This chapter is applicable within the Incorporated Village of
the Branch and shall be construed as an exercise of the powers of
such municipality to regulate, control and restrict the use of buildings,
structures and land for outdoor advertising purposes, displays, signs
and other advertising media in order to promote the health, safety,
morals and general welfare of the community, including the protection
and preservation of the property of the municipality and its inhabitants
and of peace and good order, for the benefit of trade and all matters
related thereto.
For the purposes of this chapter, the terms used herein are
defined as follows:
ILLUMINATED SIGN
Any sign which is lighted by a self-container interior light
or by lights projected or directed onto the signs.
ILLUMINATION
The lighting or floodlighting outside the confines of a structure
by means of electricity or the combustion of gases or liquids, or
the lighting of an area, object or structure.
SIGN
Any device for visual communications, either illuminated
or nonilluminated, that is used for the purpose of bringing the subject
thereof to the attention of the public, whether displayed from the
inside or affixed to the outside of a structure or separately constructed.
No types of signs shall be erected or maintained in the Village
of the Branch except as provided in this chapter.
[Amended 8-9-1977 by L.L. No. 2-1977]
It shall be unlawful for any person to erect, construct, paint,
alter, relocate, reconstruct, display or maintain or cause to be erected,
constructed, displayed or maintained any illumination or sign, except
name, real estate or traffic signs and signs with an area of one square
foot or less, without first having obtained a written permit from
the Building Inspector of the Village of the Branch.
Application for the permit shall be made in writing, in duplicate,
upon forms prescribed and provided by the Building Inspector or the
Village Clerk, to the Building Inspector, and shall contain the following
information:
A. Name, address and telephone number of applicant.
B. Location of building, structure or land to which or upon which the
sign is to be erected.
C. A detailed drawing or blueprint showing a description of the construction
details of the sign and showing the lettering and/or pictorial matter
composing the sign; the position of lighting or other extraneous devices;
and a location plan showing the position of the sign on any building
or land and its position in relation to nearby buildings or structures
and to any private or public street or highway.
D. Written consent of the owner of the building, structure or land to
which or on which the sign is to be erected, in the event the applicant
is not the owner thereof.
E. Certification of an electrical inspection by a qualified person or
firm.
[Amended 8-9-1977 by L.L. No. 2-1977; 5-8-1990 by L.L. No. 1-1990]
A. A fee shall be paid to the Building Inspector or Village Clerk for each sign permit issued, per square foot of sign. Where work for which a permit is required by this chapter is begun prior to obtaining a permit therefor, the fees will be doubled, but the payment of such double fees shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work nor from the penalties prescribed in Chapter
1, General Provisions.
[Amended 3-9-2004 by L.L. No. 1-2004]
B. All sign permits must be renewed during the first June following
one year from the date of issuance of the permit. Said permit must
be renewed during the month of June of every year thereafter. All
signs which are legal nonconforming uses must be registered with the
Building Inspector or the Village Clerk during the first June following
the adoption of this chapter and must be renewed during the month
of June of every year thereafter. The fee for renewal of an existing
permit or registration of legal nonconforming uses shall be identical
with that of the original issue of a sign permit.
[Amended 9-19-2012 by L.L. No. 3-2012]
The Board of Zoning Appeals, in considering variances from strict
conformity with the provisions of this chapter, shall, among other
things, consider the intensity, location and type of the proposed
illumination and illuminated or nonilluminated signs, and shall, when
granting variances, ensure by appropriate conditions that:
A. Illumination shall be only that necessary to provide for the security
of the property and the safety and welfare of the public while the
business is open to the public and that necessary for the security
of the property when not open to the public.
B. Illuminated or nonilluminated signs shall be only of such location,
size and type as are necessary to convey to the traveling public,
on adjacent public streets at a normal and unobstructed sight distance
on such streets, the message on said signs.
C. Illumination and signs shall not be distractive, hazardous or obstructive
to the traveling public on the public ways or upon entering or leaving
the lot on which such illumination or sign is located.
D. Illumination and illuminated signs shall not interfere with the normal
enjoyment of residential uses in adjacent residential districts.
All districts referred to in this chapter shall be as controlled and defined under the provisions Chapter
275, Zoning, of the Code of the Village of the Branch.
Any person aggrieved by the decision of the Building Inspector relative to the provisions of this chapter may appeal such decision to the Board of Zoning Appeals, as provided Chapter
275, Zoning, and shall comply with all procedural requirements prescribed by such Board of Zoning Appeals. Any person aggrieved by any decision of the Board of Appeals may have the decision reviewed by a special term of the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules.
[Added 3-12-1991 by L.L. No. 1-1991]
Illumination of the periphery of any doorways or windows shall
be prohibited in the Village of the Branch. However, this does not
preclude the use of holiday or festival lights commonly known as "Christmas
or Hanukkah lights."
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Each violation of this chapter shall be punishable by a fine
not to exceed $500 for each offense or by imprisonment not exceeding
15 days, or by both such fine and imprisonment.