[Amended 5-10-1982 by L.L. No. 14-1982; 9-9-1991 by L.L. No. 8-1991; 3-14-2005 by L.L. No. 6-2005]
A.
The purpose of this article is to promote and protect
the public health, welfare and safety by regulating existing and proposed
outdoor advertising signs, outdoor signs of all types, interior signs,
facade designs and lighting of facades, lighting for signage or commercial
properties in general and any signs or illumination placed within
four feet of the viewable space of an exterior window. A further purpose
of this article is to protect property values, create a more attractive
economic and business climate, and enhance and protect the physical
appearance of the community. It is further intended to reduce sign
clutter and/or advertising distractions and obstructions that may
contribute to traffic accidents, and to reduce hazards that may be
caused by signs or excess illumination overhanging or projecting over
public rights-of-way.
B.
The provisions of this article shall govern the design,
construction, erection, alteration, repair and maintenance of all
signs as well as the use of appurtenant and auxiliary devices that
affect facade appearance, property appearance, and exterior illumination.
[Amended 5-29-2012 by L.L. No. 2-2012; 6-22-2020 by L.L. No. 7-2020]
As used in this article, the following words
and phrases shall have the following meanings:
Any sign related to a business or profession conducted upon
or from the premises where such sign is located.
Any sign which is designed and constructed to give its message
through a sequence of progressive changes of parts (including sequins
or similar devices) or lights or degree of reflection of lighting,
excluding time and temperature signs.
Any person or entity who is making application for a permit
under this article.
A roof-like retractable or permanent covering of cloth or
other material with or without a frame and attached to or supported
by a building.
A piece of fabric or cloth that may be hung for the purpose
of advertising or announcement.
A sign bearing a message unrelated to the business or the
commercial entity on which it is located or bearing a noncommercial
message to serve as a message for an owner who does not conduct business
at the location of said sign.
A sign indicating a directory of businesses within a complex,
mall or office building.
Any use of lighting on the exterior of a storefront or business
or commercial building or property.
Any sign located upon or in front of or visible from the
exterior of a storefront, business or commercial building or property.
Any window easily viewed from the exterior of a storefront
or business or commercial building or property.
The decoration, architectural design, or the outward appearance,
of a storefront or business or commercial building or property.
A sign supported by uprights or braces itself in or upon
the ground and not attached to any part of a building.
Any sign located on the inside of a window or within four
feet of the inside of an exterior window or other opening in a building
or other enclosed structure which is visible from the exterior through
such a window or other opening to attract the attention of the public.
This term does not include merchandise located within a window.
A sign exceeding six square feet with changeable copy.
A cylindrical body of metal, glass, or other material, containing
neon or similar gases used for illuminating the borders of windows,
doors, or facades.
Any sign or display of lighting or decoration that uses neon
or similar gases for illumination.
Any sign or display of lighting or decoration that uses glass,
plastic or other tubing or lighted raceways containing LED or LCD
components that imitate the look of neon or florescent signs.
Any person or entity of any kind.
Any freestanding sign supported by a single pole without
guy wires, braces or other supporting framework.
Any sign that indicates the name, cause or affiliation of
any person seeking public office or that indicates an issue for which
a public election has been scheduled.
A sign designed to project beyond any face of a building
and/or perpendicular to the face of the building.
A sign that is erected, constructed or maintained on, above,
or as a part of any building.
Any display, whether constructed or otherwise, which is attached
to any structure or part thereof, or is painted or represented thereon,
that displays any letter, word, model, banner, flag, pennant, insignia,
device or representation used as or which is in the nature of an announcement,
direction or advertisement, or which can be reasonably determined
to be a sign as the term is used in common parlance and understanding.
Excluded from this definition is any flag, pennant or insignia of
any nation, state, or other governmental unit.
Any flat sign that is made of wood, fiberglass, metal or
other traditional architectural material that does not have illumination
as a part of its construction, and which represents a business, store
or commercial entity.
The decoration intended to attract to, or entertain customers
at, any exterior window.
[Amended 3-9-2009 by L.L.
No. 7-2009; 5-29-2012 by L.L. No. 2-2012; 10-22-2012 by L.L. No. 10-2012; 8-28-2017 by L.L. No. 3-2017; 6-8-2020 by L.L. No. 5-2020]
A.
