All signs hereafter constructed, erected, painted
or otherwise established, moved, altered or changed within the limits
of the Village of Ellenville shall comply with the following regulations.
Signs shall not hereafter be erected, structurally
altered, enlarged or relocated within the Village, except as specifically
exempted below, unless a permit has been obtained from the Building
Inspector. Such permit shall only be issued following submission,
review and approval of an application in accordance with the requirements
set forth below and payment of the required fee in accord with the
schedule established by the Village Board.
A permit shall not be issued for any type of new sign if any other sign exists on the premises which has been determined to be nonconforming in accord with the procedures set forth in § 227-43.
A permit shall not be required for the repainting
or refurbishing of an existing sign.
Application for a sign permit shall be made
on a form designed for that purpose and provided by the Building Inspector
and shall include:
A.
A scale drawing of the sign which shows the content
and the proposed location of the sign.
B.
A drawing, with appropriate notes, describing the
construction of the sign and, where appropriate, the method of attachment
to the building.
C.
A description or sample of the predominant material
of which the proposed sign will be made.
D.
A description of the proposed method, if any, of sign
illumination.
The Building Inspector shall review all sign
applications and approve, disapprove or approve with modifications
the permit therefor within 30 days of receipt of the application.
The following signs do not require a permit:
A.
Memorial plaques, cornerstones, historical tablets
and the like.
B.
Signs not visible from outside the lot upon which
they are situated.
C.
Business or professional nameplates of a permitted
use affixed to a building which do not, in total, exceed an area of
four square feet.
D.
Identification signs posted in conjunction with doorbells
or mailboxes not exceeding a total of 30 square inches in surface
area.
E.
Not more than one address sign, with a surface area
of two square feet or less, per street frontage which indicates the
numerical address (in numbers or script) of the premises on which
it is situated and the name of the occupant.
F.
One temporary sign per street frontage advertising
the sale, lease or rental of the premises upon which it is located
which shall not exceed six square feet and, if freestanding, not be
located nearer than 15 feet to a street or property line. Should such
sign be in place for longer than 90 days, it shall no longer be exempt
from the requirement for a sign permit or any other applicable requirement
of these regulations.
G.
Cautionary, directional, regulatory, warning or informational
signs of a noncommercial nature which are in the public interest,
such as, but not limited to, "danger," "no trespassing," "exit," "entrance,"
"parking," "one-way," "no entrance," etc. Such signs shall not exceed
two square feet each.
H.
Political signs. A sign designed to influence the
action of voters for the passage or defeat of a measure or the election
of a candidate to a public office at a national, state or other local
election, provided that such sign complies with the following conditions:
[Added 2-28-1994 by L.L. No. 3-1994]
(1)
Such signs shall be stationary, unlighted and temporary.
(2)
Such signs shall be displayed no earlier than 30 days
prior to the applicable voting day and shall be removed five days
after a voting day.
(3)
Such signs may not exceed 16 square feet in area.
(4)
A maximum of two signs per lot is permitted.
The following general regulations and restrictions
shall apply in all districts:
A.
Advertising signs, including the type commonly known
as "billboards," are not permitted in any district, except that signs
for the purpose of directing persons to a local hotel or seasonal
guest resort may be erected in Districts B-1, B-2 and B-3, provided
that such signs shall not exceed four square feet in area per hotel
or guest resort and shall conform to the applicable regulations in
such districts.
B.
Standard methods of constant illumination shall be
permitted on any sign, provided that the illumination shall be concentrated
upon the area of the sign so as to prevent direct glare upon the street
or adjacent property.
C.
Except for clocks and customary time and temperature
devices, no sign shall contain intermittent, moving or flashing illumination.
D.
Signs with visible moving, revolving or rotating parts
are prohibited.
E.
No sign shall be erected in such a manner as to obstruct
free and clear vision for drivers; interfere with, mislead or confuse
traffic; or be located where, by reasons of its position, shape or
color, such sign may interfere with, obstruct the view of or be confused
with any authorized traffic sign, signal or device by making use of
the words "stop," "look," "danger" or any other word, phrase, symbol
or character or red, green or amber illumination or reflection.
