[Adopted 8-15-1995[1]]
[1]
Editor's Note: This resolution superseded
former Ch. 245, Signs, adopted 2-17-1976 by L.L. No. 1-1976, as amended.
The purpose of this article is to provide standards
for the use and display of signs. It is recognized that signs serve
an important function, and therefore reasonable and adequate display
of signs is permitted under the provisions of this article. At the
same time, this article recognizes that there is a definite need to
regulate the display of signs. Limitations and standards are established
herein consistent with the character of the district and uses and
activities in the district. These limitations and standards are intended
to:
A.
Encourage sound practices with respect to the size,
type and placement of signs for the purpose of safeguarding and enhancing
properties in residential, business and industrial areas.
B.
Provide an environment which will support the existing
businesses and promote new sound development of the Town.
C.
Protect public investment in public facilities, open
spaces and thoroughfares.
D.
Protect and enhance the aesthetic environment of the
Town.
E.
Reduce hazards to motorists and pedestrians on the
public ways.
F.
Promote the public safety and general welfare.
As used in this article, the following terms
shall have the meanings indicated:
A sign system used to create visual unity among the signs
within a site development plan area and to facilitate compatibility
with surrounding establishments and structures. The plan shall include
specifications, including but not limited to the following: sign type,
style, height, colors, lettering or graphic style, materials, shape,
lighting and location on establishment.
Any writing (including letter, word or numeral), pictorial
representation (including illustration or graphic), emblem (including
symbol, logo or trademark), flag (including banner or pennant), device
or any other figure of a similar character which is a structure or
any part thereof or is attached to, painted on or in any other manner
represented on a building window (inside or outside) or other structure
and is used to identify, announce, direct or advertise and is visible
from outside a building.
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem or any figure
of similar character, together with any frame or other material or
color forming an integral part of the display or used to differentiate
such sign from the background against which it is placed, excluding
the necessary supports or uprights on which such sign is placed, provided
that the uprights do not exceed 12 inches by 12 inches and the bottom
of the sign is not more than four feet above finished grade. Where
a sign has two or more faces, the area of all faces shall be included
in determining the area of the sign, except that where two such faces
are placed back-to-back and are at no point more than two feet from
one another, the area of the sign shall be taken as the area of one
face if the two faces are of equal area, or as the area of the larger
face if the two faces are of an unequal area. In the case of individual
letters, numerals, symbols or any other figure or similar character
placed on a structure, the area shall be based on the smallest polygon
created by using right angles or circle possible of enclosing all
such individual letters, numerals, symbols or figures of similar character.
In commercial zoning districts, properties with multiple tenants,
the portion of the sign used to identify the plaza or property may
be excluded from the sign area if approved by the authority.
[Amended 11-15-2011 by L.L. No. 2-2011; 6-12-2018 by L.L. No. 6-2018]
A sign which directs attention to a business, commodity,
service, event or other activity which is sold, offered or conducted
on the premises upon which such sign is located or to which it is
affixed.
A sign designed to give forth artificial light directly or
through transparent or translucent material from a source of light
within such sign, including but not limited to neon and exposed lamp
signs. Neon signs announcing OPEN/CLOSED shall be the only permitted
use of neon.
[Amended 11-15-2011 by L.L. No. 2-2011]
A sign placed upon or supported by the ground, independent
of the principal building or structure on a lot.
A sign which directs attention to a business, commodity,
service event or other activity which is sold, offered or conducted
elsewhere than on the premises upon which such sign is located.
A sign which serves to indicate the name, address and lawful
use of the premises upon which the sign is located or to which it
is affixed. The bulletin board of a public, charitable or religious
institution used to display announcements relative to meetings and
activities to be held on the premises shall be deemed an "identification
sign."
A sign illuminated with a light directed primarily toward
such signs and so shielded that no direct rays from the light are
visible elsewhere than on the lot where said illumination occurs.
If not effectively so shielded, such sign shall be deemed to be a
directly illuminated sign.