No person shall:
(1)
Erect, alter, paint with a new message, redesign, relocate or reconstruct
any sign without first obtaining a permit from the Building and Housing
Department.
(2)
Erect, alter, redesign, relocate or reconstruct any illuminating
device on a building, storefront or commercial property within four
feet of any exterior window without first obtaining a permit from
the Building and Housing Department.
(3)
Design, redesign, alter, rearrange or construct any part of a building,
storefront or commercial property facade without first obtaining a
permit from the Building and Housing Department.
(4)
Design, redesign, erect, alter, rearrange or construct any awning
without first obtaining a permit from the Building and Housing Department.
B.
A permit is not required for maintenance, repair, repainting or like-kind
replacement of any sign, illuminating device or facade of or upon
any building, storefront or commercial property.
C.
Permit application. Application for any permit under this article
shall be made upon such form or forms as are required by the Building
and Housing Department. The applicant shall supply nine copies of
to-scale drawings or plans, which shall include dimensions and colors.
A letter of consent from the owner of the property shall be supplied
with nine copies of a survey of the property upon which the sign shall
be erected, and showing the location of the sign.
D.
Any sign, structure or portion thereof which no longer advertises an existing business or product available for purchase from the property shall be removed by the property owner within 60 days of the close of the business, or within 30 days of notification by the Building and Housing Department. The failure of a property owner to remove the sign after notification pursuant to this section shall constitute a violation of the Village Code and shall be subject to the penalties set forth in § 435-6 of this chapter.
E.
All fees for a permit under this article shall be set by resolution
of the Village Board.
F.
Enforcement. The Building Inspector or other appointed official or
employee of the Village shall enforce the provisions of this article.
Any sign, lighting or facade shall be removed or made safe by the
property owner, at the direction of the Village, for the following
reasons:
(1)
The sign, lighting device or structural facade part or parts are
deemed by the Building Inspector to be dangerous, unsafe or in a state
of severe deterioration.
(2)
The business, commercial entity or occupant of the property no longer
conducts business in or upon the property, and has abandoned the service,
occupation or production of items for sale at the site for a period
of more than 60 days.
(3)
The business, commercial entity or occupant of said property installs
any sign, lighting device or facade without first obtaining a permit
under this article, or does so in a manner inconsistent with any permit
obtained under this article.
G.
All signs, lighting and facades must be kept in a good state of repair
and neatly painted or finished. Signs, lighting and facades must be
maintained in a good state of repair at all times.
H.
Construction standards. Signs, lighting devices and awnings shall
be securely mounted and in accordance with applicable building codes.
Signs shall not protrude above rooflines unless authorized by special
permit of the Planning Board. New electrical installations and like-kind
repair or replacement of existing electrical installations which affect
signs, lighting devices or facades shall require certification by
an electrical underwriter, and such certificate shall be filed with
the Building and Housing Department. The following standards shall
also apply to the construction or placement of signs, lighting devices,
and awnings.
(1)
Awning height and safety. No permit shall be granted by the Building
and Housing Department unless the following minimum standards are
met:
(a)
The lowest part of any such canopy or awning or any support
thereof extending over any public way shall be at least eight feet
above the level of the public way over which it extends; if such public
way is used by vehicles, the lowest part of any such canopy or awning
or any support thereof which extends over such public way used by
vehicles shall be at least 15 feet over the level of such public way.
(b)
The awning may not unreasonably obstruct the view of traffic
signs and signals, or in any way endanger the safety of motorists
and pedestrians.
(c)
No sign shall project from an awning.
(d)
Awning graphics may be painted or affixed flat to the surface
of the front or side valance and shall indicate only the name of the
enterprise or premises. No description of products or services, telephone
numbers or the like are permitted.
(2)
Neon signage/window border lighting.
[Amended 6-22-2020 by L.L. No. 7-2020]
(a)
Neon border tubing and border lighting of any kind are prohibited
for use on windows, doors, facades, or within four feet of the border
of any exterior window. Border lighting shall include light-emitting
diode (LED) lighting.
(b)
With the exception of signs advertising alcoholic beverages
and "open/closed" signs, neon and neon-like signs are prohibited.
