[HISTORY: Adopted by the Board of Trustees of the Village
of Brewster 11-18-2009 by L.L. No. 3-2009;[1] amended in its entirety 4-5-2017 by L.L. No. 1-2017. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This local law also superseded former
Ch. 199, Signs and advertising, comprised of Art. I, Political signs
and posters, adopted 1-15-1986 by L.L. No. 1-1986 (Ch. 144, Art. I,
of the 1992 Code), as amended, and Art. II, Yard, rummage and tag
sales, adopted 9-14-1994 by L.L. No. 3-1994 (Ch. 144, Art. II, of
the 1992 Code), as amended.
This chapter shall hereafter be known and cited as the "Sign
Local Law of the Village of Brewster."
The Village of Brewster recognizes and supports the right of
all citizens to communicate using signs. However, the Village also
recognizes that the location, number, size and design of signs significantly
influence public health, safety and visual environment, and subsequently
the perception of the Village's social and economic condition.
It is the intent of these regulations to maintain and enhance the
quality of life within the Village of Brewster by permitting orderly
signage and minimizing visual clutter, while continuing to recognize
the rights of business owners as well as all members of the public.
No person, including any owner, lessee, or other occupant of
any premises, shall erect, construct or display, or permit the erection,
construction, or display of any sign within the Village of Brewster,
other than in accordance with the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any sign that advertises a business, lessor, owner, product,
service or activity that is no longer located on the premises where
the sign is displayed.
Any change of copy, sign face, color, size, shape, illumination,
position, location, construction, or supporting structure of any sign.
A sign that uses movement, lighting, or special materials
to depict action or create a special effect to imitate movement.
A roof-like cover that projects from a building wall for
the purpose of shielding a window or doorway from the elements.
Any cloth, bunting, plastic, paper, or similar nonrigid material
used for advertising purposes attached to any structure, staff, pole,
line, framing, or vehicle, not including official flags of the United
States, the State of New York, and other states, counties, municipalities,
official flags of foreign nations and nationally or internationally
recognized organizations.
A sign painted on or affixed to a bench.
A permanent off-premises outdoor advertising sign erected,
maintained or used for the purpose of commercial or noncommercial
messages.
A small sign mounted on the ground using one or more posts.
That building elevation that fronts on a public street or
parking area where customer access to the building is available.
That portion of a building frontage occupied by a single
tenant space having a public entrance within the building frontage.
For businesses located in the interior of a building without building
frontage, the building elevation providing customer access shall be
considered the business frontage.
A sign that serves to identify only the name, address, and
lawful use of the premises upon which it is located and provides no
other advertisements or product identification.
A sign that contains all the text and/or logo symbols within
a single enclosed cabinet and may or may not be illuminated.
The amount of light that will illuminate a surface one foot
distant from a light source to an intensity of one footcandle. Maximum
(peak) candlepower is the largest amount of candlepower.
A roof-like cover, attached to a building wall.
A sign designed to allow changing of copy manually.
Three-dimensional individually cut letters or figures, illuminated
or nonilluminated, affixed to a structure.
A temporary sign, other than a commercial sign, posted to
announce a civic event sponsored by a public agency, school, church,
civic-fraternal organization, or similar not-for-profit organization.
A sign that advertises, promotes or identifies a commercial
business or commercial operation, or which is otherwise related to
or connected with trade and traffic or business and commerce in general.
A sign that states the name of the developer and contractor(s)
working on the site and any related engineering, architectural or
financial firms involved with the project.
A sign that conveys information (e.g., restrooms, no parking,
entrance) or minor business identification for directional purposes,
and is designed to be viewed by pedestrians and/or motorists.
Words, letters, numbers, figures, designs, or other symbolic
representations incorporated into a sign.
A sign that is illuminated by a light source that shines
through the letters or logo from the back of the sign.
A sign listing the tenants of a multiple-tenant structure
or center.
A sign constructed to display its message on the outer surfaces
of two identical and opposite parallel planes.
A sign with a fixed or changing display/message composed
of a series of lights that may be changed through electronic means.
A sign that contains an intermittent or sequential flashing
light source.
A temporary sign that identifies the names of future businesses
that will occupy a site or structure.
A promotional activity not exceeding 30 calendar days used
by newly established businesses, within two months after initial occupancy,
to inform the public of their location and services available to the
community. "Grand opening" does not mean an annual or occasional promotion
by a business.
