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Purpose and intent.
[L.L. No. 1-2008, § 2] |
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The purpose of this article is to promote and protect the general
health, safety and welfare of the Village of Tuckahoe by regulating
the design, construction, installation and maintenance of existing
and proposed exterior signs and awnings and interior signs to be viewed
externally. This article is intended to protect property values and
create an attractive and harmonious economic climate; to permit effective
identification of businesses to encourage economic prosperity; to
protect and enhance the aesthetic environment by ensuring signage
appropriate to the character of the Village; to reduce sign distractions
and obstructions that may contribute to traffic accidents; to reduce
hazards which may be created by signs projecting over or standing
on sidewalks and streets; and to regulate signs and awnings in a manner
consistent with the legislative intent and purposes set forth herein.
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[1]
Editor's Note: This article replaced former Art. II,
Signs, adopted 3-30-1931 by Ord. No. 13, as amended.
[L.L. No. 1-2008, § 2]
As used in this article, the following terms shall have the
meanings indicated:
1.
SIGN — Any material, structure or device which is composed
of letters, pictures, engravings or symbols; designed or used for
the purpose of attracting, or which does attract, the attention of
the public to the subject matter thereof; and either located out of
doors on the exterior of a building or located inside a building within
five feet of the window or in a manner to be viewed principally by
passersby.
2.
Other definitions.
a.
AWNING — A roof-like shelter over a door or window of durable
waterproof fabric or material attached to a rigid frame and supported
entirely from a wall of a building.
b.
AWNING SIGN — Any awning with a visual message.
c.
BANNER — A sign or decoration composed of cloth or lightweight
material and which is typically hung over a street or an entrance.
d.
BARBER POLE — Any cylindrical, rectangular or polygonal upright
column, either with or without a rotating core, and having no internal
illumination, which is customarily used for advertising a barber shop.
e.
BILL — A public notice such as an advertising poster.
f.
BILLBOARD — A sign which directs attention to a business, commodity,
or service or entertainment conducted, sold, or offered elsewhere.
g.
BUILDING FASCIA — That portion of any elevation of a building
extending vertically from the grade to the top parapet wall or eaves,
and horizontally across the entire width of the building elevation,
including slanted wall surfaces sometimes referred to as a "mansard."
h.
BUILDING INSPECTOR — The Building Inspector of the Village
of Tuckahoe.
i.
BUSINESS ESTABLISHMENT — Any premises, either separate or defined
by permanent party walls within a building, with a common entrance
or entrances for one or more businesses conducted therein. Each business
in a building shall be considered its own business establishment for
purposes of this article.
j.
CODE ENFORCEMENT OFFICER — The Code Enforcement Officer of
the Village of Tuckahoe.
l.
DIRECTIONAL SIGN — A sign designed to provide direction to
pedestrian or vehicular traffic.
m.
DISPLAY WINDOW — The area in a storefront specifically designed
to display an arrangement or visual representation of merchandise
to attract buyers.
n.
ERECT — When used with respect to signs, means to paint, build,
construct, alter, display, relocate, attach, hang, place, suspend,
or affix. Such term does not include the repainting or refinishing
of a sign in a manner which changes the color or design of a sign
or any of its components.
o.
POLE/PYLON
MONUMENT SIGN
POST-AND-ARM SIGN/BLADE SIGN
FREESTANDING SIGN — A sign not permanently attached to or part
of any building but separate and permanently affixed into or upon
the ground, including but not limited to pole and pylon signs, and
monument signs.
A freestanding sign with the base of the actual sign area
at least six feet above the ground and supported by a vertical pole(s)
or pylon(s).
A freestanding sign supported by a base or one or two posts,
with the top edge of the sign no more than six feet above the grade.
A freestanding sign comprising a vertical post to which a
perpendicular arm is attached and from which the sign hangs.
p.
GASOLINE FILLING STATION CANOPY — A roof-like structure covering
fuel dispensers at a gasoline filling station.
q.
SELF-ILLUMINATED
EXTERNALLY ILLUMINATED
ILLUMINATED SIGN — Any sign, including but not limited to neon,
in or upon which an artificial light source is utilized in an manner
to illuminate the information and graphics of the sign. There are
four types:
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TYPE A — Direct source wherein the light source itself
is shaped and utilized to form the sign (e.g., neon or an array of
individual lamps).
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TYPE B — Internal illumination wherein a translucent,
transparent or opaque material which forms the sign is back-lighted
by the light source and the light source is enclosed from direct view.
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TYPE C — Direct external illumination wherein the sign
is illuminated by a light source placed in a manner to cast light
upon the sign.
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TYPE D— Indirect external illumination wherein the sign,
whether on an opaque, transparent or translucent panel, or applied
to the window of the business establishment, is illuminated by ambient
light.
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r.
INFORMATIONAL SIGN — A sign permanently affixed to doors or
windows advertising hours of operation, accepted credit cards, national
or regional brands, menus.
s.
LOGO/LOGOTYPE — A distinctly styled representation of the business,
building or trademark for the specific business or building it serves.
t.
OFF-PREMISES SIGN — A sign unrelated to a business or profession
conducted, or to a commodity or service sold or offered, upon the
premises where such sign is located.
u.
PAINTED SIGN — Any sign which is painted or otherwise inscribed
directly on any wall of a building or structure.
v.
PARAPET WALL — The part of any wall entirely above the roof
line.
w.
PLAQUE — A professional or commemorative, flat, thin sign affixed
directly to a building facade (e.g., professional name plates, historical
plaques, directory plaques, etc.).
x.
PORTABLE SIGN — A sign designed to be movable and not structurally
attached to the ground, a building, a structure or another sign, including,
but not limited to, banners, balloons, and sandwich boards.
y.
