Chapter 115
SIGNS
§ 115-1. Title.
§ 115-2. Purpose.
§ 115-3. Definitions.
§ 115-4. Applicability.
§ 115-5. Restrictions and
prohibited acts.
§ 115-6. Permitted signs in
all districts.
§ 115-7. Permitted signs in
Commercial and Business and Technology Districts.
§ 115-8. Temporary signs.
§ 115-9. Sign setbacks.
§ 115-10. Planned sign area.
§ 115-11. Nonconforming signs.
§ 115-12. Permits.
§ 115-13. Role of Planning
Board.
§ 115-14. Review and appeal.
§ 115-15. Penalties for
offenses.
[HISTORY: Adopted by the Board of Trustees of the
GENERAL
REFERENCES
Zoning -- See
§ 115-1. Title.
This chapter shall be known as the "Sign
Law of the
§ 115-2. Purpose.
The purpose of this chapter is to create the
legal framework for a comprehensive but balanced system of signs and thereby to
facilitate an easy and pleasant communication between people and their
environment. With this concept in mind, this chapter is adopted for the
following purposes:
A. To
authorize the use of signs which are:
(1) Compatible with their surroundings.
(2)
Appropriate to the type of activity to which they
pertain.
(3)
Expressive of the identity of individual proprietors
or of the community as a whole.
(4) Legible in the circumstances in which they are seen.
B. To
preserve, protect and promote the public health, safety and welfare.
C. To
enhance the economy and the business and industry of the Village by promoting
the reasonable, orderly and effective display of signs and encouraging better
communication with the public.
D. To
enhance the physical appearance of the Village by preserving the scenic and
natural beauty of the area.
E. To
protect the general public from damage and injury which may be caused by the
faulty and uncontrolled construction and use of signs within the Village.
F. To
protect the pedestrians and motorists from damage or injury caused by the
distractions, obstructions and hazards created by certain signs.
G. To
protect the public investment in streets and highways by reducing distractions
that may increase traffic accidents.
H.
To protect the physical and mental well-being of
the general public by recognizing and encouraging a sense of aesthetic
appreciation for the visual environment.
I.
To preserve the value of private property by
assuring the compatibility of signs with
surrounding land uses.
J. To
encourage sound practices and lessen the objectionable effects of competition
in respect to size and placement of signs.
§ 115-3. Definitions. [Amended 1-9-1978 by L.L. No. 1-1978; 4-8-1980 by L.L. No. 3-1980]
As used in this chapter, the following terms
shall have the meanings indicated, unless otherwise expressly stated:
Accessory
sign or on-premises sign -- Any sign related to any activity, business or
profession conducted, or to a commodity or service sold or offered upon the
premises where such sign is located.
Billboard,
nonaccessory sign or off-premises sign -- Any sign related to any
activity, business or profession conducted, or to a commodity or service sold
or offered upon premises other than where such sign is located.
Business -- A
separate outlet or establishment.
Erect -- To
build, construct, alter, change any lettered or pictorial matter, display,
relocate, attach, hang, place, suspend, affix or maintain any sign, and also
includes the painting of exterior wall signs. The term does not include the
changing of the advertising copy or message on an approved painted or printed
sign or billboard or on a theater marquee and similar approved signs which are
specifically designed for the use of replaceable copy.
Facade --
That portion of the building which as an uninterrupted plane most nearly
parallels the principal frontage.
Freestanding
sign -- Any sign or sign structure not attached to the
exterior of a building.
Front
or face of a building -- The outer surface of a building, including
the outer and inner surface of windows thereon, visible from any private or
public street or highway. Illuminated
sign -- Any sign illuminated by electricity, gas or other artificial light,
including but not limited to reflective or phosphorescent light originating
from outside the body of the sign or from within or behind it.
Lighting
device -- Any light, string of lights or group of lights or
neon tubing located or arranged so as to cast illumination on a sign face from
the exterior, or to illuminate a sign from its reverse side, or to outline any
portion of a building or draw attention to any activity or land use.
