[HISTORY: Adopted by the Board of Trustees of the Village
of Montebello 2-19-2014 by L.L. No. 2-2014. Amendments noted where
applicable.]
A.
The purpose of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
signs of all types and certain indoor signs. This chapter is intended
to protect property values, create a more attractive economic and
business climate, enhance and protect the physical appearance of the
entire Village, protect the architectural and historic heritage of
the Village, and preserve its scenic, man-made and natural beauty
by ensuring that signage is appropriate to the character of Montebello
and all its districts; to reduce sign distractions and obstructions
that may contribute to traffic accidents; to reduce hazards which
may be created by signs projecting over sidewalks or pedestrian areas
or streets; and to regulate signs in a manner consistent with the
legislative intent and purpose of the Montebello Comprehensive Plan,
adopted by the Village Board in December 2009, and the Montebello
Zoning Code.[1]
B.
This chapter is intended to promote attractive signs which clearly
present the visual message in a manner that is compatible with its
surroundings. The appearance, character and quality of a community
are affected by the location, size, construction and graphic design
of its signs. Therefore, such signs should convey their message clearly
and simply to integrate well with their surroundings.
Pursuant to § 10 of the Municipal Home Rule Law, the
Village Board is authorized to adopt sign plan rules and regulations
which shall include standards for signs and lighting. Signs heretofore
validly erected are permitted subject to the provisions of this chapter.
No sign shall hereafter be erected, reerected, constructed, enlarged or altered without a sign permit unless exempt pursuant to § 143-4 below. No sign permit shall be issued except as shown on an approved site development plan or sign plan. Where only the sign display portion of a validly erected sign is being changed, no sign permit is required, but where colors are proposed to be changed, approval by the Architectural Review Board is required. Required signs for special permit uses shall be established by the Planning Board taking into account the zoning district, the nature of the use, and the criteria of § 143-7. Signage standards for uses in the Route 59 Development District will be established by the Village Board as part of the review of a development proposal, based on the mix of uses proposed.
The following types of signs may be erected and maintained without
permits or fees, providing such signs comply with the general requirements
of this chapter and other conditions specifically imposed by the regulations:
A.
Historical markers, tablets and statues, memorial signs and plaques;
names of buildings and dates of erection when cut into any masonry
surface or when constructed of bronze, stainless steel, or similar
material; not exceeding four square feet.
B.
Flags and insignia of any government, except when displayed as an
integral part of a sign or commercial message.
C.
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs, as shown on an approved site development
plan, or signs installed pursuant to order of traffic control agencies,
including the New York State Thruway Authority, the New York State
Department of Transportation and the Rockland County Highway Department,
and shall conform to the Manual of Uniform Traffic Control Devices
(MUTCD), New York State Department of Transportation.
D.
Nonilluminated warning, private drive, posted or no trespassing signs;
not exceeding two square feet per face and not more than one sign
per 100 feet of street frontage.
F.
One announcement sign containing a number and nameplate identifying
residence, mounted in the lawn or on the house or mailbox, not exceeding
one square foot in area and set back at least 10 feet from the edge
of the road pavement if not on the mailbox. Where illuminated, such
signs shall be indirectly illuminated by a constant light, and the
light source should not be visible.
G.
Farmers-market-type signs or other temporary recurring signs, subject
to size limitation of the zoning district in which located, nonilluminated.
One permit is necessary for the entire season or event cycle, but
not to exceed 10 months. The date of installation shall be shown on
the sign.
H.
On-premises sign advertising merchandise for sale (such as garage
sale, tag sale, auction, etc.). Such sign shall not exceed four square
feet in area and shall not be in place for a period of more than seven
days. The date of installation shall be shown on the plan. Temporary
signs advertising merchandise for sale in or upon the premises where
such temporary signs are displayed shall be exempt from the permit
and security deposit provisions of this chapter. This provision does
not apply to commercial establishments or to persons regularly engaged
in the sale of merchandise.
J.