PRINCIPAL SIGN — The establishment's primary sign identifying
the business to passersby, whether on a wall, awning or window.
z.
PROFESSIONAL NAME PLATE — A plaque limited to the name of the
professional.
aa.
REPRESENTATIONAL SIGN — A three-dimensional sign built so as
to physically represent the object advertised.
bb.
RIGHT-OF-WAY — A public path or route over private property
that may lawfully be used by pedestrians.
cc.
SHOPPING CENTER — A group of stores, restaurants, and/or businesses
within a single architectural plan. For the purposes of this article,
the compilation of businesses commonly known as "Depot Mall" at the
corner of Columbus Avenue and Main Street.
dd.
SIDEWALK — A paved walkway along the side of the street for
pedestrian use.
ee.
SIDEWALK PARTITION — A barrier or separator that divides or
encloses the business and is located outside of the business on the
sidewalk.
ff.
SIGN DIRECTORY — A listing of two or more business enterprises.
gg.
SIGN STRUCTURE — The supports, uprights, bracing and framework
for a sign. In the case of a sign structure consisting of two or more
sides where the angle formed between any two of the sides or projections
thereof exceeds 30°, each side shall be considered a separate
sign.
hh.
SIGN SURFACE AREA — The entire area within a single, continuous
perimeter enclosing all elements which form an integral part of a
sign. The structure supporting a sign shall be excluded unless the
structure is designed in a way so as to form an integral background
for the display.
ii.
STREET — Any public or private way, street, avenue or road.
jj.
TEMPORARY SIGN — Any sign that is displayed for 30 days or
less, herein, including but not limited to signs for construction
projects, political campaigns, real estate sales, grand openings,
seasonal sales, anniversaries, or any other special event.
kk.
WALL-MOUNTED SIGN — A sign which is mounted directly on and
parallel to the building wall.
ll.
WINDOW — The entire glassed area within the frame.
mm.
WINDOW SIGN —
a.
EXTERIOR — A sign visible from a sidewalk, street, or other
public place which is permanently painted or etched on a window.
b.
INTERIOR — A sign visible from a sidewalk, street, or other
public place which is supported on an easel, mounted on a wall, affixed
to a window or suspended from a ceiling, located inside and primarily
intended to be viewed from the exterior and is located five feet or
less from the window.
[L.L. No. 1-2008, § 2; L.L. No. 1-2012, § 1]
a.
(Reserved)
b.
Exterior signs containing product or service advertising or trade
names separate from the name of the business.
c.
Neon signs and LED signs.
d.
Non-street-level window signs, except in industrially zoned areas.
e.
Off-premises signs and billboards, except as expressly permitted
herein.
f.
Painted signs.
g.
(Reserved)
h.
Pole/Pylon signs.
i.
Portable signs, except as expressly permitted herein.
j.
Representational signs.
k.
Self-illuminated signs.
l.
Signs or sign supports placed on the roof of a building and signs
on parapets of buildings with more than one story. For the purpose
of this article, a mansard fascia shall be considered a parapet.
m.
Signs illuminated by or containing flashing, intermittent, rotating
or moving lights, or which vary in intensity or color or that resemble
traffic control devices.
n.
Signs with visible moving, revolving or rotating parts, or visible
mechanical movement, except a traditional barber pole made of nonreflective
materials.
o.
Signs constructed of or containing mirrors or other reflective materials.
p.
Signs that emit smoke, vapors, particles, or sounds.
q.
Signs that, by dimension, placement or visible light sources, obstruct
the traversing by or the vision of pedestrians, cyclists or motorists
traveling on or entering buildings, public streets, sidewalks or rights-of-way.
r.
Signs or exterior displays consisting of pennants, flags (except
for one American Standard), ribbons, streamers, spinners, or similar
moving, fluttering, or revolving devices, except as expressly permitted
herein.
s.
Signs that are painted, pasted, or printed on any wall, facade, roof,
door mansard, curbstone, flagstone, pavement or any portion of any
sidewalk or street, except house numbers and traffic control signs.
t.
Signs placed upon any covered way, fencing or barricades other than
those of the owner, tenant or occupant of the premises or the contractor
engaged in the construction of the building in front of which such
covered way, barricade or fence is located.
u.
Signs placed upon benches or waste receptacles, except for a plaque
not in excess of 36 square inches in area identifying the donor of
the bench or the receptacle.
v.
Signs and bills placed upon fences or barriers around construction
sites.
w.
Signs or sign structures that interfere in any way with free use
of any fire escape or emergency exit.
x.
Signs that contain any lighting or control mechanism that may cause
interference with radio, television, or other communications signals.
y.
Signs with the optical illusion of movement, changing copy or holograms.
z.
Temporary signs except as expressly permitted herein.
[L.L. No. 1-2008, § 2]
3-18.1.
Temporary banners.
1.
Temporary banners which are not in excess of 25 square feet and are
intended to be posted for a period of less than 30 days are exempt
from review by the Sign and Awning Review Board as required herein.
However, they must receive written permission from the Village Clerk
before being posted. In order to receive written permission, one must
present the following to the Village Clerk:
a.
A written request stating the dates the temporary banner will be
posted and removed; and
b.
A drawing or sample of the proposed temporary banner.
c.
Upon receiving the written request and drawing or sample, the Village
Clerk may give written permission, noting the date that the banner
may be posted and the date the banner must be removed. This period
shall not exceed 30 days.
2.
Limitations on temporary banners.
a.
Once the business removes the temporary banner after the specified
time, the business will be required to wait a period of 60 days before
again requesting written permission from the Village Clerk for another
temporary banner.
3.
Temporary banners by not-for-profit organizations.
a.