F.
The erection, installation or maintenance of the following
temporary signs, as defined herein, is permitted only in accord with
the following conditions and subject to the issuance of a temporary
permit by the Building Inspector.
(1)
A mobile sign, whether or not on wheels. However,
if located anywhere within a lot or premises for 15 consecutive days
or any 30 days within the same calendar year, such sign shall be subject
to all provisions of these regulations, including those as to size,
location, illumination and construction, as if they were permanent.
The provisions of this subsection shall apply to all mobile signs
located in the Village of Ellenville as of the date of adoption of
these regulations as well as any such signs erected in the future.[1]
[1]
Editor's Note: Former Subsection F(2), dealing
with signs erected by nonprofit organizations, which immediately followed
this subsection, was repealed 2-28-1994 by L.L. No. 3-1994, which
local law also provided for the renumbering of former Subsection F(3)
as Subsection F(2).
(2)
A single temporary sign, not exceeding 32 square feet
in area, which announces anticipated occupancy of a site or building
or identifies the contractors, architects, engineers, etc., on a building
under construction, for a period not to exceed six months.
G.
Signs made of cardboard, paper, canvas or similar
impermanent materials may not be placed on the exterior of any building.
H.
Signs, including election campaign signs and other signs not requiring
permits, may not be located between sidewalks and road pavement.
[Added 6-11-2012 by L.L. No. 3-2012]
I.
The Village of Ellenville may immediately remove signs not complying
with this section, without notice and stored by the Village, and thereafter
attempt to identify and contact the property owner or the sign owner.
Five days from the date the Village attempts to notify the property
owner or sign owner to retrieve the sign from the Village, the Village
may discard the sign.
[Added 6-11-2012 by L.L. No. 3-2012]
In addition to those signs listed in § 227-38 above, which are exempt from these regulations, the following signs are permitted in residential and/or residential/office districts:
A.
An announcement sign of a club, lodge, religious institution, school or similar permitted semipublic use, no greater than eight square feet in area, shall be permitted on the premises upon which it stands. Such a sign may be illuminated, provided that such lighting is not of intermittent or varying intensity such as to produce a direct glare beyond the limits of the property line. Such sign may be affixed to the structure or may be freestanding in accord with the provisions of § 227-40B.
B.
One freestanding sign shall be allowed for each permitted
nonresidential use in a residence district, excluding home occupations,
and for all uses in a residence/office district, subject to the following
requirements:
(1)
Such sign shall only indicate the name and profession,
business or other title of the permitted use on the same property.
(2)
The principal building housing the use to which the
sign pertains shall be set back at least 25 feet from the street line.
(3)
The freestanding sign shall not exceed an area of
10 square feet; no part of such sign shall be higher than eight feet
above grade; and such sign shall be set back at least five feet from
any property line.
Signs in business and industrial districts are
permitted, provided that such signs or lettering contain only the
name or names of the lawful owners or occupants, or their trademarks,
and shall identify only the business, profession, general goods or
services conducted or dispensed on the premises. Such signs shall
also comply with the following regulations.
A.
Wall signs.
(1)
One wall sign shall be permitted on each wall for
each nonresidential use in a structure.
(2)
Wall signs shall not project more than 12 inches from
the wall to which they are affixed.
(3)
Wall signs shall not extend above or beyond the face
of the wall in any direction and shall not extend above the bottom
of the sill of second story windows or 15 feet above grade level.
(4)
In business districts (B-1, B-2 and B-3), the aggregate
area, in square feet, of all signs on any wall shall not be greater
than twice the length, in feet, of such wall.
(5)
In industrial districts (I-1 and I-2), the aggregate
area, in square feet of all signs on any wall shall not exceed the
length, in feet, of such wall.
B.
Overhanging signs.
(1)
Each establishment in a business district shall be
permitted one overhanging sign for each frontage on a public right-of-way.
No more than one such sign may be located on each frontage.
(2)
The distance between the faces of overhanging signs
shall not exceed six inches, however, internally illuminated signs
may have a dimension between faces of six inches to 12 inches.