In the NS District, temporary window signs and posters placed on the interior side of the window and not exceeding a total area of 15% of the window surface. See § 143-10H for additional provisions.
K.
One sign, not exceeding six square feet in sign area in residential
districts or 16 square feet in sign area in nonresidential districts,
listing the architect, engineer, contractor, financing institution,
builder and/or owner(s), on premises where construction, renovation,
or repair is in progress; said sign must be set back at least 15 feet
from edge of pavement but shall not be within the designated street
lines; said signs shall be removed upon occupancy of the structure
or 30 days following issuance of a certificate of occupancy, whichever
occurs first. Where the contractor's work does not involve a certificate
of occupancy or reoccupancy, the sign shall be removed within 30 days
of completion of work. The date of sign installation shall be located
on the sign.
L.
Building permit, stop-work order and similar Village-issued signs.
M.
Public interest, property protection, or advisory signs shall be
exempt from the security deposit provisions of this chapter but from
no other provisions hereof.
N.
On residentially zoned properties, temporary nonilluminated For Sale
or For Rent signs, not exceeding four square feet in area, not more
than one sign per 100 feet of street frontage, located at least 15
feet from the edge of road pavement. Such signs shall be promptly
removed when property is sold or rented.
O.
On nonresidentially zoned properties, nonilluminated For Sale or
For Rent signs, not to exceed 15 square feet in area (total of all
signs), located at least 10 feet from the edge of road pavement. One
such sign may be provided on each street frontage, except that each
500 feet of frontage shall be considered an additional frontage. Each
sign shall be promptly removed when premises are sold or rented. Sign
size shall be limited to 50% greater area than permanent freestanding
or monument signs in the zoning district.
Any signs not expressly permitted by this chapter are prohibited.
A.
Permitted signs. In addition to exempt signs as set forth in § 143-4, the following signs are expressly permitted by this chapter, subject to the requirements of this chapter:
(1)
Announcement signs.
(2)
Business identification signs.
(3)
Directional signs, on premises, provided that same are erected on
the same premises as the activity, business or event to which they
relate. Directional signs, off-premises, on public roads and rights-of-way.
(4)
Directory signs.
(5)
Freestanding signs.
(6)
Illuminated signs.
(7)
Public interest signs.
(8)
Representational signs, subject to Planning Board approval.
(9)
Temporary signs, including political signs; provided, however, that
such signs may not be illuminated.
(10)
Wall signs. The sign wall area in all districts shall be derived
by measurement or by utilizing an assumed building height of 15 feet
for one-story buildings and 25 feet for two-story buildings, whichever
is less.
(11)
Window signs, projecting signs and awning signs, but only in
an NS Zone.
B.
Prohibited signs include, but are not limited to, the following sign
types:
(1)
Flashing signs, including any sign or device on which the artificial
light is not maintained stationary and constant in intensity and color
at all times when in use, except to show time and temperature. Signs
with a sequence of messages of short duration (copy-change signs)
shall be considered to be flashing signs.
(2)
Off-premises signs.
(3)
Signs referencing or depicting to any degree official traffic signs
or signals or signs suggesting endorsement by or representation of
a governmental agency.
(4)
Signs which emit noise, sounds or smoke, including audio signs.
(5)
Animated signs, whether by mechanical or electrical processes, including
signs with banners, streamers, spinners or other paraphernalia attached
to or associated with such signs.
(6)
Signs advertising businesses, commodities or services for any unlawful
business or undertaking.
(7)
Signs of a prurient nature or advertising businesses, commodities
or services of a prurient nature, which do not meet community standards.
(8)
Illuminated signs outlining any part of a building, such as a gable,
roof, window, sidewall or corner.
(9)
Signs made of cardboard, paper or similar impermanent material, except
temporary signs.
(10)
Portable signs and signs mounted on parked vehicles or trailers
or other similar mobile advertising media, except signs advertising
the vehicle for sale.
(11)
Signs which project over a street.
