Village of Pleasantville, NY Signs and Outdoor Display Structures

BOARD OF ARCHITECTURAL REVIEW

Editor's Note: This local law also repealed former Ch. 148, Signs and Outdoor Display Structures, adopted 5-27-1997 by L.L. No. 8-1997.

§ 148-1 Short title.

This chapter shall be known and may be cited as the "Sign Law of the Village of Pleasantville, New York."

§ 148-2 Statement of intent and purpose.

[Amended 12-8-2003 by L.L. No. 11-2003]

The purpose of this chapter is to promote and protect the public health, safety and welfare by regulating signs of all types throughout the Village. It is intended to improve pedestrian and vehicular traffic safety by eliminating visual distractions and physical obstructions that may contribute to traffic accidents and by eliminating hazards that may be caused by signs hanging or projecting over, or being placed upon, public rights-of-way. It is further intended to encourage the effective use of signs as a means of communication in the Village; to protect property values by maintaining and enhancing the aesthetic environment of the community and the Village's ability to attract and retain sources of economic development; to create more functional business districts; to minimize the possible adverse effect of signs on nearby public and private property; to protect the natural environment; and to enable the fair and consistent enforcement of these sign regulations. The control of siting, size and placement of signs will promote and enhance these goals. Furthermore, bans of certain sign types are necessary to promote and enhance these goals. The Village believes these goals can be achieved through the regulations contained in this chapter by balancing the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs. The use of neon signs, while of limited aesthetic value, is helpful to assist businesses in providing identification of a business or profession to alert customers that a business or profession is open during nonlight hours when it might be difficult to view if a business is so open. Limitations have been placed on neon signs to limit any adverse impact and to further the goals set forth in these finds. Finally, it is the goal of the Village to preserve the right of free speech exercised through the use of signs containing noncommercial messages. This chapter is adopted pursuant to the zoning authority of the Village in furtherance of the more general purposes set forth in Chapter 185, Zoning, of the Village Code.

§ 148-3 Applicability.

Except as otherwise provided in this chapter, no sign shall be erected, installed, displayed, used, maintained, altered, reconstructed, replaced, moved or relocated within the Village except in conformity with and as expressly authorized by the provisions of this chapter.

§ 148-4 Definitions.

Generally. Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in Chapter 185, Zoning, of the Village Code shall be given the meanings set forth therein. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Except where the context otherwise requires, all words used in the present tense shall include the future tense; words in the singular shall include the plural number and vice versa; the word "shall" is mandatory and not discretionary. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this chapter.

Specific terms. As used in this chapter, unless the context or subject matter otherwise requires, the following words and phrases shall have the meaning respectively ascribed to them as follows:

ALTERATION

Any change to a sign, including reduction or enlargement of its size, change to its mounting height, modification of its structural characteristics or illumination, or change to some or all of its lettering, symbols, coloring or other design features. For the purposes of this chapter and except as indicated above, the term "alteration" shall not include repairs for the purpose of sign maintenance as set forth in § 148-10C of this chapter.

ANIMATED SIGN

Any sign that uses movement or change of lighting to depict action or create a special effect or scene. For the purposes of this chapter, a sign on which the only information that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not an animated sign; a barber pole with a rotating core shall also not be considered an animated sign.

APPLICANT

Any person requesting a sign permit from the Village of Pleasantville or a person to whom a sign permit has been issued.

AWNING

Any permanent roof-like covering of canvas, duck or other material attached to a metal or other frame and supported entirely from a building or other structure, whether collapsible or not collapsible.

BANNER

Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. For the purposes of this chapter, the term "banner" shall not include the term "flag."

BARBER POLE

Any cylindrical, rectangular or polygonal upright column attached to a building, either with or without a rotating core, customarily used for advertising a barbershop business.

BEACON

Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source, whether such beams move, rotate, flash or are stationary. For the purposes of this chapter, the term "beacon" shall not include any kind of lighting device that is required or necessary under the safety regulations of the Federal Aviation Administration or similar agencies.

The Board of Architectural Review of the Village of Pleasantville.

BOARD OF TRUSTEES

The Board of Trustees of the Village of Pleasantville.

BUILDING INSPECTOR

The Building Inspector of the Village of Pleasantville.

BUILDING MARKER

Any sign attached to a building indicating the name of a building and the date and incidental information about its construction and history, which sign is cut or etched into masonry, bronze or similar permanent material.

BUILDING SIGN

Any sign attached to any part of a building, as contrasted with a freestanding sign.

CANOPY

Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather. For the purposes of this chapter, the term "canopy" shall not include the term "marquee."

CANOPY SIGN

Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area, whether the information displayed is located in the plane parallel to the building to which such canopy is attached or is located in the plane(s) perpendicular to the building to which such canopy is attached, or both. For the purposes of this chapter, the term "canopy sign" shall not include the terms "marquee sign" or "suspended sign" and shall include only those signs that are attached to the vertical face of a canopy, whether such face is parallel or perpendicular to the building to which such canopy is attached.

CONTRACTOR'S IDENTIFICATION SIGN

Any sign that identifies a property on which construction activity is taking place during the course of construction and which may include information on the project, owner, developer, architect, engineer, contractor and subcontractors and funding sources, among other related information.