Notwithstanding the foregoing, temporary banners that are installed,
maintained, draped or hung by not-for-profit organizations shall be
subject to the approval of the Village Board of Trustees upon terms
and conditions as determined by the Village Board of Trustees.
3-18.2.
Temporary signs.
1.
Temporary signs which are not in excess of two feet by two feet and
are intended to be posted for less than 30 days do not need a permit
and are exempt from approval of the Sign and Awning Review Board.
The following are considered temporary signs for the purposes of this
article:
a.
Commercial special event signs such as those used to announce grand
openings or other similar events;
b.
Signs used to announce or advertise such temporary uses as fairs,
carnivals, seasonal events, agricultural events, circuses, revivals,
sporting events, flea markets, or any public, cultural, charitable,
educational or religious event or function, including messages of
congratulations or commemoration.
c.
Advertising display panels, posters and similar graphic material
relating to general sales information, special offerings, sales promotions
and events may be displayed without a permit as long as:
i.
They are in an orderly, clean condition and are neatly displayed
and are mounted on solid, sturdy material. Metallic, iridescent and
bright colors are prohibited.
ii.
If affixed to a window, such signs shall not, individually or
cumulatively, cover greater than 1/3 of the outside door glass or
street-level window space of any store, office or place of business.
iii.
If not affixed to a window, such signs are individually supported
on easels, mounted on a wall or suspended from the ceiling in a true
and square manner and are located at least five feet back of the window
glass.
3-18.3.
Other exempt signs.
1.
Informational signs as defined herein, not exceeding a total gross
area of one square foot per door or window. No informational sign
shall be illuminated.
2.
Holiday lights and decorations displayed in season, including temporary
seasonal paintings on windows, and special contest events by local
schools, etc.; provided they are removed within 14 days after the
holiday or event.
3.
Signs incorporated into machinery or equipment by a manufacturer
or distributor which identify or advertise only the product or services
dispensed by the machine or equipment, such as signs integrated into
the design of vending machines, newspaper racks, telephone booths
and gasoline pumps.
4.
Warning signs to indicate the dangers of trespassing, swimming, and/or
similar hazards, not exceeding one square foot in area, or as deemed
adequate by the Building Inspector when special conditions apply.
5.
Alarm or security signs, no more than one square foot in area.
6.
Interior directory signs on commercial or multifamily residential
properties which are not visible from any public street.
7.
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs. Business names shall be allowed, excluding
advertising messages.
8.
Identification numbers on buildings, which shall be at least three
inches in height, but no greater than eight inches in height, and
which are displayed in numeric value and shall be placed on the front
of the building in such a manner as to be plainly legible from the
center of the street; and said number shall be placed near a source
of illumination so that it may be readily seen at night.
9.
Professional name plates; provided, however, that such professional
name plates shall not exceed one square foot in area and in no case
exceed 18 inches in length, and provided they are placed flat against
the exterior wall or door of the occupied premises. Name plates at
buildings with multiple business establishments shall be of a uniform
design.
10.
Political signs, not exceeding 20 square feet in area, including
signs promoting, advertising or identifying a political party, candidate
or issue, which shall be limited to one such sign per candidate (or
per party or issue) per storefront or lot, except that two such signs
shall be permitted on a premises located at a corner property at the
intersection of two public streets. Political signs relating to elections
shall not be erected prior to 60 calendar days before the election,
and must be removed no later than five calendar days after the election.
11.
Traffic or other municipal signs, legal notices, railroad crossing
signs, danger signs and such temporary emergency or nonadvertising
signs as may be approved by the Building Inspector, Superintendent
of Highways and/or Chief of Police.
12.
One parking and/or towing sign per 75 parking spaces, which is located
inside a private lot and is no greater than five square feet in area
and is either black and white or red and white.
13.
Real estate "For Sale" or "For Rent" signs for commercial properties
in the nonresidential zoning districts as defined by the Village of
Tuckahoe Zoning Code shall be permitted, provided that there is not
more than one sign, no greater than two feet by two feet, and it is
installed only in the interior window of the subject property. The
sign is limited to stating "For Sale/Lease/Rent" and the phone number
of the owner or owner's agent and must be on a black background
with red lettering.
14.
Construction signs for commercial or multifamily properties. A single
temporary construction sign displaying the name of the architect,
principal contractor, subcontractors and other contractors engaged
in the work of constructing a building or structure for which a building
permit has been issued and has not expired shall be permitted. Such
temporary sign shall be no more than 25 square feet and may be erected
only upon the private property and not on the town right-of-way. Text
is limited to project, contractor, owner, future tenant, agent, and
telephone number. Said sign shall be removed immediately upon completion
of construction or renovation.
15.
The Village of Tuckahoe, its agents, departments or officials shall
not be subject to the requirements of this article.
[L.L. No. 1-2008, § 2]
3-19.1.
Dimensions and placement.
1.
Wall-mounted
signs.
[L.L. No. 1-2012, § 2]
a.
The maximum vertical dimension or height of each sign shall be 24
inches and the maximum horizontal dimension or length of each sign
shall not exceed 75% of the building housing the business which is
the subject of the sign and has street frontage. In any case, the
maximum horizontal dimension or length of each such sign shall not
exceed 30 feet on any street frontage for the same business establishment.
b.
The lower edge of a sign shall not be located above the level of
the floor of the second story of the building upon which the sign
is placed or maintained. On a one-story building, such sign may be
located on the face of a parapet wall.
c.
Where the design of an existing building facade incorporates a specific
area for signs, the height and length of the signs shall be restricted
to the dimensions of this location.
d.
The maximum overall height of letter groups (including upper and
lower case-letters) and graphic symbol (including logo) shall be 18
inches. Where there is more than one line of letters and symbols,
the combined height of letters and symbols shall not exceed 18 inches,
including span between lines. No individual letter mounted directly
on the wall shall exceed 18 inches in height.
e.