(12)
Signs obstructing traffic visibility. No freestanding sign shall
be erected or maintained in the shaded area shown in Sketch A found
at the end of the Zoning Chapter, as such shaded area relates to the
intersection of two streets or to the intersection of a driveway with
a street.[1]
(13)
A sign on which the illuminating source is visible from a public
way, park or any property line, except for signs constructed from
LED or neon-type tubes or similar illuminating systems.
(14)
Signs attached to trees, utility poles, fences, traffic signs,
street corner markers, or the like.
(15)
Billboards.
A.
No sign permit will be issued except in accordance with a sign plan
approval or a site development plan approval.
B.
If no sign plan approval or site development plan approval has been
obtained, the applicant must submit an application to the Planning
Board for either site development plan approval or sign plan approval,
whichever is applicable. In the case of a sign which is not submitted
as part of a site development plan, a sign plan for such sign shall
be subject to review and approval by the Planning Board. In the case
of a sign which is part of a site development plan, no separate sign
plan approval is required, provided that such sign was approved as
part of the site development plan.
C.
Applications for sign plan approvals (which are not part of a site
development plan application) shall be accompanied by copies of a
drawing showing elevation view, dimensions, sign area (both sides)
and external illumination. For freestanding signs, also show setback
from the designated street line. For wall signs, also show height
of signs above grade and overall height.
D.
Upon the approval of a site development plan or a sign plan, a copy
of the approved plan shall be transmitted to the Building Inspector
by the applicant, together with an application for a sign permit.
Such application shall be made to the Building Inspector on forms
prescribed by the Building Inspector and shall contain the information
specified in this chapter. All applications shall be accompanied by
the required fee in accordance with the standard schedule of fees
of the Village of Montebello.
E.
The Building Inspector, upon receipt of an application for a sign
permit, shall review same. If the sign requested has been approved
on a site development plan or a sign plan, conforms to the specifications
contained in this chapter, and meets all applicable electrical and
safety requirements, the Building Inspector shall issue a sign permit
for that sign.
The Planning Board shall provide for a limitation on the size
of signs, type and characteristics of illumination, number and location,
taking into consideration the uses on the site, including special
permit uses, and the reasonable requirement for communicating information
to the vehicular or pedestrian public, in accordance with the intent
of these regulations. The Planning Board shall consider the following
supplemental use criteria in granting any approvals for signs:
A.
Signs must be clearly accessory to the use or uses on the lot on
which they are located, and such signs and lighting must be shown
to be essential to the conduct of the principal use or uses upon the
lot.
B.
The size and content of the sign shall be the minimum essential for
legibility and for the provision of information to patrons or invitees
seeking the particular use described on such sign.
C.
The sign content shall not hawk or peddle and must clearly provide
only the information necessary to identify the use or uses upon the
lot.
D.
The sign shall not be confused with any traffic signal or other safety
device nor be composed of elements depicting in exaggerated size or
grotesque style the use or uses upon the lot.
E.
All signs, together with their supportings, braces, guys, anchors,
etc., shall be kept in repair and in a proper state of preservation.
The display surfaces of all signs shall be kept neatly painted or
maintained at all times.
[Amended 12-16-2020 by L.L. No. 4-2020]
A.
Applications for temporary and political sign permits shall be made
in writing to the Building Inspector in duplicate, and the Building
Inspector shall file one copy with the Village Clerk-Treasurer, on
forms prescribed by the Building Inspector. An application for a temporary
or political sign permit may pertain to all signs to be posted in
the Village for a particular candidate, party, referendum issue or
other purpose for which a temporary sign is permitted whether single
or multiple signs are contemplated. Such application shall contain
the following information:
(1)
Name, address, email address and telephone number of the applicant.
(2)
Location of the building, structure, or land upon which the sign
(or signs) is (are) to be erected.
(3)
Location on the premises; specifically, its position in relation
to adjacent buildings, structures, property lines, and roadways.
(4)
A description of the dimensions of the sign and surface area, temporary
or political signs not to exceed three feet (36 inches) by two feet
(24 inches) or 864 square inches (six square feet), and of the materials
of construction of it and the sign structure, together with either
of the following:
(5)
Affidavit from the applicant confirming that permission has been
received or will be received from owners of properties on which signs
are to be placed if the applicant is not the owner.
