[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 11-14-2006 by L.L. No. 16-2006. Amendments noted
where applicable.]
This chapter shall hereafter be known and cited
as the “Sign Local Law of the Town of Clarkstown” and
shall include this chapter, Table 1 of this chapter and the Sign Design
Guidelines.[1]
[1]
Editor's Note: Table 1 and the Sign Design
Guidelines are included at the end of this chapter.
The intent and purpose of these regulations
is to establish a reasonable framework for signage and to facilitate
easy and agreeable communication, at the same time recognizing the
need to protect the safety and welfare of the public, to maintain
attractive appearance in the community and to allow adequate business
identification. It is the further intent of these regulations to maintain
a balance between the commercial needs of business enterprises and
their visual impact on residents and visitors of the Town. To these
ends, the regulations seek to ensure signs visible to the general
public that:
A.
Are compatible with their surroundings and consistent
with the objectives of proper design and zoning amenities.
B.
Allow and promote optimum conditions for meeting sign
user's needs while at the same time promoting an attractive environment
desired by the general public.
C.
Are designed, constructed, installed, and maintained
in such a manner that they do not endanger public safety or traffic
safety.
D.
Are visible and legible in terms of the message they
are intended to convey.
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 Town
of Clarkstown, 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.
See "projecting sign."
[Added 8-21-2012 by L.L. No. 3-2012]
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, either freestanding or attached to a building
wall and supported totally or partially by the ground below.
A sign designed to allow changing of copy manually.
Three-dimensional individually cut letters or figures, illuminated
or unilluminated, 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 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 sign that is not attached to a building.
[Added 8-21-2012 by L.L. No. 3-2012]
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. Hanging signs shall not exceed four square
feet and shall be hung no higher than 12 feet nor lower than eight
feet above the surface below.
[Amended 8-21-2012 by L.L. No. 3-2012]
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 sign
permit and complying with all regulations in effect at the time of
its construction, placement or use.
[Amended 8-21-2012 by L.L. No. 3-2012]
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 that does not comply with
the regulations of this chapter and for which the amortization period,
10 years after the effective date of this chapter, has expired (November
14, 2016).
[Amended 8-21-2012 by L.L. No. 3-2012]
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 window sign displayed for over 30
days
Prohibited signs as listed in § 243-5.
[Added 8-21-2012 by L.L. No. 3-2012]
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.
An open or covered regional mall situated within an MRS Zoning
District or approved and developed under the MRS regulations.
[Added 8-21-2012 by L.L. No. 3-2012]
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.
A freestanding ground 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 to a structural
frame designed with two supporting columns.
[Amended 8-21-2012 by L.L. No. 3-2012]
A freestanding ground sign with a lower height configuration.
Such signs are appropriate for buildings that are separated from adjacent
streets by substantial setbacks, for instances where an attached sign
cannot be reasonably placed and for gasoline service stations; see
243-11H(1)(d).
[Added 8-21-2012 by L.L. No. 3-2012]
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.
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 single freestanding pole or other support
so that the bottom edge of the sign face is six feet or more above
finished grade (same as pylon sign). Monument and pole signs differ
in that monument signs appear grounded and substantial while pole
signs appear afloat and stranded.
[Amended 8-21-2012 by L.L. No. 3-2012]
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 non-business hours.
A sign, attached to a building, the face of which is perpendicular
or nearly perpendicular to the building wall.
[Amended 8-21-2012 by L.L. No. 3-2012]
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.
See "major regional shopping center."
[Added 8-21-2012 by L.L. No. 3-2012]
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.
A shopping center or strip mall containing three or more
retail stores.
[Added 8-21-2012 by L.L. No. 3-2012]
Any announcement, declaration, demonstration, billboard display,
illustration, symbol, token, figure, device, design, image 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
display of merchandise and products inside a building and located
at least two feet from a window shall not be considered a sign.
[Amended 8-21-2012 by L.L. No. 3-2012]
The area including the frame or edge of the sign; where the
sign has no such frame or edge, 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, adopted as an integral part of Chapter 243, that apply to all nonresidential properties within the Town of Clarkstown. These guidelines are intended to assist applicants, design professionals and the Clarkstown Architectural Historic Review Board in the review and approval process.
[Amended 6-28-2016 by L.L. No. 8-2016]
The distance from the designated street line to the nearest
part of the sign or sign structure.
[Added 8-21-2012 by L.L. No. 3-2012]
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).
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 may be considered
one window if they are adjoining on the building face and are less
than six inches apart.
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.
[Amended 8-21-2012 by L.L. No. 3-2012]
The signs, devices and installations listed below are prohibited
anywhere in the Town of Clarkstown.
A.
Flashing, moving, animated, digital (except time or
temperature), or fluttering signs and signs that emit smoke, visible
vapors or particles, sound or odor.
B.
Signs affixed to the exterior of a window or glass.
C.
Signs of such design and location that they interfere
with, compete for attention with or may be mistaken for a traffic
signal.
D.
