For the purpose of interpreting and applying
the provisions of this chapter, the following definitions shall apply:
ERECT
When used in respect to signs, means to paint, build, construct,
alter, display, relocate, attach, hang, place, suspend or affix. Such
term does not include maintenance and repair but does include the
repainting or refinishing of a sign in a manner which changes the
color or design of the sign or any of its components.
PERPENDICULAR SIGN
Any sign, the face of which is perpendicular to the facade
of the building.
[Added 5-20-2002 by L.L. No. 6-2002]
SIGN
Any material, structure or device which is:
A.
Composed of letters, pictures or symbols;
B.
Designed or used for the purpose of attracting
or which does attract the attention of the public to the subject matter
thereof; and
C.
Either located out of doors on the exterior
of a building or located inside a building within five feet of the
window in a manner to be viewed principally by passersby or anywhere
on the premises.
The following signs are prohibited:
A. Flashing, moving or fluttering signs and signs which
emit smoke, visible vapors or particles, sound or odor.
B. Signs affixed to exterior glass, except specified
informational signs.
C. Signs of such a design and location that they interfere
with, compete for attention with or may be mistaken for a traffic
signal.
D. Freestanding or projecting signs within an area bounded
by the intersection of the rights-of-way of two or more streets and
located within 30 feet from such intersection along the rights-of-way
of such streets, except informational signs erected by a governmental
body.
E. Signs located in or projecting over a street or sidewalk, except for awnings and those erected by a governmental body and as permitted for perpendicular signs under §
251-11.
[Amended 5-20-2002 by L.L. No. 6-2002]
F. Exterior signs containing product or service advertising
or trade names.
G. Signs on any exterior wall of a building above the ground floor, except signs on windows which are otherwise permitted in accordance with this section or which are specifically exempted in §
251-4G.
K. Signs that are displayed in such a manner as to be
hazardous to traffic or to disturb the occupants of any other building.
L. Neon signs.
[Added 7-15-1991 by L.L. No. 11-1991]
The following boundaries are hereby established for the Broadway Sign District. Properties located in the district shall be subject to the requirements of §
251-9 hereinbelow.
A. Southern boundary: Irvington Village line.
B. Northern boundary: North Tarrytown Village line.
C. Eastern boundary: those properties with a front or
side exposure to Broadway.
D. Western boundary: those properties with a front or
side exposure to Broadway.
[Added 5-20-2002 by L.L. No. 6-2002; amended 6-17-2002 by L.L. No. 7-2002]
A. Any part of a perpendicular sign extending from any
facade of a building shall have a minimum clearance of eight feet
above grade and a maximum clearance at top of 12 feet from sidewalk.
B. Any perpendicular sign extending from any facade of
a building may extend for a distance not exceeding four feet from
the building.
C. The actual surface area of each side of a perpendicular
sign may not exceed nine square feet.
D. Perpendicular signs may not be internally illuminated
or constructed of plastic, fiberglass or similar material.
E. Both sides of any perpendicular sign shall be substantially
identical.
Floodlighting or other suitable illumination
of public buildings, churches, places of public assembly, theaters,
statues, trees, hotels, banks, off-street parking areas and gasoline
filling stations, but excluding automobile dealerships, may be permitted
under special permit by the Architectural Review Board, provided that:
A. Such lighting for the permitted uses listed above
shall be so screened as not to cause danger or nuisance to passersby
or to shine into the windows of any adjoining or nearby residences
or business establishments.
B. Such lighting shall be so arranged as to minimize
glare and to provide adequate light for the safe use of such facilities
but shall be so diffused and controlled as to create no hazards to
pedestrians or vehicular traffic on the area so lighted or on adjacent
streets or private properties.
C. Such illumination shall not continue after 2:00 a.m.,
except that this provision shall not be applicable to any municipal
parking lot.
D. The applicant shall comply with such other conditions
and restrictions imposed by the Architectural Review Board to promote
the general welfare of the Village.
E. The permit shall be valid for a period of three years
and may be renewed through application to the Architectural Review
Board.
The owner of any sign as defined and regulated
by this chapter shall be required to maintain said sign in a safe
condition at all times. In the event that there are any exterior parts
of said sign which shall become rusted or shall be liable to rust,
then and in that event such parts shall be properly painted at least
once every two years.
[Amended 2-1-1993 by L.L. No. 2-1993]
Any sign now or hereafter existing which no
longer advertises a bona fide activity shall be taken down and removed
by the owner, agent or person having the beneficial use of the building
or structure upon which the sign may be found within 10 days after
written notification from the Building Inspector or his designee,
and, upon failure to comply with such notice within the time specified
in such order, the Building Inspector is hereby authorized to cause
removal of such sign, and any expense incident thereto shall be paid
by the owner of the building or structure to which such sign is attached.
No sign shall be erected, relocated or maintained
so as to prevent free ingress to or egress from any door, window or
fire escape.
Where the application of the provisions of this
chapter may result in the signs hereby permitted being economically
inadequate or aesthetically undesirable or where there are practical
difficulties or unnecessary hardships due to the provisions of this
chapter and where the public safety and the general welfare of the
Village may be secured without requiring strict compliance with such
provisions, the Architectural Review Board may, upon written application,
vary or modify the application of any such provision of this chapter
subject to such appropriate conditions and safeguards as the Architectural
Review Board may determine.
Any person, partnership or corporation that
violates any of the provisions of this chapter shall be punishable
by a fine of not more than $150 for each offense. Each day such violation
continues shall constitute and be deemed a separate offense.