(6)
The period of time for which the signs are intended to be in place
(not to exceed the maximum of the limits set forth herein.)
(7)
The duration or date of any event to which the sign pertains.
(8)
Additionally, the applicant shall provide to the Village Clerk-Treasurer
and/or the Building Inspector any other information said official
deems necessary to process said application.
B.
Security deposit; time limits; exemptions.
(1)
A security deposit as specified in the standard schedule of fees
of the Village of Montebello is intended as a guaranty that each such
sign subject to this section will be removed as set forth herein or
as stated on the permit. Only one such security deposit shall be required
for each application for a sign permit. If such removal is not made
within the specified time, the Village shall have such signs removed
and the security deposit shall be forfeited to the Village to defray
the cost of removal of such signs.
(2)
No sign subject to this section may be posted or displayed in the
Village for more than 60 days and must be removed within two weeks
after expiration of the permit (happening of the event to which it
pertains), provided that if the sign pertains to an event which is
postponed or continued to a date later than originally anticipated,
then the date for removal shall be deemed to be so extended. In the
case of signs relating directly to an election, the date for removal
shall be deemed to be two weeks after the last election to which such
sign related.
(3)
Public interest signs, temporary advisory signs, and safety precautionary
signs are exempt from the provisions of this section except they must
be removed within two weeks after said event, provided that if the
event is postponed or continued to a date later than originally anticipated,
then the date for removal shall be deemed to be so extended.
(4)
Signs for a primary election are subject to the time limits herein.
Application for a new permit for the general election is subject to
the 60 days plus two weeks for removal. Temporary signs for nonelection
purposes are subject to the seventy-four-day limitation, after which
a new permit application must be made.
C.
Miscellaneous. The temporary and political signs size limitation,
not more than 24 inches by 36 inches or 864 square inches also applies
to signs placed on private property. Signs may not be placed or mounted
on utility poles, street signs or trees. The Building Inspector, Code
Enforcer or designee may immediately remove any noncomplying or unpermitted
sign, or hazardous sign, such as one which may restrict any sight
line or create a blowing or falling hazard.
The following additional requirements and standards shall apply
to the types of signs identified below:
A.
Freestanding business identification signs.
(1)
The vertical dimension of a business identification sign shall not
exceed 2 1/2 feet.
(2)
For permitted nonresidential establishments in residential districts:
(a)
One freestanding sign, the top of which shall not be more than
eight feet above ground level for each street frontage. Internally
illuminated signs may not be more than six square feet in area; externally
illuminated signs may not be more than 12 square feet in area, while
nonilluminated signs may not be more than 20 square feet in area.
Two-sided signs may not be more than 15 square feet in area on each
side or, if illuminated, not more than nine square feet in area on
each side. Illumination from an external source shall be directed
away from the street. The light source shall not be visible. The illumination
shall not produce glare as defined in the Illuminating Engineering
Society of North America IES Lighting Ready Reference nor obstruct
the view of oncoming drivers. Freestanding signs shall be no closer
than 20 feet to the designated street line, except that the Planning
Board may modify the distance to provide for visibility where otherwise
obscured by trees, stone walls, or other elements of visual interest.
(b)
Where two signs are permitted, one shall be identified as the
primary sign; the secondary sign shall be smaller and less prominent.
(c)
A sign, whether or not architecturally integrated with the building
design, shall be subdued in appearance.
(3)
For permitted nonresidential establishments in nonresidential districts,
not in NS District.
(a)
One freestanding sign not higher than the building, but in no
case higher than 25 feet, may contain only the name of the center
and not individual tenants; not more than 20 square feet of sign area
on each side, set back at least 10 feet from the designated street
line. In the alternative, a monument-type sign may be provided, with
a total sign area not to exceed 50 square feet, set back at least
10 feet from the designated street line with a height not to exceed
15 feet.