Freestanding or projecting signs within an area bounded
by the intersection of the right-of-way of two or more streets and
located within 30 feet from such intersection along the rights-of-way
of such streets, except informational signs erected by a governmental
body.
E.
Exterior signs containing excessive product or service
advertising or trade names.
F.
Flags, banners and pennants.
G.
Billboards.
H.
Signs that are displayed in such a manner as to be
hazardous to traffic or disturb occupants of any other building.
I.
Interior or exterior neon designs or neon signs framing windows.
J.
Signs attached to or incorporated onto a light pole.
K.
Window and door signs that exceed 15% of the glass
area and temporary window and door signs that exceed 10% of the glass
area.
L.
Signs erected or located on, within or over any public
right-of-way, unless specifically permitted herein.
M.
Except as otherwise permitted in this chapter, signs
which are not accessory to a use located on the premises.
N.
Highly reflective glass or fluorescent paint in red,
green or amber.
O.
Any sign erected, constructed, or maintained above the primary roof
or roof peak of a building.
P.
Internally lit "can" or cabinet signs with transparent
backgrounds.
Q.
Portable signs or devices.
R.
Bench signs.
S.
Inflatable signs or devices.
T.
Pole or pylon signs.
U.
Signs affixed to a vehicle or trailer, parked in view of the general
public, with the intent of providing advertisement of products, services
or directing people to a business or activity.
[Amended 8-21-2012 by L.L. No. 3-2012]
The following signs are permitted in all zoning and overlay
districts and are exempt only from the requirements for a sign permit.
Exemption from a sign permit shall not be constructed 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.
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.
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.
Historic site and historic building plaques and markers
subject to the provisions of any applicable historic preservation
ordinances.
D.
Names on mailboxes.
E.
Signs used on property warning the public against
trespassing, parking, or soliciting thereon.
F.
Temporary safety, traffic, directional, and warning
signs approved by the governmental agency having jurisdiction.
H.
Signs required by any provision of law or signs deemed
necessary to the public welfare by the governing body.
I.
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 "open house" signs not over four square feet
in area per sign. 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. However, real estate "for rent" or "space available" signs
that are maintained for a period longer than six months shall be considered
a permanent sign, shall not exceed 16 square feet in area and shall
meet the requirements for permanent signs, including application for
a sign permit and approval of the Architectural Historic Review Board.
[Amended 6-28-2016 by L.L. No. 8-2016]
J.
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. An additional sign, of the same size (12 inches by 24 inches),
may be erected for a legally permitted home occupation.
K.
Signs not exceeding one square foot in area designating
or calling attention to driveway entrances and exits.
L.
Signs erected to control the movement of traffic on a nonresidential
premises, provided these signs shall provide traffic directions only
and shall not be used for any advertising purposes. These signs shall
not exceed four square feet in area and shall have been approved by
the Architectural Historic Review Board.
[Amended 6-28-2016 by L.L. No. 8-2016]
M.
Signs denoting the name of the owner, developer, architect,
engineer or contractor, or the prospective use, when placed upon work
under construction, and not exceeding 32 square feet in area, provided
the same are set back at least 15 feet from the curb and further provided
the same are removed within 24 hours after the final certificate of
occupancy is issued.
N.
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. 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.
O.
Temporary political signs promoting the election of
individuals to public office, provided they shall be removed within
five days following the election. 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.
P.
Signs and displays, customary to drive-through facilities associated
with retail sales and services, when installed with and accessory
to a sign application and/or building review approved by the Architectural
Historic Review Board.
[Amended 6-28-2016 by L.L. No. 8-2016]
A.
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, phase, 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.
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.
Sign lighting. Illuminated signs may be directly or
indirectly lighted, provided that they comply with the following standards:
(1)
Illumination of directly illuminated signs shall be
of the diffused lighting type.
(2)
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)
Noticeable raceways and transformers for individual
letters are prohibited. Sign installation details shall indicate the
location of the transformer and other mechanical equipment.
(4)
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.
D.
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 Building Inspector 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
Chief of Police of the Town of Clarkstown.
E.
Places of worship, schools and other institutional facilities, where
permitted, may display one freestanding ground sign and/or one wall
sign, not exceeding 64 square feet in total area, identifying the
name of the facility and pertinent information relating to its activities.
The freestanding sign shall be located no closer than 15 feet to a
property line or street right-of-way line and shall not exceed six
feet in height. In addition, there may be erected one bulletin board
sign, no larger than 12 square feet or six feet in height, provided
it is not an animated or moving sign.
[Amended 8-21-2012 by L.L. No. 3-2012]
F.
All sign permit applications for a property designated
as an historic structure or located within an historic area shall
be referred to the Clarkstown Architectural Historic Review Board
for its review and approval.
[Amended 6-28-2016 by L.L. No. 8-2016]
A.
Enforcement. The Building Department shall administer
and enforce this chapter.
B.