DIRECTIONAL SIGN

Any sign identifying information for the purpose of facilitating vehicular and pedestrian circulation on the property on which it is located, and which contains no commercial message of any sort.

EXTERNAL ILLUMINATION

Any artificial means of illumination that is intended to be directed at a sign from a source outside the sign.

FLAG

Any fabric containing distinctive colors, patterns, insignia or other information of a noncommercial nature that is used as a symbol of a government, political subdivision or other entity. For the purposes of this chapter, a "flag" shall include but not be limited to flags of the United States; New York State; the Village of Pleasantville; any charitable, civic, educational, fraternal, patriotic, philanthropic, political, professional, religious or similar organization or institution; and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction.

FREESTANDING SIGN

Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

GROUND SIGN

Any freestanding sign that has a base, the entire bottom of which is in contact with or not higher than six inches above the ground. For the purposes of this chapter, a ground sign shall not include the term "pole sign" or a cemetery headstone.

ILLUMINATED SIGN

Any sign that is illuminated by an artificial source.

INTEGRAL ROOF SIGN

Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches. For purposes of this chapter, the term "integral roof sign" shall include a sign installed on a mansard roof, provided that such installation complies with the preceding conditions.

INTERIM SIGN

Any sign that is used in connection with a circumstance, situation or event that either is designed, intended or expected to take place or to be completed within a reasonably short period of time after the erection of such sign, including but not limited to new business openings, and is intended to remain on the location where it is erected or placed for a period of time not to exceed 45 days. An interim sign may be a building sign or a freestanding sign. For the purposes of this chapter, the term "interim sign" shall not include the terms "temporary sign" or "window sign."

INTERNAL ILLUMINATION

Any artificial means of illumination that is contained within a sign.

LOT

Any parcel of land, considered as a unit, capable of being devoted to a certain use or occupied by a building or group of buildings that are related by a common interest or use.

MARQUEE

Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building at the entrance to a building used for theater or other similar entertainment venue purposes. If such a structure is attached to the building at any other location or is attached to a building used for any other purposes, it shall be considered a canopy for the purposes of this chapter.

MARQUEE SIGN

Any sign attached to, in any manner, or made a part of a marquee, whether the information displayed is located in the plane parallel to the building to which such marquee is attached or is located in the plane(s) perpendicular to the building to which such marquee is attached, or both. For the purposes of this chapter, the term "marquee sign" shall not include the term "suspended sign" and shall include only signs that are attached to the vertical face of a marquee, whether such face is parallel or perpendicular to the building to which such marquee is attached.

NONCONFORMING SIGN

Any sign that does not conform to the provisions of this chapter, but which was legally in existence prior to the effective date of this chapter.

NONRESIDENTIAL DEVELOPMENT IDENTIFICATION SIGN

Any sign that identifies the name of a nonresidential use permitted as a principal use or by special permit in a residential district in accordance with the provisions of Chapter 185, Zoning, of the Village Code and/or the name of any legally nonconforming use. For the purposes of this chapter, the term "nonresidential development identification sign" shall not include the terms "building marker," "canopy sign," "marquee sign" or any sign prohibited in accordance with the provisions of § 148-7 of this chapter.

NONRESIDENTIAL DISTRICT

For the purposes of this chapter, the zoning district identified as "C-O" as well as any zoning district identified in Article IV, Business and Manufacturing Districts, in Chapter 185, Zoning, of the Village Code and shall also include permitted nonresidential principal uses in the zoning districts identified as "R-PO" and "RO-2" in Chapter 185, Zoning, of the Village Code.

PENNANT

Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.

PERSON

Any individual, association, company, corporation, firm, organization, partnership or legal entity of any kind.

PLANNING COMMISSION

The Planning Commission of the Village of Pleasantville.

POLE SIGN

Any freestanding sign, other than a directional sign, that is supported by one or more poles with no guy wires or bracing.

PORTABLE SIGN

Any sign not permanently attached to the ground or other permanent structure, or any sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; parked vehicles used as signs; signs converted to A- or T-frames; signs propped up against a building or structure; balloons used as signs; and umbrellas used for advertising. For the purposes of this chapter, a "portable sign" shall not include real estate signs, window signs, bumper stickers attached to passenger vehicles, "for sale" signs attached to passenger vehicles, signs carried by individuals, or any signs permanently attached to or painted on vehicles parked and visible from the public right-of-way where such vehicle is used in the normal day-to-day operations of the business it serves and not primarily for static advertising purposes.

PRINCIPAL BUILDING

The building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages and other clearly accessory uses shall not be considered principal buildings.

PROJECTING SIGN

Any sign attached to a building or wall with brackets in such a manner that its leading edge extends more than eight inches beyond the surface of such building or wall, and provided that the sign face is constructed of wood. For the purposes of this chapter, the term "projecting sign" shall not include the terms "canopy sign" or "marquee sign."

REAL ESTATE SIGN

Any sign that advertises the sale, rent or lease of the real estate upon which such sign is located, together with information identifying the owner or agent.

RESIDENTIAL DEVELOPMENT IDENTIFICATION SIGN

Any sign that identifies the name of a subdivision of 10 or more lots or a multiple dwelling development of 10 or more dwelling units. For the purposes of this chapter, the term "residential development identification sign" shall not include the terms "building marker," "canopy sign," "marquee sign" or any sign prohibited in accordance with the provisions of § 148-7 of this chapter.