(b)
For multitenant or multibuilding properties, directional signs
with tenant names may be permitted within the site by the Planning
Board.
(4)
For permitted nonresidential establishments in nonresidential districts:
NS District.
(a)
One freestanding sign for each frontage street not higher than
the building, but in no case higher than 25 feet, may contain the
name of the center and individual tenants with not more than 40 square
feet of sign area on each side, set back at least 10 feet from the
designated street line. In the alternative, a monument-type sign may
be provided with a total sign area of not more than 60 square feet
of sign area on each side and a height not to exceed 15 feet.
(b)
Illumination of signs is limited to the hours of 6:00 a.m. to
10:00 p.m., except that stores may have one illuminated wall sign
in operation at all times. Illumination of pylon signs has no time
restriction.
(c)
For retail centers, suspended identification signs may be permitted
perpendicular to storefronts under pedestrian area overhangs and canopies
to identify individual places of business. A suspended sign may not
be larger than 1.5 square feet. Lettering shall not be more than four
inches in height as part of the overall sign plan to be approved by
the Planning Board.
B.
Wall signs.
(1)
The dimensional requirements for wall signs shall include canopy,
projecting and integral roof signs. The vertical dimension of a wall
sign shall not exceed 2 1/2 feet.
(2)
For permitted nonresidential establishments in residential districts,
one sign for the principal use on the front facade, with a maximum
size of 5% of the area of the facade wall. The sign may not extend
more than three feet from the building wall; shall not extend above
the roof level of the building; shall not be illuminated; shall be
composed of lettering only.
(3)
For permitted nonresidential establishments in nonresidential districts,
not in NS districts.
(a)
Single-establishment buildings may have one indirectly illuminated
sign on a facade facing a street, with a total sign wall area of such
sign not to exceed 10% of the wall area of the facade, but not greater
than 40 square feet in PO, LO, and LO-C districts.
(b)
In the PI District, same as Subsection B(3)(a) above, but the total area of all signs may not exceed 10% of the wall area of the facade, with no individual sign greater than 40 square feet.
(c)
Multiestablishment buildings may have one indirectly illuminated
sign on a facade facing a street containing only the name of the center
and not individual tenants, and/or the building number, with a total
sign wall area of all such signs not to exceed 10% of the wall area
of the facade, but not greater than 40 square feet.
(4)
For permitted nonresidential establishments in nonresidential districts:
NS District.
(a)
Single-establishment buildings may have one indirectly illuminated
sign on each facade facing a street, with a total sign wall area of
such sign not to exceed 10% of the wall area of the facade, but not
greater than 40 square feet. The sign wall area in all districts shall
be derived by utilizing an assumed building height of 15 feet for
one-story buildings and 25 feet for two-story buildings.
(b)
Multiestablishment buildings: same as Subsection B(4)(a) above, but each sign may not be greater than 70% of the length of the building facade associated with each use or establishment. A single establishment shall not have more than one sign. All signs on a site must have a consistency in appearance, design, color, and dimension.
A.
Directional signs.
(1)
On-premises. Such signs are permitted in all districts and accessory
to any use requiring site development plan review. Such signs shall
be located as determined by the Planning Board and shall generally
not exceed two square feet in area and, if illuminated, shall not
exhibit glare. In nonresidential districts, the Planning Board may
allow tenant names on directional signs.
(2)
Off-premises. Such signs are permitted within public road rights-of-way,
subject to the regulations of the public agency controlling the right-of-way,
and this chapter. These provisions do not apply to the New York State
Thruway. Such signs shall be located as determined by the Building
Inspector and Village Engineer and shall generally not exceed two
square feet in area and shall not be illuminated.
B.
Projection. A sign attached to a building shall not extend more than
three feet from the building wall and shall not extend above the roof
level of the building or the facade, and no sign or sign support shall
be placed upon the roof of any building.
C.
Signs on site features. No signs shall be placed, painted or drawn
upon trees, rocks or natural features on the site or on utility poles,
bridges, culverts, towers or similar structures.
D.