See "monument" signs.
A sign hanging down from a marquee, awning or porch that
would exist without a sign.
The vertical distance from the uppermost point used in measuring
the area of a sign to the average grade immediately below and adjoining
the sign.
Any of the following:
A sign erected without first obtaining a permit, if required
by this chapter, and complying with all regulations in effect at the
time of its construction or use.
A sign that was legally erected but whose use has ceased because
the business it identifies is no longer conducted on the premises.
A nonconforming sign for which the amortization period hereunder
has expired.
A sign that is a danger to the public or is unsafe; or a sign
that pertains to a specific event that has not been removed within
five days after the occurrence of the event.
A temporary sign displayed for over 21 days.
A sign that is illuminated by a light source that shines
directly on the surface of the sign, which light source is designed
specifically to illuminate only the sign.
An object that is blown up with air or gas.
A sign whose light source is located in the interior of the
sign so that the rays go through the face of the sign, or light source
which is attached to the face of the sign and is perceived as a design
element of the sign; same as a directly lighted sign.
A freestanding sign with a lower height configuration. Such
signs are usually used for building complexes that are separated from
adjacent streets by substantial setbacks.
A permanent structure attached to a building wall, having
horizontal or nearly horizontal top and bottom surfaces, which is
intended to serve as a covering over the area thereunder.
Any detached sign on the same lot or parcel as the use it
identifies which has its bottom portion attached to a proportionate
base or plinth, integrated ground planter box, or structural frame.
A development consisting of two or more separate uses or
tenancies that share either the same parcel or structure and use common
access and parking facilities.
Glass tube lighting in which a gas and phosphors are used
in combination to create a colored light.
A sign that does not advertise, promote or identify a commercial
business or commercial operation, and which is not otherwise related
to or connected with trade and traffic or business and commerce in
general.
An identifying structure or sign which was lawfully erected
through the issuance of a sign permit and maintained prior to the
adoption of this chapter, and which has subsequently come under the
requirements of this chapter, but does not now completely comply.
As a primary sign only, permanent banner signs shall look
like architectural elements of the building and shall hang from projecting
metal brackets of a size and design appropriate to the banner and
the architectural character of the building. Banner signs shall be
mounted perpendicular to the face of the facade at both the top and
bottom.
A sign constructed of durable materials and intended to exist
for the duration of time that the use or occupant is located on the
premises.
Small version of a wall sign that is attached to a surface
adjacent to the front entry.
A sign mounted on a freestanding pole or other support.
A sign designed for the purpose of announcing support of
or opposition to a candidate or proposition for a public election
or a sign expressing political, religious, or other ideological sentiment
that does not advertise a product or service.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of persons
or wheels; signs converted to A-frames; menu and sandwich board signs;
balloons used as signs; umbrellas for advertising; and signs attached
to or painted on vehicles parked and visible from the public right-of-way,
unless said vehicle is used in the normal day-to-day operations of
the business, in which case the vehicle must be removed from the site
during nonbusiness hours.
A sign, attached to a building, the face of which is perpendicular
or nearly perpendicular to the building wall.
A sign erected on a temporary basis to promote the sale of
new products, new management, new hours of operation, a new service,
or to promote a special sale.
The side of a parcel or development site abutting on a public
street.
See "pole sign."
A sign indicating that a property or any portion thereof
is available for inspection, sale, lease, rent, or directing people
to a property, but not including temporary subdivision signs.
A sign that incorporates a menu containing a list of products
and prices offered by the business.
A sign that is mounted on the roof of a building or which
is wholly dependent upon a building for support and which projects
above the highest point of a building with a flat roof, the eave line
of a building with gambrel, gable, or hip roof, or the deck line of
a building with a mansard roof.
Any announcement, declaration, demonstration, billboard display,
illustration or insignia used to promote or advertise the interests
of any person, group of persons, company, corporation, service or
product when the same is placed, erected, attached, painted or printed
where it may be viewed from the outside of any structure on the premises
where placed.
The area shall be the minimum area which can be defined by
an enclosed four-sided (straight sides) geometric shape which most
closely outlines said sign. When two identical sign faces are mounted
back to back on the same sign structure and are either parallel or
form an angle not exceeding 30°, only one of the sign faces shall
be used to compute the sign area. If the angle of the sign faces exceeds
30°, then both faces shall be used to compute the sign area.