Person --
Any person, firm, partnership, association, corporation, company, institution
or organization of any kind.
Portable
sign or mobile sign -- Any sign or sign structure not permanently
affixed to the ground or to the exterior of a building.
Principal
frontage [where a lot has frontage on more than one (1) street]
-- The frontage on the street which the Zoning Officer designates as having or
being designed for the higher traffic flow. If no reasonable distinction
between frontage streets can be made on the basis of traffic flow, the Zoning
Officer designates the principal frontage in keeping with the overall layout
and development of the neighborhood.
Projecting
sign -- Any sign that projects from the exterior of any
building.
Shopping
mall -- Any group of three (3) or more stores which share a
common vehicular entrance or entranceways and common off-street parking, and
which contain a total of at least ten thousand (10,000) square feet of gross
floor area.
Sign --
Any material, symbol, emblem, structure or device or part thereof, composed of
lettered or pictorial matter, or upon which lettered or pictorial matter is
placed when used or located out of doors or outside or on the exterior of any
building, including exterior and interior window surfaces. Such matter may be
for display of an advertisement, announcement, notice, directional matter or
name. The term "sign" includes sign frames, billboards, sign boards,
painted wall signs, hanging signs, illuminated signs, pennants, fluttering
devices, projecting signs or ground signs, and also includes any announcement,
declaration, demonstration, display, illustration or insignia used to advertise
or promote the interests of any person or business when the same is placed in
view of the general public. The term "sign" includes signs related
and unrelated to a business or profession, or to a commodity or service sold or
offered upon the premises where such sign is located.
Sign
area -- The surface area of the sign, including the frame,
plate or structure used to hold up any lettering or pictorial matter. In the
event that a sign is attached, painted or applied to the front or face of a
building or is irregular in shape, the area of the sign must be taken as the
area of the smallest rectangle that can be placed over the entire sign,
including its lettering, devices, frame and decorative moldings along its
edges, and background if of a different color than the predominant color
surrounding the sign except as otherwise provided herein. In the event that
both upper case and lower case letters are used in a lettered wall sign, the
area must be defined by the smallest rectangle that can be placed over the
letters. In the event that a letter or letters or other pictorial matter are
placed as separate units without a background board, the sign area must be
calculated as the area of the smallest rectangle or circle that encloses all of
the symbols. In the case of a flat or two-sided freestanding sign, the sign
area is considered to be the entire surface area of one (1) face of the sign.
The sign area of signs having more than two (2) sides is the sum of the surface
area of all sides.
Sign
support structure -- Any freestanding structure, or part thereof,
the primary function of which is to hold a sign in a position so that it can be
seen by its intended audience. A sign support structure is to be designed so
that it does not obscure the view past or through it any more than the
structural requirements of holding up the sign require. If the sign support
structure is essentially opaque, it shall be considered to be part of the sign
area and calculation of the sign area shall include the sign support structure.
[Added 5-19-1987 by L.L. No. 1-1987]
§ 115-4. Applicability.
For the purposes of this chapter, the term
"sign" does not include signs erected and maintained by any
governmental agency pursuant to and in discharge of any governmental function,
or required by any law, ordinance or governmental regulation, nor does it
include flags, emblems or symbols of a nation, governmental body or school, nor
memorial tablets or historical markers erected by any governmental agency, nor
does it include posters or signs of a temporary nature erected or placed for a
period of not more than thirty (30) days (as provided in § 115-8A), nor does it
include interior window signs (as provided in § 115-8B), nor does it include
public safety signs which are necessary for regulating pedestrian or vehicular
traffic, nor does it include signs or decorations in celebration of national
holidays, provided that they do not contain any name, individual, corporation
or business, trademark or trade name and do not constitute a public nuisance or
hazard.
§ 115-5. Restrictions and prohibited acts.