A sign affixed flat against the wall of a building, attached
to a mailbox or freestanding and serving to designate only the name
or the name and professional or home occupation of a person or persons
residing in or occupying space within such building.
A sign which is not illuminated either directly or indirectly.
A sign displayed for the purposes of informing the public
regarding candidate(s) or issue(s) in a primary or general election.
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not permanently affixed to the ground,
a building, structure or another sign.
A sign attached to the wall of any building or other structure
at an angle greater than 15 degrees and projecting more than 12 inches
from said wall.
A sign which serves only to indicate, with pertinent information,
the availability for sale, lease or rental of the lot or building
or some part thereof on which such sign is placed.
A sign, whether illuminated directly or indirectly, erected
at the entranceway or main public road entrance to a community or
subdivision, identifying the area by the subdivision name. In no event
shall said sign contain more than 20 square feet of sign area. Signs
existing on July 1, 2011, that are larger may continue and may be
replaced with signs of the same size.
[Added 11-15-2011 by L.L. No. 2-2011]
Any sign that is displayed only for a specified period of
time for the promotion of a special event or sale and which is not
permanently mounted.
A sign attached flat or at an angle of less than 15°
against the wall of any building or structure and projecting less
than 12 inches from said wall.
A sign erected to direct motorists to subdivisions located
within the boundaries of the Town of Cortlandt for the purposes of
advertising lots or dwellings for sale.
Any sign in the nature of a series of two or more pennants,
flags or other objects fashioned in such a manner as to move upon
being subjected to pressure by wind or breeze.
[Amended 8-13-1996]
Any sign, banner or illuminated device placed in a window
shall not exceed 40% of the total window area, and the placement of
such sign shall not exceed any one sixty-day period.
[Added 11-15-2011 by L.L. No. 2-2011]
The provisions of this article shall not apply
to the following:
A.
Signs of duly constituted governmental bodies and
their agencies where such signs are established in the interest of
the safety, convenience or welfare of the general public. This shall
include traffic signs, legal notices and warnings at railroad crossings.
The number and location of such signs shall be as directed by the
governmental agency having jurisdiction.
B.
Flags and emblems of a national, state, county or
local government or of a patriotic, religious, philanthropic, civic
or educational organization when not larger than 12 square feet in
area.
C.
Decorative flags projecting from a building when not
larger than 10 square feet in area.
D.
Official public notices and notices posted by public
officers in the performance of their duties.
E.
Memorial plaques, cornerstones, historical tablets
and the like.
F.
Nameplate signs when four square feet or less in area
and not more than one per name for each street frontage.
G.
Signs, including licenses required to be maintained
or posted by law or government order, rule or regulation.
H.
Nonilluminated signs, none exceeding four square feet
in area, displayed strictly for the direction, safety or convenience
of the public, including signs which identify rest rooms, telephones
and other facilities or conveniences, parking area entrances or exits
or freight entrances or for the purposes of indicating the location
or restricting the use of off street parking areas when these are
provided by the owner or occupant of the building.
I.
Holiday decorations displayed in season.
J.
Sale or lease signs when eight square feet or less
in size and not more than one per property.
K.
Temporary signs advertising events associated with
nonprofit organizations or charitable events. Temporary signs are
allowed 30 days prior to an event and must be removed seven days after
the event.
L.
Political signs. Political signs shall be allowed
eight weeks prior to an election and must be removed within seven
days after an election.
M.
Weekend directional signs. Weekend directional signs
shall be allowed between the hours of 12:00 noon on Fridays and 12:00
noon on Mondays.
N.
A nonilluminated construction or subdivision development
sign indicating names and information pertinent to the project not
to exceed 20 square feet in size and not closer than 20 feet to any
property line. One sign per project shall be allowed for two years
with the right to be extended by the Planning Board.
A.
Signs shall be accessory uses and shall pertain to
principal uses on the same lot.
B.
No sign attached to a building shall project vertically
above the ridgeline.
