[HISTORY: Adopted by the Town Board of the Town of Lewisboro 2-23-1993 by L.L. No.
3-1993. Amendments noted where applicable.]
The Town Board of the Town of Lewisboro, Westchester County,
New York, hereby adopts this chapter in accordance with the purposes,
authority and requirements of the General Municipal Law, as amended
from time to time.
A.
Purpose. It is the purpose of this chapter to regulate the type,
size, location, number and visual impact of signs within the Town
of Lewisboro so as to maintain the appearance, character and rural
quality of Lewisboro.
B.
Intent. It is the intent of the Town Board, in adopting this chapter,
that the Architecture and Community Appearance Review Council be granted
discretionary powers to be exercised so as to preserve the essential
rural and aesthetic qualities which give Lewisboro its special character.
Furthermore:
(1)
It is intended to promote and protect the public health, safety and
general welfare of the people of Lewisboro and their property situated
therein.
(2)
It is intended to minimize the possible adverse effect of signs on
nearby public and private property.
(3)
It is intended to protect property values, create a more attractive
economic and business climate, enhance and protect the physical appearance
of the residential community, preserve the scenic and natural beauty
and provide a more enjoyable and pleasing community.
(4)
It is intended to prevent deterioration of Lewisboro's rural
appearance and attractiveness and to maintain and enhance the aesthetic
environment.
(5)
It is intended to promote attractive, well-designed and -constructed
signs which clearly present only the necessary visual message or image
in a manner that is compatible with the vernacular landscape, the
prevailing architecture and its surroundings.
(6)
It is intended to reduce excessive signage or advertising distractions
and obstructions that may contribute to pedestrian and traffic accidents
or hazards.
(7)
It is intended to enable the fair and consistent enforcement of these
sign restrictions.
A.
Interpretation. The words and phrases contained in this chapter shall have the meanings set forth in this chapter. Words and phrases not defined in this chapter but defined in Chapter 220, Zoning, of the Town Code shall be given the meanings set forth in that chapter. All other words and phrases shall be given their common, ordinary meaning, except where the context clearly requires otherwise.
B.
ACARC
AWNING
BUILDING FRONT OR FACE
BUILDING INSPECTOR
CANOPY
MARQUEE
SETBACK
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(a)
(b)
(18)
(19)
(20)
(21)
(22)
(23)
SIGN APPROVAL
SIGN PERMIT
TEMPORARY SIGN PERMIT
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The Architecture and Community Appearance Review Council.
A rooflike cover, generally constructed of a fabric or plastic
material, extending over or in front of a door, entrance, window or
outdoor service area.
The primary or front, outer surface of a building structure;
generally the "face" of the building which abuts or fronts upon any
street, highway, driveway or parking area and gives primary pedestrian
access into said building or structure.
The Inspector of Buildings of the Town of Lewisboro or other
officer, person or persons, duly authorized to perform such duties.
An ornamental rooflike covering, generally consisting of
fabric or cloth and structural framing.
Any permanent rooflike structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
The distance from the property line to the nearest part of
the applicable sign, measured perpendicular and horizontal to such
property line.
Any device, fixture, placard or representation that uses
any color, form, graphic, illumination, 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.
ANIMATED SIGNA sign that uses movement or change of lighting to depict action or create a special effect or scene.
AWNING SIGNSee the definition of "canopy sign."
BANNERA sign of lightweight fabric or similar material that is mounted to a pole, tree, building or structure at one or more edges. National flags, state or municipal flags or other official flags of any institution or business shall not be considered banners.
BILLBOARDA sign which directs attention to a business, commodity, service or entertainment conducted, sold, offered or manufactured at a location other than the premises on which the sign is located.
BUILDING MARKERA sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
CANOPY SIGN or AWNING SIGNA sign that is a part of, printed on or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.
CONSTRUCTION SIGNA temporary sign, located on the premises on which construction is taking place during the period of such construction, which may indicate the names of the design professional, contractors, owners, financial supporters, sponsors and/or similar individuals or firms having a role or interest with respect to the structure or project.
DIRECTIONAL SIGNA sign limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" or "parking."
FREESTANDING SIGNA sign placed on the ground or supported by one or more uprights, poles or other supports placed in or upon the ground, not attached to a building or structure.
IDENTIFICATION SIGNA sign, located on the premises, which indicates the name, address and/or identifying symbol of a development containing two or more occupants, such as a professional office building, a residential development, an industrial park or commercial shopping center; or a school, park, place of worship, hospital or other public or semipublic facility.
MARQUEE SIGNA sign attached to, in any manner, or made a part of a marquee.