The general and specific guidelines as set forth in this
chapter.
A temporary sign or banner that is intended to inform the
public of a unique happening, action, purpose, or occasion (i.e.,
grand opening or community event).
A sign made using techniques or materials akin to the type
of business it advertises.
The portion of building frontage that encompasses the main
entrance and window area of a particular commercial operation, and
which is limited to the width of the space occupied by a particular
commercial operation along the building frontage.
Any sign intended to be displayed for a limited period of
time and capable of being viewed from any public right-of-way, parking
area or neighboring property.
Signs that have a depth or relief on their surface greater
than six inches.
A sign that accurately displays the current local time and/or
temperature, usually through arrays of small electric lights. No commercial
advertising or other message is generally allowed.
A sign that is attached to or painted on a vehicle that is
parked on or adjacent to any property, the principal purpose of which
is to attract attention to a product sold or business located on the
property.
A sign that is attached to or painted on the exterior wall
of a structure with the display surface of the sign approximately
parallel to the building wall.
Window area shall be computed by calculating each window
pane or panel. The area shall be separate for each building face,
and for each window. A group of window panes or panels per business
may be considered one window if they are adjoining on the building
face.
A sign posted, painted, placed, or affixed in or on the interior
surface of a window exposed to public view. An interior sign that
faces a window exposed to public view that is located within three
feet of the window is considered a window sign for the purpose of
calculating the total area of all window signs.
This chapter shall apply to all signs located in the following
districts, which are the only districts in which signs may be erected
or installed: R District, R20 District, B1 District, B2 District,
B3 District, C District, MU District, LMW District, OP District and
PB District.
An application for a permanent sign that is permitted by this
chapter must be submitted to the Code Enforcement Officer for review
and approval, along with the appropriate fee. The fees for the application
are as set forth in the schedule of fees of the Village of Brewster,
which may be amended from time to time by resolution of the Board
of Trustees of the Village of Brewster. After a complete application
is submitted in accordance herewith, the appropriate fees paid, and
a finding by the Code Enforcement Officer that the proposed sign is
in conformance with the provisions of this chapter, the Code Enforcement
Officer shall issue the appropriate permit to the applicant. If a
proposed sign requires a special exception use permit or a variance
pursuant to the provisions of this chapter, then in that case a permit
shall not be issued by the Code Enforcement Officer until the applicant
has obtained the special exception use permit from the Board of Trustees
or the variance from the Zoning Board of Appeals, as the case may
be. If the Code Enforcement Officer determines that a variance is
required for a particular sign, then the applicant may submit an application
to the Zoning Board of Appeals to apply for a variance. If a special
exception use permit is required, the applicant may then submit an
application to the Board of Trustees to apply for the special exception
use permit.
All permanent signs require a sign permit, not inconsistent
with any other regulations stated in this Code. The standards that
shall apply to all permanent signs are as stated in this section.
A.Â
Message.
(1)Â
The message shall consist of letters and numbers displaying the name,
nature of business, telephone number and/or website address of the
organization it advertises.
(2)Â
Graphics may be permitted pending Planning Board approval.
(3)Â
All signs must be posted on private property and must pertain to
a business or occupant of the property upon which it is erected or
constructed.
C.Â
All signs must consist of colors from the Village-approved color
palette, which is available in the office of the Village Clerk, and
which may be changed from time to time by resolution of the Board
of Trustees.
D.Â
Illumination may be provided from a shielded light source, provided
that the illumination source does not project or reflect into nearby
windows, or create a glare at the sidewalk level.
F.Â
One sign per business or occupant may be installed per building elevation
fronting on a public right-of-way.
All permanent commercial signs must have an application filed in accordance with § 199-6 of this chapter. Each allowable sign type must adhere to the corresponding specifications below:
A.Â
Wall signs.
(1)Â
Permanently mounted on or attached to exterior wall.
(2)Â
Must be mounted parallel to the wall and shall not protrude more
than 12 inches.
(3)Â
Must be placed below windows of the floor above the retail location,
or below the roof of a one-story building.
(4)Â
For any building, the allowable sign area shall not exceed 75% of
the square footage that is equal to the linear footage of the building's
frontage towards a public right-of-way, and shall not exceed 16 feet
in length.