The minimum thickness of letter forms and graphic symbols, other
than those painted on the surface, shall be 3/8 inch.
f.
Signs shall be placed parallel to the facade of the building and,
except for those on awnings, no part of a sign shall project more
than two inches beyond the face of the surface to which it is applied
nor extend beyond the building in any direction.
2.
Monument
signs.
[L.L. No. 1-2012, § 2]
a.
Monument signs shall be limited to the private property of the business
unless the Village first consents to the sign being placed on public
property.
b.
Monument signs shall not obstruct drivers' sight lines.
c.
Monument signs shall not be more than six feet in height, measured
from the grade to the top edge of the sign, and shall have an area
no greater than 24 square feet.
d.
Letters shall not exceed eight inches in height.
e.
Monument signs may be used as secondary signs.
3.
Window
signs.
[L.L. No. 1-2012, § 2]
a.
Applicants may use exterior window signs as a secondary sign (to
be included in the total number of signs) with business name and description.
b.
Phone numbers, email addresses, fax numbers, etc., may be displayed
as part of the exterior window sign; however, the same shall be limited
three (in total as part of the exterior window display.
c.
Window signs may not exceed 1/3 of the total window area.
d.
Lettering shall not exceed three inches in height.
e.
Vinyl letters may be used on windows.
f.
When the applicant uses a display window, the applicant may have
window signs that do not exceed 10% of the total window area.
4.
Banners.
[L.L. No. 1-2012, § 2]
a.
Banners not in excess of 25 square feet in area shall follow the
provisions set forth for temporary banners in section 3-18.1.
b.
Banners greater than 25 square feet in area shall be required to
meet these additional requirements:
c.
Such banners shall be made of durable waterproof material and shall
be securely affixed to the building facade or other approved surface.
d.
Each business shall be limited to one banner displayed at a time.
e.
Banners shall at no time be hung from awnings.
f.
Any banner shall be displayed over any sidewalk, street or highway
shall be subject to approval from both the Building Inspector and
the Superintendent of Highways, and New York State and Westchester
County Departments of Transportation, if required.
5.
Illuminated
signs.
[L.L. No. 1-2012, § 2]
a.
Self-illuminated signs (Type A and B) and product and brand name
advertising signs are prohibited on the building exterior, in the
window or within the interior arranged in a manner intended to be
seen by passersby.
b.
One externally illuminated sign (Type C or D) identifying the name
of the business and/or the principal business activity or service
provided will be permitted per street facade whether on the exterior
of the building, located on the window, or within the interior arranged
in a manner intended to be seen by passersby. On buildings located
on two or more streets, a maximum of two illuminated signs, with no
more than one per street, is permitted.
c.
The light sources providing the illumination for Type C signs shall
be one of two types:
i.
Ornamental incandescent fixture mounted to the facade of the building
with a maximum projection of 15 inches.
ii.
Concealed continuous strip with LED lighting, fluorescent lamps
or incandescent lighting and mounted immediately adjacent to the plane
of the building facade and enclosed, with minimum projection (four
inches).
d.
The design and appearance of light fixtures shall be fitting and
appropriately integrated with the architectural character of the building
facade and that of its neighbors.
e.
Light sources shall be:
i.
Shielded or screened in a manner not to be seen by passersby from
a normal viewing angle. Intense or glaring light is to be avoided.
ii.
Limited to LED lighting, fluorescent lamps or natural white
incandescent lighting.
iii.
Designed to cause a reasonable uniform distribution of light
upon the full extent of the sign.
f.
Illumination generally:
i.
No exterior signs on any building or premises shall be illuminated
after 12:00 midnight, except those places of business which shall
remain open after 12:00 midnight, and they shall be extinguished at
the time of closing of such business.
ii.
Illuminated signs shall employ only lights emitting an essentially
white light. No intermittent flashing or revolving illumination shall
be employed nor shall any sources of illumination be exposed except
as herein provided.
iii.
No illuminated sign employing any red, green or amber light
source shall be located as to be in the direct line of vision to and
beyond a traffic light from any point in the street served by such
traffic light.
6.
Portable
signs and additional signs.
[L.L. No. 1-2012, § 2]
a.
Sandwich board signs.
i.
Sign dimensions shall not exceed 36 inches in height and 25 inches
in width;
ii.
Limit of one sign per business establishment; this is in addition
to the principal and secondary business signs;
iii.
Signs shall be located so as to maintain pedestrian accessibility
and not obstruct drivers' sight lines;
iv.
Sandwich board signs may be displayed only during the operating
hours for the business with which it is associated;
v.
Signs must be placed directly in front of the business;
vi.
Signs must be constructed of durable weatherproof materials;
plastic is not permitted;
vii.
Moveable type is not permitted on sandwich board signs;
viii.
The Village reserves the right to require the removal of any
sandwich board sign that does not comply with the above restrictions;
ix.
Signs shall not be displayed during periods of high winds or
during snow storms;
x.
Whenever possible, signs shall be located on private property;
xi.
If it is not feasible to locate the sign on private property,
the sign may be permitted within the Village right-of-way, provided
that the applicant provides a certificate of insurance and proof of
endorsement naming the Village of Tuckahoe as an additional insured
in an amount no less than $1,000,000 prior to the issuance of a permit.
The owner, or majority shareholder if a corporation, shall sign a
statement assuming sole responsibility for the maintenance and control
of said sign and shall indemnify and hold harmless the Village of
Tuckahoe.
b.
Sidewalk partitions.
i.
Partitions are permitted to be placed on the sidewalk outside of
the business as long as they are on private property and do not interfere
with the public right-of-way.
ii.