NAMEPLATE SIGNA sign, located on the premises, which indicates the name and occupation or profession of each occupant of the premises.
PENNANTAny lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from rope, wire or string, usually in series, designed to move in the wind.
POLITICAL SIGNA sign for the purpose of advertising a political event, campaign or person running for a political or public office.
PORTABLE SIGNA sign which is not permanent and not affixed to a building or structure or the ground, such as but not limited to a sign designed to be transported by means of wheels; a sign attached to or painted on vehicles parked and visible from the public right-of-way (except as parked in the normal day-to-day operations of use of said vehicle); A-frame signs; menu and sandwich-board signs; balloons used as signs; and umbrellas used as advertising.
PROJECTING SIGNA sign which is wholly or partly dependent upon a building for support and which projects more than 12 inches from the building.
REAL ESTATE SIGNA sign which pertains to the sale, lease or rental of real property.
[Amended 9-14-1993 by L.L. No. 8-1993]
A "location sign" as referred to in § 185-5A(19) and (20) is a sign containing only the words "open house."
A "directional sign" as referred to in § 185-5A(19) is a sign containing only the words "open house" and an arrow indicating the direction of the subject premises.
REPRESENTATIONAL SIGNA three-dimensional sign or characterization constructed so as to physically represent an object for advertising purposes.
ROOF SIGNA sign mounted on, against or directly above the roof or on top of or above the parapet of a building or structure.
SUSPENDED SIGNA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
TEMPORARY SIGNA sign that is used for a limited time and is not permanently mounted and which announces a temporary event such as a business opening or closing sale, a festival, a bazaar or a special event.
WALL SIGNA sign attached to the exterior wall of a structure in such a manner that the wall becomes the support for, or forms the background of, the sign.
WINDOW SIGNA sign of temporary nature, located within the building intended for viewing through the window of the structure by people outside the building, whether or not it is attached to the window.
A resolution of approval by ACARC for all signs requiring
a sign permit in accordance with this chapter.
Administrative approval by the Building Inspector for all
signs requiring sign approval by the ACARC in accordance with this
chapter.
Administrative approval by the Building Inspector for all
temporary signs in accordance with this chapter.
A.
No sign shall be erected, placed, constructed, painted, altered,
relocated, reconstructed, extended, enlarged, displayed or maintained
except in conformity with this chapter.
B.
No building permits shall be issued except in conformance with this
chapter.
C.
All signs shall pertain to a use conducted on the same premises on
which they are located, except as may be allowed by this chapter.
D.
All signs shall be harmonious and compatible with the architectural
character (pertaining to the style, size and shape, materials used,
location, lettering and color) of the premises to which they refer,
the neighborhood, the surrounding vernacular landscape and the general
character of the Town.
E.
All signs shall be securely fastened to the ground or to posts or
shall be securely attached to a building.
F.
Signs shall not conflict with or impair corner visibility at street
intersections. No sign shall be erected, placed or maintained in such
a way as to obstruct traffic visibility across the triangular area
(see Figure A below) formed by the two intersecting street right-of-way
lines and a straight line connecting points along said street right-of-way
lines, which points are located 75 feet from the theoretical point
of intersection of such lines measured along said street lines.
 |
|---|
|
Figure A - Visibility at Street Intersections
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G.
Signs shall be located as to not obstruct or interfere with the visibility
of vehicular or pedestrian traffic.
H.
No signs shall be erected in or over the public right-of-way, except
as otherwise specified by this chapter.
I.
Signs shall be so located as to not obstruct or interfere with the
view of any traffic control sign, signal or device.
J.
No sign shall be erected in such a manner as to obstruct free ingress
or egress to or from any window, door or fire escape or so as to cause
or become a menace to life, health or property.
K.
This section shall not prohibit or regulate the installation by Town,
state or federal government of street signs, emergency signs, traffic
control signs, warning signs or directional signs.
L.
Nothing in this section shall be construed as prohibiting signs viewed
principally from within a building such as interior wall or counter
displays, provided that such signs are not located within two feet
of an exterior window.
M.
The area of all existing signs on a lot shall be counted toward the
maximum sign area allowable on that lot by this section. The number
of existing signs on a lot shall be counted toward the maximum number
of allowable signs on that lot.
N.
No bills or notices shall be posted within the Town except on bulletin
boards or signboards maintained by the Town or other governmental
authority or as approved by the Town Board and/or Planning Board for
that specific purpose.
O.