(5)Â
For any storefront, the allowable sign area shall not exceed 75%
of the square footage that is equal to the linear footage of the storefront
of the commercial operation to which the sign pertains, and shall
not exceed 16 feet in length. The lettering of said sign shall not
exceed 10 inches in height.
B.Â
Awnings and canopies.
(1)Â
Metal frame clad with sloped opaque fabric attached over a door,
window or storefront.
(2)Â
May be installed in addition to a wall sign.
(3)Â
May be retractable or fixed.
(4)Â
An awning may have a skirt hanging parallel to the building wall,
not longer than 12 inches, either framed or flexible.
(5)Â
The business name, nature of business, telephone number or website
address may be displayed on the skirt of an awning, or on the canopy.
(6)Â
Any graphic or message placed on sloped portion of an awning, or
on a canopy, shall not be larger than eight square feet or 25% of
the surface area, whichever is less.
(7)Â
All permitted awnings or canopies shall be solid or striped, and
must consist of no more than two colors which are part of the Village-approved
color palette.
(8)Â
The width of all awnings or canopies shall not exceed 85% of the
building frontage or storefront width or shall not extend beyond the
outer edge of the windows of the building frontage or storefront,
whichever is shorter.
(9)Â
Must have at least an eight-foot clearance between the sidewalk and
the lowest section of the awning or canopy.
(10)Â
May not utilize support poles connected to the sidewalk, and
must be fully supported by attachment to the building.
C.Â
Window signs.
(1)Â
Sticker, paper or other object posted on interior of windows.
(2)Â
May be posted in addition to other types of signage, provided that
all window signs shall not cover more than 20% of the square footage
of the window. Hours of operation and contact information for the
business shall not be calculated in the total window area coverage,
provided that such signage does not exceed a total of one square foot.
(3)Â
No flashing, revolving, animated, moving or neon signs, or continuous
strip lighting.
D.Â
Ground signs.
(1)Â
A sign may be fixed into the ground using proper construction methods.
(2)Â
Must be fully within the boundaries of the building's lot, and
must be set back a minimum of 10 feet from the property line.
(3)Â
The size of the sign shall not exceed 30 square feet, excluding the
poles or posts, and the maximum height shall be 10 feet which includes
any base or pedestal.
(4)Â
The allowable sign area shall not exceed the square footage that
is equal to the linear footage of the building's frontage towards
a public right-of-way.
(5)Â
Must not encroach on or overhang the street, sidewalk or right-of-way.
F.Â
Home occupation sign.
(1)Â
The size of the sign shall not exceed two square feet.
(2)Â
The sign must be set back a minimum of 10 feet from the property
line.
(3)Â
The sign must not interfere with sight visibility on streets, roadways
or driveways.
(4)Â
The sign may not exceed four feet in height, including any and all
supports for the sign.
(5)Â
The sign may not be illuminated in any manner.
Noncommercial permanent signs must adhere to the sign standards set forth in § 199-7 hereof, as well as the specifications that apply to commercial signs as set forth in § 199-8 hereof. Any noncommercial signs that are subject to special exception use permit as set forth herein must comply with the provisions of § 199-11 hereof.
Temporary signs may be commercial or noncommercial, and freestanding
or placed in the window of an occupied building, provided that:
A.Â
All temporary signs are posted on private property by the property
owner, or with the permission of the property owner, and must be set
back at least three feet from the property line.
B.Â
The sign must not exceed six square feet, and may be no larger than
six square feet on each side if the sign is double-sided.
C.Â
A limit of five signs may be erected per property.
D.Â
Temporary signs may be posted for 21 days around an event, provided
that they are removed no later than five days after the corresponding
event.
E.Â
No temporary sign may be posted on public property.
F.Â
The total area of temporary signs placed in windows may not exceed
10% of the window area of each window in which a sign is placed.
G.Â
All temporary signs must contain sufficient information to easily
identify the owner of the sign.
H.Â
No fluorescent colors or reflective materials shall be used.
I.Â
No illumination shall be permitted.
The following signs shall require a special exception use permit issued by the Board of Trustees of the Village of Brewster, which shall be subject to the criteria set forth herein, and which shall be subject to the special exception use permit procedures set forth in § 263-20 of the Code.
A.Â
Types of signs permitted by special exception use permit:
(1)Â
Any sign, mural or message painted directly onto a building facade,
as long as the following criteria are met in addition to the other
criteria set forth in this chapter:
(a)Â
The size of the sign shall not exceed 75% of the wall area of
the wall upon which the sign, mural or message is placed.
