A.
The purpose of this article is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
signs of all types and indoor signs visible from outdoors. It is intended
to protect property values, create a more attractive economic and
business climate, enhance and protect the physical appearance of the
Village, protect architectural and historical heritage of the Village,
and provide for a more pleasing and enjoyable community. It is further
intended to reduce the sign or advertising distractions and obstructions
that may contribute to traffic accidents, reduce hazards that may
be caused by signs overhanging or projecting over public rights-of-way,
and curb the deterioration of the community environment.
B.
This article 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 enhance their surroundings.
C.
It is the further intent of these regulations to encourage that any
structure occupied for a commercial or industrial use be identified
by an approved sign.
D.
The provisions of this chapter shall govern the construction, alteration,
repair, display and maintenance of all signs together with their appurtenant
and auxiliary devices.
E.
Any non-English text on directional and locational signs shall be
repeated in English and the appearance and lighting of the sign if
necessary, shall be approved by the Planning Board.
All signs permitted in the Village shall comply with the requirements
and procedures as set forth in this article.
Except as specifically exempted in this article, no sign shall
hereafter be erected, re-erected, constructed, enlarged or altered
without a sign permit.
The following types of signs may be erected and maintained without
permits or fees, providing such signs comply with the general requirements
of this article 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; and emblems installed by government agencies, religious
or nonprofit organizations: not exceeding four square feet.
B.
Flags and insignia of any government, except when displayed in connection
with commercial promotion.
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 installed pursuant to order of traffic control agencies and
shall conform to the Manual of Uniform Traffic Control Devices, New
York State Department of Transportation.
D.
Non-illuminating 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.
E.
One on-premises sign, either freestanding or attached, in connection
with any residential building in any zoning district, for approved
home professional office or home occupation: not exceeding two square
feet and set back at least 15 feet from the edge of pavement, but
shall not be within the designated street line. Such sign may state
name and vocation only.
F.
Number and name plates identifying residents, mounted on house or
mailbox: not exceeding one square foot in area.
G.
Lawn signs identifying resident: not exceeding one square foot.
H.
Private-owner merchandise sale sign for garage sale or auction: not
exceeding four square feet on owner's property only for a period not
exceeding seven days.
I.
Temporary "for sale" or "for rent" real estate sign concerning the
premises upon which the sign is located. In a residential zone, one
sign not exceeding 15 square feet in sign area, no more than nine
square feet of sign area for a single sign face. In a nonresidential
zone, one sign not exceeding 30 square feet in sign area; said sign
must be set back at least 15 feet from edge of pavement, but shall
not be within the designated street lines. All such signs shall be
removed within three days after the sale, lease or rental of the premises.
J.
Temporary window signs and posters placed on the interior side of
the window and not exceeding a total area of 25% of the window surface
for a period not exceeding 30 days.
K.
At gasoline service stations:
L.
One sign, not exceeding six square feet in sign area in residential
districts or 16 square feet in sign area in the nonresidential districts,
listing the architect, engineer, contractor and/or owner, on premises
where construction, renovation, or repair is in progress. 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. At or adjacent
to premises in commercially zoned property owned, occupied or rented
by a tax-exempt organization [as said term is defined by Internal
Revenue Code Section 501(c)(3)], one portable sign may be maintained
by such tax-exempt organization, per location, not to exceed 36 square
feet in size.
The following signs are prohibited:
A.
Signs illuminated by or containing flashing, intermittent, rotating
or moving lights except to show time and temperature.
B.
Exterior advertising signs and billboards.
C.
Signs representing or depicting to any degree official traffic signs
or signals.
D.
Signs of a prurient nature or advertising business, commodities or
service of a prurient nature or any unlawful business or undertaking.
E.
Permanent signs made of cardboard, paper or similar nonpermanent
material.
F.
Signs mounted on parked vehicles or trailers or other similar mobile
advertising media.
G.
Signs attached to trees, utility poles, fences, traffic signs, street
corner markers, or the like.
H.
A sign attached to a building shall not exceed more than 15 inches
from the building wall, and no sign or sign support shall be placed
upon the roof of any building, nor shall any sign extend above the
top of any roof or wall facade.
I.
Signs which emit noise, sound or smoke.
J.
Animated signs, whether by mechanical or electrical processes, including
signs with banners, streamers, spinners or other paraphernalia attached
to or associated with such signs.
K.