Signs near county or state park or New York State Thruway. If the
applicant intends to propose a sign near, adjacent to or visible from
any county or state park or the New York State Thruway, the applicant
should first consult the appropriate county or state agency charged
with the responsibility for the maintenance of such property. For
purposes of the sign regulations, the New York State Thruway is considered
to be a street. The Planning Board may, at its sole discretion, modify
the requirements for signs visible from the Thruway to reduce distraction
or increase legibility.
E.
In the RSH and R-AH Zoning Districts, signs may be approved by the
Village Board or Planning Board as part of the approval of a special
permit.
F.
Maximum length and area. In no case may a sign be more than 50 feet
in length or exceed 50 square feet in area.
G.
Illumination. Signs may be illuminated by backlighting or by an external
source unless otherwise limited. Signs for nonresidential establishments
in residential districts, when illuminated, shall be by an external
source. The type and intensity of illumination shall be as determined
by the Planning Board. Illumination shall not produce glare as defined
in the Illuminating Engineering Society of North America IES Lighting
Ready Reference nor create a light spill in excess of that permitted
under the provisions of this code.
H.
Window signs. The maximum coverage of each window cannot exceed 15%,
except that public interest signs (missing children, school events,
etc.) may cover an additional 5%. Required licenses may be displayed
and are exempt from the percentage limitation. Trade symbols are subject
to the percentage limitation. Price information displayed in the windows
is subject to the percentage limitation. The actual sign size is to
be measured, not the size of the sign as it is viewed from the exterior.
Window signs may not be individually externally illuminated. Handheld-size
restaurant menus may be posted in windows and be illuminated and are
considered to be window signs. Window signs other than public interest
signs must be grouped together, within the fifteen-percent area of
the window. Temporary painted window displays of a noncommercial nature
(e.g., holiday-themed) are not subject to these requirements.
I.
Facing residential zoning districts or residential properties. Wall
signs are not permitted on nonresidential buildings and in nonresidential
zoning districts facing residential zoning districts or residential
properties. Freestanding signs on nonresidential properties in nonresidential
zoning districts facing residential zoning districts or residential
properties are limited to monument-type signs, not to exceed 30 square
feet in size, and which, if illuminated, may only be from an external
source, directed away from the street and the residential zoning district
or residential properties.
J.
Where an awning or canopy on which a sign is proposed to be placed
is translucent, the entire awning or canopy shall be considered to
be part of the sign, and dimensional requirements shall apply.
K.
Landscaping. The Planning Board may require landscaping along the
base of monument and freestanding signs.
L.
No more than two signs for the same subject may be located within
50 feet of each other, measured along a street line, whether on one
or both sides of the street.
M.
Where
signs identify an establishment using a foreign language or alphabet,
for reasons of public safety, to facilitate recognition by emergency
first responders, and to avoid confusion and queuing by motorists,
identification shall also be presented in the English language with
English characters and Arabic numerals large enough to be clearly
readable from the road, as circumstances and distance may require,
but in no event less than three inches in vertical dimension.
[Added 2-15-2023 by L.L. No. 1-2023]
Master signage plans are required for all sites with more than
one sign and shall include the following:
A.
An up-to-date site plan showing the location of buildings, parking
lots, driveways and landscaped areas.
B.
The location, size and height of all proposed business, identification
and traffic directional signs (and existing to remain signs).
C.
Computation of the maximum total sign area allowed and requested,
the maximum area allowed and requested for each individual sign, the
conceptual approach proposed for window signage.
D.
The owner's proposed standards for consistency among all signs, which
may be in narrative or graphic depiction, with regard to color scheme,
lettering or graphic style; lighting; location of each sign on the
site and on buildings; material; and sign proportions.
A.
Applicability. The installation of any sign not conforming to an
approved sign permit shall be deemed a violation of this chapter.
No sign permit shall hereafter be approved or issued, except pursuant
to the requirements of this chapter. No permit shall be issued for
any sign which does not conform with an approved sign plan.
B.