C.
Where a building covers less than 200 square feet
of lot area or a use operated on a lot without a building, then one
wall sign or freestanding sign shall be permitted not to exceed one
square foot for every four linear feet of public right-of-way frontage
or 24 square feet, whichever area is the lesser. The location of such
signs shall be restricted to the lot area outside of all required
front, side and rear yard areas.
D.
No sign shall be located within a public right-of-way
or project horizontally into a public right-of-way except traffic
signs or other governmental or neighborhood signs necessary to the
public health, safety or welfare.
E.
No sign shall have or consist of any moving, rotating
or otherwise animated part or, when permitted to be illuminated, any
flashing, blinking, change of intensity or color, fluctuating or otherwise
animated light, with the exception of time and temperature information.
F.
ln all commercial zoning districts, where a building is divided by
party walls or by permanent partitions into separate and distinct
business areas and each such area is occupied by a different tenant,
the site shall be subject to a Master Sign Plan, approved by the Planning
Board as part of the site development plan approval. The Planning
Board with recommendation by the Architectural Review Council may
increase the permitted sign area per Attachment 1 Table A.
[Amended 6-12-2018 by L.L. No. 6-2018]
G.
Wind signs shall be permitted in all commercial zoning
districts to announce grand openings or special events. Wind signs
shall be allowed to remain up for 30 days.
H.
A business sign (either a freestanding, projecting
or wall) may be increased up to a maximum of an additional 12 square
feet for a removable message board in all commercial and industrial
zoning districts.
[Amended 8-13-1996]
I.
The following signs are prohibited in all zoning districts:
(1)
Portable signs.
(3)
Any sign that cannot be classified under any sign
category specifically permitted or exempted by this article.
(4)
Signs in public places and upon objects.
(a)
No person shall, in public places or upon public
objects, paint, mark or write on or post or otherwise affix any sign
to or upon any sidewalk, crosswalk, curb, curbstone, street lamppost,
hydrant, tree, shrub, tree stake or guard, railroad trestle, electric
light or power or telephone or telegraph or trolley wire pole, or
wire appurtenance thereof, or upon any fixture of the fire alarm or
police telegraph system or upon any lighting system, bridge, drinking
foundation, life buoy, life preserver, board or other lifesaving equipment,
street sign or traffic sign or any other similar location.
(b)
Any sign found posted or otherwise affixed in any public place
or upon any public object contrary to the provisions of this section
may be removed five days after the notice of violation by the Department
of Technical Services — Code Enforcement or other duly authorized
agents of the Town. The person responsible for any such illegal posting
shall be liable for the cost incurred in the removal thereof or $100,
whichever is greater. The Department of Technical Services —
Code Enforcement is authorized to effect the collection of said cost.
[Amended 6-12-2018 by L.L. No. 6-2018]
(c)
It shall be presumed that the person or other
legal entity named on the handbill or sign, or for whose benefit the
handbill or sign will inure, placed such sign upon the public place
or object unless evidence clear and convincing is established to the
contrary.
(5)
General advertising signs (billboards and posterboards).
J.
No sign shall be erected at an intersection or along
any highway in such a manner as to obstruct free and clear vision
or at any location where, by reason of its 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," "danger" or any other word, phrase, symbol or
character in such a manner as to interfere with, mislead or confuse
traffic.
K.
In addition to the other limitations and standards contained in this article, when any existing or proposed sign is before the Planning Board as an integral part of a proposed site development plan pursuant to Article XII, Site Development Plan Approval, § 307-66, of the Code of the Town of Cortlandt, such signs shall be subject to the approval of the Planning Board with respect to location on the site, position on any building, type of supporting structure and type and character of all materials used.
L.
Directly illuminated signs may be turned on only during
the hours that the principal or permitted use is open to the public
and conducting its normal activities and after hours may remain on
until 10:00 p.m. in the evening.
[Amended 8-15-2006 by L.L. No. 4-2006]
A.