The prohibitions contained in this section
apply to all signs and lighting devices in all use districts, regardless of
designation, of the
A. Any
illuminated sign or lighting device may employ only lights emitting constant
intensity, and no sign may flash or move or have the appearance of flashing or
moving or be illuminated by or contain flashing, intermittent, rotating or
moving light or lights. In no event may an illuminated sign or lighting device
be so placed or so directed as to permit the beams and illumination therefrom
to be directed or beamed upon a public street, highway, sidewalk, navigable
waterway or air corridor or premises adjacent to any of these so as to cause
glare or reflection that may constitute a traffic hazard or nuisance.
B. Illuminated
signs must not be lighted between 10:00 p.m. and sunrise, except that signs may
remain lighted during normal business hours.
C. No
part of a sign or lighting device may project more than eighteen (18) inches
from the front or face of a building.
D. A
sign or lighting device may not be supported or attached, wholly or in part,
over or above any wall, building or structure.
E.
A portable, mobile or temporary sign may not be
placed on the front or face of a building or on any premises, except as
provided in §§ 115-6, 115-7, 115-8 and 115-9 herein.
F.
No sign or part thereof may contain or consist of
banners, posters, pennants, ribbons, streamers, spinners or other similar
moving, fluttering or revolving devices. These devices, as well as strings of
lights, may not be used for advertising or attracting attention or for any
other purpose.
G. Only
accessory signs or on-premises signs as provided in this chapter are permitted;
billboards, nonaccessory signs and off-premises signs are not permitted in any
area of the Village of Lansing, except as noted in § 115-6A(2). [Amended 4-8-1980 by L.L. No. 3-1980]
§ 115-6. Permitted signs in all districts.
A. The
following signs are permitted in any use district without a permit, provided
that if ground-mounted, the top must not be over five (5) feet above the ground
and if building-mounted, must be flush-mounted:
(1) One (1) sign advertising the sale, lease or rental of the
premises upon which the sign is located, which sign must not exceed nine (9)
square feet in area, except in residential districts where the sign must not
exceed five (5) square feet. The sign must be removed within ten (10) days
after the sale, lease or rental. [Amended
4-8-1980 by L.L. No. 3-1980]
(2)
One (1) sign denoting the name and location of
property containing six (6) or more rental residential units, which sign may be
located on the premises and which sign must not exceed five (5) square feet in
area, or if the property does not have frontage on a public street, one (1)
sign may be placed along the accessway to such premises, which sign must not
exceed nine (9) square feet in area. [Added
4-8-1980 by L.L. No. 3-1980]
(3)
One (1) nameplate, not self-illuminated, denoting
the names and address of the occupants of the premises, not exceeding one
hundred forty-four (144) square inches per dwelling unit.
(4)
Directional (entrance/exit) signs on premises,
one (1) for each accessway, each not exceeding two (2) square feet in area and
which must not include any trademarks or names of businesses conducted or
products sold and must include the minimum amount of lettering necessary to
direct traffic.
(5)
One (1) sign or notice, having an area of fifteen
(15) square feet or less, erected by a public utility, necessary for the
direction, information or safety of the public.
(6) One (1) sign of a temporary nature listing the architect,
engineer, contractor or owner may be placed on premises where construction,
repair or renovation is in progress, which sign must not exceed five (5) square
feet in area. Such sign must be removed immediately upon completion of the
project or if construction is interrupted for a period of six (6) months. [Added 1-9-1978 by L.L. No. 1-1978]
B. The
following signs are permitted in any use district but require a permit, and if
ground-mounted, the top must not be over five (5) feet above the ground and if
building-mounted, must be flush-mounted:
(1)
One (1) sign or bulletin board customarily
incidental to places of worship, libraries, museums, social clubs or societies,
which sign or bulletin board must not exceed nine (9) square feet in area and
must be located on the premises of such institutions.
(2)
One (1) sign advertising real estate developments
or subdivisions [during the period of development, not to exceed one (1) year
from the date of permit] is permitted in residential districts. This sign must
not exceed five (5) square feet in area and must advertise only the name of the
architect, contractor, owner or developer and such sign must not be illuminated
in any manner. The permit may be renewed for two (2) additional periods of one
(1) year each for good cause.
