sign per building except for buildings on corner lots which may have two (2) signs.

      (b) The total area of all parallel and projecting signs for each establishment shall not exceed one (1) square foot for each foot of length of the face of the main building wall, nearest parallel to the street line, the length of that portion of such wall which is devoted to such establishment. Corner buildings may divide total square feet on signage permitted to two (2) sides, as long as said signs do not project beyond the ends of the wall to which they are attached.

      (c) If such establishment does not occupy any floor area on the ground level of the building, other than an entryway, the maximum area per foot of length of front face of the main building wall, nearest parallel to the street line, shall be only one-half (1/2) of a square foot.

      (d) Interior window signs shall be considered parallel signs and included in the above computations.

      (e) Portable signs, banner signs and flag signs may be erected on the premises of an establishment having a grand opening or special event, provided that such signs shall be displayed for a period not to exceed seven (7) calendar days within any six-month period, and total square footage is not to exceed forty (40) square feet.

      (3) Freestanding business signs are permitted as follows:

      (a) Only one (1) such sign shall be permitted on each property and can be in addition to a parallel, projecting and/or business sign. [Amended 6-8-1992 by Ord. No. 174]

      (b) The area of any such sign shall not exceed thirty-two (32) square feet. Such a sign may be double-faced. [Amended 6-8-1992 by Ord. No. 174; 9-12-1994 by Ord. No. 193]

      (c) Freestanding signs mounted or otherwise affixed to the roof of a building are not permitted.

      (d) The maximum height of freestanding business signs shall be twenty-five (25) feet from curb level to top of sign.

      (e) All signs shall be located at least twenty (20) feet behind all street rights-of-way.

      (f) No part of any sign shall be closer than twenty (20) feet to any adjacent lot.

      (g) No part of any sign may project into the right-of-way of a street or highway.

      (4) In addition to an individual wall sign for each enterprise in a group of business establishments sharing an integrated shopping area with limited access, one (1) ground sign having two (2) faces and not over twenty-five (25) feet in height, having a maximum sign area of fifty (50) square feet per side and located not closer than twenty (20) feet to any public right-of-way, and not closer than twenty (20) feet to an adjoining lot line, may be erected to serve such group of business establishments. However, in such a case, all the individual wall signs shall be no larger than one (1) square foot per linear foot of the building or part of the building occupied by such business. [Amended 6-8-1992 by Ord. No. 174]

   6. Billboards. Billboards, as defined in this section, are permitted in M-1 Districts only, provided that they are a minimum of five hundred (500) feet from the boundary line of an R District or the property line of any public or private school property. Required spacing shall be measured from a point perpendicular to the centermost point of the billboard structure along the front line parallel to center line of the roadway to which the sign is oriented. Billboards are not permitted on sewer rights-of-way, floodplain areas or within five hundred (500) feet of a bridge crossing.

      (1) Location.

      (a) The minimum front, side and rear yard requirements applying to a principal use, as designated within a zoning district in which the billboard is to be located, shall apply to each structure. The maximum lot coverage as specified within the Zoning Ordinance shall apply to any lot upon which a billboard structure is located and shall include any other structure or buildings on the same lot therewith.

      (b) No billboard shall be erected in such a manner as to block the view from the road or street of any existing business sign, logo sign, residential or nonresidential structure or limit or reduce the lighting and ventilation requirements under the Township Build ing Code.

      (c) Ground billboards shall be set back to the required distance for buildings located within said zoning district or a distance of not less than that of adjoining properties or fifteen (15) feet, whichever is the greatest. All newly constructed ground billboards shall be of the single pole design, and attached billboards shall be only upon the front or face of a building and must be constructed and maintained flat or parallel with the building wall to which they are attached and shall not extend more than twelve (12) inches from such exterior building wall.

      (2) Size and height.

      (a) A billboard shall have a maximum allowable gross surface area of seven hundred (700) square feet per sign face. A billboard shall have a maximum of two (2) sign faces per billboard structure, and the gross surface area of each sign face shall not exceed the seven-hundred square foot maximum, provided that the billboard structure sign faces are placed back-to-back. The billboard structure with two (2) sign faces is placed in a V-shaped configuration on a single billboard structure, the total square footage of each sign combined cannot exceed seven hundred (700) square feet.