(3)
Overhanging signs shall not exceed an area of 12 square
feet per face, and the outer edge of such sign shall not extend more
than 54 inches from the face of the building to which it is applied.
(4)
The bottom edge of an overhanging sign shall be no
less than eight feet nor more than 15 feet above the ground and shall
not extend into any access drive which is intended for use by service
or emergency vehicles.
(5)
No part of an overhanging sign shall extend within
two feet of the curbline of any public street or right-of-way.
C.
Freestanding signs.
(1)
Where a building is set back at least 15 feet from
the street, one freestanding sign shall be permitted on each frontage
of a property on a public street. However, not more than one such
sign shall be located within 200 feet of the same intersection. No
part of any freestanding sign or its support shall be located within
six feet of any building or extend beyond any street line.
(2)
The area of freestanding signs shall not exceed 36
square feet per sign face.
(3)
No part of any freestanding sign shall be higher than
15 feet above grade.
D.
Marquee, canopy and balcony signs. Signs may be hung
from or attached to the underside of or affixed to the edge of a marquee,
canopy or balcony, either parallel or perpendicular to the face of
the building to which attached. Such sign shall not exceed an area
of eight square feet and shall not extend above or beyond the front
or side edge of the marquee, canopy or balcony in any direction. The
bottom edge of such sign shall be at least eight feet above the ground
and shall not extend within two feet of the curbline of any street
or right-of-way.
E.
Iconic signs. Iconic signs, such as barber poles,
eyeglasses, mortar and pestle, etc., which are traditional in nature,
shall be permitted as long as they comply with the pertinent regulations
pertaining to size and location herein.
F.
Roof signs. Roof signs shall only be permitted upon
approval of a special permit by the Planning Commission based on a
finding that no other suitable location for signage exists on the
building or property. If permitted, such sign shall not exceed 30
square feet in area nor extend more than five feet above the lowest
point of the roof.
G.
Window signs. Temporary interior signs affixed to
or within three feet of the inside of a display window announcing
special sales or events shall be permitted in any business district,
provided that such signs shall not cover more than 60% of the window
area to which they are affixed and shall be removed within 15 days.
A.
Upon a finding by the Building Inspector that any
sign regulated herein is unsafe or insecure, or is a menace to the
public, or has been erected in violation of the provisions of this
chapter, or advertises, identifies or pertains to an activity no longer
in existence, except as provided hereinafter, the Building Inspector
shall give written notice to the permittee thereof. This provision
shall not apply to seasonal activities during the regular period in
which they are closed.
B.
If the permittee fails to remove or alter the sign
so as to comply with the standards herein set forth within 14 days
after such notice, such sign may be removed or altered to comply by
the Building Inspector, at the expense of the permittee or owner of
the property on which it is located. The Building Inspector shall
refuse to issue a new permit to any permittee or owner who refuses
to pay 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.
C.
If a property owner fails to comply with any of the provisions of § 227-38H of the Code of the Village of Ellenville, then, in addition to any and all other remedies available to the Village of Ellenville in accordance with this chapter, the Building Inspector shall be authorized to give the property owner written notice of the failure to comply with said provisions of said § 227-38H of this chapter. If the property owner fails to correct the violation within three days after such written notice is sent to him, the violating sign may be removed or altered to comply by the Building Inspector, at the expense of the owner of the property on which the violating sign is located. The Building Inspector may also cause any sign which is in immediate peril to persons or property to be removed summarily and without notice. The provisions of this Subsection shall be in addition to any and all other remedies available to the Village of Ellenville as a result of noncompliance, including the provisions of §§ 227-104 through 227-108 of this chapter.
[Added 2-28-1994 by L.L. No. 3-1994]
A.
The Building Inspector shall review any existing sign
that was in place prior to the date of adoption of this chapter and
determine whether the sign conforms to the requirements of this chapter.
C.
A sign determined to be nonconforming shall not be
physically altered or enlarged. The relettering, painting, decorating
or normal maintenance of such sign shall be permitted. However, any
such sign, once removed for purposes other than relettering, painting,
decorating or maintenance, shall be deemed permanently removed and
may be replaced only in accordance with the provisions of this chapter.