The business name may be written one time on each partition
in lettering no greater than three inches in height. This is in addition
to the principal and secondary signs.
iii.
Partitions shall be constructed of durable waterproof materials.
iv.
Partitions may only be outside during business hours.
c.
Post-and-arm signs/blade signs.
i.
Businesses are limited to one post-and-arm sign in addition to their
principal and secondary signs.
ii.
The bottom edge of any such sign extending over a walkway must
be a minimum of seven feet high.
iii.
The maximum area of any post and arm sign shall be five square
feet.
iv.
Letters shall not exceed three inches in height.
7.
Style.
[L.L. No. 1-2012, § 2]
a.
Signs shall be in keeping with the architectural design of the building
upon which they are placed.
b.
Signs shall be limited to three colors. In addition, one tint of
those three colors is permitted, including the use of stripes or geometric
design. A color used for the return edge of letter forms or for graphic
symbols on carved signs shall be deemed a separate color. Black, white
and natural finishes shall be considered separate colors. Metallic,
iridescent and bright colors are prohibited. Use of natural bronze,
aluminum and stainless steel metals, and genuine gold or silver leaf,
is permitted. The Village Board shall promulgate a list of acceptable
and/or prohibited colors, and the Building Department shall maintain
the list and examples of designated colors. The acceptable color list
is available for review in the Building Department Office as contained
in the Pantone sample book.
c.
Except as provided in § 3-19.1(a), signs shall consist
of individual letters and symbols painted on or separately mounted
to the appropriate area of the building facade.
d.
Signs may contain one of the following: one trademark, one logo design
or one graphic so long as they are within the guidelines above as
to the height, width, and color requirements.
e.
No streamers, pennants or similar advertising devices shall be displayed.
f.
No advertising sign shall have any reflective material, such as mirror,
glass, shiny metal or plastic, which is movable or moving.
g.
The signs for each business establishment in a building shall be
coordinated in material, shape, lettering, color and/or decorative
elements.
8.
Awnings.
[L.L. No. 1-2012, § 3]
a.
General regulations:
i.
Awnings shall be fabricated to conform to the shape and dimensions
of window and doorway openings.
ii.
Awnings extending beyond the private property line shall be
stationary and extend no more than 18 inches over the public way.
iii.
Awnings that remain over private property may be retractable
and extend a maximum of 18 inches over the public way.
iv.
Arms and braces shall be fully concealed from end view of the
awning.
v.
Awning material, including any lettering or signs, shall be limited
to three colors. In addition, one tint of those three colors is permitted,
including the use of stripes or geometric designs. Black and white
shall be considered separate colors. Metallic, iridescent and bright
colors are prohibited. Notwithstanding any provision to the contrary,
all lettering on awnings shall be a maximum of 12 inches in height
and width. The Village Board shall promulgate a list of acceptable
and/or prohibited colors, and the Building Department shall maintain
the list and examples of the designated colors and materials. The
acceptable color list is available for review in the Building Department
Office as contained in the Awning sample book.
vi.
The awning support and finish structure, mechanism and enclosure
housing shall be of a neutral color, harmonious with the materials
of the building facade and awning fabric.
vii.
All awnings on the same building shall complement those of any
other awning on the building in terms of color, style, and material.
viii.
Awning material shall be of fabric and shall be made of a fire-retardant
material. The use of metal, plastic or other rigid materials is prohibited.
Fabric shall be canvas duck or vinyl-coated canvas or vinyl-coated
polyester fabric. Solid vinyl fabric is prohibited. Minimum weight
of fabric shall be 10 ounces per square yard for canvas and 12 ounces
per square yard for vinyl-coated canvas. The Sign and Awning Review
Board will have samples of the acceptable materials.
ix.
The minimum height from the sidewalk to any part of the awning
covering or its supporting frame shall be seven feet.
x.
The awning shall be installed in a manner which does not cover the
solid wall surface or architectural features of the building facade.
Awnings shall be fitted and mounted within the interior or exterior
of the architectural frame of the window and door openings. Any overlap
of the awning onto the building facade where necessitated by the particular
characteristics of the building facade shall be limited to six inches.
Awning enclosure housings should be integrated and recessed within
the window head construction.
xi.
Every owner or occupant of any building shall at all times keep
the awning in front of such building free of ice, snow, dirt or other
obstructions. Merchandise or other obstructions shall not be suspended
from any awning over any sidewalk.
9.
Awning signs.
a.
Signs on awnings shall be restricted to the name and description
of the business. Product or service advertising is prohibited.
b.
A trademark, logo or graphic may be represented on awning signs so
long as it satisfies the designated height and color requirements
set forth in this article and is in congruence with the rest of the
sign.
c.
All lettering on awning signs shall be a maximum of six inches in
height.
d.
Awnings shall not be illuminated so as to permit the illumination
to show through the awning or any part of the awning.
10.
Number.
a.
Each business establishment shall be limited to:
i.
One principal sign per facade identifying the name and type
of business;
ii.
One secondary sign identifying the name and type of business
located either on an awning, on the front door, on a monument sign
or an exterior window sign;
iii.
One portable or additional sign (sandwich board sign, sidewalk
partitions, or post-and-arm sign); and
iv.
If the business establishment is located on the corner of a
public right-of-way the business may place one additional sign on
each additional facade.
v.
Each business that takes up multiple storefronts is permitted
to apply for signage on each storefront.
[L.L. No. 1-2008, § 2]
1.
Shopping centers.
a.
In shopping centers, in addition to the signs herein permitted, one
monument sign is permitted, provided that:
i.
The entire sign shall not exceed four feet by six feet in size;
ii.
No lettering on such sign shall be more than 12 inches in height
or width;
iii.