      (b) The billboard's gross surface area shall not exceed twenty (20) feet in total height or sixty (60) feet in total length.

      (c) A billboard structure shall have a maximum height above the curb of a roadway, from which it is intended to be viewed, of forty (40) feet; provided, however, that the height of a billboard structure oriented to a depressed roadway shall be measured from the grade at the base of the billboard.

      (d) No billboard sign shall be more than twenty-five (25) feet average to the bottom of the sign above the ground level immediately below and shall not in any way interfere with normal pedestrian or vehicular traffic.

      (e) All billboard signs shall be approved by the Building Inspector.

      (3) Construction methods.

      (a) Billboards shall be constructed in accordance with the applicable provisions of the Ohio Township Building and Electrical Code. In addition:

      [1] A billboard structure shall have a maximum of one (1) vertical support being a minimum of forty-eight (48) inches in diameter, with a one half-inch wall or width, and without bracing or vertical supports.

      [2] A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.

      [3] One (1) vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum sixty-mile-per-hour wind load.

      [4] The entire base of the billboard structure shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three (3) feet placed in such a manner as to screen the foundation of the structure. Said landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices. Landscaping shall form a base and backdrop to the billboard sign when practical in the opinion of the Building Inspector.

      [5] No bare cuts are permitted on a hillside, and all cuts or fills are to be permanently seeded or planted.

      [6] A billboard with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum footcandle of one and five-tenths (1.5) upon the adjoining property.

      [7] Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local time.

      [8] No billboard structure, sign face or display lighting shall move, flash or emit noise. No display lighting shall cause distraction, confusion, nuisance or hazard to traffic, aircraft or other properties.

      [9] The use of colored lighting is not permitted.

      [10] No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any manner obstruct or impede traffic safety, including ingress or egress.

      [11] Billboards shall maintain a lateral minimum spacing of two thousand five hundred (2,500) feet between billboard structures, measured in all directions.

      [12] Billboards may not be mounted on a roof, wall or face or other part of a building or any other structure.

      (b) Maintenance must be provided for the billboards as follows:

      [1] The billboard structure shall be entirely painted every three (3) years.

      [2] Every five (5) years the owner of the billboard shall have a structural inspection made of the billboard by a qualified Pennsylvania registered engineer or architect and shall provide to the township a certificate from the engineer or architect certifying that the billboard is structurally sound.

      [3] Annual inspections of the billboard shall be conducted by the Township Building Inspector to determine compliance, and billboards found to be in violation of this section shall be brought into compliance within thirty (30) days of notice or ordered removed upon proper notification by the township.

      [4] Billboards using removable paper or other materials shall be maintained in such a condition as to eliminate loose or frayed material protruding or hanging from the structure.

   7. General sign and billboard regulations.

      (1) The Township Manager is authorized to prepare and utilize such forms as may be required for carrying out the provisions of this section pertaining to signs and billboards.

      (2) All signs and billboards must comply with all applicable federal, state and local laws and regulations.

      (3) Owners of billboard signs shall affix a permanent metal tag to each sign bearing a number or other identifying mark assigned by the township. The metal tag shall be affixed on the vertical support pole but no higher than six (6) feet from the ground level.

      (4) Flashing, animated or moving signs shall not be permitted in any district.

      (5) All signs except temporary signs shall be constructed of durable material and kept in good condition and repair.

      (6) Nonconforming signs existing at the time of the passage of this amendment which do not conform to the requirements of this amendment shall be considered nonconforming signs and once removed shall be replaced only with conforming signs; provided, however, that nonconforming signs may be repainted or repaired, provided that such repainting or repair does not exceed the dimensions of the existing sign.

      (7) No signs except those of a duly constituted governmental body, including traffic signs and similar regulatory notices, shall be allowed within street rights-of-way.