RESIDENTIAL DISTRICT

For the purposes of this chapter, any zoning district identified in Article II, Residence Districts, as well as the zoning district identified as "PUD" in Chapter 185, Zoning, of the Village Code and shall also include permitted residential principal uses in the zoning districts identified as "R-PO" and "RO-2" in Chapter 185, Zoning, of the Village Code.

RESIDENTIAL SIGN

Any sign located on a lot used for residential purposes that contains no commercial message except advertising for goods or services legally offered on the premises where such sign is located, if offering such goods and services at such location conforms with all applicable requirements of Chapter 185, Zoning, of the Village Code. For the purposes of this chapter, a "residential sign" shall not include the terms "residential development identification sign," "nonresidential development identification sign," "building marker," "canopy sign," "marquee sign" or any sign prohibited in accordance with the provisions of § 148-7 of this chapter.

ROOF SIGN

Any sign erected and constructed wholly on or over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

SETBACK

The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line.

SIGN

Any structure, device, fixture or placard that uses any color, form, illumination, representation, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

SIGN PERMIT

The form of written approval issued by the Building Inspector, authorizing the erection, installation, display, use, alteration, reconstruction, replacement, movement or relocation of a sign in accordance with the provisions of this chapter.

SUSPENDED SIGN

Any sign affixed to the exterior of a building or structure that is hung from the underside of a horizontal plane surface and is supported by such surface.

TEMPORARY SIGN

Any sign that is affixed to the interior of the glass panes of a window or door, or any sign that is located within four feet of the inside face of such glass panes so as to be visible from the exterior of the building, and which covers not more than 25% of the total aggregate area of all windows or doors upon which one or more such signs are affixed or displayed, or not more than the maximum aggregate sign area specified in Schedule I, Note 1, and Schedule II, Note 1, of this chapter,[1] whichever is less, and which sign is used in connection with a circumstance, situation or event other than new business openings that either is designed, intended or expected to take place or to be completed within a reasonably short period of time after the erection of such sign and is intended to remain on the location where it is erected or placed for a period of time not to exceed 30 days. For the purposes of this chapter, the term "temporary sign" shall not include the terms "interim sign" or "window sign."

VILLAGE

The Village of Pleasantville, New York.

VILLAGE CODE

The Village of Pleasantville Municipal Code.

WALL SIGN

Any sign attached parallel to and within eight inches of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of, any building or structure which is supported by such wall, and which displays only one sign surface.

WINDOW SIGN

Any sign that is affixed to or painted on the interior of the glass panes of a window or a door, or any sign that is located within four feet of the inside face of such glass panes so as to be visible from the exterior of the building, and which covers not more than 25% of the total aggregate area of all windows or doors upon which, or in which one or more such signs are affixed, displayed or painted, or not more than the maximum aggregate sign area specified in Schedule I, Note 1 and Schedule II, Note 1, of this chapter,[2] whichever is less. As used in this chapter, the term "window sign" shall not include the terms "interim sign" or "temporary sign."

Editor's Note: Schedules I and II are included at the end of this chapter.

[2]

Editor's Note: Schedules I and II are included at the end of this chapter.

§ 148-5 Computation of sign area and height.

The following principles shall control the computation of sign area and sign height:

Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, symbol or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, including the sign box but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets the requirements of Chapter 185, Zoning, of the Village Code and is clearly incidental to the display itself.

Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 24 inches apart, the sign area shall be computed by the measurement of one of the faces. When two or more sign faces are displayed on a canopy sign or a marquee sign, the sign area of such sign shall be computed by adding together the measurement of the sign area that is located in the plane parallel to the building to which such canopy or marquee is attached plus the measurement of one sign area that is located in the plane perpendicular to the building to which such canopy or marquee is attached.

Computation of height.

The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. For purposes of this chapter, normal grade shall be the lower of one of the following:

The existing grade prior to construction; or

The newly established grade after construction, exclusive of any filling, berming, mounding or excavating undertaken solely for the purpose of locating the sign.

In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the lower of the following:

The elevation of the nearest point of the crown of the street adjacent to the lot on which the sign is located; or

The grade of the land at the principal entrance to the principal building on the lot on which the sign is located.

Computation of maximum aggregate sign area permitted for each establishment, tenancy or unit of occupancy on a lot. The permitted sum of the area of all individual signs accessory to an individual establishment, tenancy or unit of occupancy on a lot shall be as set forth in Schedule I, Note 1, and Schedule II, Note 2, of this chapter.[1]

Editor's Note: Schedules I and II are included at the end of this chapter.

§ 148-6 Exempt signs.

In the interest of promoting the public health, safety and general welfare, the following signs shall be exempt from regulation under this chapter, provided that they comply with the standards specified below:

Any public notice or warning required by a valid and applicable federal, state, Village or school district law, regulation or ordinance.

Public signs erected by or on behalf of a governmental body.

Informational signs of a public utility regarding its poles, lines, pipes or facilities.

Signs erected by or on behalf of a public transit company to identify the location of bus stops and train stations as well as related route and schedule information.

Any sign inside a building, not attached to a window or door or not located within four feet of a window or door.