Such sign identifies the name and/address of the shopping center
and the individual store names within the shopping center only;
iv.
Such sign shall be located entirely within the property line of the
premises;
v.
Such sign shall only be illuminated from an exterior light source;
vi.
Such sign shall be suitably landscaped and such landscaping shall
be periodically updated and suitably maintained.
2.
Gasoline filling stations.
a.
At a gasoline filling station, in addition to the signs permitted
herein, one monument sign is permitted, provided that:
i.
The entire sign shall not exceed four feet by six feet in size;
ii.
No lettering on such sign shall be more than 12 inches in height
or width;
iii.
Such sign shall identify the name and/or address of the gasoline
filling station only;
iv.
Such sign shall be located entirely within the property line of the
premises;
v.
Such sign shall only be illuminated from an exterior light source;
vi.
Such sign shall be suitably landscaped and such landscaping shall
be suitably maintained.
b.
No signs are permitted on canopies which cover fuel pumps.
c.
Price information shall be limited to fuel pump mounts with numbers
and letters not exceeding four inches in height or width.
d.
Light sources on gasoline filling station canopies must be recessed
or shrouded so light is directed onto fuel pumps only.
3.
Signs in residential districts or upon residential uses.
a.
The following signs are exempt from sign requirements under this
article:
i.
Identification signs not exceeding one square foot in area and used
solely for indicating the name and address of the occupant(s) of a
residence affixed to the structure for a one-family, two-family or
multifamily residence, memorial or historic structure.
ii.
Identification signs that are freestanding monument signs or post-and-arm
signs and are for a one-family or two-family residence.
iii.
Real estate "For Sale" or "For Rent" signs for one-family, two-family
and multifamily properties shall be permitted, provided that not more
than one sign, no greater than four square feet, is installed only
on the subject property and that the sign is placed at least 15 feet
from the curb where possible.
iv.
Construction signs for one- and two-family properties. A single temporary
construction sign displaying the name of the architect, principal
contractor, subcontractors and other contractors engaged in the work
of constructing a building or structure for which a building permit
has been issued and has not expired shall be permitted. Such temporary
sign shall not exceed 10 square feet and may be erected only upon
the property and not on the Village right-of-way. Text is limited
to project, contractor, owner, future tenant, agent, and telephone
number. Said sign shall be removed immediately upon completion of
construction or renovation.
v.
One bulletin board or other announcement sign for educational or
religious institutions with an area of not over 12 square feet, provided
that such sign is located on or adjacent to the wall of a building
or, if freestanding, then not nearer than 15 feet to any street or
property line.
b.
A temporary sign shall be permitted to announce an individual or
neighborhood tag or garage sale, provided that the following conditions
are met:
i.
A permit is obtained from the Village Clerk's office.
ii.
Any such sign may be displayed only during the hours of the sale
event.
iii.
Only one such sign may be posted on the site of the proposed
sale. No signs may be posted on telephone poles, street signs, or
anywhere in the Village right-of-way.
iv.
Such sign shall be no larger than two feet by two feet in size.
c.
The following signs must be approved by the Sign and Awning Review
Board and must have a sign permit from the Building Inspector:
[L.L. No. 1-2008, § 2]
1.
Permit required.
a.
It shall be unlawful for any person to erect, alter, relocate, reconstruct
or maintain or cause to be erected, altered, relocated, reconstructed
or maintained within the Village any sign or signs (including awnings)
without having obtained approval of the Sign and Awning Review Board
and if approved having obtained and paid for and having in force and
effect a permit therefor from the Building Inspector.
2.
Permit applications.
a.
An application for a sign or awning permit shall comply with the
following requirements. Such application shall be made to the Building
Department by submitting six copies thereof upon forms prescribed
by the Sign and Awning Review Board and provided by the Building Inspector
and shall be accompanied by the following documents:
i.
A drawing of the sign or awning, accurately depicting and dimensioning
it (including its thickness), with a scale of not less than one inch
equals one foot;
ii.
A drawing of the sign or awning illustrating the facade and accurately
depicting and dimensioning the sign on the facade with a scale of
1/4 inch equals one foot; or in lieu thereof a photograph of the sign
or awning digitally imposed on the facade;
iii.
The size and layout of letter forms and graphic symbols and
materials, colors and thickness shall be indicated;
iv.
Samples of each material and color to be used in the sign or awning;
v.
Photographs clearly showing the building facade in its entirety and
that of the immediately adjoining buildings. One photograph should
be a close-up showing the area where the proposed sign or awning will
be placed;
vi.
A description of the construction details of the sign or awning and
structure;
vii.
A location plan showing the position of the sign or awning on
the building or premises;
viii.
The location of any lighting or landscaping, if appropriate;
ix.
The method of attachment;
x.
If the applicant is the owner, the applicant shall provide sufficient
proof of ownership. If the applicant is not the owner of the premises,
then the applicant shall provide a sworn statement signed by the owner
of the premises consenting to the application for a sign, in addition
to the sufficient proof of ownership;
xi.
Proof of insurance for the sign or awning with an indemnification
clause for the Village; and
xii.
Building permit filing fee.
3.
Permit and fee.
[L.L. No. 1-2012, § 4]
a.
Upon the filing of the application and consent as required in this
article and upon its approval by the Sign and Awning Review Board
and the Building Inspector, the Building Inspector shall issue a sign
or awning construction and maintenance permit. The fee schedule for
such permits shall be posted by the Building Department.
b.
Proof of insurance shall also be provided upon every permit filing
and an indemnification clause to be signed by the Village of Tuckahoe.
c.
(Reserved)
d.
A permit shall expire and cease to exist upon the change of ownership
of the business or other commercial enterprise which the sign is used
to advertise.
e.
No refund shall be made or allowed for the abandonment of a permit.