Removal of certain signs. Any sign, including all structural supports
or frame, now or hereafter existing which no longer identifies a use
on the subject premises, or which is not being maintained, shall be
taken down and removed by the owner, agent or person having the beneficial
use of the building or structure upon which such sign may be found
within 10 days after written notification from the Building Inspector,
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. The cost of such removal shall be borne by the
owner of the property on which such sign was erected and shall become
a lien upon such property until paid.
C.
Dangerous signs. Should a sign be or become insecure or in danger
of falling or otherwise unsafe in the opinion of the Building Inspector,
the owner thereof or person maintaining the same shall, upon receipt
of written notice from the Building Inspector and in any case within
five days thereafter, secure the same in a manner to be approved by
the Building Inspector. If such order is not complied with, the Building
Inspector is hereby authorized to cause removal of such dangerous
sign. When any sign is in such dangerous condition as to be immediately
dangerous to the safety of the public, the Building Inspector is hereby
authorized to take such action as in his opinion shall be necessary
to protect the public or property. The cost of such removal shall
be borne by the owner of the property on which such sign was erected
and shall become a lien upon such property until paid.
A.
Any sign which was in existence prior to the effective date of this
chapter, and which conformed to the applicable provisions of law at
the time of installation but which does not conform to the applicable
provisions of this chapter, shall be deemed nonconforming, and such
sign shall be removed or made conforming within six months of adoption
of this chapter. An owner of a nonconforming sign may apply to the
Board of Appeals for an extension of time based on factors such as
the cost to manufacture and install said sign, the age of the sign,
and a reasonable period of amortization.
B.
A nonconforming sign shall not be enlarged or replaced by another
nonconforming sign. Any maintenance or repair of a nonconforming sign
shall not cost more than 50% of the current estimated value of the
sign as of the date of the repair.
Whenever the Building Inspector or Planning Board shall approve
or disapprove an application for a sign, such decision shall be reviewable
by appeal to the Board of Appeals. Such appeal shall be taken not
more than 30 days after the filing of the decision by the Building
Inspector or the Planning Board.
Any person who shall violate any provision of this chapter,
or who shall build or install or repair any sign in violation of any
approved or preexisting conforming sign, or who shall knowingly assist
therein, shall be liable to a fine as may be established by the Village
Board. Each day's continued violation, beginning 10 days after notification
by the Building Inspector of said violation, shall constitute a separate
and additional violation. In addition to the foregoing provisions,
the Village shall have such other remedies for any violation or threatened
violation of this chapter as are now or may hereafter be provided
by law.
As used in this chapter, the following terms shall have the
meanings indicated:
A sign which directs attention to a business, commodity,
service, entertainment or attraction conducted, sold, offered or existing
elsewhere than on the same lot where such sign is displayed or not
for the principal use of such lot.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out-of-doors, or
on the exterior of any building, or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and which includes
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when such is placed in view of the general public.
Any exterior sign which contains a sign display that attempts
to solicit business through the inclusion of information which is
not pertinent to the identification of a particular establishment
and its location. Such information includes, but is not limited to,
hours of operation; detailed description of merchandise offered for
sale, lease or rent; sales and marketing policies, including prices;
and promotional slogans.
Any sign used to announce the use of the lot or direction
or location of buildings and structures on the lot for an office,
home occupation, religious, charitable or other institutional use.
An announcement sign may be indirectly illuminated.
See the definition of "sign surface area."
The use of an audio message, whether words or music, in a
manner intended to attract customers or visitors or announce the presence
of a business or service.
Any visual message incorporated into an awning attached to
a building.
A sign containing the name of an institution or establishment
and information regarding the business or activity conducted therein,
but specifically excluding phrases directing an action (e.g., stop,
buy, eat).
A visual message incorporated into a canopy attached to a
building.
A sign on which the visual message may be periodically changed.
A copy-change sign is not to be considered as a temporary sign.
An off-premises sign within a public road right-of-way limited
to providing directional information on the location of an activity,
event or facility.
A sign limited to providing information on the location of
an activity, business or event at the premises on which displayed.