Holiday lights and decorations when displayed behind the lot line on private property.

Not more than two property identification signs containing street address information only, not exceeding one square foot in area for each sign, displaying lettering or numerals not exceeding six inches in height or width and displayed behind the lot line in a location clearly visible to a passing driver as deemed appropriate by the Village of Pleasantville Police Department.

Not more than one real estate sign for each street frontage identifying the proposed sale, lease or rental of property on which it is located, not exceeding five square feet in area for each sign, containing no illumination and located behind the lot line of such property so as to not interfere with the vision of a driver entering or leaving the property on which it is located or interfere with visibility at an intersection or traffic light. Such sign shall be removed within 72 hours after the transfer of title to such property or the execution of a lease or rental agreement for such property occurs.

One contractor's identification sign identifying the property on which such contractor is working for each such contractor, not exceeding five square feet in area for each such sign and 15 square feet in maximum aggregate sign area for all such signs on the property on which they are located, containing no illumination, located behind the lot line of such property so as to not interfere with the vision of a driver entering or leaving the property on which they are located or interfere with visibility at an intersection or traffic light.

Flags, not exceeding 25 square feet in maximum aggregate sign area for all such flags on the property on which they are located, containing no illumination and located behind the lot line of such property so as to not interfere with the vision of a driver entering or leaving the property on which they are located or interfere with visibility at an intersection or traffic light

Signs devoted to prohibiting trespass, hunting or fishing when no larger than one square foot in area and located on private property.

§ 148-7 Prohibited signs.

All signs not expressly permitted under this chapter, or exempt from regulation in accordance with § 148-6 of this chapter, are prohibited. Such signs shall include, but are not limited to, the following:

Pennants.

Portable signs.

Roof signs.

Suspended signs when attached to an awning or marquee, whether or not such awning or marquee is hanging or projecting over a public right-of-way.

Animated signs.

Beacons.

Strings of lights not permanently mounted to a rigid background, except those exempt in accordance with § 148-6 herein.

Signs hanging or projecting over, or placed upon, public rights-of-way, except as specifically authorized by the Board of Trustees in accordance with the provisions of Chapter 98, Fire Prevention and Building Construction, of the Village Code.

Signs affixed or attached to trees or rocks, public utility poles or Village signage/directional poles.[1]

Editor's Note: Former Subsection J, concerning neon signs, was deleted 12-8-2003 by L.L. No. 11-2003.

§ 148-8 Signs permitted.

Signs shall be permitted on private property within the Village of Pleasantville in accordance with the following provisions:

Signs permitted in residential districts shall be as set forth in Schedule I of this chapter.[1]

Editor's Note: Schedule I is included at the end of this chapter.

Signs permitted in nonresidential districts shall be as set forth in Schedule II of this chapter.[2]

[2]

Editor's Note: Schedule II is included at the end of this chapter.

§ 148-9 Coordinated signage plans.

Comprehensive signage plan. For any site on which a building with multiple nonresidential tenancies or units of occupancy is proposed to be constructed or established, or on which multiple nonresidential buildings are proposed to be constructed or established, unless such property is included in an area signage plan as described in § 148-9B herein, the approval of a comprehensive signage plan for such site by the Board of Architectural Review shall be required prior to the issuance of a sign permit for any single sign on such site. Such plan shall reflect consideration of design criteria relating to sign location, size, proportions, scale, materials, texture, color, lettering and illumination that are intended to result in a harmonious treatment for all signs on such site.

Area signage plan. The Board of Architectural Review may, if directed by the Board of Trustees, propose a general or specific signage plan for a particular area of the Village composed of multiple properties where sign permit approval may be required in the future, using as a guide the requirements of this chapter. Such area signage plan may establish guidelines applicable to the design and location of signs, including but not limited to standards concerning proportions, scale, color, materials, texture, style, type, placement and illumination. If determined to be appropriate, such area signage plan may become the basis for the establishment of an overlay zoning district encompassing the properties to be subject to compliance with such guidelines. Until such time that an overlay zoning district is established by action of the Board of Trustees in accordance with the provisions of Chapter 185, Zoning, of the Village Code, the guidelines set forth in such area signage plan shall remain advisory.

§ 148-10 Location; illumination; design; construction; maintenance; removal.

Location.

No sign shall hang or project over, or be placed upon, a public right-of-way, except as authorized in Chapter 98, Fire Prevention and Building Construction, of the Village Code.

All signs on private property shall be located so as to not interfere with the vision of a driver entering or leaving the property on which they are located or interfere with visibility at an intersection or traffic light.

No sign shall be located on any exterior building wall so as to project above the top of such wall at the location of the sign or project beyond the ends of the wall to which it is attached.

Except as permitted for temporary signs and window signs, no sign shall cover, wholly or partially, any glass surface of any building window or door.

Illumination.

Illumination of any sign from any intended external light source shall be steady and shall not be directed at the sign so that the reflection of glare from the sign may be detected from any point beyond the property line of the lot on which the sign is located.

Interior illumination of a sign box displayed inside a window shall be prohibited. Where illumination of any other type of sign is permitted, interior illumination shall not be permitted unless such illumination is confined to letters and graphics, or unless the color of the sign background is darker than the color of the sign information.

Illumination of any sign shall not obscure the view of official traffic control signs and signals.