(3)
One (1) sign identifying a real estate
development, subdivision or neighborhood. Such sign shall not exceed five (5)
square feet in area. Such sign shall set forth only the specific name of the
real estate development, subdivision or neighborhood and no other information. [Amended 1-9-1978 by L.L. No. 1-1978;
5-19-1987 by L.L. No. 1-1987[1];
8-20-07 by L.L. No. 5-2007]
C. [Added 2-1-1993 by L.L. No. 5-1993] The following signs are permitted in the
Farm and Craft Market Combining District but require a permit, and the top of
any such sign must not be over fifteen (15) feet above the ground:
One (1) unlighted freestanding sign
not exceeding nine (9) square feet in area advertising a home occupation, as
defined in § 145-60D of Chapter 145, Zoning.
§ 115-7. Permitted signs in Commercial and Business and Technology
Districts.[2]
The
following signs are permitted with a permit, provided that if ground-mounted,
the top must not be over twenty-five (25) feet above the ground and if
building-mounted, must be flush-mounted:
A.
Shopping malls.
(1)
Identification signs at vehicular
entranceways. There may be at most two
(2) such signs, at most one (1) at each entranceway. Each such sign may be at most sixty (60)
square feet in area.
(2)
Individual establishments located within a
shopping mall and which occupy at least fifteen thousand (15,000) square feet
of gross floor area are entitled to at most two (2) building-mounted
identification signs totaling at most fifty (50) square feet in area.
(3)
Individual establishments within a shopping mall
which face and have entranceways clearly visible from the exterior and which
occupy between five hundred (500) and fourteen thousand nine hundred and
ninety-nine (14,999) square feet of gross floor area are entitled to at most
one (1) building-mounted identification sign not to exceed twenty-five (25)
square feet in area.
(4)
Within a mall parking lot or in private driveways
leading to such parking lots, there is no limit to the number and directional
signs of one (1) square foot or less, provided that the signs must be at least
fifty (50) feet from a public road right-of-way or must not face such public
road.
Collections of such signs may
be placed on a building façade or may be freestanding. In any such collection, there can be no more
than one (1) sign per establishment.
B. Travel service businesses not located in a shopping mall. [Amended 4-8-1980 by L.L. No. 3-1980]
(1)
Motel (including restaurant), gasoline service station, service and
repair garage or used car sales outlet.
(a) Identification signs. There may be at most two (2) such signs on
the premises, one (1) of which may be freestanding. The freestanding sign may
not exceed fifty (50) square feet in area. The sum total of all signs must not
exceed one hundred (100) square feet in area.
(b) Additional
advertising signs, not to exceed two (2) in number, each not to exceed five (5)
square feet in area are permitted.
(c) Signs
mandated by the State of
(2) New car sales outlet (including used car sales outlet on
premises).
(a) Identification
signs. The sum total of all signs on the premises must not exceed one hundred
(100) square feet in area. One (1) freestanding sign is permitted, not to
exceed seventy-five (75) square feet in area.
(b) Additional
advertising signs, not to exceed two (2) in number, each not to exceed five (5)
square feet in area are permitted.
(c) Signs
mandated by the State of
C. Other
establishments (including stores not in a shopping mall). [Amended 4-8-1980 by L.L. No. 3-1980]
Identification signs.
There may be at most two (2) such signs, one (1) of which may be freestanding.
The freestanding sign for a single business must not exceed nine (9) square
feet in area. Only one (1) freestanding sign is permitted for multiple
businesses on one (1) parcel of land. The total sign area of all signs erected
on one (1) freestanding sign, in the case of multiple businesses, must not
exceed eighteen (18) square feet in area. The building-mounted sign, or signs,
must not exceed one (1) square foot for each two (2) linear feet of building
facade. The sum of the total sign area of all signs on the building must not
exceed fifty (50) square feet, regardless of the number of businesses operated
therein.
§ 115-8. Temporary signs.[3]
[Amended 4-5-1988 by L.L. No. 2-1988]
A.