(b)Â
There shall be no more than one sign per building, which shall
be located on only one side of that building.
(c)Â
The colors, if proposed to be different than otherwise permitted,
and design of the sign are approved by the Board of Trustees.
(d)Â
The type of paint used shall be weather-resistant.
(e)Â
The sign must be repainted as often as necessary to maintain
the sign.
(f)Â
Sufficient measures must be taken to ensure the safety of pedestrians
and automobiles traveling in the area where the sign is being painted.
(g)Â
A full and complete rendering of the sign must be submitted
to the Board of Trustees exhibiting the exact mural or painting that
is proposed, including an estimate of the time it will take to complete
the sign.
(3)Â
Pole sign, as long as the following criteria are met in addition
to the other criteria set forth in this chapter:
(a)Â
The size of the sign shall not exceed 30 square feet, excluding
the poles or posts, and the maximum height shall be 10 feet which
includes any base or pedestal.
(4)Â
Specialty signs, as long as the following criteria are met in addition
to the other criteria set forth in this chapter:
(5)Â
Marquee, as long as the following criteria are met in addition to
the other criteria set forth in this chapter:
(a)Â
Only if a marquee is a necessity of the operation of the business
operated at the location of the marquee.
(b)Â
If illuminated, it may be illuminated by direct or indirect
illumination.
(c)Â
The sign may not exceed 15 feet in height, including all supports.
(d)Â
The size of the sign may not exceed 12 square feet, excluding
supports.
B.Â
All signs permitted by special exception use permit must conform
to the following criteria to be approved by the Board of Trustees,
in addition to the criteria set forth herein for each particular sign
that is permitted by special exception use permit. The criteria set
forth herein may not be waived in whole or in part by the Board of
Trustees.
(1)Â
Each sign must be inherent to the type of business operated on the
premises upon which the sign is to be erected or constructed.
(2)Â
Each sign must be so closely associated with and common to the business
operated on the premises upon which the sign is to be located that
it may be considered necessary for the operation of the business.
(3)Â
No sign may be too dissimilar to the character of the surrounding
neighborhood, and must reasonably conform to the character of the
surrounding neighborhood.
(4)Â
In addition to the criteria set forth herein, each sign must also
conform to the sign standards and all other provisions of this chapter.
The following signs are permitted in all zoning districts in accordance with § 199-5 hereof and are exempt only from the requirements for a sign permit. An exemption from obtaining a sign permit shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition and for complete compliance with the requirements of this chapter.
A.Â
Memorial tablets, emblems, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
similar material as an integral part of the building. The total area
of said signs shall not exceed 1% of the area of the building wall
on which they are located or four square feet, whichever is smaller.
The area of said signs shall not be included in the maximum permitted
wall sign area.
B.Â
Traffic or other municipal signs, legal notices, railroad crossing
signs, danger signs, and such temporary emergency signs as may be
erected by the government or public utility employees in carrying
out their official work.
C.Â
Historic site and historic building plaques and markers subject to
the provisions of any applicable historic preservation ordinances.
D.Â
Names on mailboxes.
E.Â
Signs used on property warning the public against trespassing, parking,
or soliciting thereon.
F.Â
Temporary safety, traffic, directional, and warning signs approved
by the governmental agency having jurisdiction.
G.Â
Window and door signs and temporary signs attached to or painted
on windows and doors to indicate a suite number or apartment number
for address purposes only.
H.Â
Signs required by any provision of law or signs deemed necessary
to the public welfare by the governing body.
I.Â
For any residential premises for sale or rent, one temporary nonilluminated
"for rent" or "for sale" sign not over six square feet in area and
one "open house" sign not over four square feet in area. For any nonresidential
premises for sale or rent, one temporary nonilluminated "for sale"
or "for rent" sign not over 16 square feet located at least 15 feet
from any property line. Such signs shall not be embellished by balloons,
streamers or other distractive adornments and shall be placed only
on private property with the permission of the owner and shall in
no event be placed upon or over the street or road right-of-way. Real
estate "for sale" or "for rent" signs shall be removed within seven
days after the execution of a lease or closing of a sale.
J.Â
A nameplate sign, situated within the property lines and bearing
only the name and address of the principal occupant, provided that
the sign does not exceed 12 inches in height and 24 inches in length.