Design, construction and maintenance.

All signs shall at all times comply with applicable provisions of the New York State Uniform Fire Prevention and Building Code and, if proposed to be illuminated, with Article VI, Assistance of New York Board of Fire Underwriters, of Chapter 98, Fire Prevention and Building Construction, of the Village Code.

Except for banners, flags, interim signs and temporary signs conforming in all respects with the provisions of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.

All signs shall be maintained in good structural condition and free from all hazards, in compliance with all applicable building and electrical codes and in conformance with all applicable provisions of this chapter.

All signs shall be maintained at all times in a safe, clean and attractive condition so as not to be detrimental to the public health, safety and welfare.

(5)

Signs may be repaired by repainting, identical replacement of lettering and symbols, reinforcement of the structural supports or replacement of electrical wiring. Such repair shall not be considered an alteration within the meaning of this chapter, provided that the outside dimensions of the sign are not changed, the location, height and illumination of the sign are not changed, and no change in lettering, symbols, coloring or other design features, except as otherwise permitted for window signs, is made.

Removal of signs. Any sign that concerns an activity no longer in existence on the property on which such sign is located shall be removed in its entirety by the property owner, or his designated agent, within 30 days after the activity is discontinued.

§ 148-10.1 Neon signs.

[Added 12-8-2003 by L.L. No. 11-2003])

Neon signs are to be permitted only in the following conditions:

The commercial content of neon signs shall be limited to the name of the business or profession conducted and lawfully existing upon the premises where such sign is located or an iconic represention of the nature of the business or profession conducted and lawfully existing upon the premises where such sign is located or the word "open." There shall be no advertising, either in words or in pictures, of products or goods either sold or offered on the premises or off the premises.

Noncommercial content will be permitted on all neon signs.

Illumination of neon signs shall be permitted only during the hours of operation of the business or profession conducted on the premises where the neon sign is located.

§ 148-11 Permit required.

It shall be unlawful for any person to erect, install, display, use, maintain, alter, reconstruct, replace, move or relocate any sign for which a sign permit is required in accordance with the provisions of § 148-8 of this chapter without having first obtained and paid for, and having in force and effect, a sign permit therefor in accordance with the provisions of § 148-13 of this chapter.

No sign permit shall be issued for any existing or proposed sign, unless such sign is in conformance with the requirements of this chapter.

§ 148-12 Approving authority; variances.

[Amended 8-27-2018 by L.L. No. 5-2018]

The Board of Architectural Review shall be the approving authority for comprehensive signage plans and for all applications for a sign permit, except as specifically set forth in § 148-12B and C herein.

The Building Inspector shall be the approving authority for any application for a sign permit for a sign depicted on a comprehensive signage plan previously approved by the Board of Architectural Review in accordance with the provisions of § 148-13E of this chapter, and for any application for a sign permit for an interim sign, including but not limited to freestanding interim signs, in accordance with the provisions of § 148-13F of this chapter.

In all cases where a freestanding sign other than a freestanding interim sign is proposed, the Planning Commission shall maintain site plan approval jurisdiction over the location and height of the proposed freestanding sign in terms of its impact on traffic circulation and sight lines, as further set forth in § 148-13G(2) of this chapter. Notwithstanding that requirement, nothing herein shall be construed as limiting the authority of the Board of Architectural Review's approval jurisdiction over any specific application for sign permit. Once a sign permit has been approved for a freestanding sign other than a freestanding interim sign, no further involvement of the Planning Commission shall be required for any alteration to such sign, except for changes in sign location and height.

Variances.

Where the application of the provisions of this chapter may result in the signs hereby permitted being economically inadequate or aesthetically undesirable or where there are practical difficulties or unnecessary hardships due to the provisions of this chapter and where the public safety and the general welfare of the Village may be secured without requiring strict compliance with such provisions, the Architectural Review Board may, upon written application, vary or modify the application of any such provision of this chapter.

The applicant for a sign variance shall demonstrate that there are special circumstances or conditions specific to the property and the sign related thereto that warrant the variance. The Board of Architectural Review, in granting a variance, shall grant the minimum variance necessary so that the sign will be in harmony with the surrounding buildings and signage and will not be injurious to the neighborhood or the Village. In granting any variance, the Board of Architectural Review shall prescribe any appropriate safeguards and conditions applying thereto that it may deem to be necessary or desirable in the public interest, and such determination shall be recorded on the sign permit.

§ 148-13 Application for approval of comprehensive signage plan or sign permit; review and decision.

Any person desiring to secure approval of a comprehensive signage plan or approval of a sign permit shall file with the Building Inspector an application for a sign permit on forms furnished by the Village, accompanied by the information set forth in § 148-13B, C or D herein, including but not limited to an application fee as set forth in § 148-14 of this chapter. If approval is sought for a freestanding sign, submission of an application for site plan approval by the Planning Commission shall be simultaneously required, in accordance with the procedures set forth in Chapter 185, Zoning, of the Village Code.

An application for approval of a comprehensive signage plan shall be accompanied by the items of information set forth in § 148-13D herein that are deemed appropriate, in the particular circumstances, by the Building Inspector.

An application for sign permit for an interim sign shall be accompanied by the items of information set forth in § 148-13D herein that are deemed appropriate, in the particular circumstances, by the Building Inspector.