All political or civic signs of a temporary
nature may be erected without a permit for a period not exceeding thirty (30)
days, provided that the consent of the property owner or occupant is obtained
and that such signs are not attached to fences, trees, utility poles or the
like and that such signs are not placed in such a position as may obstruct or
impair vision or traffic or in any manner create a nuisance, hazard or
disturbance to the health and welfare of the general public. All such signs
must identify the name and address of the sponsoring person or organization,
date of posting and the name of a person responsible for their removal at the
expiration of the thirty-day period.
B.
Window signs which are not permanently affixed to
the interior of a window and which are not self-illuminated may be erected
without a permit. Window signs must not
at any time cover more than thirty percent (30%) of the window area.
C.
Within a Commercial or Business and Technology
District, signs of a temporary nature announcing the opening or reopening of a
business may be erected with a permit for a period not to exceed fourteen (14)
days, provided that such sign does not exceed fifty (50) square feet in size,
such sign is entirely attached to the building and such sign is not placed in
such a position as may obstruct or impair vision or traffic or in any manner create
a nuisance, hazard or disturbance to the health and welfare of the general
public.[4]
D. One
(1) unlighted, one-sided sign of a temporary nature listing the architect,
engineer, developer, contractor, subcontractor, owner and/or other participants
in a primary construction project [adding greater than forty percent (40%) of
the current assessed value of the property exclusive of the land value] may be
placed on the premises where the construction is in progress in all zoning
districts except the low-density and medium-density residential districts, the
area of which sign must not exceed thirty-two (32) square feet. Such signs must
be removed immediately upon issuance of a certificate of compliance, whether
temporary or permanent, for the project or if construction is interrupted for
any period exceeding six (6) months, or, in any event, no later than one (1)
year from the date such sign was erected. The lettering used on such sign for
the name of the owner, tenant, franchisee or operator of the premises shall not
be more than double the size of the lettering used for any other name on such
sign, and in no event shall such sign include only the name, logo or trademark
of an owner, tenant, franchisee or operator. The setback restrictions of §
115-9 below shall apply to all such signs. [Added
5-3-1993 by L.L. No. 7-1993]
§ 115-9. Sign setbacks. [Amended 3-19-1991 by
L.L. No. 5-1991]
A.
No freestanding sign may be erected or maintained
in such a manner so as to project over or above any street, public highway or
waterway. Signs must be set back at least fifteen (15) feet from the existing
pavement edge of any public highway or street. Directional (entrance/exit)
signs may be closer than fifteen (15) feet with the approval of the Village
Engineer. Signs may not be erected or maintained within a public or private
right-of-way without the approval of the owner of such right-of-way and any
authority having jurisdiction over such right-of-way, if any.
B.
Side and rear yard setbacks of signs must be no
less than those required for structures or buildings in Chapter 145, Zoning,
for the district in which the property is located.
§ 115-10. Planned sign area. [Added 1-9-1978 by
L.L. No. 1-1978]
A. Intent. [Amended
9-6-1989 by L.L. No. 7-1989]
(1) The purpose of a planned sign area is to introduce a degree of
flexibility in the conventional regulation of signs in such a way as to
encourage improved visibility, readability, coordination of height, color,
shape, lighting and other sign design features which will lessen the
distracting demand for attention which confronts the public in areas in which
travel safety, pedestrian security, business identification and attractiveness
of the environment are important factors to the mental and physical well-being
of consumers and residents.
(2) This section recognizes that while size, lighting, location,
color, material and informational content are appropriate control functions for
the regulation of signs in the Village, these regulations cannot sensitively
handle all of the sign situations in a community as diverse as the Village.
Special areas, by virtue of certain aspects of their location, size, proximity
to other businesses or buildings, variety of services, density of development
or traffic conditions, provide the opportunity to enhance the visual appearance
which might otherwise be limited by strict adherence to the sign regulations
now or hereinafter adopted or amended. Such areas may at the same time provide
a planning opportunity to influence the economic prosperity of the Village by
providing an attractive environment for shopping and obtaining goods and
services.