Upon written request by the applicant, the ACARC may waive or modify the application of the standards of this chapter, except for the standards pertaining to sign area pursuant to § 185-6B of this chapter. In approving a waiver or modification of this chapter, the ACARC shall set forth written findings or reasons as to how such waiver or modification will promote the intent and purpose of this chapter and how such waiver or modification will not be injurious to the neighborhood and otherwise detrimental to the public welfare.
The following signs shall be prohibited in all residence and nonresidence zoning districts, as established pursuant to Chapter 220, Zoning, of the Town Code, except as otherwise permitted by this chapter:
A.
Animated signs, including those with rotating or moving parts or
messages.
B.
Portable signs.
C.
Attention-getting devices such as banners, pennants, valances, flags
(except governmental flags), streamers, searchlights, string or festoon
lights, flashing lights (except that signs which alternate temperature
and time messages may be permitted in nonresidential districts), balloons
or similar devices designed for purposes of attracting attention,
promotion or advertising.
D.
Roof signs.
E.
Any sign which could be mistaken for or confused with a traffic control
sign, signal or device.
F.
Signs permanently painted, posted or otherwise attached to any rock,
fence, vehicle (except typical commercial vehicle markings) or utility
pole.
G.
Billboards.
H.
All signs not expressly permitted by this chapter.
A.
Signs in all districts. The following signs may be permitted without
a sign permit in all residence and nonresidence zoning districts,
provided that such signs shall not exceed two square feet in area,
except as otherwise specified by this chapter:
(1)
Address number, nameplate and personal property identification signs.
(2)
Historical site or building markers.
(3)
Political signs. Such signs shall be removed by the persons or organizations
responsible for the erection or affixing of such signs within 48 hours
after the happening of the advertised political event or campaign.
(4)
Yard or tag sale signs. Such signs shall not be erected more than
10 days prior to the yard or tag sale and shall be removed by the
persons or organizations responsible for the erection or affixing
of such signs within 48 hours after the happening of the advertised
yard or tag sale.
(5)
Home security system warning signs, no trespassing signs or posted
(no hunting, fishing, trapping, swimming, skateboarding or other similar
prohibited activity) signs.
(6)
Utility line identification and location signs.
(7)
Public phone identification signs.
(8)
Public rest room identification signs.
(9)
Handicap accessible parking, access signs and pavement markings which
meet Department of Transportation (DOT) standards and dimensional
requirements.
(10)
Holiday lights and decorations with no commercial message erected
for and during the particular holiday and event they relate to or
symbolize. Such holiday lights and decorations shall be exempt from
this chapter with regards to limitation of size and height.
(11)
Official public information signs or similar identification
signs. Such signs shall not exceed 15 square feet in area.
(12)
Cemetery markers designating individual graves or memorials
and other cemetery signs shall be exempt from this chapter.
(13)
Traffic control signs on private property, such as "stop," "yield"
or similar signs, the faces of which meet DOT standards, including
dimensional requirements, and which contain no commercial message.
(14)
Any public notice or warning required by a valid and applicable
federal, state or local law, ordinance or enforcement action. Such
signs shall be exempt from this chapter with regards to limitation
of size and height.
(15)
Signs mandated by federal, state or local law. Such signs shall
be exempt from this chapter with regards to limitation of size and
height.
(16)
Window signs or interior signs erected on or within two feet
of the window surface shall be permitted in nonresidence districts,
provided that the total area of such signs shall not exceed 30% of
any window surface.
(17)
One construction sign per lot or premises. Such sign shall not
exceed three square feet in area in all residence districts, nor six
square feet in area in all nonresidence districts. Construction signs
shall be removed promptly upon completion of the work.
(18)
One real estate sign per lot or premises. Such sign shall pertain
to the lot or premises on which such sign is located.
(a)
The sign content may contain the words "for sale" or "for lease,"
symbols, logos, QR codes, realty company name, realty agent's name,
phone number and web address. No more than three colors shall be permitted.
Supplementary signs are permitted, provided the total square footage
of the sign plus the supplementary sign is no larger than four square
feet, and the supplementary sign otherwise complies with the balance
of this section.
[Amended 6-11-2012 by L.L. No. 3-2012]
(b)
A real estate sign in residence districts shall not exceed four
square feet in area, including any supplementary signs and shall not
exceed six feet in height. The height of the sign shall be measured
from the ground elevation to the top of the sign.
[Amended 6-11-2012 by L.L. No. 3-2012]
(c)
A real estate sign in a nonresidence district shall not exceed
six square feet in area.
(d)
Supplementary signs, which include but are not limited to the
word "sold," are permitted up until the date of closing of title.
