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:
MASTER SIGN PLAN
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.
SIGN
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.
SIGN, AREA OF
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]
SIGN, BUSINESS
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.
SIGN, DIRECTLY ILLUMINATED
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]
SIGN, FREESTANDING
A sign placed upon or supported by the ground, independent
of the principal building or structure on a lot.
SIGN, IDENTIFICATION
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."
SIGN, INDIRECTLY ILLUMINATED
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.
SIGN, NAMEPLATE
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.
SIGN, POLITICAL
A sign displayed for the purposes of informing the public
regarding candidate(s) or issue(s) in a primary or general election.
SIGN, PORTABLE
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.
SIGN, PROJECTING
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.
SIGN, SALE OR LEASE
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.
SIGN, SUBDIVISION/NEIGHBORHOOD
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]
SIGN, TEMPORARY
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.
SIGN, WALL
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.
SIGN, WEEKEND DIRECTIONAL
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.
SIGN, WIND
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]
SIGN, WINDOW
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.
[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:
A. All signs excepted under §
245-3.
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:
A. All signs as permitted in the residential districts (see §
245-6 above) are permitted.
B. For signs permitted in commercial and industrial districts,
see Tables 1 and 2.
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]
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.