K.Â
Signs not exceeding one square foot in area designating or calling
attention to driveway entrances and exits.
L.Â
Signs erected to control the movement of traffic on a premises, provided
these signs shall provide traffic directions only and shall not be
used for any advertising purposes. These signs shall not exceed two
square feet in area and shall have been approved by the Planning Board.
M.Â
The American flag, and governmental flags displayed by recognized
governments or governmental agencies, provided such flags are displayed
in a respectful manner and in accordance with established or recognized
rules, standards and criteria as may be set forth from time to time
by resolution of the Board of Trustees of the Village of Brewster.
Any such flag shall be hung in a safe manner with adequate support
based on its size, weight, and exposure to wind in order to avoid
hazard to persons and property.
N.Â
Temporary signs as set forth in § 199-10 hereof and subject to the provisions of said section. Such signs shall not be embellished by balloons, streamers or other distractive adornments and shall be placed only on private property with the permission of the owner and shall in no event be placed upon or over the street or road right-of-way.
Any sign that is not expressly permitted by this chapter, or
permitted by special exception use permit pursuant to this chapter,
is expressly prohibited.
A.Â
Intent. This chapter is intended to encourage the eventual elimination
of signs which do not comply with this chapter.
B.Â
Amortization. A permanent sign not complying with this chapter, but
in place, by permit, on the effective date of this chapter, shall
be removed, or brought into compliance with this chapter, within three
years after the effective date of this chapter. Signs which were erected
without a sign permit and which are prohibited by this chapter shall
be removed. Signs in compliance with this chapter, but with no permit,
shall apply for a permit within three years from the date of enactment
of this chapter. An application may be made to the Board of Trustees
for an extension of the time period within which a sign must comply
with this chapter for the purposes of depreciation of the sign or
such other reasons as the Board of Trustees may find to be reasonable
and appropriate. This section shall not apply to temporary signs,
which shall have no amortization period and which shall immediately
comply with the provisions of this chapter.
C.Â
Continuance. A nonconforming sign may be continued during the amortization
period if it is maintained in good condition. It shall not, however,
be replaced by another nonconforming sign. A nonconforming sign may
not be structurally altered so as to prolong the life of the sign.
It may not be reestablished after damage or destruction if the Code
Enforcement Officer determines that the estimated cost of reconstruction
exceeds 50% of the estimated replacement cost.
D.Â
Nuisance. An unsafe or abandoned sign is declared a public nuisance,
which shall be abated by the owner within 30 days of receiving notice
from the Code Enforcement Officer.
Billboards are not permitted signs pursuant to the provisions
of this chapter. Billboards that were in place on the effective date
of this chapter shall be removed within the time period specified
below, based upon each billboard's fair market value at the time
of the enactment of this chapter.
|
Fair Market Value
|
Number of Years
|
|---|---|
|
Under $1,999
|
3
|
|
$2,000 to $3,999
|
4
|
|
$4,000 to $5,999
|
6
|
|
$6,000 to $7,999
|
7
|
|
$8,000 to $9,999
|
9
|
|
$10,000 and over
|
10
|
A.Â
No sign or other advertising structure as regulated by this chapter
shall be erected at the intersection of any streets in such a manner
as to obstruct free and clear vision; or at any location where by
reason of the position, shape or color it may interfere with, obstruct
the view of, or be confused with any authorized traffic sign, signal
or device, or which makes use of the words "stop," "look," "drive-in,"
"danger," or any other word, phrase, symbol or character in such manner
as to interfere with, mislead or confuse traffic. This shall not prohibit
signs in private parking lots as directed by the Planning Board.
B.Â
No sign shall be erected, relocated or maintained so as to prevent
free ingress to or egress from any door, window or fire escape.
C.Â
Sign lighting. Illuminated signs may be directly or indirectly lighted
in accordance with this chapter, provided that they comply with the
following standards:
(1)Â
Illumination of directly illuminated signs shall be of the diffused
lighting type.
(2)Â
Indirectly illuminated signs with external spot or flood lighting
must be arranged such that the light source is directed away from
passersby. The light source must be directed against the sign such
that it does not shine into adjacent property or cause glare for motorists
and pedestrians.
(3)Â
Noticeable raceways and transformers for individual letters are prohibited.
Sign installation details shall indicate the location of the transformer
and other mechanical equipment.
