[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.
a. RETRACTABLE AWNING — Any awning supported solely by the wall
of a building which can be raised to position flat against the building
when not in use.
b. STATIONARY AWNING — Any awning that is not movable.
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. 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.
POLE/PYLON
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).
MONUMENT SIGN
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.
POST-AND-ARM SIGN/BLADE SIGN
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. 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:
SELF-ILLUMINATED
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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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EXTERNALLY ILLUMINATED
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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]
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.
i. Portable signs, except as expressly permitted herein.
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; 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.
c. The first Sign and Awning Review Board shall be composed of:
i. One member who shall be appointed for a term of three years;
ii. A second member who shall be appointed for a term of two years; and
iii.
The third member, who shall be appointed for a term of one 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:
i. Approval by the Sign and Awning Review Board as to design, colors,
materials, illumination, location and size; and
ii. When granted a sign permit from the Building Inspector; and
iii.
Upon payment of the required fees and the required proof of
insurance.
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.