Permit. A permit is not required for signs exempt
from a permit.[1] A permit must be obtained from the Building Department
for all other signs. Upon receipt of a sign permit application the
Building Inspector shall review the application for completeness.
When satisfied that all the required submittals are present the Building
Inspector shall refer the application to the Architectural Historic
Review Board for its review and determination. No sign may be erected,
repaired, altered or restored without the approval of the Architectural
Historic Review Board. No sign with over 10 square feet of sign area
shall be located so as to be visible from the Palisades Interstate
Parkway, unless such sign is at least 500 feet from the Parkway right-of-way.
Within 660 feet of the New York Thruway, all signs must have the permission
of the Thruway Authority.
[Amended 6-28-2016 by L.L. No. 8-2016]
C.
Standards. The standards found within this chapter, including the
requirements of Table 1 of this chapter and the Sign Design Guidelines,
shall govern the review and determination process of the Architectural
Historic Review Board. Approval shall be granted only after the applicant
has demonstrated substantial compliance with the governing standards
and guidelines. The dimensions found within this chapter pertaining
to sign area and sign height are the maximum allowed; however, in
many instances, the sign area and sign height approved by the Architectural
Historic Review Board will be less than the maximum. The Architectural
Historic Review Board may, however, for good reason and in unique
circumstances, adjust the application of these standards. Such increase
or adjustment shall not exceed 25% of the standard and shall only
be permitted with an affirmative vote of a supermajority of the Commission.
[Amended 8-21-2012 by L.L. No. 3-2012; 6-28-2016 by L.L. No.
8-2016]
D.
Application. Applications for sign permits shall be
made upon the forms provided by the Building Department for this purpose.
The application shall contain the information as outlined on the sign
permit checklist.
E.
Sign contractors. Only those persons, firms or corporations licensed under the provisions of Chapter 244 of the Clarkstown Town Code shall engage in the business of erecting, altering, repairing or restoring any sign for which a permit is required.
F.
Permit fees. Permit fees for signs shall be established
by the Town Board.
G.
False information. A person providing false information
under this chapter shall be guilty of a misdemeanor and not eligible
to apply for a permit under this chapter for 12 months from date the
Building Inspector determines false information was presented.
H.
Certificate of completion. Within 30 days of the completion
of the sign(s) installation an application shall be submitted to the
Building Inspector for a certificate of completion. The application
shall include color photographs of the installation and, when required
by the Building Inspector, a certified survey depicting the location
of the freestanding sign(s) on the property. For signs that are indirectly
illuminated, an electrical certificate must be issued by a Town-approved
inspection agency and submitted to the Building Inspector. No certificate
of occupancy will be issued for any use until a certificate of completion
for the sign installation has been issued.
I.
Permit void. A sign permit shall be void if the sign authorized thereunder
has not been erected within 18 months from the date of issuance. The
owner or applicant of said sign shall be responsible for obtaining
a certificate of completion within this established time period.
[Added 8-21-2012 by L.L. No. 3-2012]
A.
Material. Signs shall be constructed of high-quality
materials and completed with durable finishes.
B.
Codes. All signs shall conform to the latest edition
of the applicable building and electrical codes.
C.
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.
Fire escapes. A sign may not obstruct a fire escape.
E.
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.
Identification. All signs for which a permit is required
shall identify, upon the sign, the name and telephone number of the
person responsible for the sign, the name and telephone number of
the licensed sign contractor, the sign permit number and the Underwriter's
Laboratory seal of acceptance.
G.
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.
H.
Sanitation. Property surrounding any monument sign shall be maintained
in a clean and sanitary condition. It shall be free from weeds, rubbish,
and flammable material.
[Amended 8-21-2012 by L.L. No. 3-2012]
I.
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.
J.
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.
The following signs are permitted in residential
districts:
A.
Signs exempt from a permit where applicable to the
use on the property.
B.
Signs pertaining to places of worship, schools and other institutional facilities as provided in § 243-7E.
[Amended 8-21-2012 by L.L. No. 3-2012]
C.
Multi-family housing developments may display one indirectly illuminated,
freestanding identification sign at each street entrance to the development,
designating only the name of the development, the address and name
of the owner and the names of any buildings located therein, provided
that the maximum sign area of said sign shall not exceed 24 square
feet and that the sign is set back 10 feet from the designated street
line.
[Amended 8-21-2012 by L.L. No. 3-2012]
[Amended 8-21-2012 by L.L. No. 3-2012]
In the business, commercial and industrial districts, signs
are permitted as hereinafter regulated or where exempt from a permit.
A.
Signs pertaining to places of worship, schools and other nonprofit, institutional facilities as provided in § 243-7E.
B.