      (8) Any vehicle to which a sign is affixed in such a manner that the carrying of such sign or signs no longer is incidental to the vehicle's primary purpose, but becomes a primary purpose in itself, shall be considered a freestanding sign and as such be subject to the provisions regarding freestanding signs in the district in which such vehicle is located.

      (9) A sign that is not expressly permitted in any given zoning district is prohibited by this section.

      (10) All signs must comply with applicable federal and state regulations concerning permissible wind pressure pounds per square foot for both solid and open signs.

      (11) Any sign that is located on property which becomes vacant and is unoccupied for a period of three (3) months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned, and shall be removed by the owner of the sign or owner of the premises. The sign may be removed by the township at the expense of the owner.

      (12) No person shall permit a dangerous or defective sign to remain on any premises owned or controlled by him as set forth in these regulations. If said sign is not repaired or removed, the township may remove it at the owner's expense.

      (13) The Building Inspector shall cause to be removed any sign which endangers public safety, such as an abandoned, dangerous or materially, electrically or structurally defective sign or a sign for which no permit has been issued. Said Building Inspector shall prepare a notice and shall describe the sign and specify the violation involved at which he will state that, if the sign is not removed and the violation is not corrected within ten (10) days, the sign shall be removed in accordance with the provisions of this section. Notices shall be sent by certified mail, and any time periods provided for in this section shall be deemed to commence on the date of the receipt of the certified mail. Any person having an interest in the sign may appeal the determination of the Building Inspector by filing a written notice of appeal with the Zoning Hearing Board within thirty (30) days of the date of mailing of the notice. Notwithstanding the above, in cases of an emergency, the Building Inspector may cause the immediate removal of a dangerous or defective sign without notice.

      (14) No illuminated signs are permitted residential districts.

      (15) Freestanding roof signs are prohibited, and freestanding ground signs may not exceed six (6) feet in height. Said ground signs must be located a minimum of twenty (20) feet from street rights-of-way.

      (16) Projecting signs or portions of such signs shall not be located less than eight (8) feet to the bottom of the sign or more than twelve (12) feet above the ground level immediately below said sign.

      (17) Parallel signs or portions of such signs shall not be located more than twelve (12) feet above the ground level immediately below such sign.

      (18) No sign shall be permitted that is deemed to constitute a hazard of any kind, obscure light or air from a building, prevent ingress or egress from any window or exit or interfere or obstruct the view of motorists or pedestrians.

      (19) Signs may not be attached to utility poles or street trees except for municipal purposes.

   8. General setback provisions. In addition to the setback requirements stated elsewhere for specific signs, the following general setback requirements shall be observed:

      (1) There are no setback requirements for signs whose area does not exceed two (2) square feet, except that no sign is permitted in any street right-of-way.

      (2) Real estate signs or bulletin boards for a church, school or other public or semipublic religious or educational institution may be erected within ten (10) feet of the right-of-way of any street or highway, provided that such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.

   9. Special provisions.

      (1) Where a business or manufacturing district abuts a residential district or is separated from a residential district by a public roadway, no sign which faces a side or front lot of any lot in such residential district shall be permitted to be closer than one hundred (100) feet to such lot line, including the width of such roadway.

      (2) Signs larger than one (1) square foot shall be erected or placed in conformity with the side and rear yard requirements of the district in which it is located, except no sign larger than one (1) square foot in area shall be closer than fifty (50) feet to a side or rear line of a lot in any residential district.

      (3) Signs permitted in residential districts shall be placed no closer than forty (40) feet to a side or rear yard line.

      (4) Ground signs in residential districts shall be set back a minimum of twenty-five (25) feet from the established right-of-way line of any street or highway.

      (5) All signs and/or advertising structures, which do not wholly conform and cannot be altered to conform to all applicable provisions of this section, but which were constructed in compliance with previous regulations and possess no variance, shall be removed within three (3) years of the effective date of this amendment.

   10. Permit requirements and fees. It shall be unlawful to erect, construct or alter any sign or billboard without first having filed with the Building Inspector for an application, in writing, and obtaining a formal building permit from the Township of Ohio. Said application will be submitted to the Building Inspector on such terms as prescribed by the Township of Ohio.