(4)Â
Floodlights or spotlights used for the illumination of signs, whether
such lights are attached to or separate from the building, shall not
project light beyond the sign. Gooseneck reflectors and lights shall
be permitted, provided that the reflectors shall be provided with
proper glass lenses concentrating the illumination upon the area of
the sign so as to prevent glare upon the street or adjacent property.
(5)Â
Flashing signs and neon signs are prohibited.
(6)Â
All lighting shall be shielded to prevent light spillage in accordance
with this chapter.
D.Â
All lighting in connection with signs shall be extinguished by 11:00
p.m. prevailing time, or at the close of the business or activity
services by said signs or lights, whichever is earlier; provided,
however, that the Code Enforcement Officer may authorize exterior
lighting at additional hours to assist in the protection of properties
which otherwise may be subject to this section when so recommended
by the Village of Brewster Police Department.
E.Â
Moving, revolving or animated signs, or signs embellished by balloons,
streamers or other distractive adornments are prohibited.
A.Â
Material. Signs shall be constructed of quality materials in accordance
with this chapter and completed with durable finishes.
B.Â
Codes. All signs shall conform to the latest edition of the applicable
building and electrical codes.
C.Â
Fastenings. All signs must remain safe and secure during the period
of use. All parts of the signs, including bolts and cables, shall
remain painted, and free of corrosion.
D.Â
Fire escapes. A sign may not obstruct a fire escape.
E.Â
Lighting. External lighting shall be shielded from view and shall
be focused upon the sign to avoid stray lighting. Flashing, rotating,
and intermittent lighting are prohibited.
F.Â
Proximity to electrical conductors. Signs and all supporting structures
shall be no closer to electrical utilities than is permitted by applicable
codes. No sign, including cables and supports, shall, in any event,
be within six feet of any electrical conductor, electrical light pole,
electric street lamp, traffic light, or other public utility pole.
G.Â
Sanitation. Property surrounding any ground sign shall be maintained
in a clean and sanitary condition. It shall be free from weeds, rubbish,
and flammable material.
H.Â
Landscaping. The area beneath and around a monument sign shall be
landscaped with plants, ground cover and materials so as to complement
the site and integrate the sign with buildings, parking areas, surrounding
vegetation and natural features of the landscape.
I.Â
Responsibility for compliance. The owner of the parcel on which a
sign is placed and the tenant are each fully responsible for the condition
and the maintenance of the sign, and the area around the sign.
A.Â
A comprehensive signage program (the "program") is required of two
or more businesses that share a common zoning lot or parcel, or a
commercial development that includes multiple entrances for commercial
spaces. This includes directional/directory and identification signage.
The program is a sign system intended to create visual and aesthetic
harmony among the signs within the program area and compatibility
with surrounding establishments and structures. The program shall
include specifications for all signs within the program area, including
but not limited to the following: sign type, lettering or graphic
style, size, shape, scale, colors, lighting, materials, installation,
and position on site plan. The complete sign program, including actual
material and samples, must be presented to the Building Department,
and must receive the approval of the Planning Board.
B.Â
Prior to the acceptance of any individual sign applications for a
building subject to the program, the program shall be proposed by
the property owner or applicant, and shall be subject to review and
approval in accordance with the standards set forth by the Planning
Board and the Building Department. All approved programs shall remain
on file with the Building Department.
C.Â
Once a program has been approved by the Planning Board, individual
sign applications shall be reviewed by the Building Department to
ensure compliance with the program and with all applicable building
codes, rules and regulations.
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.
Any person, corporation, firm, association, organization or
other entity who violates any provision of this chapter shall be guilty
of a violation and, upon conviction thereof, shall be punishable for
each offense by a penalty of not more than $250 or by imprisonment
for not more than 15 days, or both. A person, corporation, firm, association,
organization or other entity who violates this chapter after having
been convicted of a violation of this chapter within the preceding
three years, upon conviction thereof, shall be punishable by a penalty
not greater than $350 and/or not more than 15 days in jail; and further
provided that a person, corporation, firm, association, organization
or other entity who violates this chapter after having been convicted
two or more times of a violation of this chapter within the preceding
three years, upon conviction thereof, shall be punishable by a penalty
not greater than $500 and/or 15 days in jail. Each day that a violation
of this chapter shall continue shall constitute a separate offense.