A business or commercial establishment shall be permitted a sign or signs as outlined in Chapter 243, Table 1,[1] and as described in the Sign Design Guidelines. Permission to erect a temporary sign may be requested where there is a delay caused by design issues, excessive financial burden, or similar difficulty in complying with the more stringent requirements of this chapter. A temporary sign may be placed for a period of no more than six months upon approval of the Architectural Historic Review Board of such temporary sign and the proposed permanent sign. The business for which a temporary sign is approved shall be restricted to a temporary certificate of occupancy until such time when a permanent sign is approved and erected. Failure to erect a permanent sign within six months will result in the revocation of the temporary certificate of occupancy and prosecution pursuant to § 109-15 of the Town Code. Temporary signs shall comply with the same dimensional regulations that govern permanent signs.
[Amended 6-28-2016 by L.L. No. 8-2016]
[1]
Editor's Note: Table 1 is included at the end of this chapter.
C.
Master sign program. A master sign program is required for any project
that has five or more business or office uses. No permit shall be
issued for an individual sign requiring a permit on a site with five
or more existing or proposed business spaces unless and until a master
sign program for the property on which the sign will be erected has
been approved by the Architectural Historic Review Board. Owners of
two or more contiguous lots or the owner of a single lot with more
than one building may voluntarily file with the Town a master sign
program conforming to the provisions of this chapter. In some instances,
the approved master sign program may include a unique freestanding
sign that is otherwise not defined or permitted in this chapter. For
example, such a sign may comprise a freestanding architectural element
with four walls, designed specifically to support the sign identifying
a shopping center. Such an architectural feature is permitted, subject
to the review and approval process called for in this section, as
long as it is intended to be an integral part of the design of the
project. The master sign program shall conform to and complement the
architectural design and character of the structures erected or to
be erected on the property in which it is proposed.
[Amended 6-28-2016 by L.L. No. 8-2016]
(1)
Application content. A master sign program application shall include
the following:
(a)
An accurate plot plan of the lot, at such a scale as the Architectural
Historic Review Board may require.
(b)
Location of buildings, parking lots, driveways, and landscaped
areas on the lot.
(c)
Computation of the maximum total sign area, the maximum area
for individual signs, the height of signs, and the number of freestanding
signs allowed on the lot shall be included in the plan. All tenants
shall have signage in accordance with a master sign program and the
zoning district.
(d)
An accurate indication on the plot plan of the proposed location
and type of each present and future sign of any type, whether requiring
a permit or not (i.e., include directional signs, too).
(e)
Color scheme.
(f)
Lettering or graphic style.
(g)
Lighting.
(h)
Location of each sign.
(i)
Materials.
(j)
Sign dimensions.
(k)
Provisions for leasing information.
(l)
Amount of window signage, if any, and type (i.e., painted, etched
on glass).
(2)
Existing signs not conforming to a master sign program. If any new or amended master sign program is filed for property on which existing signs are located, it shall include a schedule for bringing them into conformance with the proposed master sign program. In no event shall such schedule for completion exceed three years or the amortization date, November 14, 2016, established in § 243-12B.
(3)
Binding effect. After approval of a master sign program, no signs
shall be erected, placed, painted, or maintained, except in conformance
with such plan, and such plan may be enforced in the same way as any
provision in this chapter. The master sign program shall be attached
to the lease agreements for all leasable space within the project.
In the case of any conflict between the provisions of such a plan
and any other provision herein, this section shall control. In order
to preserve the integrity of the master sign program, no business
or office included within a master sign program may elect to forgo
the placement of a sign.
(4)
Modification to an approved master sign program. The Architectural
Historic Review Board may approve minor modifications to an approved
master sign program with respect to colors, material, elevations,
site plans, landscape plans, lighting and other physical changes.
D.
Office buildings. Additional provisions are applicable to office
buildings with a gross floor area greater than 10,000 square feet.
(2)
Monument signs. One monument sign shall be permitted for each street
frontage.
|
The identification and monument signs shall comply with the
dimensions established for the zoning district in which it is located,
as set forth in Table 1[2] and elsewhere in this chapter.
|
[2]
Editor's Note: Table 1 is included at the end of this chapter.
E.
Shopping center developments. Additional provisions applicable to
shopping centers containing three or more tenants.
(2)
Signs attached to a building. Each tenant with business frontage
in a shopping center shall be permitted to have one or more wall-mounted
sign, for each business frontage, identifying the name of the business.
Such wall, hanging, projecting or other sign attached to the building
shall comply with the dimensions established for the zoning district
in which it is located, as set forth in Table 1[3] and elsewhere in this chapter. The Architectural Historic
Review Board may permit, where it deems it necessary, convenience
signs that convey helpful information to the public.
[Amended 6-28-2016 by L.L. No. 8-2016]
[3]
Editor's Note: Table 1 is included at the end of this chapter.
F.
Large retail establishments: Additional provisions applicable to
large retail establishments with a gross floor area greater than 30,000
square feet:
(1)
Monument signs.
(a)
A maximum of one monument sign is permitted at each road frontage
where there is vehicular access.
(b)
The maximum sign area shall be 100 square feet for each monument
sign permitted.
(c)
The maximum height and minimum setback of the monument sign
shall comply with the dimensions established for the zoning district
in which it is located, as set forth in Table 1[4] of this chapter.