A listing of two or more business enterprises, consisting
of a matrix and sign components.
A display or legend, including but not limited to letters,
words, logos and insignia which are used as or presented as an announcement
or identification.
An illuminated sign on which the artificial light changes
intensity or color.
Any sign not attached to or part of any building but separate
and permanently affixed by any other means, in or upon the ground.
Included are pole signs, pylon signs and masonry wall-type (monument)
signs.
A sign used to identify a permitted institution or establishment
which is the principal use upon the premises.
Any sign illuminated by electricity, gas or other artificial
light either from the interior or exterior of the sign and which includes
reflective and phosphorescent light.
A sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
See "sign, freestanding."
A sign unrelated to a business or a profession conducted,
or to a commodity or service sold or offered, upon the premises where
such sign is located.
A plan depicting the size, location, materials and display
of a sign, which plan shall be the sole permitted display for any
sign subject to the sign plan.
A temporary sign or advertisement, the import of which asks
or suggests that the viewer vote for or against a proposition or the
equivalent, or merely announces, a particular candidate, whether for
a primary, special or general election, seeking any political or elective
office, as well as any sign or advertisement, the import of which
asks or suggests that the viewer vote for or against, or merely announces,
a particular ballot.
A sign, whether on its own trailer, wheels, or otherwise,
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign.
A sign which is attached to the building wall or structure
and which extends horizontally more than 15 inches from the plane
of such wall, or a sign which is perpendicular to the face of such
wall or structure.
A sign with an advisory message relating to protection of
persons or a specific property. Example: Invisible fence®, burglar
alarm company, utility company property, no trespassing, caution or
warning signs.
A sign providing information of a noncommercial nature to
members of the community, such as missing pets, school, club, or religious
events or similar activities, subject to the size limitation for window
signs.
See "sign, freestanding."
A three-dimensional sign built so as to physically represent
the object advertised.
A sign installed by a public agency (highway, police, fire,
ambulance) limiting parking or closing traffic lanes in the interest
of public safety.
The supports, uprights, bracing and framework for the 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 the projections thereof
exceeds 30°, each side shall be considered a separate sign structure.
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background for the display. All faces
of a multifaced sign shall be included as surface area of such a sign.
Lighting devices projecting from a sign are to be considered part
of the sign surface area.
A sign that is suspended from the underside of a horizontal
surface or supporting frame of an overhang and is supported by such
surface or frame.
A sign, not including a portable sign or wall sign, intended to be in place for not more than 74 days (see § 143-8B). The right to have same posted shall be terminated by the sale of the premises or product advertised or occurrence of the work or event to which the sign refers.
A sign with an advisory message relating to a short-term
condition. Examples: Pesticide applied (date); keep off for _____
days; construction mark-out flags, no-parking signs for school or
similar events placed by police agencies and similar.
A sign which is painted on or attached to the outside wall
of a building, with the face of the sign in the plane parallel to
such wall, and not extending more than 15 inches from the face of
such wall.
The area of a building wall (not exceeding 15 feet above
ground level in the NS District and 25 feet in all other districts)
measured in the plane of the street frontage, including windows and
doors.
Any sign that is affixed to or painted on the interior or
exterior of a window, or any sign designed to be visible from the
exterior of the window at a distance exceeding 10 feet. Each window
is a separate entity, distinguished by its own frame. For purposes
of this definition, a "window sign" includes copy, a logo, trademark,
agency identification mark, product price information, or similar,
statues, caricatures, etc. Signs are intended to be for identification,
not advertising purposes, and interpretations will be made on that
basis.
Where the Planning Board finds that, because of special circumstances
of a particular site, extraordinary difficulties may result from strict
compliance with these regulations, it may adjust the regulations so
that substantial justice may be done and the public interest secured,
provided that any such adjustment will not have the effect of nullifying
the intent and purpose of these regulations. In granting any adjustment,
the Planning Board shall attach such conditions as are, in its judgment,
necessary to secure substantially the objectives of the regulations
so adjusted.
