[HISTORY: Adopted by the Board of Trustees of the Village
of the Branch as Ch. 71 of the 1973 Code. Amendments noted where applicable.]
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:
Any sign which is lighted by a self-container interior light
or by lights projected or directed onto the signs.
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.
Any sign other than an illuminated 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.
A.
The area, brilliance, character, color, degree, density, intensity,
location and type of illumination shall be the minimum necessary to
provide for the security of the property and the safety and welfare
of the public.
B.
All sources of illumination shall be shielded or directed in such
a manner that the direct rays therefrom are not cast upon any property
other than the lot on which such illumination is situated.
C.
Illumination shall be steady in nature, not flashing, moving or changing
in brilliance, color or intensity.
D.
The period of time of illumination shall be the minimum necessary
to provide for the security of the property and the safety and welfare
of the public. Illumination and illuminated signs must be turned off
and extinguished at or before 12:00 midnight of each day, except that
such signs as are maintained in connection with a business which is
normally open past 12:00 midnight may continue to be illuminated or
lighted until closing time, provided that the lighting intensity is
reduced by 50% after 12:00 midnight and that such sign shall be turned
off and extinguished at closing time. All illuminated signs turned
off or extinguished as above provided shall remain unlighted and extinguished
until the next regular posted opening hour of the business in connection
with which such sign is maintained.
No types of signs shall be erected or maintained in the Village
of the Branch except as provided in this chapter.
A.
Canopy. A sign attached to or made a part of a canopy shall be classified
as a canopy sign.
B.
Projecting. A wall sign projecting more than 12 inches from the face
of the building to which it is attached shall be classified as a projecting
sign and shall be subject to the granting of a special exception by
the Board of Trustees.
(1)
The bottom edge of or any appendage to such sign shall be not less
than 10 feet above grade at the sign.
(2)
No such sign or any part thereof shall project over any property
line.
(3)
Such sign shall not have advertising in a plane parallel to the surface
to which it is attached, and such sign shall not have advertising
in a plane which makes an angle of less than 60° with the surface
to which it is attached.
C.
Wall. A sign painted on or recessed or affixed in any manner to any
wall of a structure shall be classified as a wall sign.
(1)
No such sign shall project above the parapet or eaves of roof lines,
whichever shall be the lowest part of the structure on which it is
erected.
(2)
No such sign or any part thereof shall project more than 12 inches
from the wall to which it is affixed.
(3)
The bottom edge of or any appendage to such sign shall be not less
than 10 feet above grade at such sign.
D.
Freestanding. A sign freestanding on the ground or supported by one
or more uprights upon the ground, with or without braces and not attached
to a structure, shall be classified as a freestanding sign.
(1)
No such sign or any part thereof shall project over any property
line.
(2)
Any such sign located closer than 20 feet to a street property line
shall have an open space of not less than five feet between the lower
edge of such sign and the average grade of the ground at the base
of the uprights.
(3)
No such sign or part thereof shall extend more than 11 feet above
the average grade of the surrounding area.
E.
Window or inside. A sign erected or maintained in the interior of
a building, visible from any public or private street or highway,
shall be classified as a window or inside sign.
A.
Business. A sign intended to advertise the use of the lot on which
it is located for the distribution, production or sale of goods, the
performance of services or the name of the proprietor, rentor or lessee
of the lot or structure shall be classified as a business sign.
B.
Construction. A temporary sign used to advertise the erection or
alteration of a structure on the lot on which it is displayed shall
be classified as a construction sign and shall be removed prior to
the issuance of a certificate of occupancy.
C.
Directional. A nonilluminated, nonbusiness sign beneficial to public
safety or traffic control in connection with a use on the lot on which
it is displayed, or beneficial to public convenience and safety in
connection with directions to the location of a municipal, religious
or noncommercial public facility shall be classified as a directional
sign.
D.
Name. A sign used solely for showing the name and address of the
occupant of a single-family residential structure on the lot on which
it is displayed shall be classified as a name sign.
E.
Professional. A sign containing not more than the name, address and
profession of the occupant of a structure on the lot on which it is
displayed shall be classified as a professional sign.
F.
Public convenience. A sign used to identify a charitable, hospital,
institutional, municipal, nonprofit fraternal or membership, religious
or school use of a structure or lot on which it is displayed shall
be classified as a public convenience sign.
G.
Real estate. A nonilluminated temporary sign used to advertise the
availability, lease, rental or sale of the lot or structure on which
it is displayed shall be classified as a real estate sign. Such sign
shall be removed upon completion of the transaction advertised.
H.
Traffic. A sign erected by a town, county or state agency and used
to inform, control or direct traffic shall be classified as a traffic
sign.
A.
A sign may be permitted only in connection with a permitted use.
B.
Signs shall relate solely to the business or profession conducted
on the premises and shall advertise only the name of the owner or
lessee, the name of the establishment, the type of establishment,
goods or services or the trade name of the establishment and the goods
manufactured, sold or services rendered, except for traffic and public
convenience signs.
C.
A sign readable from two sides and with parallel faces shall be considered
one sign.
D.
No sign shall be so constructed, erected or located which will obstruct
the visibility with respect to the safety of the motorist or pedestrian
proceeding along the public way or entering or leaving a lot.
E.
All illuminated signs shall be illuminated by a steady source and
contain no moving or flashing parts. The illumination, if located
so as to be confused with traffic signals, shall not be green, red
or orange-yellow.
F.
No signs may be constructed, erected, provided, maintained, altered
or moved on a lot on which exists a nonconforming sign.
G.