[4]
Editor's Note: Table 1 is included at the end of this chapter.
(d)
The sign(s) may identify only the name and address of the large
retail establishment.
(e)
Temporary signs attached to the monument sign shall not be permitted.
(2)
Signs attached to a building.
(a)
One wall, hanging, projecting or other sign attached to a building
is permitted for each building frontage or building wall facing a
road where there is vehicular access. Such signs shall identify only
the name of the business. The Architectural Historic Review Board
may permit, where it deems it necessary, convenience signs that convey
helpful information to the public.
[Amended 6-28-2016 by L.L. No. 8-2016]
(b)
The maximum sign area allowed for all attached signs shall be
calculated as the lesser of one square foot of sign area for every
300 square feet of gross building area or 5% of the building frontage.
G.
Major regional shopping center signs. The following standards shall
apply to major regional shopping centers (the center), as defined
in this chapter.
(1)
Master sign program. Each such project shall be required to prepare
a master sign program, which shall be subject to review and approval
by the Architectural Historic Review Board. The master sign program
shall address each of the following types of signs which are proposed
to be constructed as part of the major regional shopping center.
[Amended 6-28-2016 by L.L. No. 8-2016]
(2)
Interior signs. All signs located inside the major regional shopping
center building(s) shall be exempt from Town review or approval.
(3)
Major regional shopping centers may install the following types of signs, subject to the regulations and requirements noted below, the Sign Design Guidelines, and the requirements of § 243-8 (Sign permit requirements).
(a)
Primary monument signs.
[1]
Location(s). A maximum of one primary monument sign shall be
permitted along each state or county highway frontage. Primary monument
sign locations shall be identified in the master sign program for
the center.
[2]
Primary monument sign height. The maximum height shall be 45
feet along a state highway and 25 feet along a county highway, measured
from finish grade of the adjacent entry drive or public roadway and
subject to approval by the Architectural Historic Review Board. The
Architectural Historic Review Board may require the applicant to prepare
a mock-up of the proposed sign, to be lifted by crane or other method,
to demonstrate the minimum height required for adequate visibility,
taking into account posted travel speed(s), line of sight obstructions
and distance from the roadway.
[Amended 6-28-2016 by L.L. No. 8-2016]
[3]
Primary monument sign area. Up to three sign faces per sign
shall be permitted. For signs placed on another structure, only the
area of the sign shall be measured.
[4]
Tenant identification on primary monument sign. Up to six tenant
panels may be identified on a primary entry sign, along with overall
site identification. The maximum sign area permitted is 200 square
feet, per face, for each monument sign. Included in the 200 square
feet of permitted sign area, a maximum sign area of 32 square feet,
per face, may be affixed for each anchor store or tenant with a gross
floor area greater than 20,000 square feet and included on the primary
monument sign. Each primary monument sign shall be located in a landscaped
area appropriate to the location and to be approved by the Architectural
Historic Review Board as part of the master sign program for the major
regional shopping center.
[Amended 6-28-2016 by L.L. No. 8-2016]
(b)
Secondary monument signs.
[1]
Location(s). A maximum of one secondary monument sign shall
be permitted along state or county road(s), at each vehicular access
to the center, and where there is no primary monument sign. Secondary
monument sign location(s) shall be identified in the master sign program
for the center.
[2]
Secondary monument sign height. The maximum height shall be
10 feet, measured from finish grade of the adjacent entry drive or
public roadway and subject to approval by the Architectural Historic
Review Board. The Architectural Historic Review Board may require
the applicant to prepare a mock-up of the proposed sign, to be lifted
by crane or other method, to demonstrate the minimum height required
for visibility, taking into account posted travel speed(s), line of
sight obstructions and distance from the roadway.
[Amended 6-28-2016 by L.L. No. 8-2016]
[3]
Secondary monument sign area. Up to three sign faces per sign
shall be permitted. For signs placed on another structure, only the
area of the sign shall be measured. The maximum sign area permitted
shall be 32 square feet, per face, for each secondary monument sign.
[4]
Primary monument and secondary monument sign: minimum landscape
requirements. Each secondary monument sign shall be located in a landscaped
area appropriate to the location and to be approved by the Architectural
Historic Review Board as part of the master sign program for the major
regional shopping center.
[Amended 6-28-2016 by L.L. No. 8-2016]
(c)
Major tenant signs. Two types of signs shall be permitted to
identify major tenants 20,000 square feet or greater) within the center:
primary and secondary. Standards for these sign types are as follows:
[1]
Number of signs.
[a]
Primary signs: one building-mounted sign per business
frontage on a parking lot or street and where the Architectural Historic
Review Board deems it necessary and appropriate; an additional marquee,
blade or surface-mounted sign(s) for major tenant(s) without entrances
on that frontage. Size of the additional sign(s) shall not exceed
200 square feet.
[Amended 6-28-2016 by L.L. No. 8-2016]
[b]
Secondary signs: one building-mounted sign per
customer entrance.
[2]
Size.