4.
Revocation of permit.
a.
The Building Inspector may, at any time for a violation of this article,
revoke any existing permit. Notice of such revocation and the reason
or reasons therefor in writing shall be served by him upon the person
named as the licensee in the application by mailing the same to the
address given in the application and by filing a copy thereof immediately
in his office.
[L.L. No. 1-2008, § 2]
1.
Every sign shall be inspected by the Building Inspector at least
once a year, and he shall keep a record of such inspections.
2.
Signs and awnings shall be maintained in good and complete condition,
with panels, letter forms and graphics firmly mounted and in true
alignment, finishes in good repair, and properly lighted where applicable.
3.
The Building Inspector will notify the property owner of the failure
to properly maintain signs, including, but not limited to, torn awnings,
faded colors, missing letters and worn material. Failure to comply
with the Building Instructor's order to repair or refurbish a
sign in the allotted time is a violation of this article.
a.
Property owners shall not be required to obtain a permit to repair
an existing sign or awning as long as it is in its originally approved
state and will not be altered in any way.
4.
The applicant shall be responsible for any necessary cleaning and
repair of the building facade prior to the installation of the sign.
5.
All signs shall be properly secured, supported and braced and shall
be kept in perfect structural condition and clean and well painted
at all times. Every sign, its framework, braces, anchors and other
supports shall be constructed of such material and in such workmanlike
manner as shall make them safe and satisfactory to the Building Inspector.
6.
The Building Inspector may, at any time for a violation of this article,
revoke any existing permit. Notice of such revocation and the reason
or reasons therefor in writing shall be served by him upon the person
named as the licensee in the application by mailing the same to the
address given in the application and by filing a copy thereof immediately
in his office.
7.
Safety provisions.
a.
All signs and associated lighting shall be erected in compliance
with all applicable provisions of the Village of Tuckahoe Building
Code, the National Electrical Code and all applicable New York State
codes and shall be approved and inspected by the Building Inspector
and Electrical Inspector and certified by the New York State Board
of Underwriters or other approving testing agent as required.
b.
Whenever it shall appear to the Building Inspector or the Code Enforcement
Officer that any sign has been constructed or erected or is being
maintained in violation of any of the terms or provisions of this
article or is unsafe or insecure, or is in such condition as to be
a menace to the safety of the public, he shall thereupon issue or
cause to be issued a notice in writing to the licensee informing such
person of the violation of this article and the dangerous condition
of this sign and directing him to make such alterations or repair
thereto or to do such things or acts as are necessary or advisable
to place such a structure in a safe, substantial and secure condition
and to make the same comply with the requirements of this article
within such reasonable time as shall be stated in such notice. If
such licensee cannot be found or his whereabouts cannot be ascertained
with reasonable diligence, the Building Inspector shall attach or
cause to be attached to such structure a notice of the same import
as that required to be sent to the licensee. Upon failure to comply
with such notice within the time stated therein, the Sign and Awning
Review Board shall cause such sign or such part thereof as is constructed
or maintained in violation of this article to be torn down and removed
and shall charge the expense of such tearing down and removing to
the person so notified; provided, however, that nothing herein contained
shall prevent the Building Inspector from adopting such precautionary
measures as may be necessary or advisable, in case of imminent danger,
to place such sign in a safe condition, the expense of which shall
be charged to and paid by the licensee.
1.
Amortization.
[L.L. No. 1-2012, § 5]
a.
All interior window signs shall be removed within 60 days of the
effective date of this article.
b.
(Reserved)
c.
A nonconforming sign shall not be structurally repaired or enlarged
and shall be removed if the Building Inspector declares it unsafe;
a nonconforming sign shall not be relettered, painted or decorated.
2.
Approval of nonconforming signs.
[L.L. No. 1-2012, § 6]
a.
The Sign and Awning Review Board may, subject to the provisions below,
grant exceptions and approve a sign that does not meet the requirements
of this article under the following circumstances:
i.
The proposed sign has more than three colors with the additional
color(s) not being the return edge of the letters or graphic symbols
on a carved sign; provided, however, that no bright or iridescent
colors shall be permitted;
ii.
The sign includes lighting or is of a size that, while not in conformance
with the requirements of this article, is compatible with the architectural
or design elements of the building or property where the sign is to
be located;
iii.
Such other circumstances which the Sign and Awning Review Board
in its sole reasonable discretion shall consider, including, but not
limited to:
1.
Economic hardship based on competent financial proof;
2.
Aesthetic and architectural characteristics;
3.
(Reserved)
4.
Public safety, general welfare and security;
5.
Minimum signage that can be designed to satisfy the needs of
the applicant;
6.
Topography or other circumstances of that particular property
which may affect its placement and/or size and which may differentiate
it from any adjoining properties;
7.
The aggregate signage as proposed by the applicant in addition
to any of those signs already in existence.
b.
All applications for approvals of exceptions pursuant to this §
3-23.2(a) shall specifically indicate the sections of this article
which the proposed or existing sign does not conform to, state the
reason such approval is requested and state why it is appropriate.
c.
The Sign and Awning Review Board may grant an exception to a new
sign that does not conform to all of the requirements of this article
through a unanimous vote under circumstances as stated above in §
3-23.2.
[L.L. No. 1-2008, § 2]
1.
A sign which no longer advertises a business or activity other than
one being conducted on the premises on which such sign is located,
or which does not comply with the regulations established for the
issuance of a permit pursuant to this article, shall be deemed prohibited
and shall be brought into compliance with this article.
2.
If necessary, the Village of Tuckahoe may remove such sign(s) and
the expense may be recovered by the Village in an action on this article,
which shall be instituted in the Village court which shall have jurisdiction
over this matter.