[Amended 6-11-2012 by L.L. No. 3-2012]
(e)
No real estate sign shall be illuminated.
(19)
Real estate signs indicating the location of and direction to
open house events principally for the public, provided that:
[Added 9-14-1993 by L.L. No. 8-1993]
(a)
Such location signs do not exceed two feet by 2.5 feet in size.
(b)
The number of directional signs shall be no more than is reasonably
necessary to direct the public to the subject premises, and the number
of directional signs in no event shall exceed three. Directional signs
shall be located only at intersections and shall not exceed two square
feet in size.
(c)
The number of location signs shall not exceed one, which location
sign shall be displayed on the subject premises.
(d)
Location signs and directional signs shall not be displayed
prior to the date of the open house or following the date of the open
house.
(e)
Location signs and directional signs for open house events promoting
the sale of a particular premises shall not be displayed more often
than twice in any four-week period and only on Saturdays or Sundays.
(20)
Real estate signs indicating the location of open house events
principally for real estate salespeople only, provided that:
[Added 9-14-1993 by L.L. No. 8-1993]
(a)
Such location signs do not exceed two feet by 2.5 feet in size.
(b)
The number of such signs shall not exceed one which location
sign shall be displayed on the subject premises.
(c)
Such signs shall not be displayed prior to the date of the open
house or following the date of the open house.
(d)
Such signs for open house events promoting the sale of a particular
premises shall not be displayed more often than once in any one-week
period.
B.
Temporary signs in all districts. Temporary signs may be permitted
with a temporary sign permit for all residence and nonresidence zoning
districts.
(1)
A temporary sign shall not require a sign approval by the ACARC but
shall require a temporary sign permit from the Building Inspector.
(2)
All applications for temporary sign permits shall be in writing on
a form prescribed by the Building Inspector and shall be submitted
no less than two weeks prior to the temporary event. The Building
Inspector shall act upon such applications within five business days
of receipt.
(3)
Temporary signs may be permitted in all zoning districts, provided
that:
(a)
A temporary sign permit has been issued by the Building Inspector
indicating the nature, size, location and tenure of the sign.
(b)
No more than one such temporary sign shall be permitted per
lot at any given time.
(c)
A temporary sign shall not be erected for a period to exceed
two weeks.
(d)
A maximum of six temporary sign permits per lot may be issued
in a given calendar year.
(e)
The temporary sign shall be removed within 48 hours after the
event.
(f)
The temporary sign shall not be illuminated.
(g)
The temporary sign may be wall-mounted or freestanding; such
sign shall not exceed six square feet in area.
(h)
Temporary signs permitted in conjunction with an event principally
sponsored or conducted by a Town of Lewisboro domiciled, not-for-profit
group, agency, club or other organization shall be exempt from the
area limitations of this chapter and may be located on properties
other than those where the temporary event is to occur.
C.
Signs permitted in Special Character Overlay Districts. Applications for sign approval for signs to be located in a Special Character Overlay District shall respect the unique and special identity, image and character of such Special Character Overlay District in addition to the specific requirements and standards of the underlying zoning district. Prior to the granting of any such sign approval, the ACARC shall ensure, by requiring specific modifications or conditions, that the design, construction and location of any approved sign will be consistent with the purposes and intent of the Special Character Overlay District as established by the Town Master Plan and Chapter 220, Zoning.
D.
Signs permitted in single-family, two-family and multifamily residence
districts and in Service Utility Districts (R-4A, R-2A, R-1A, R-1/2A,
R-1/4A, R-2F-10, R-2F-7.5, R-MF and SU) with a sign permit upon sign
approval.
(1)
The following signs may be permitted in conjunction with multifamily
uses:
(2)
The following signs may be permitted in residence districts in conjunction
with nonresidence uses, including special permit uses:
E.
Signs permitted in Campus Commercial Districts (CC-20) with a sign
permit upon sign approval.
(2)
The following signs may be permitted in conjunction with any other
principal use allowed in the CC-20 District:
(a)
One freestanding sign per access drive, in accordance with § 185-6 of this chapter. Such sign shall not exceed 20 square feet in area and shall be set back a minimum of 25 feet.
(b)
Wall-mounted, marquee, canopy or projecting sign.
[1]
One wall sign per building, in accordance with § 185-6 of this chapter, provided that such wall sign shall not exceed 20 square feet in area; such wall sign shall not exceed a maximum horizontal dimension or length of 20% of the building front or face wall (For the purpose of this section, the building front or face wall shall be measured as the horizontal dimension of the exterior wall of the occupied space for a given business use.) upon which said sign is attached. In no case shall the maximum horizontal dimension or length exceed 20 feet; and such wall sign shall not exceed a maximum vertical dimension of four feet; or
[2]
One marquee, canopy or projecting sign per principal building.