(3) Therefore, where the planned sign area is deemed appropriate,
the conventional sign regulations set forth elsewhere in this chapter are
hereby replaced by an approval process by which an approved sign development
plan becomes the basis for an alternative means of sign regulation.
B. [Added 9-6-1989 by L.L. No. 7-1989]
Definitions. As used in this section, the following terms shall have the
meanings indicated:
Planned sign area -- A geographical unit in
which a coordinated design for visual communications, consisting of a sign
development plan, is approved. A planned sign area must be classified as:
(1) Shopping mall. For the purposes of this section, a
"shopping mall" is specifically defined as any group of three (3) or
more stores which share a common vehicular entrance or entranceways and common
off-street parking, and which contain a minimum of three (3) acres; and to
which may be added contiguous businesses.
(2) Business and technology park and research park. For the purposes
of this section, a "business and technology park" or "research
park" is specifically defined as an integral unit to be used for business,
technology, industry, research or office purposes, or a combination thereof,
which area is under the ownership and/or development control of a single
person, and which, unless lesser minimums are approved by the Planning Board,
contains a minimum of three (3) detached structures and five (5) acres of land;
and to which may be added contiguous businesses.
(3) Contiguous business. A "contiguous business" is any
business as defined in § 115-3 hereinabove or any business, technology,
industry, research or office facility which is contiguous to a shopping mall,
business and technology park, research park or to any other business or
facility which is included in a planned sign area.
Sign
development plan -- A collection of drawings and written
statements describing all pertinent details of signs and related features
included in a planned sign area.
C. Criteria.
In order to carry out the purpose of this section, a sign development plan for
a planned sign area must meet the following criteria:
(1) The plan must be coordinated to cover the entire area.
(2)
The plan must result in a more desirable
environment than would be possible through the strict application of other
sections of this chapter, including aspects of public safety, coordinated
identification and easy and pleasant communication to consumers, clients,
customers and other users of goods and services offered within the planned sign
area. [Added 9-6-1989 by L.L. No.
7-1989]
(3)
All signs in a planned sign area must conform to
the approved plan, or there must be included a time schedule for bringing them
into conformance.
(4) The plan may include other aspects of the area that contribute
to its visual impact, such as existing features of scenic, historical or
architectural interest and proposed changes in landscaping, building design or
other appropriate methods to enhance the effectiveness of the plan.
D. Preliminary
proposal.
(1) Any applicant wishing approval for a planned sign area must
submit his request to the Chairman of the Planning Board at least ten (10) days
prior to a regular meeting of such Board, a preliminary proposal which must
include:
(a) Sketches
necessary to illustrate typical sign designs, lighting and locations.
(b) A
written explanation of the character and purpose of the planned sign area and
an indication of the expected timetable for development.
(2) The Planning Board shall immediately forward an information copy
of the preliminary proposal to the Board of Trustees. The Planning Board may
engage whatever experts it deems advisable to aid in its decisions in
considering a planned sign area.
(3) The applicant or his duly authorized representative shall attend
the meeting of the Planning Board at which the preliminary proposal will be
reviewed. Such review must include consideration of the criteria (Subsection C)
and the general planning objectives for the area as determined by the Planning
Board.
(4) Within fifteen (15) days after such meeting, the Planning Board
must notify the applicant of the conditions and specifications under which the
preliminary proposal may be approved.
(5) Upon receipt of this notice, the applicant may proceed to
submission of the sign development plan, if he agrees to meet the conditions
specified by the Planning Board. The applicant has the option to submit a new
preliminary proposal if he cannot agree to meet the conditions specified by the
Planning Board.
E. Sign development
plan.
(1) The applicant must submit the sign development plan to the
Planning Board at least forty-eight (48) hours prior to the regularly scheduled
meeting at which it is to be reviewed. Such sign development plan must include:
(a) Drawings
showing all the elements of the final sign designs and sign locations.