       (1) Plans. Applications for sign or billboard permits shall be accompanied by a scale drawing showing the following;

       (a) The dimensions of the sign or billboard and where applicable the dimension of the wall surface of the building to which it is to be attached.

       (b) The dimension of the sign or billboard supporting numbers and the maximum and minimum height of the billboard.

       (c) The proposed location of the sign in relation to the face of the building in front of which it is to be erected.

       (d) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated.

       (e) Where the sign is to be attached to an existing building, a current photograph of the face of the building to which the sign is to be attached.

       (f) A description of the construction details, materials of the sign structure, type of lettering and the intensity and type of lighting to be provided.

       (g) A written statement showing the name of the owner of the sign, address, telephone number and the name of the person in control of the building or premises where such sign is to be located. The name of the sign contractor or erector is also required.

       (h) The owner of any advertising sign or billboard shall provide the township with a certificate of insurance issued by a qualified and licensed insurance company naming the township as an additional insured against all claims in the face amount of two hundred fifty thousand dollars ($250,000.) for property damage and personal injury connected with said sign. The amount of the deductible pertaining to the township shall not exceed two thousand five hundred dollars ($2,500.).

       (i) A statement evaluation as to cost of construction.

       (j) Whenever a proposed sign is included in the presentation of a new or amended site plan application, the sign permit application shall be reviewed and approved by the Planning Commission prior to the issuance of a sign permit by the Building Inspector.

       (k) Approval of a certificate of occupancy for each new business, facility or office desiring to continue using or to create a new sign shall be contingent upon approval of a sign permit.

       (2) Fees. The Township Board of Supervisors may, by resolution, establish reasonable fees for permanent applications and inspections, the cost of which is in direct correlation with such inspection as referred to herein. No permit shall be issued without the application and first year's inspection fee having first been paid at the time of approval and subsequent issuance of permit.

       (a) Permit fees shall be two dollars ($2.) per square foot of area of the sign or billboard.

       (b) An annual inspection fee shall be paid per billboard in the amount of thirty-five dollars ($35.). [Amended 1-4-1993 by Ord. No. 180]

       (c) When plans require a formal plans check, as determined by the Building Inspector, a plan check fee, in addition to the permit fee, shall be collected in the amount of forty dollars ($40.) per hour.

       (d) If a permit is not obtained within ninety (90) days after the applicant has been notified that the plans are approved, the Building Inspector shall assume that the application is withdrawn and may destroy the plans. Renewed action on said plans shall require reapplication and new fees.

       (e) Should any person, firm or corporation actually begin work for which a permit is required and do so without taking out a permit therefor, he or it shall pay, in addition to the fees above described and provided, an additional amount equal to one hundred percent (100%) of the fees above described and shall be subject to all the penal provisions of this chapter.

       (f) A reinspection charge shall be assessed for each inspection after the second made to determine compliance. These cumulative charges shall be as follows:

       [1] Third inspection: eighty dollars ($80.).

       [2] Fourth inspection: one hundred dollars ($100.).

       [3] Fifth inspection: one hundred twenty dollars ($120.).

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   Urbana, NY

   Chapter 86

   SIGNS

   § 86-1. Purpose.

   § 86-2. Definitions.

   § 86-3. Permit required.

   § 86-4. Application procedure.

   § 86-5. Issuance of permit; permit conditions.

   § 86-6. Exempt signs.

   § 86-7. Prohibitions.

   § 86-8. Regulations by district.

   § 86-9. Regulations by sign type.

   § 86-10. Nonconforming signs.

   § 86-11. Removal of signs.

   § 86-12. Construction standards.

   § 86-13. Amendments.

   § 86-14. Penalties for offenses.

   [HISTORY: Adopted by the Town Board of the Town of Urbana 6-9-1994 as L.L. No. 1-1994. Amendments noted where applicable.]

   § 86-1. Purpose.

   1. The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and outdoor signs 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 community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and curb the deterioration of the community's appearance and attractiveness.

   2. This chapter is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with their surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.

   § 86-2. Definitions.

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

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

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

   DIRECTIONAL SIGN -- A sign limited to providing information as to the location of a business, activity or event.