Such sign shall not exceed the dimensional requirements permitted
for a wall sign above.
(c)
Directional signs. Such signs shall not exceed two square feet
in area.
F.
Signs permitted in Retail Business and General Business Districts (RB and GB) with a sign permit upon sign approval. Certain principal uses from the R-2F-10 District are allowed in the RB and GB Districts, pursuant to Chapter 220, Zoning. Signs in conjunction with such uses may be permitted in accordance with § 185-5C of this chapter.
(2)
One or more additional freestanding signs per lot, in accordance with § 185-6 of this chapter, provided that:
(3)
Business sign options.
(a)
One wall sign per business occupant, in accordance with § 185-6 of this chapter, provided that such wall sign shall not exceed a maximum horizontal dimension or length of 75% of the building front or face wall (for the purpose of this section, the building front or face wall shall be measured as the horizontal dimension of the exterior wall of the occupied space for a given business use) upon which said sign is attached; such maximum horizontal dimension or length shall not exceed 20 feet; and such wall sign shall not exceed a maximum vertical dimension of two feet;
(b)
One marquee, canopy or projecting sign per business occupant.
Such sign shall not exceed the dimensional requirements permitted
for a wall sign above; or
(c)
One representational sign per business occupant. Such sign shall
not exceed six cubic feet in volume.
(4)
One additional wall sign per business occupant, in accordance with § 185-6 of this chapter, provided that:
(5)
One "open"/"closed" sign per building occupant. Such signs shall
not exceed two square feet in area.
(6)
Directional signs. Such signs shall not exceed two square feet in
area.
A.
Design guidelines. The following design guidelines are provided to
encourage and direct appropriate and compatible graphic design, material,
colors, illumination and placement of proposed signs. In general,
sign design shall be consistent with the purpose and intent of this
chapter.
(1)
Signs should be designed to be compatible with their surroundings
and should be appropriate to the architectural character of the buildings
on which they are located.
(2)
Sign panels and graphics should relate with and not cover architectural
features or details and should be in proportion to them.
(3)
Signs should be appropriate to the types of activities they represent.
(4)
Layout should be orderly and graphics should be concise.
(5)
No more than two typefaces should be used on any one sign or group
of signs indicating one message.
(6)
The number of colors used should be the minimum consistent with the
design.
(7)
Illumination should be appropriate to the character of the sign and its surroundings and shall be in accordance with § 185-7 of this chapter.
(8)
Groups of related signs or multiple signs located on the same premises
should express uniformity and create a sense of harmonious appearance.
B.
Computation of sign area.
(1)
The area of a sign shall be computed from the algebraic sum of the
actual sign configuration, be it a square, rectangle, circle, oval
or other polygon shape. The area shall be measured from the outer
dimensions of the frame, trim or molding by which the sign is enclosed,
where they exist, or from the outer edge of the signboard where they
do not exist.
(2)
When a sign consists of individual letters, symbols or characters,
its area shall be computed as the area of the smallest rectangle which
encloses all of the letters, symbols and characters.
(3)
When a sign consists of two or more faces, only one face of the sign
shall be used in computing the sign area if the faces are parallel
to and within 12 inches of each other. Otherwise, all faces of the
sign shall be used to compute the sign area.
(4)
The volume of a representational sign shall be computed as the volume
of the smallest rectangular box which encompasses the mass of the
three-dimensional sign or characterization.
C.
Standards for wall signs.
(1)
All wall signs shall be located on the building front or face wall,
except as permitted by this chapter.
(2)
No wall sign shall extend beyond the outer edge of any wall of the
building to which it is attached.
(3)
No wall sign shall extend above the eaves of the building to which
it is attached.
(4)
No wall sign shall extend above the floor or level of the floor of
a second story of a building upon which such sign is attached.
(5)
A wall sign shall be parallel to the wall to which it is attached
and shall not project more than 12 inches therefrom.
(6)
No wall sign shall contain letters, numbers or other cryptic symbols
which exceed 12 inches in height or width.
D.
Standards for freestanding signs.
(1)
No freestanding sign shall exceed 10 feet in height. The height of
the sign shall be measured from the ground elevation to the top of
the sign.
(2)
No freestanding sign shall exceed 10 feet in any dimension.
(3)
The bottom edge of a freestanding sign shall be at least seven feet
above the ground elevation when located in an area where the public
walks or where it would impair visibility.