(c)
Neon and neon-like signs advertising alcoholic beverages are
not permitted in windows, facades, or within four feet of an exterior
window.
(d)
"Open/closed" neon signs must be of appropriate size to the
windows and must be shut off when the business is closed.
(3)
Projecting signs.
(a)
Projecting signs shall be at least eight feet above the level
of the public way and may not unreasonably obstruct the view of traffic
signs and signals, or in any way endanger the safety of motorists
and pedestrians.
(b)
No wall sign shall project above the highest point of the building
wall on the same side of the building as the sign; this shall include
marquee signs and any other signs not affixed directly to such wall.
(4)
Banners, flags, posters, flyers, and interior signs.
(a)
Banners, flags, posters, flyers, and interior signs may not
be affixed to a facade, door, or the exterior of a window, and when
affixed to the interior of a window, may not cover more than 25% of
the window's surface area.
(b)
Posters, flyers, and interior signs affixed to the interior
of a window may not be handwritten.
(c)
Posters, flyers, and interior signs affixed to the interior
of a window for the purpose of advertising a particular event must
be removed after the event occurs.
(d)
"Grand opening" or liquidation banners may only be displayed
for 60 days.
(e)
Flag banners and flags over five feet tall are not permitted.
(f)
Signboards/sandwich boards must be reasonable in size, shape
and design. The boards shall not obstruct the reasonable use of the
sidewalk or egress from parked vehicles and must be removed and brought
in at the nightly closing of the business. Displays shall be limited
to one board per establishment.
(5)
Marquee signs.
(a)
In addition to permitted wall signs, marquee signs with changeable
copy shall be allowed only at theaters or other places of public assembly,
except bars, taverns or restaurants in the D-1, D-2 and D-3 Business
Districts.
(b)
Such changeable copy signs may cover no more than one square
foot of sign area for each linear foot of building frontage. Other
nonchangeable copy signs may be attached to or mounted on top of a
marquee. Flashing signs and moving signs shall not be permitted except
emergency warning signals.
(c)
No portion of a marquee sign shall extend beyond either end
of the hood, canopy, marquee or projecting roof structure to which
it is attached.
I.
Review and appeal. Any person aggrieved by a decision of the Planning
Board may seek relief before the Zoning Board of Appeals by filing
an application for review by the ZBA within 30 days of the date of
the decision of the ARB to be reviewed.
J.
Violations and penalties. Any violation of the provisions of this article shall constitute an offense and shall be subject to the penalties set forth in § 435-6 of this chapter. A violation that exists for more than seven days shall constitute a new violation, and a violation existing for each successive seven-day period shall constitute a new violation, each without the need for issuance of additional process.
[Amended 6-8-2020 by L.L.
No. 5-2020]
A.
The Building Inspector shall refer, and the Planning Board shall
review, all applications for signs, illumination, awnings and facades
in accordance with the provisions of this article.
B.
Nonconforming uses. Any sign or lighting device existing prior to
the date of adoption of this article that does not meet the criteria
herein defined shall be considered nonconforming. Upon the discontinuance
of use of the business, storefront or commercial property, or upon
the relocation or sale of the business, storefront or commercial property
to a new owner, or upon the renovation, redesign or reinstallation,
or improvement of a sign, lighting device or facade, such sign, device
or facade shall be subject to the permit provisions of this article
and such nonconforming use shall cease.
C.
Awnings. Awnings shall be retractable in construction or of the stationary
shed type.
D.
Facades. Any design, redesign or removal of a structure, masonry
change, painting or other modification to be performed on any building,
storefront or business property shall first receive approval from
the Planning Board.
E.
Window lettering. Window lettering, such as hand painted, computer
generated or vinyl "stick-on" to be placed within exterior windows
shall require approval of the Planning Board.
F.
Window displays. The stacking or storage of goods, wares, supplies
or bulk items within any exterior window is prohibited. Individual
products may be used as part of a window display as a decorative attraction
to customers.
G.
A permit is required for business, commercial properties or storefronts
wishing to display special flags and banners other than those described
in this article.
[Amended 6-8-2020 by L.L.
No. 5-2020]
The Planning Board may give consideration to
the use of national brand name themes, facades and signs within any
district.
The following signs are permitted in any use
district without need of a permit, unless otherwise stated:
A.