An application for sign permit for all other signs, other than interim signs except as shall be determined by the Building Inspector in accordance with § 148-13C herein, shall be accompanied by the following information:

An accurate plot plan of the entire lot on which any freestanding sign is proposed to be located, at such scale as the Building Inspector may reasonably require, identifying the location of all buildings, parking areas, vehicular and pedestrian circulation areas, and landscaped areas on such lot as deemed appropriate by the Building Inspector; the setback from the freestanding sign to the lot line of the property; the name of the application or other identifying title; the name, address and telephone number of the architect, engineer or other qualified person who prepared the plan; North arrow, written and graphic scales, and the date of the original plan and all revisions, with notations identifying the revisions.

Sign plan, at such scale as the Building Inspector may reasonably require, showing the location of all existing and proposed signs, including the specific location of the particular unit of occupancy within a building to which any building sign applies. All signs should be identified whether or not a sign permit is required for a particular sign type.

Whether existing signs are to remain or be removed.

Computation of the maximum aggregate sign area, the maximum area for individual signs, the height of the signs and the number of signs permitted in accordance with the provisions of this chapter for the particular unit of occupancy on the lot in accordance with the provisions of this chapter.

(5)

Computation of the maximum aggregate sign area, the maximum area for individual signs, the height of the signs and the number of signs proposed for the particular unit of occupancy on the lot, including any existing signs to remain.

(6)

Elevations, at such scale as the Building Inspector may reasonably require, artist's renderings and specifications for proposed signs and any existing sign which has not received a sign permit, indicating the following as deemed appropriate by the Building Inspector:

Type of sign.

Its vertical, horizontal and depth dimensions.

(c)

Its projection above and from the building to which it is attached, if applicable.

(d)

Its height above ground, if applicable.

(e)

The vertical clearance below the sign.

(f)

The total exterior wall length for any sign proposed to be attached flush to the wall of a building, if applicable.

(g)

Lettering and symbols.

(h)

Colors, texture and materials.

(i)

Details of illumination, if applicable.

(7)

Specifications for existing signs to remain, indicating the type of sign, its sign area and location.

(8)

Photographs of the lot and building on which existing and proposed signs are located.

(9)

Application fee as set forth in § 148-14 of this chapter.

For an application for approval of a comprehensive signage plan, the following procedure shall be followed:

[Amended 9-29-2020 by L.L. No. 3-2020]

Within 15 days following receipt of the application for approval of a comprehensive signage plan, the Building Inspector shall determine whether the application is complete and contains sufficient information upon which to determine compliance with the provisions of this chapter. If the Building Inspector determines that the application is complete, it shall be processed in accordance with the provisions of § 148-13E(2) herein. If the Building Inspector determines that the application is not complete, he shall, within such fifteen-day period, send to the applicant written notice of the specific ways in which the application is deficient, with appropriate reference to the applicable sections of this chapter.

Within five days following receipt of a complete application for approval of a comprehensive signage plan prepared in accordance with the provisions of § 148-9A of this chapter, the Building Inspector shall refer such application to the Board of Architectural Review. Said Board shall hear such application at the next regularly scheduled meeting of the Board following such referral. Said Board shall, within 62 days following the date of such referral by the Building Inspector or concurrently with the action of the Planning Commission on any required application for site plan approval, whichever is later, take action to approve, conditionally approve, or deny said application for approval of a comprehensive signage plan. In reviewing such application, the Board of Architectural Review shall be specifically guided by the following standards:

Any comprehensive signage plan reviewed under the provisions of this subsection shall be designed in such a way as to result in the harmonious treatment of all signs on the lot and shall reflect consideration of the design criteria set forth in § 148-9A of this chapter.

To achieve a harmonious treatment, signs shall be designed to be visually compatible with the building(s) and environment in which they are located and with each other. On a single building containing multiple tenancies or on a single site containing multiple buildings, all signs shall be consistent in materials, color, lettering and illumination. All signs of the same type shall also be consistent in location, size, proportions and scale.

(c)

The Board of Architectural Review shall deny any application for approval of a comprehensive signage plan that does not comply with the criteria set forth in § 148-13E(2)(a) or E(2)(b) herein.

Following action on the application for approval of a comprehensive signage plan in accordance with the provisions of § 148-13E(2) herein, the Building Inspector shall, within five days following such action, notify the applicant in writing of the decision of the Board of Architectural Review. Within five days after all conditions of comprehensive signage plan approval have been met by the applicant, the Building Inspector shall issue sign permits for any individual signs depicted on such comprehensive signage plan. Issuance of a sign permit shall be conditioned upon continuing compliance with all applicable provisions of this chapter.

For an application for sign permit for an interim sign, the following procedure shall be followed:

Within three days following receipt of an application for sign permit for an interim sign, the Building Inspector shall determine whether the application is complete and contains sufficient information upon which to determine compliance with the provisions of this chapter. If the Building Inspector determines that the application is complete, it shall be processed in accordance with the provisions of § 148-13F(2) herein. If the Building Inspector determines that the application is not complete, he shall, within such three-day period, send to the applicant written notice of the specific ways in which the application is deficient, with appropriate reference to the applicable section of this chapter.