(b) Written
statements, including any staging of construction being considered, a timetable
for beginning and completing construction of each stage, criteria for erection
or change of any sign after formation of the planned sign area, criteria for
future additions to the planned sign area, if any, provisions for
administration and agreement to provide any performance guaranty which may be
required by the Board of Trustees.
(2) Within seven (7) days after such meeting, the Planning Board
must submit to the Board of Trustees a written recommendation concerning the
sign development plan approval.
(3) The Board of Trustees must at its next regularly scheduled
meeting, after receipt of the Planning Board's recommendation, schedule a
public hearing to be held within fifteen (15) days of such meeting.
(4) Within ten (10) days after the public hearing, the Board of
Trustees must approve or disapprove the sign development plan.
(5) If the sign development plan is approved, the Board of Trustees
must authorize the Zoning Officer to issue a special sign permit, to be issued
on receipt of any proof of performance guaranty which the Board may require,
and for a time specified and determined by the Board of Trustees for completion
of the planned sign area.
F. Standards
of administration in a planned sign area. The Zoning Officer can approve new or
changed signs that clearly conform to the plan. The Zoning Officer must consult
the Planning Board on any new or changed signs if a judgment is required as to
whether they conform to the plan. Any amendments to the plan must be approved
by the Board of Trustees. A public hearing is required for a major amendment.
G. [Added 9-6-1989 by L.L. No. 7-1989]
Withdrawal from a planned sign area. It is recognized that changes in
ownership, tenancy or type of activity may make withdrawal from a planned sign area
desirable. Upon proper application to the Zoning Officer, such withdrawal is
permitted under the following circumstances and subject to the following
conditions:
(1) Shopping mall. Withdrawal is permitted for the entire mall.
Individual businesses may not withdraw.
(2) Business and technology park or research park. Withdrawal is
permitted for the entire park. Individual lots, structures or facilities may
not withdraw.
(3) Contiguous business. Withdrawal is permitted with change in
ownership.
(4) Notwithstanding any other provision contained in this chapter to
the contrary, including the terms and provisions of § 115-11 hereinbelow, any
signs in a planned sign area or any part thereof which are withdrawn must be
brought into conformance with all applicable terms, provisions and conditions
of this chapter within one (1) year from the date of withdrawal.
H. Waiver
of time requirements. Any of the time requirements specified in Subsections D
and E may be waived by the Planning Board or the Board of Trustees, as the case
may be, with the agreement of the applicant.[5]
§ 115-11. Nonconforming signs. [Added 1-9-1978 by
L.L. No. 1-1978]
A. Purpose.
The purpose of this section is to bring all signs through a transition period
into adherence to uniform standards and controls. This nonconforming section
provides the proper mechanism to ensure equal treatment under this chapter to
all applicants.
B. [Amended 3-13-1980 by L.L. No. 2-1980;
4-8-1980 by L.L. No. 3-1980] A sign which was lawful at the time of original
erection and which does not conform with the provisions and standards of this
chapter, including any amendments hereto, must be brought into conformity, be
removed or receive a variance within whichever of the following periods is
longest:
(1) Within ten (10) years from the date the sign was originally
erected.
(2) Within whatever number of years from the date of original erection the owner determined to be the depreciable life of the sign for purposes of federal income taxes. Such choice of depreciable life must have been made six (6) months prior to the effective date of the provision or standard under which the sign is nonconforming, and such choice must be verified by a certified statement.
(3) Within three (3) years from the effective date of the provision
or standard under which the sign is nonconforming.
C. In
the event that the time of original erection cannot be established, the date
must be considered to be July 9, 1971. [Added
4-8-1980 by L.L. No. 3-1980]
D. This
section applies to signs which were erected pursuant to a variance issued prior
to the effective date of this section. [Amended
4-8-1980 by L.L. No. 3-1980]
E. Notice. [Amended 4-8-1980 by L.L. No. 3-1980]
(1) The Zoning Officer, upon determining that any such nonconforming
sign exists at the end of the applicable period, must notify the owner of the
premises in writing, served personally or by registered or certified mail
(return receipt requested) to remove said sign within ninety (90) days from the
date of such notice.