As a part of the site development plan approval process,
the Planning Board shall refer all relevant information pertaining
to sign design and placement to the Architectural Review Council for
review and comment.
B.
In any case where site development plan approval is
not required, the Director of Code Administration and Enforcement
shall refer any sign permit application to the Architectural Review
Council for review and comment. The review shall be completed and
comments submitted to the Director of Code Administration and Enforcement
within 30 days. If the comments of the Architectural Review Council
are not received by the Director of Code Administration and Enforcement
within 30 days, he may entertain the permit application without the
input of the Architectural Review Council.
C.
Application for modification to any existing sign(s) as determined
by the Director of Technical Services, whether or not such signs were
previously approved as part of site development plan approval by the
Planning Board, shall be reviewed and approved by the DOTS Director
with the assistance of the Architectural Review Council. The DOTS
Director shall have the option to refer applications of such sign(s)
to the Planning Board for its review and approval.
[Amended 6-12-2018 by L.L. No. 6-2018]
D.
The applicant should refer to the Town of Cortlandt
Sign Design Manual for further information.
The following signs shall be permitted in all
R Districts:
B.
A sign indicating the name of a subdivision or neighborhood
and/or announcements of community activities related to such subdivision
or neighborhood not exceeding 20 square feet of sign area.
[Amended 11-15-2011 by L.L. No. 2-2011]
C.
For principal and special permit uses, except a one-family
dwelling, two-family dwelling or multifamily dwelling with six or
fewer dwelling units, a nonilluminated or indirectly illuminated identification
sign either attached to a building or freestanding and having an area
not exceeding 20 square feet.
Except as otherwise provided herein, the following
signs shall be permitted in all commercial districts and in all industrial
districts:
C.
Additional
directional signage shall be permitted within shopping areas of 100,000
square feet or more. Said signs will be placed along traveled ways
within the parking lot to facilitate traveling safely, etc. No one
sign shall exceed 10 square feet unless otherwise approved by the
approving authority. The maximum number and location shall be approved
by the Planning Board (if an application for site plan review is pending
or if no other application is pending), based upon the recommendation
of the Director of Technical Services or designee.
[Added 11-15-2011 by L.L. No. 2-2011; amended 6-12-2018 by L.L. No. 6-2018]
A.
Permit required. After the effective date of this
article, no person shall erect any sign nor shall any property owner
allow or maintain on his property any sign regulated by this article
without first obtaining a permit therefor from the Director of Code
Administration and Enforcement.
B.
Application for sign permit. An application for a
sign permit shall be made, in writing, on a form provided by the Director
of Code Administration and Enforcement to the Director of Code Administration
and Enforcement and shall contain at least the following information:
(1)
A location plan showing the position of the sign on
any building and its location on the site in relation to nearby buildings
or structures and to any private or public street or highway.
(2)
A detailed drawing of the construction details of
the sign indicating materials and colors and showing all the lettering
and/or pictorial matter composing the sign, including the position
of the lighting.
C.
Fees. A schedule of fees for a sign permit shall be
recommended by the Director of Code Administration and Enforcement
and approved by the Town Board.
D.
Site development requirements.
(1)
It shall be the duty of the DOTS Director, upon the filing of a sign application, to determine whether or not the premises on which such sign is to be erected has on record an approved site development plan or is currently before the Planning Board with a proposed site development plan, pursuant to article XII, § 307-66, of the Town of Cortlandt Code. If the subject premises is currently before the Planning Board, then the DOTS Director shall transmit a copy of such application for a sign permit to the Planning Board and shall not further process the application for a sign permit until receiving from the Planning Board an approved site development plan, amendment hereto, or approval by motion which includes scale drawings and other information with respect to the proposed sign. If the subject premises upon which a sign permit is being requested is not currently before the Planning Board, an application for a permit for modifications to existing signs, or the placement of additional signs within the restrictions of this article shall be reviewed and approved by the DOTS Director who may seek the advice of the Cortlandt Architectural Advisory Committee. The DOTS Director shall also have the option to refer sign applications to the Planning Board for its review and approval.