[a]
Primary signs: maximum size based on location of
sign on building:
[i]
Two and one-half square feet per linear foot of
building facing a parking lot for signs located 40 feet or less from
adjacent ground level.
[ii]
Three square feet per linear foot of building
facing a parking lot for signs located more than 40 feet above adjacent
ground level.
[iii]
Transfer of allowable square footage from one
building frontage to another is not permitted.
[b]
Secondary signs: Maximum of 30 square feet.
[3]
Overall height: no maximum.
[4]
Letter height: no maximum.
[5]
Logo height: no maximum.
[6]
Location: signs to be mounted to the major tenant's building
or to common shopping center buildings, or entry elements that provide
direct access to an entrance into the major tenant's building. Major
tenant sign(s) shall not be placed on any other building occupied
by another tenant.
[7]
Illumination: Signs may be internally or externally illuminated
or backlit.
|
Sign design and placement for major tenant identification signs
shall be approved by the Architectural Historic Review Board as part
of the master sign program for the center.
[Amended 6-28-2016 by L.L. No. 8-2016] |
(d)
Minor tenant signs.
[1]
Type and number of signs permitted.
[a]
A tenant's signage shall be based on the size and
style of the sign and lettering, the location of the sign within the
designated sign areas and the tenant's storefront and the cohesive
integration of the sign into the overall building design. All in-line
tenants shall be limited to signage on the exterior of the building
having customer entrances or having frontage on primary elevation
of the shopping center at the designated sign area.
[b]
Corner occupants shall also be permitted sidewall
signs in the designated sign area or within window glazing. Exterior
signage shall consist of the tenant's trade name and logo or insignia
only.
[c]
Restaurants in an open mall or freestanding outbuildings
shall be permitted to have one sign on each of the exterior facades
that surround their space. Exterior signage shall consist of the name
of tenant’s trade name, logo or insignia and may include taglines.
[Amended 8-20-2013 by L.L. No. 6-2013]
[d]
Users on the second level shall be permitted to
have one wall-mounted sign facing the main street with forty-two-inch
maximum letter height.
[e]
Additionally, tenants are permitted a sign over
their entrance, as an integral part of their storefront design.
[f]
Additionally, one non illuminated under-canopy
blade-type sign shall be permitted. Two blade signs shall be permitted
for corner locations.
[g]
Additionally, fixed or fabric awning signage shall
be permitted.
[h]
Additionally, small-scale signs on the storefront
glass, naming operating hours, address and contact information shall
be permitted.
[i]
Additionally, small-scale lettering at noncustomer/service
doors, naming the tenant and address, shall be permitted.
[j]
Building sign types may include internally illuminated,
pin-mounted, halo-illuminated, externally illuminated backlit and
marquee signs.
[k]
Signs with exposed lamps, flashing, moving, audible
signs or elements, and rooftop signs shall not be permitted.
[2]
Size of signs permitted.
[a]
Lettering shall be proportional to the width of
the tenant's business frontage and the designated sign area and in
any event shall not be greater than 42 inches in height. Tenants shall
be permitted 1.5 square feet of signage per lineal foot of business
frontage, up to a maximum of 150 square feet. Corner tenants', restaurants'
and freestanding tenants' sidewall signs shall be permitted to be
1.5 square feet per lineal foot of building facade, up to a maximum
of 150 square feet.
[b]
Projecting vertical or marquee signs perpendicular
to the face of the building shall not project more than six feet from
the face of the building and shall not exceed the height of the building
parapet.
(e)
Primary retail center entry signs.
[1]
Type and number of signs permitted. Primary retail center entry
sign locations shall be defined as part of the master sign program
for the regional shopping center. No specific limit is placed on the
number of signs.
[3]
Overall height: no maximum height.
[4]
Letter height: no maximum height.
[5]
Logo height: no maximum height.
[6]
Location: to be located at major pedestrian entrances into the
interior of the center, not including entrances through a tenant space.
Exact locations shall be determined as part of the master sign program
for the center.
[7]
Illumination: may be internally or externally illuminated or
backlit.
(f)
Secondary retail center entry signs.
[1]
Type and number of signs permitted. Secondary retail center
entry sign locations shall be designated in the master sign program
prepared for the center. No specific limit is placed on the number
of signs.
[2]
Size: 50 square feet maximum per secondary entry.
[3]
Overall height: no maximum height.
[4]
Letter height: no maximum height.
[5]
Logo height: no maximum height.
[6]
Location: to be located at secondary pedestrian entrances into
the interior of the mall, exact locations to be determined by the
Architectural Historic Review Board at the time of architectural/design
approval.
[Amended 6-28-2016 by L.L. No. 8-2016]
[7]
Illumination: may be internally or externally illuminated or
backlit.
(g)
Directional and informational signs at major regional shopping
centers.
[1]
Type and number of signs permitted. Allow use of pole-mounted
(directional) street signs, vehicular directional signs, pedestrian
directories with ad panels, building-mounted directional/informational
signs and decorative semipermanent banners/flags. Banners or flags
used as directional signs shall not be subject to regulations affecting
temporary advertising signs.