(4)
No part of any freestanding sign shall be located within 15 feet
of any property line, except as otherwise specified by this chapter.
(5)
Only one freestanding sign shall be permitted on a lot even if there
is more than one building or use on that lot, except as otherwise
specified by this chapter.
E.
Standards for projecting signs and marquee or canopy signs.
(1)
The bottom edge of a projecting and marquee or canopy sign shall
be at least seven feet above the ground elevation when located in
an area where the public walks or where it would impair visibility.
(2)
No freestanding sign shall exceed 10 feet in any dimension.
(3)
A marquee or canopy sign may extend the full length of the marquee
or canopy but shall not extend beyond the ends of the marquee or canopy.
A.
The light source used to illuminate all signs shall be shielded so
that the beams or rays of light do not shine or reflect directly onto
adjacent properties or streets.
B.
All illuminated signs located on a lot adjacent to or across the
street from a residential district shall not be illuminated between
the hours of 10:00 p.m. and 6:00 a.m.
C.
Signs shall not contain or utilize flashing, fluttering, blinking
or moving or animated lights or devices.
D.
Only signs subject to a sign permit may be internally illuminated.
All internally lit signs shall be covered with translucent material
(not transparent). Internal light sources shall be permitted only
where the ACARC has determined the following:
(1)
That such internal illumination would not conflict with the intent
and purpose of this chapter.
(2)
That said internal illumination would not adversely increase site
lighting or shed light off the premises upon which said illuminated
sign is located.
(3)
That said internal illumination would be compatible with and harmonious
to the architectural character of the premises to which said illuminated
sign refers, to the neighborhood and the surrounding vernacular landscape
and to the general character of the Town.
E.
Internally illuminated signs are prohibited in all residential districts.
F.
All sign lighting shall be of constant color and intensity.
G.
Luminous, sparkling, glowing or other such reflective paint or similar
material shall not be used in conjunction with any sign requiring
a sign permit or containing a commercial message, except that address
number identification signs may be reflective.
H.
Lighting devices shall not be located or placed in such a position
or manner as to endanger vehicular or pedestrian traffic or to obscure
or cause confusion with official street or highway signs, lights or
signals.
I.
Illuminated signs which alternate temperature and time messages may
be permitted by the ACARC and shall be based upon need, location,
nearby signs and the architectural character of the premises to which
said illuminated sign refers, to the neighborhood and the surrounding
vernacular landscape and the general character of the Town.
A.
Sign approval. Approval of all signs shall be obtained from the Architecture
and Community Appearance Review Council (ACARC) prior to the establishment,
expansion or change of any sign requiring a sign permit.
(1)
If sign approval is granted in conjunction with and prior to the approval of a site development plan or special permit, then such sign approval shall be conditioned upon receipt of site development plan approval or special permit approval in accordance with and as required by Chapter 220, Zoning, of the Town Code.
B.
Application procedure. All applications for sign approval shall be submitted in writing, and in a form prescribed by the ACARC and accompanied by the required fee in accordance with § 185-10 of this chapter. The ACARC shall adopt administrative procedures therefor, including but not limited to application forms, map or plan submission requirements, number of copies and filing deadlines. Failure to comply with the application submission requirements of this chapter and the ACARC's adopted administrative procedures shall be grounds for the ACARC to deny such application.
C.
Minimum required information. In addition to the requirements specified
by this chapter, all applications for sign approval shall be submitted
in map or plan form, drawn to scale, and shall include but not be
limited to the following information:
(1)
Site development plan application, resolution of approval or waiver of the site development plan, as endorsed by the Planning Board, or special permit endorsed by the Zoning Board of Appeals, in accordance with Chapter 220, Zoning, of the Town Code.
(2)
Title of development, date and revision dates.
(3)
Names, addresses and phone numbers of the applicant, the owner of
record as listed in the office of the Town Assessor and the person
responsible for preparing the application. If the applicant is not
the owner of record, the latter shall also sign the application.
(4)
North arrow and numerical and graphic scale on each map or plan.
(5)
The zoning of the subject property and proposed use or uses.
(6)
Location of all existing and proposed signs shown in relation to
all buildings, structures, streets, driveways and property lines.
(7)
A tabular sign index and listing of the specifications of all existing
and proposed signs.
(8)
A sign detail, specification and measured elevation of the proposed
sign, including but not limited to its dimensions, area, maximum and
minimum height, proposed message and design, materials, colors, orientation,
method of construction, footing or attachment and method of illumination.
(9)
For signs attached to structures, the required measured elevation
drawing shall show the building facade in relation to all existing
and proposed signs on the premises.