[Amended 8-15-2006 by L.L. No. 4-2006; 10-19-2010 by L.L. No.
14-2010]
(2)
Upon receipt from the Planning Board of an approved
site development plan or amendment thereto or an approval by motion
of the Planning Board or in the situation where an approved site development
plan is not required, it shall be the duty of the Director of Code
Administration and Enforcement to examine any approved site development
plan, detailed sign plans, specifications and other data submitted
to him with the application and, if necessary, to inspect the premises
upon which it is proposed to erect the sign or other advertising structure.
(3)
The Planning Board shall consider and approve freestanding signs
that are combined to represent two adjoining properties and the square
footage thereof shall not exceed the total allowed for both properties.
[Added 6-12-2018 by L.L.
No. 6-2018]
E.
Issuance of permit. If it shall appear that the proposed
sign is in compliance with all the requirements of this article, other
ordinances of the Town of Cortlandt and any approved site development
plan, the Director of Code Administration and Enforcement shall then
issue a permit for the erection of the proposed sign. If the sign
authorized under any such permit has not been completed within three
months from the date of the issuance of such permit, the permit shall
become null and void. An applicant may request, in writing, one three-month
time extension.
F.
Revocation of permit. No sign, whether new or existing,
shall hereafter be erected or altered except in conformity with the
provisions of this article. Notwithstanding any provisions contained
herein, the sign must be kept clean, neatly painted and free from
all hazards such as, but not limited to, faulty wiring and loose fastenings
and must be maintained at all times in such safe condition so as not
to be detrimental to the public health or safety. In the event of
a violation of any of the foregoing provisions, the Director of Code
Administration and Enforcement shall give written notice specifying
the violation to the named owner of the sign. If said sign is not
conformed within five days by the named owner of the sign, the Director
of Code Administration and Enforcement may cause the removal or repair
of said sign and shall assess all costs and expenses incurred in said
removal or repair against the land or building on which said sign
was located. The Director of Code Administration and Enforcement may
cause any sign which is a source of immediate peril to persons or
property to be removed summarily without notice.
A.
Any sign which cannot be classified from the sign
categories specifically permitted or exempted by this article shall
be removed within one year of the effective date of this article.
B.
All other signs which do not meet the provisions or
standards of this article shall be either conformed or shall be removed
within seven years of the effective date of this article.
A.
Any person aggrieved by any decision of the Director
of Code Administration and Enforcement relative to the provisions
of this article may appeal such decision to the Zoning Board of Appeals
which shall comply with all procedural requirements prescribed by
the Zoning Board of Appeals.
B.
The Zoning Board of Appeals, after public notice and
hearing and subject to appropriate safeguards, may vary or modify
the application of this article in harmony with its general purpose
and intent where it finds that there are circumstances unique to the
property in issue and cannot be obviated by some other method feasible
for the applicant to pursue. However, in no event shall the Zoning
Board of Appeals grant a variance in excess of 100% of the sign area
otherwise permitted by this article.
Any provisions of this article or any rules
adopted herein may be enforced by the Director of Code Administration
and Enforcement of the Town of Cortlandt.
Any violation of this article or the rules and
regulations promulgated hereunder may be punished as follows:
A.
Civil penalties. The Director may, in his sole discretion,
choose to impose and collect a civil penalty not to exceed $1,000
for any violation of this article. The Town Attorney is hereby authorized
to commence a civil action to collect the civil penalty herein in
any court of competent jurisdiction.
B.
Criminal offense. Any violation of this article or
any rule promulgated hereunder is hereby declared to be a violation
punishable by a fine not to exceed $250 or up to 15 days in jail.
A criminal information file alleging a violation of this article shall
be in the form required by the Criminal Procedure Law. Each day that
a violation continues shall be deemed to be a separate and distinct
offense.