"For Sale" or "For Rent" signs: One "For Sale" or
"For Rent" sign, not larger than six square feet in area, advertising
only the property upon which it is located shall be allowed. All such
signs shall be set back from any street or curbline not less than
10 feet in any residential district. Such signs shall be set back
from any street or curbline not less than 30 feet in a commercial
or business district that does not have a storefront or facade within
such setback, and where a storefront or facade does exist within the
setback, any sign shall be affixed in the interior of such storefront
or facade.
B.
Subdivision and acreage signs: for each parcel of
property, not more than two signs, each not larger than 24 square
feet in area, advertising only the premises on which it is erected.
All such signs shall be set back from any street or curbline not less
than 30 feet in any residential district.
C.
Political signs: All political signs shall be not
larger than 16 square feet in area and shall not remain on-site for
more than 15 days after the election to which the sign relates.
D.
Historical markers, tablets, statues, memorial signs,
plaques, names of buildings and dates of erection when cut into masonry
or stone or engraved or molded in bronze, stainless steel or similar
material.
E.
Flags and insignias of any government, affiliation
or organization except when displayed in connection with a commercial
promotion and excepting "Grand Opening" banners which may be displayed
for a period of no longer than 120 days.
F.
On-premises directional signs for the convenience
of the general public, entrance, exit and safety signs, not exceeding
four square feet in area.
G.
Warning, private drive, posted or no trespassing signs
not exceeding two square feet in area.
H.
One on-premises sign, either freestanding or attached,
identifying a professional office, not exceeding four square feet
in area, within any residential zone. All such signs shall be set
back from any street or curbline not less than 10 feet.
I.
Number and house plates identifying residences which
are mounted on the home, apartment or mailbox, or by lawn plate and
which do not exceed two square feet in area.
J.
Garage sale signs when erected on private residences
and which do not exceed four square feet in size and which are limited
to a display period not to exceed four days.
K.
One sign on any premises not to exceed eight square
feet in area within the residential district and 16 square feet in
area within any other district listing the architect or contractor
that is in the process of renovating, constructing or otherwise modifying
any structure.
L.
Industry standard price signs and display signs on
gasoline pumps and/or under or attached to main business signs.
M.
Holiday decorations which shall be limited to a period
of not more than 60 days prior to the holiday, and which shall be
removed within 30 days of the passage of the holiday.
N.
Time and temperature signs with no advertising attached
which do not exceed 12 square feet in area per side.
O.
Open, closed or hours of operation signs not exceeding
three square feet in area, which may be posted on the interior of
any exterior window or door.
P.
Barber poles that do not exceed eight feet in height.
Q.
Bulletin boards not exceeding 32 square feet in area.
[Added 5-26-2009 by L.L. No. 16-2009]
The following signs are allowable upon issuance of a sign permit
by the Building Inspector:
A.
Professional signs: one sign, not larger than two square feet in
area, bearing only the name and profession of the resident practitioner,
with not less than a five-foot front yard setback.
B.
Detached or ground signs: in business and industrial districts only,
one sign, not larger than 30 square feet and not exceeding nine feet
in height, advertising only the business conducted on the premises
on which erected and only when detached from any building or structure,
with not less than a twenty-foot front yard setback; provided, however,
that if the average front setback of existing buildings on the same
side of the street within the same block is less than 10 feet, then
not less than the average setback so established.
C.
Wall signs: in business and industrial districts only, one sign attached
to or incorporated in each building wall on a public street and advertising
only the business conducted in such building, when such sign does
not:
D.
Roof signs: in business and industrial districts only, one sign attached
to the roof, facing on a public street and advertising only the business
conducted in such building, when such sign does not:
[Amended 3-9-2009 by L.L. No. 7-2009]
No sign for which a permit is required shall
be erected unless and until payment is made of a fee in an amount
as shall be set from time to time by resolution of the Board of Trustees[1] per square foot of sign area. Such signs shall at all
times bear the permit number prominently and permanently affixed on
the face thereof. Failure to so affix the permit number shall constitute
cause for revocation of the permit by the Building Inspector in addition
to any other penalties or remedies prescribed by this chapter.
[1]
Editor's Note: The current Fee Schedule is
on file in the office of the Village Clerk.