(10)
Endorsement of owner as follows:
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Approved for Filing:
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Owner
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Date
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(11)
Form for endorsement by the ACARC:
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Approved by resolution of the Lewisboro Architecture and Community
Appearance Review Council (ACARC)
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Chairman
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Date
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A.
Continual conformity required.
(1)
All signs, together with their supports, braces, guys and anchors,
shall be kept in good working order and safe condition.
(2)
The owner of the lot on which the sign is located shall be directly
responsible for keeping such sign, including its illumination sources,
in good working order and safe condition and shall maintain or cause
to be maintained in force, at all times, a valid sign permit for such
sign in accordance with this chapter.
(3)
Unsightly, damaged, deteriorated signs or signs in danger of falling
or in a condition as to be a menace to the safety of the public shall
be put in order or removed upon written notice by the Building Inspector
to the owner of the lot on which the sign is located.
(4)
All signs shall comply with applicable provisions of the New York
State Uniform Fire Prevention and Building Code and the Electrical
Code of the Town of Lewisboro.
B.
Prompt removal of vacated use. Any sign which pertains to a business
or other use no longer conducted on the premises where such sign is
located shall be removed within five days following cessation of the
relevant activity.
C.
Revocation of sign permit.
(1)
The Building Inspector may, at any time a violation of this chapter
is found, revoke any sign permit. Each additional day said violation
occurs shall constitute a new, separate violation, subject to the
penalties allowed by the full extent of the law. Notice of such revocation
and the reasons or reasons therefor, in writing, shall be served by
the Building Inspector upon the person named on the sign permit and
the owner of the lot where the violation is located.
(2)
All revoked sign permits shall cause the immediate removal of the
sign in question, by the person named on the sign permit and the owner
of the lot where the violation is located. Installation of a new sign
shall require a new sign permit in accordance with the provisions
of this chapter.
D.
Removal of real estate signs by Building Inspector.
[Added 9-14-1993 by L.L. No. 8-1993]
(1)
The Building Inspector may remove any real estate sign that is not in compliance with § 185-5A(18), (19) and (20).
(2)
Such sign so removed shall be returned to the rightful owner upon
the payment of a civil penalty for such violation in the amount of
$75.
A.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements adopted
for the promotion of the public health, safety and general welfare.
Where this chapter imposes a greater restriction upon the location,
quantity, size, illumination or construction of signage than those
of other applicable provisions of law or ordinance or any rules or
permits previously adopted or issued or which shall be adopted or
issued pursuant to law, this chapter shall control.
B.
Enforcement.
(1)
General provisions. No board, agency, officer or employee of the
Town shall issue, grant or approve or authorize any construction,
reconstruction, alteration, enlargement or relocation of any signage
that would not be in full compliance with the provisions of this chapter.
(2)
This chapter shall be enforced by the Building Inspector, who is
hereby empowered to cause any sign, place or premises to be inspected
and examined and to order in writing the remedying of any condition
found to exist therein or thereon in violation of any provision of
this chapter.
(3)
All written notices or enforcement orders issued by the Building
Inspector shall be by certified mail, return receipt requested, to
the last known address of the owner and/or lessee or tenant or other
cited person.
(4)
The owner or agent of a building or premises or a portion thereof
where a violation of any provision of this chapter has been committed
or exists; or lessee or tenant of a building or premises or a portion
thereof where such violation has been committed or exists; or the
agent, sign company, contractor or other person who commits, takes
part or assists in any such violation shall be subject to penalties
in accordance with the provisions of this chapter.
C.
Penalties. In addition to any other penalties or remedies prescribed
herein or otherwise available to the Town of Lewisboro, any person,
corporation, firm or other entity who or which shall violate any provision
of this chapter shall be subject to a fine of up to $250 or imprisonment
not to exceed 15 days, or to both such fine and imprisonment. Each
day such violation continues shall constitute a separate offense and
shall be punishable as such.
D.
Sign permits.
(1)
The Building Inspector shall issue sign permits. A sign permit shall be required in addition to and after the issuance of a resolution of approval by the ACARC in accordance with § 185-8 of this chapter.
(2)
All applications for a sign permit shall be signed or countersigned
by the owner of the lot on which the sign will be located and shall
be accompanied by the following:
(3)
No sign permit shall be issued by the Building Inspector that would be in violation of any of the provisions of this chapter, except upon a resolution of approval with waiver, by the ACARC, in accordance with § 185-3 of this chapter, or upon a resolution granting a variance, by the Zoning Board of Appeals, in accordance with § 185-10 of this chapter.