[4]
Letter/logo height: no maximum.
[5]
Location: Locations to be approved by the Architectural Historic
Review Board as part of the master sign program for the center. Directional
signs may be located on private property only.
[Amended 6-28-2016 by L.L. No. 8-2016]
[6]
Illumination: Pole-mounted (directional) street signs, vehicular
directional signs, building-mounted directional/informational signs
and banners/flags, may incorporate decorative or safety lighting,
but may not be internally lit. Pedestrian directories are permitted
to be internally illuminated.
[7]
Materials/maintenance: Materials and construction used in directional/decorative
signs shall be capable of sustaining an attractive appearance throughout
the projected lifetime of the sign, materials/construction specifications
to be approved as part of the master sign program for the center.
H.
Gasoline service station signs.
(1)
Freestanding signs.
(a)
A maximum of one monument sign or low profile
monument sign is permitted.
(b)
The maximum sign area of a monument sign, including
the sign frame, shall not exceed 80 square feet, inclusive of the
gasoline service station price sign. Such sign shall not be separated
from the gasoline price sign, but shall appear as a single integrated
sign.
(c)
A monument sign shall not exceed a height of
15 feet measured to the topmost portion of the sign, and the monument
sign shall be set back a minimum of 15 feet from any property line.
(d)
Low-profile monument signs are lower in height and are permitted
to be located closer to a lot line. The maximum sign area of a low-profile
sign, including the frame, shall not exceed 50 square feet, inclusive
of gasoline service station price sign.
(e)
A low-profile monument sign shall not exceed
six feet in height and shall be set back a minimum of five feet from
any property line.
(2)
Gasoline service station canopy signs.
(a)
A gasoline service station with a canopy shall
be permitted two canopy signs in total.
(b)
The canopy sign or signs shall collectively
not exceed 16 square feet in area.
(c)
The canopy sign shall be a flat sign permanently
affixed to the vertical face of the canopy and shall not project above
or below or from any side of the vertical face of the canopy.
(d)
The canopy sign may be illuminated by internal
and nonintermittent light sources.
(e)
A business logo, inclusive of striping or other
symbols, may appear on this canopy sign as part of the allowable sign
area. Any striped area of the canopy shall be counted towards the
permissible area of the sign.
(3)
Pump signs.
(a)
Signs shall be allowed on gasoline pumps so
as to provide the required information to the public regarding "octane
rating," "price," type of fuel," "federal and state stamps," "pump
use directions," and "no smoking."
(b)
The trade name and any associated symbols shall
be permitted on the sides of the pumps as flat signs located no more
than three feet above the ground and not to exceed one square foot
in sign area per pump.
(c)
"Self-service," "full-service" or other information
signs may identify each pump island on the gasoline service station
property. The location of such signs shall be limited to the gasoline
pump or the canopy support located at each end of the pump island
or between the canopy supports as a spandrel panel. A maximum of two
such signs shall be allowed per pump island, and each sign shall not
exceed two square feet in sign area when placed on the gasoline pump
or when located at each end of the pump island or between the canopy
supports as a spandrel panel.
(4)
Gasoline service station price signs. Gasoline service
station price information may be incorporated into a monument sign
or low-profile monument sign, provided that the total area of the
price sign shall not exceed 20 square feet in area.
(5)
Identification signs.
I.
Automotive new car dealerships and distributorships.
(1)
Monument signs.
(a)
A maximum of one monument sign is permitted
at each road frontage where there is vehicular access. The Architectural
Historic Review Board may allow additional signs for separate franchises.
[Amended 6-28-2016 by L.L. No. 8-2016]
(b)
The maximum total sign area shall be 100 square
feet.
(c)
The maximum sign height shall be 20 feet, and
the minimum setback shall be 25 feet from the designated street line.
(d)
The sign(s) may identify only the name and address
of the dealer/distributorship and the name of the franchises represented.
(e)
Temporary signs attached to the freestanding
sign(s) shall not be permitted.
(2)
Signs attached to a building.
(a)
One wall, hanging, projecting or other sign attached to a building
is permitted for each building frontage or building wall facing a
road where there is vehicular access. The Architectural Historic Review
Board may allow additional signs for separate franchises. Such sign(s)
shall identify only the name of the business and the name of the franchises
represented. The Architectural Historic Review Board may permit, where
it deems necessary, convenience signs that convey helpful information
to the public.
[Amended 6-28-2016 by L.L. No. 8-2016]
(b)
The maximum total wall sign area shall be 100
square feet for the first 10,000 square feet of gross building area.
An additional square foot of sign area may be allowed for every 300
square feet of gross building area over 10,000 square feet.
[Amended 8-21-2012 by L.L. No. 3-2012]
A.