Within seven days following receipt of a complete application for sign permit for an interim sign, the Building Inspector shall take action to approve, conditionally approve, or deny the sign permit in accordance with the provisions of this chapter. In reviewing such application, the Building Inspector shall be specifically guided by the definition of "interim sign" in § 148-4B and the provisions of §§ 148-8B, 148-10A and 148-10C of this chapter. An application for approval of a freestanding interim sign shall not be approved unless the Building Inspector shall further find that the location and height of any such sign will not interfere with pedestrian traffic, with the vision of a driver entering or leaving the property on which it is located or with visibility at an intersection or traffic light.

Following action on the application for sign permit for an interim sign in accordance with the provisions of § 148-13F(2) herein, the Building Inspector shall within three days following such action notify the applicant in writing of the decision. Within two days after all conditions of sign permit approval have been met by the applicant, the Building Inspector shall issue the sign permit for the interim sign. Issuance of a sign permit shall be conditioned upon continuing compliance with all applicable provisions of this chapter.

A sign permit for an interim sign shall be valid for a period of 45 days and shall automatically expire at the conclusion of said forty-five-day period. If a complete application for sign permit for a permanent sign has been submitted by the applicant prior to the expiration of such forty-five-day period, the Building Inspector may grant one forty-five-day extension to such initial forty-five-day period, provided that such interim sign remains in compliance with all applicable provisions of this chapter and an application for such extension is submitted at least five days before the expiration of the sign permit for said interim sign. In the exercise of his reasonable discretion, and upon consultation with the Board of Architectural Review, the Building Inspector may grant additional extensions to such sign permit for an interim sign, provided that the applicant is diligently prosecuting approval of an application for sign permit for a permanent sign.

For an application for sign permit for all other signs, other than interim signs, the following procedure shall be followed:

[Amended 9-29-2020 by L.L. No. 3-2020]

Within 15 days following receipt of the application for sign permit, the Building Inspector shall determine whether the application is complete and contains sufficient information upon which to determine compliance with the provisions of this chapter. If the Building Inspector determines that the application is complete, it shall be processed in accordance with the provisions of § 148-13G(2), (3) or (4) herein. If the Building Inspector determines that the application is not complete, he shall, within such fifteen-day period, send to the applicant written notice of the specific ways in which the application is deficient, with appropriate reference to the applicable sections of this chapter.

Within five days following receipt of a complete application for a sign permit for the initial installation of a new or relocated freestanding sign other than a freestanding interim sign, the Building Inspector shall refer such application to the Planning Commission for review as to acceptability of the location and height of such sign and approval of a site plan showing such freestanding sign. The Planning Commission shall take action to approve, conditionally approve, or deny the site plan showing such freestanding sign in accordance with the provisions of § 185-50 of the Village Code prior to issuance of a sign permit by the Building Inspector. The site plan depicting such freestanding sign shall not be approved unless the Planning Commission shall further find that the location and height of any such sign will not interfere with pedestrian traffic, with the vision of a driver entering or leaving the property on which it is located or with visibility at an intersection or traffic light.

Within five days following receipt of a complete application for sign permit on a lot that is part of an area signage plan prepared and adopted as an overlay zoning district in accordance with the provisions of § 148-9B of this chapter, the Building Inspector shall refer such application to the Board of Architectural Review. Said Board shall hear such application at the next regularly scheduled meeting of the Board following such referral. Said Board shall, within 62 days following the date of such referral by the Building Inspector or concurrently with the action of the Planning Commission on any required application for site plan approval, whichever is later, take action to approve, conditionally approve, or deny said application for sign permit. In reviewing such application, the Board of Architectural Review shall be specifically guided by the following standards:

Any sign reviewed under the provisions of this subsection shall be designed and located in such a way as to further advance the specific goals and objectives of the area signage plan that is applicable to the property on which it is proposed to be located.

The Board of Architectural Review shall deny any application for a sign permit that does not comply with the goals and objectives of the area signage plan applicable to the property on which it is proposed to be located.

Within five days following receipt of a complete application for sign permit for any other type of sign, the Building Inspector shall refer such application to the Board of Architectural Review. Said Board shall hear such application at the next regularly scheduled meeting of the Board following such referral. Said Board shall, within 62 days following the date of such referral by the Building Inspector or concurrently with the action of the Planning Commission on any required application for site plan approval, whichever is later, take action to approve, conditionally approve, or deny said application for sign permit. In reviewing such application, the Board of Architectural Review shall be specifically guided by the following standards:

Any sign reviewed under the provisions of this subsection shall comply with the applicable requirements of §§ 148-8 and 148-10 of this chapter.

The proposed location, size, proportions, scale, materials, texture, color, lettering and illumination, if any, of any sign reviewed under the provisions of this chapter shall be designed in such a way as to further advance the specific purposes of the Village's sign regulations as set forth in § 148-2 of this chapter.

(c)

The Board of Architectural Review shall deny any application for a sign permit that does not comply with the criteria set forth in § 148-13G(4)(a) or (b) herein.

(5)

Following action on the application for sign permit in accordance with the provisions of § 148-13G(2), (3) or (4) herein, the Building Inspector shall, within five days following such action, notify the applicant in writing of the decision of the approving authority. Within five days after all conditions of sign permit approval have been met by the applicant, the Building Inspector shall issue the sign permit. Issuance of a sign permit shall be conditioned upon continuing compliance with all applicable provisions of this chapter.