(4)
Time period. A sign permit shall be valid for a period of six months
from the date of issuance. Failure to install and comply with the
issued sign permit and any provision of this chapter shall render
such permit null and void. The Building Inspector may extend any such
permit for one additional period of six months.
E.
Fees. Except as otherwise provided herein, no sign approval shall
be issued by the ACARC and no sign permit shall be issued by the Building
Inspector until all applicable fees as set by the Town Board, from
time to time, shall be paid by the applicant.
F.
Nonconforming status. All signs not in compliance with any provision
of this chapter, upon the effective date specified herein, shall be
deemed nonconforming.
(1)
A nonconforming sign shall be removed or brought into conformity
with the requirements of this chapter upon a change in use.
(2)
A nonconforming sign related to an existing use shall be removed
or made conforming prior to the issuance of any subsequent sign permit
for such use.
(3)
Applications for sign approval and sign permit for the replacement
of an existing nonconforming sign to a legal conforming sign which
is submitted before two years from the effective date of this chapter
shall be exempt from all applicable fees required by this chapter
but not from any subsequent fees.
G.
Variances and appeals.
(1)
Variances. Upon referral from the ACARC, the Zoning Board of Appeals
shall have the authority to vary or adjust the application of the
standards relating to sign area, pursuant to this chapter.
(a)
In approving a variance or adjustment of the application of
the standards relating to sign area, pursuant to this chapter, the
Zoning Board of Appeals shall set forth written findings or reasons
as to how such variance or adjustment will promote the intent and
purpose of this chapter and how such variance or adjustment will not
be injurious to the neighborhood and otherwise detrimental to the
public welfare.
(b)
The Zoning Board of Appeals may attach conditions to a granted
variance in order to make such variance more in harmony with the intent
and purposes of this chapter.
(c)
The Zoning Board of Appeals may deny an application upon the
submittal of incomplete information.
(d)
Any variance granted by the Zoning Board of Appeals which is
not exercised by obtaining a corresponding sign permit within one
year from the effective date of the variance shall be null and void.
(2)
Appeals. The Zoning Board of Appeals shall have the authority to
hear and decide upon any appeal where it is alleged that there is
an error in the order, requirement, decision or determination of the
ACARC or the Building Inspector.
(a)
All appeals shall be made within 30 days from the date of the
order, requirement, decision or determination of the ACARC or the
Building Inspector which is alleged to be in error.
(b)
No question of hardship shall be involved in such appeal, and
the action of the Zoning Board of Appeals thereon shall be limited
to the question of whether or not and to what extent such order, requirement,
decision or determination was a correct interpretation of the subject
provision of this chapter.
(3)
Administration of variances and appeals.
(a)
Application. All applications for a variance or an appeal shall
be submitted in writing in a form prescribed by the Zoning Board of
Appeals and shall be accompanied by a filing fee, as set by the Zoning
Board of Appeals from time to time, to cover the cost of processing
such variance or appeal application.
(b)
Public hearing. The Zoning Board of Appeals shall fix a reasonable
time for the holding of a public hearing for any application for a
variance or an appeal and shall give public notice thereof in the
official paper of notice of such hearing at least 10 days prior to
the date thereof.
(c)
The Zoning Board of Appeals shall, at least 10 days before such
public hearing, mail notices thereof or cause such notices to be mailed
by the applicant to owners of real property within such areas as the
Town Board may prescribe. The expense of publishing and mailing any
notice required by this section shall be paid for by the appellant.
(d)
Referrals. The Zoning Board of Appeals may refer any application
for a variance or an appeal to any department, agency, board, consultant
or official it deems appropriate for review and comment.
A.
Severability. If any section, paragraph, subdivision, clause or provision
of this chapter is adjudged to be invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.
B.
Effective date. The effective date of this chapter shall be March
22, 1993.
[Added 8-13-2012 by L.L. No. 9-2012]
A.
The purpose
of this section is to improve the general health, safety and welfare
of the residents of the Town of Lewisboro by promoting the dissemination
of information to the residents of the Town of Lewisboro in emergency
situations, and to provide a method for the emergency service organizations
in the Town of Lewisboro to provide the public with information relating
to such organizations.
B.
The following
emergency service organizations shall be exempt from the provisions
of this chapter regarding the type of sign and area of the sign to
be placed upon the property of such emergency services organizations,
subject to the restrictions set forth herein:
C.
There shall only be permitted one freestanding sign per lot on each property of the emergency service organizations listed in Subsection B hereof.
D.
Each sign
erected pursuant to this section shall not exceed 24 square feet in
area and shall not exceed eight feet in height.