[L.L. No. 1-2008, § 2; L.L. No. 4-2009, § 1]
1.
Any person who, himself or by his agent or employee, shall construct, erect, relocate, alter, repair, maintain or use a sign or awning without a permit or shall violate any of the provisions of this article or who, having had his permit revoked, shall continue to construct, erect, relocate, alter, repair, maintain or use a sign or awning shall, upon conviction thereof be subject to a penalty as prescribed in § 1-7, and each day on which such violation continues shall constitute a separate offense. In addition to any penalty imposed, the permit of the person violating same shall be canceled or revoked.
2.
Any person who has received notification of a violation of this article
by the Code Enforcement Officer must file an application for a compliant
sign or awning with the Sign and Awning Review Board within 30 days
of such notification. Such applicant must then procure a permit within
90 days of said notification by the Sign and Awning Review Board.
During this one- hundred-twenty-day period, there will be a stay of
enforcement of penalty fees. Upon expiration of said 120 days, a fine
will be applied for each day he/she remains in violation as stated
above in § 3-25.1.
[L.L. No. 1-2008, § 2; L.L. No. 1-2012, §
7]
1.
Establishment.
a.
There shall be a Sign and Awning Review Board of three members pursuant
to the provisions of the Village Law, with all the power and duties
prescribed by law and by this article. All members of the Sign and
Awning Review Board must be a Tuckahoe resident or a Tuckahoe business
owner in good standing.
b.
The Mayor shall designate one member of the Sign and Awning Review
Board to serve as Chairperson of such Board for a period of one official
year.
d.
After the first Sign and Awning Review Board is constituted, each
future appointee shall serve a term of three years on such Board.
e.
In addition to the three regular members of such Board, the Board
of Trustees may appoint one ad hoc member to the Sign and Awning Review
Board to serve a one-year term. Such ad hoc member shall serve on
the Sign and Awning Review Board whenever absences or conflicts of
interest of regular members prevent three regular members from hearing
an application or applications.
f.
The powers and duties of the Sign and Awning Review Board are summarized
and more particularly specified as follows, provided that none of
the following provisions shall be deemed to limit any power of the
Sign and Awning Review Board.
2.
Powers and duties.
a.
The Sign and Awning Review Board shall review each permit application
and shall approve, disapprove, or approve subject to modifications
or conditions being guided by the purpose and intent of this article
of the Code of the Village of Tuckahoe. The Building Inspector shall,
within five business days of approval by the Sign and Awning Review
Board or such period of time as he shall determine, or within five
working days of compliance with any modifications or conditions required
for approval as the case may be, issue a permit for the erection of
the proposed sign or awning, provided that all fees and insurance
requirements have been met.
b.
In instances where a construction project is in its approval stages
in front of the Planning Board, the Sign and Awning Review Board will
take into consideration the recommendations of the Planning Board
in terms of sign placement and other issues concerning signage when
deciding whether to grant approval of the sign(s) in question.
c.
The Sign and Awning Review Board shall meet once per month pursuant
to a schedule of meetings available in the Office of the Village Clerk.
3.
Rules and regulations.
a.
The Sign and Awning Review Board may adopt such rules and regulations
as are necessary or proper to the performance of its powers and duties
hereunder and may amend or repeal the same.
4.
Quorum and decision.
a.
The presence of a majority of the members of the Sign and Awning
Review Board shall be necessary for a quorum. The concurring vote
of a majority of the total members of the Sign and Awning Review Board
shall be necessary to decide any matter before it.
5.
Comprehensive Plan/Master Plan.
a.
The Sign and Awning Review Board shall recommend revisions to the
Village Comprehensive Plan to the Village Board of Trustees.
6.
Sign and Awning Review Board approval.
a.
Signs and awnings requiring a sign permit shall be erected, constructed,
reconstructed or altered only after there has been compliance with
the following conditions:
b.
The Sign and Awning Review Board shall have a maximum of 60 days
from its receipt of a complete application to render a decision on
the application. An application shall be deemed complete for purposes
of this section when all applications, drawings, renderings, plans,
materials and other reasonable information requested by the Sign and
Awning Review Board shall have been submitted to the Sign and Awning
Review Board for its consideration and all necessary fees have been
paid. Subject to the provisions of Subsection C immediately below,
in the event the Sign and Awning Review Board fails to render a decision
within the aforesaid sixty-day period, the application shall be deemed
to have been approved by the Sign and Awning Review Board based on
the latest application on file with the Building Department and Sign
and Awning Review Board.
c.
In the event that the Sign and Awning Review Board has recommended
changes to a particular sign and/or awning application within the
sixty-day period stated in Subsection b immediately above, and the
applicant is implementing or considering the implementation of those
changes, the Sign and Awning Review Board shall be deemed to have
satisfied the sixty-day period stated in Subsection b immediately
above even if the actual sixty-day period shall have expired while
the applicant is implementing or considering the implementation of
the changes recommended by the Sign and Awning Review Board.
[L.L. No. 1-2008, § 2]
1.
The Village Board may from time to time on its own motion, on petition,
or on recommendation of any board, agency or official of the Village,
after public notice and hearing, amend, supplement, repeal or change
the regulations and districts established under this article. Amendments
shall be permitted as provided in the Village Law and/or local law.
[L.L. No. 1-2008, § 2]
1.
Should any section, subsection, paragraph, sentence, clause, provision
or phrase of this article be declared by any court of competent jurisdiction
to be unconstitutional or invalid, such decision shall not affect
any other portion of this article.
[L.L. No. 1-2008, § 2]
1.
Upon the effective date of this article, the previous Sign Law of
the Village of Tuckahoe and any amendments thereto is hereby repealed.
[L.L. No. 1-2008, § 2]
1.
This article shall take effect immediately.