§ 148-14 Permit fee.

The application fee for a sign permit shall be in an amount set forth by resolution of the Board of Trustees in a Master Fee Schedule, which may be amended from time to time.

§ 148-15 Existing signs.

Except as set forth below and in § 148-16 of this chapter, no other provisions of this chapter shall require the removal of any existing sign that was erected prior to the effective date of this chapter and which conformed in all respects to the requirements then in effect and which has a sign permit, provided that such sign is not altered or relocated after the effective date of this chapter.

Any existing sign that was erected prior to the effective date of this chapter and which does not have a sign permit shall be removed or brought into conformance with the provisions of this chapter within 90 days after the effective date of this chapter.

Any existing sign removed for purposes other than maintenance activities as described in § 148-10C(5) of this chapter after the effective date of this chapter shall be deemed to be permanently removed and shall be replaced only in accordance with the provisions of this chapter.

Any existing sign removed in accordance with the provisions of § 148-17 of this chapter after the effective date of this chapter shall be deemed to be permanently removed and shall be replaced only in accordance with the provisions of this chapter.

Any existing sign that is not removed in accordance with the provisions of § 148-10D of this chapter shall be deemed to be abandoned and shall be replaced only in accordance with the provisions of this chapter.

Where additional signage is proposed for any establishment, tenancy or unit of occupancy of a building, all existing and proposed signs for such establishment, tenancy or unit of occupancy shall be required to comply with all applicable provisions of this chapter, including but not limited to maximum aggregate sign area requirements set forth in Schedule I, Note 1, and Schedule II, Note 1, of this chapter.

§ 148-16 Nonconforming signs.

Any sign which is made nonconforming on the effective date of this chapter, or which existed as a legal nonconforming sign prior to the date of enactment of this chapter, shall be discontinued and removed or changed to conform to the requirements of this chapter in accordance with the following provisions:

Provided that such nonconforming sign is in safe condition in the judgment of the Building Inspector, it may be continued for a period of five years from the effective date of this chapter.

If such nonconforming sign should require repair or maintenance, the cost of which would exceed 50% of the replacement value of the sign, such nonconforming sign shall be discontinued and removed, or changed to conform to the requirements of this chapter.

§ 148-17 Unsafe signs.

If the Building Inspector shall find that any sign regulated in accordance with the provisions of this chapter is unsafe or insecure, or is a menace to the public, he shall give written notice thereof to the owner, or occupant if different, of the property upon which such sign is located by certified mail, return receipt requested. If the owner or occupant fails to remove the sign or repair it so as to comply with the provisions of this chapter within seven days after receipt of such notice, such sign may be removed by the Building Inspector or his or her authorized agent at the expense of the owner or occupant of the property upon which it is located. Thereafter, the Building Inspector shall be prohibited from issuing a sign permit for any sign to be located on such property until the owner or occupant thereof has paid the costs so assessed.

The Building Inspector may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

§ 148-18 Appeals.

[Amended 8-27-2018 by L.L. No. 5-2018]

Any applicant who has been aggrieved by the action of the Building Inspector in the denial of an application for sign permit for an interim sign, or in the approval of an application for sign permit for an interim sign with conditions that the applicant feels are unacceptable, shall have the right to appeal such denial or conditional approval to the Board of Architectural Review in accordance with the following provisions:

Any applicant shall, within 30 days after the filing of said decision in the office of the Building Inspector, have the right to appeal to and be heard by the Board of Architectural Review. The Board of Architectural Review may, on appeal, affirm such decision, affirm such decision with conditions, reverse such decision or remand such application to the Building Inspector with further instructions.

The Board of Architectural Review shall hear and decide any appeal within 30 days after the notice of appeal, in writing, has been filed in the office of the Village Clerk.

Any applicant who has been aggrieved by the action of the Board of Architectural Review in the denial of an application for approval of a comprehensive signage plan or an application for sign permit for any sign other than an interim sign, or in the approval of an application for approval of a comprehensive signage plan or an application for sign permit for any sign other than an interim sign with conditions that the applicant feels are unacceptable, shall have the right to appeal such denial or conditional approval to the Board of Trustees in accordance with the following provisions:

Any applicant shall, within 30 days after the filing of said decision in the office of the Village Clerk, have the right to appeal to and be heard by the Board of Trustees. The Board of Trustees may, on appeal, affirm such decision, affirm such decision with conditions, reverse such decision or remand such application to the Board of Architectural Review with further instructions.

The Board of Trustees shall hear and decide any appeal within 30 days after the notice of appeal, in writing, has been filed in the office of the Village Clerk.

Any applicant who has been aggrieved by the decision of the Board of Architectural Review in the denial of an application for approval of a variance, or approval of an application for a variance with conditions that the applicant feels are unacceptable, shall have the right to appeal such denial or conditional approval to the Board of Trustees in accordance with the following provisions:

The applicant shall, within 30 days after the filing of said decision in the office of the Village Clerk, have the right to appeal to and be heard by the Board of Trustees. The Board of Trustees may, on appeal, affirm such decision, affirm such decision with conditions, reverse such decision or remand such application to the Board of Architectural Review with further instructions.