Intent. This chapter is intended to encourage the eventual elimination of signs which do not comply with this chapter. The elimination of nonconforming signs is important to the purpose stated in § 243-2. However, it is also the intent of this chapter to avoid unreasonable invasion of property rights while accomplishing removal of nonconforming signs.
B.
Amortization. A sign not complying with this chapter, but in place
legally on or before the effective date of this chapter, shall be
removed, or brought into compliance with this chapter, by November
14, 2016. Signs that were not placed pursuant to a legally issued
sign permit represent a continuing violation and shall be removed
immediately. Nonsubstantial ancillary signs such as posters, announcements,
banners, bills, placards, product endorsements, and signboards shall
not be amortized and, if in violation of this chapter must be removed.
C.
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. Change in copy, design,
colors or materials constitute a nonpermitted replacement. It 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 Building
Inspector determines that the estimated cost of reconstruction exceeds
50% of the estimated replacement cost.
D.
Nuisance. An unsafe or abandoned sign, including pylon, pole, frame
or brackets, is declared a public nuisance, which shall be abated
by the owner within 30 days of receiving notice from the Building
Inspector.
E.
Removal by Town of Clarkstown.
(1)
If the owner fails to remove, or cause to be removed, such nuisance as described in § 243-12D within 30 days after written notice, the Town Board may hold a public hearing. The public hearing shall be held upon notice posted conspicuously on the affected property and forwarded to the last known address of the property owner, as it appears on the current tax records of the Town, by certified mail, return receipt requested. Posting and service of such notice shall not be less than 15 days prior to the date of such hearing.
(2)
The Town Board, after a public hearing as provided in Subsection E(1) may cause any unsafe or abandoned sign, sign structure, pylon or pole to be removed from any property within the unincorporated portion of the Town of Clarkstown upon failure of such owner, tenant or occupant to comply with any order of the Town Board. Said removal may be performed by the Superintendent of Highways or other designee, including a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it has been levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
(3)
The removal of any nuisance or hazard by the Town of Clarkstown or
its agents shall not operate to excuse such owner, tenant or occupant
from properly maintaining any premises as required by this chapter,
and such owner, tenant or occupant shall, notwithstanding such action,
be subject to any penalties for herein.
A.
Administration. This chapter shall be administered
by the Building Inspector of the Town of Clarkstown, who shall be
responsible for the inspection, investigation and pursuit of compliance
through enforcement of all the provisions of this chapter.
B.
Enforcement.
(1)
The Building Inspector, his subordinates and Town
officials with code enforcement authority shall enforce all provisions
of this chapter and are empowered to cause any sign, place or premises
to be inspected and to order in writing the remedying of any condition
found to exist in violation of any provision of this chapter.
(2)
All written notices issued shall be by first class
mail and shall be posted on the premises in full view, or by certified
mail, return receipt requested, to the last known address of an owner,
tenant, lessee or other cited person or business entity.
(3)
For the purposes of any prosecution pursuant to § 243-13, it shall be presumed that the owner, tenant, lessee, agent, property manager, sign company, contractor or any other person involved with the building where a violation of this chapter has been committed or exists is 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 Clarkstown,
any person, corporation, firm or other entity that shall violate any
provision of this chapter shall be guilty of a misdemeanor subject
to a fine of up to $2,500 or imprisonment up to 15 days, or both such
fine and imprisonment. Each day that such violation continues shall
constitute a separate offense and shall be punishable as such.
A.
Variance. Upon referral from the Building Inspector or the Architectural Historic Review Board, the Zoning Board of Appeals shall have the authority to vary the requirements and standards of Chapter 243.
[Amended 6-28-2016 by L.L. No. 8-2016]
(1)
In approving a variance, the Zoning Board of Appeals
shall set forth written findings or reasons as to how such variance
will promote the intent and purpose of this chapter and how such variance
will not be injurious to the neighborhood and otherwise detrimental
to the public welfare.
(2)
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 purpose of this chapter.
(3)
The Zoning Board of Appeals may deny an application
upon the submittal of incomplete information.
(4)
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.
B.
Appeals. The Zoning Board of Appeals shall have the
authority to hear and decide upon any appeal where an applicant is
aggrieved by the determination of the Architectural Historic Review
Board or where it is alleged that there is an error in the order,
requirement, decision or determination of the Architectural Historic
Review Board or the Building Inspector. All appeals shall be made
within 30 days from the date of the order, requirement, decision or
determination of the Architectural Historic Review Board or the Building
Inspector.
[Amended 6-28-2016 by L.L. No. 8-2016]
C.
Administration of variances and appeals.
(1)
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.
(2)
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.
(3)
Public notice. 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.
(4)
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.
The phrases, clauses, sentences, paragraphs,
and subsections of this chapter are severable, and if any phrase,
clause, sentence, paragraph, or subsection of this chapter shall be
declared unconstitutional or otherwise unlawful by the valid judgment,
decree, injunction or order of a court of competent jurisdiction,
such ruling shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, and subsections of this chapter.
Any sign that can be displayed under the provisions
of this chapter may contain a noncommercial message.