   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. Included are pole signs and pylon signs constructed of wood, masonry materials or any other material.

   ILLUMINATED SIGN -- Any sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.

   NONPROFIT ORGANIZATION -- An organization which has been designated by all appropriate applicable state and federal agencies as a nonprofit agency or organization and has possession of such certification.

   OFF-PREMISE SIGN -- A sign unrelated to a business or a profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.

   PORTABLE SIGN -- A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally or permanently attached to the ground, a building, a structure or another sign.

   PROJECTING SIGN -- A sign which is attached to a building, wall or structure and which extends horizontally more than fifteen (15) inches from the plane of such wall or structure or a sign which is perpendicular to the face of such wall or structure.

   REPRESENTATIONAL SIGN -- A three-dimensional sign built to physically represent the object advertised.

   RIGHT-OF-WAY -- The area, as designated by the agency responsible for a specific highway or roadway, that is to remain free from any structures or encroachments.

   SET BACK -- The distance from any street, highway, roadway, structure or property line.

   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 structure or indoors, as a window sign, displaying an advertisement, announcement, notice or name, and shall include but not be limited to any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interest of any person, business, organization or cause when such is placed in view of the general public.

   SIGN DIRECTORY -- A listing of two (2) or more business enterprises, consisting of a matrix and sign components.

   SIGN STRUCTURE -- The supports, uprights, bracing, framing, mountings and framework for a sign. In the case of a "sign structure" consisting of two (2) or more sides in which the angle formed between any two (2) sides or the projections thereof exceeds thirty degrees (30ø), 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 (1) 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 thirty (30) days or less.

   WALL SIGN -- A sign which is painted on or attached to the outside wall of a building with the face of the sign parallel to such wall and not extending more than fifteen (15) inches from the face of such wall.

   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 in such a manner to be viewed from outside, but not to include graphics in connection with customary window display of goods or products.

   § 86-3. Permit required.

   Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Code Enforcement Officer. Within six (6) months following the effective date of this chapter, a permit shall also be obtained for any sign in existence as of the effective date of this chapter unless excluded under § 86-6. Subsequent to this initial application, no permit shall be required for the general repair or maintenance of any permitted sign.

   § 86-4. Application procedure.

   Applications shall be made in writing to the Code Enforcement Officer on forms obtained from the Town Clerk and shall contain the following information:

   1. The name, address and telephone number of the applicant.

   2. The name, address and telephone number of the property owner.

   3. The location of the building, structure and/or land upon which the sign now exists or is to be erected.

   4. A plan, drawn to scale, as well as a description of the sign, sign structure and placement and should include the following:

      (1) Its location on the premises, specifically its position in relation to existing buildings, structures, property lines, roadways, driveways, parking lots and any other existing or proposed signage, and indicating such distances.

      (2) The method of illumination, if any, and the position of lighting or other extraneous devices.

      (3) Graphic design, including symbols, letters, materials and colors.

      (4) The visual message, copy, text or content of the sign.

   § 86-5. Issuance of permit; permit conditions.
   1. All signs in the Town of Urbana, other than those mentioned in § 86-6, shall require a sign permit.

   2. Upon the filing of a completed application for a sign permit and the payment of the required fee which has been determined by a schedule of fees as established by the Town Board, the Code Enforcement Officer shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with the requirements of this chapter, the Code Enforcement Officer shall then, within thirty (30) days, issue a permit for the erection of the proposed sign or for an existing sign. The issuance of this permit shall not excuse the applicant from conforming to any other laws or any local laws or ordinances.

   3. If the erection of the sign authorized under any such permit has not commenced within six (6) months from the date of issuance, the permit shall become null and void but may be renewed within thirty (30) days prior to the expiration of said permit, for good cause shown, for an additional six (6) months, upon payment of one-half (1/2) of the original fee.

   4. The term of such permit shall extend through the useful life of the sign unless otherwise indicted in this chapter. A new permit shall be required if:

      (1) Changes to the design, copy, structure, size or supporting structure is no longer consistent with the original application.

      (2) The name of the business or type of busin