With respect to any sign which is restricted to two feet in height,
insignia or key letters in a name on such sign may be varied to a
height not to exceed four feet, provided the total area of such sign
as varied does not exceed the total area otherwise permitted for such
sign under the provisions of this chapter.
H.
A canopy, projecting or wall business sign shall be permitted only
on the front face of a structure, except that on a corner lot situated
in a business district a second wall business sign facing a side street
may be permitted; provided, however, that such second sign faces property
situated in a business district in depth at least equal to the depth
of the lot upon which such second sign is located, that there is no
residential structure located on the opposite side of the side street
at a lesser distance from the front street of the lot on which such
second sign is located than 1 1/2 times the depth of the lot
on which said sign is located, that such second sign shall not exceed
two feet in height or a total length greater than 1/2 the length of
the building wall to which it is affixed or the permitted length of
sign on the building front, whichever is less, and that said second
sign shall be of similar design and contain similar wording to the
permitted sign on the building front.
I.
A freestanding business sign shall be located only in a front yard and no closer to side lot lines than the required side yard and shall be limited to one on a lot, unless otherwise specified in § 218-8.
J.
No signs except directional or traffic signs shall be permitted on
public streets or rights-of-way.
K.
A projecting sign shall not be installed on a lot containing a freestanding
sign, and vice versa.
L.
Nonilluminated, freestanding directional signs may be permitted in
any district, provided that such sign or signs shall not exceed two
square feet in area, that the number on a lot applicable to a use
thereon shall not exceed the number of approved ingresses and egresses
thereon, and that the number on a lot applicable to a use not located
on the lot upon which said sign is located shall be limited to one
such sign.
M.
Freestanding traffic signs shall be permitted in all districts.
A.
No sign shall be erected outside of any building or structure in
a residence district except the following:
(2)
Real estate sign (see § 218-6G).
(a)
Number permitted: one
per lot.
(b)
Maximum dimensions: two feet by three feet.
(c)
Maximum height of bottom of sign above ground level: five feet.
(d)
Location on developed property: not nearer to an adjacent street,
road or highway than the building line of the premises.
(e)
Location on undeveloped property: not nearer to an adjacent
street, road or highway than 25 feet.
(3)
Window sign: none permitted.
B.
C.
Signs erected in the Restricted Business District shall be governed
by the following restrictions:
(3)
Theater signs (see § 218-5C).
(a)
Number permitted: one on the front wall of the building in which
the theater is located, above the front entrance door, advertising
name of theater only.
(b)
Maximum dimensions: 30 square feet.
(c)
Marquee-type signs advertising material being performed or shown
in theater: none outside of theater permitted.
A.
In the Business District, freestanding, ground or pylon-type signs,
with dimensions greater than six feet by six feet, advertising only
the business conducted upon the premises, may be permitted when authorized
by the Board of Trustees as a special exception subject to such regulations
and safeguards as the Board of Trustees may deem necessary to protect
the health, safety, morals and general welfare of the Village, provided
that:
(1)
Such sign is necessary for proper identification of the business
or processes conducted or services rendered on the premises where
it is placed.
(2)
Such sign will not contribute to the devaluation of any property
in the area or to the general deterioration of the neighborhood in
which it is placed by reason of size, location on the premises or
aesthetic appearance.
(3)
Such sign will not interfere in any way with automotive visibility
or create or contribute to the creation of any traffic hazard.
(4)
Such sign will not obstruct any window, door, fire escape, stairway,
ladder or opening intended to provide light, air, ingress or egress
from any building.
(5)
Banners, pennants, streamers and other exterior promotional items
of a similar nature shall not be allowed in any part of the Business
District.
[Added 7-12-1988 by L.L. No. 5-1988]
B.
Grand opening
events. If conducted within 90 days from the issuance of a certificate
of occupancy by the Building Inspector, the Board of Trustees may
issue a special permit to announce the opening of a new store or business
for a period not to exceed two weeks with the following provisions:
[Added 11-14-2014 by L.L.
No. 4-2015]
(1)
Grand opening displays shall be limited to balloons, banners, flags,
pennants, streamers and other exterior promotional items of a similar
nature and will be allowed with prior approval from the Board of Trustees.
(2)
Signage otherwise prohibited under this chapter may be approved by
the Building Inspector and shall be limited to two small, nonilluminated
freestanding signs, each not to exceed four square feet.
(3)
Provided that there is ample space between the wall of the building
and the curb, a kiosk or booth may be set up to allow for the distribution
of pamphlets or related materials, application forms, etc., provided
that there is a clear path (e.g., at least six feet or 50% of sidewalk
width whichever is greater) that is free of obstructions to allow
adequate and safe pedestrian movement.
(4)
Mechanical, battery or electrical inflatables devices are prohibited.
(5)
The applicant must have the consent of the owner and leasee, if any,
of the premises in front of which the permitted activity is to be
conducted.
(6)
No sale or display of food or merchandise or other wares.
(7)
No outdoor lighting or live or mechanical/digital music shall be
permitted.
(8)
Hold harmless. The applicant shall agree to indemnify and save harmless
the Village of the Branch, its officers, agents, attorneys and employees
from and against any claims of loss, liability or damage by any person
arising as a result of the applicants operation of the grand opening
event.
(9)
Applicant agrees to remove all display items and signs and to restore
the store front to its original conditions within 24 hours of the
expiration date of the permit issued to conduct the grand opening
event.
(10)
Permit shall only be valid for the period applied for.
C.
The Board of Trustees shall refer all requests for signs to the Planning
Board for its recommendations.
D.
There shall be paid to the Village Clerk a sum as determined by the
Board of Trustees as an application fee in connection with each application
for a special exception under this section.
[Amended 3-9-2004 by L.L. No. 1-2004]
[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.