Signs which project over a street or signs which project more than
three feet over a public walk.
L.
Freestanding signs except one ground level, monument-type sign may be permitted in accordance with § 210-65B(5) herein, or alternatively, one freestanding directory sign may be substituted for a freestanding monument sign, if a substantial portion of the businesses for which the sign is proposed are located in buildings that are set back at least 300 feet from the public right-of-way, or if in the Planning Board's judgment the structure or use to be identified is not sufficiently visible from the street. Freestanding directory signs are subject to regulations found in § 210-65B(6). See definitions for "monument sign" and "freestanding directory sign."
M.
Illuminated signs on residentially zoned properties.
N.
Exterior signs using neon or phosphorescent colors.
A.
Permit required.
(1)
Any person desiring to post or display political or other temporary
signs shall file an application for a temporary sign permit on forms
prescribed by the Building Inspector (subject to the next sentence),
and such application shall be accompanied by the required fee (if
any), including security deposit, to assure removal in accordance
with the Standard Schedule of Fees of the Village of Airmont. Said
form of permit application to be promulgated by the Building Inspector
shall require only the name and address of the sign applicant, the
purpose and general description of the content of the sign(s) (for
sign identification purposes only) and the estimated date of commencement
of the display of the sign(s) and removal date.
(2)
Political and other temporary signs posted or displayed within the
Village of Airmont shall be in accordance with this section.
(3)
Political and other temporary signs shall be granted permits in accordance with this section, provided that such signs are not attached to trees, utility poles, traffic signs, or street corner markers, and further provided that such signs are not placed in a position that will obstruct or impair vision of a roadway or traffic or in any manner create a hazard to the health and safety of the general public. Any such sign not in compliance with the foregoing shall subject both the sign applicant and the owner of the property on which such sign is located to penalties pursuant to § 210-68 of this article. Signs placed in violation of this article may be removed and discarded by the proper Village official if (a) no sign permit had been obtained for the placement of such sign anywhere in the Village of Airmont pursuant to the permit application procedure set forth in this article, or (b) such sign has been placed in a position that will obstruct or impair vision of a roadway or traffic or in any manner create a hazard to the health and safety of the general public. Except as set forth in the preceding sentence, signs placed in violation of this article shall not be removed by any Village official without the order of a court of competent jurisdiction.
(4)
Any licensed real estate broker or owner of a residential home may display a temporary "open house" sign on the property that is for sale for a period of no longer than six hours for each open house, consistent with the requirements of § 210-62I. Additionally, any licensed real estate broker and/or owner of a residential home for sale may display directional signs to the subject premises for sale, provided there are no more than six such directional signs for each open house and that such directional signs are displayed no longer than six hours for each open house. Such directional signs shall also be consistent with the requirements of § 210-62I, except that said directional signs need only be set back at least two feet from the edge of a paved road or the paved portion of a shoulder or existing sidewalk. Furthermore, no "open house" or directional sign to an open house shall have any attachment to the temporary signs, including, but not limited to, balloons, flyers or other items. Any licensed real estate broker may apply for, and maintain with the Building Inspector, an annual, unlimited permit to display "open house" signs and directional signs at various locations within the Village of Airmont consistent with this subsection upon deposit as security with the Building Inspector of $500 by check, which shall not be cashed by the Building Inspector except upon violation of this subsection. An owner of a residential home for sale that is for sale by owner shall deposit as security with the Building Inspector in order to obtain the permit covered by this section $100 by check, which shall not be cashed by the Building Inspector except upon violation of this subsection. The posting or displaying of any temporary "open house" signs and directional signs included in this section shall require the filing of an application for a temporary sign permit on a form prescribed by the Building Inspector pursuant to § 210-64A(1) of this article.
B.
Penalties for offenses.
(1)
Upon conviction of any requirement contained within this section,
the Village Justice or any other court of competent jurisdiction may
issue a monetary fine of not less than $50 and not more than $125
per offense. The amount of any fines issued hereunder is left to the
sound discretion of the court within the confines set forth herein.
C.
Disposition of fees.
(1)
Whenever a fee for permit required under § 210-64 is deposited by the Village of Airmont Building Inspector and is held by the Village of Airmont, in the event a fine issued by the court is less than the amount of the permit application fee, the difference shall be promptly returned by the Village to the applicant promptly after removal of all signs for which a permit has been applied for and the permit is returned by the applicant to the Village of Airmont Building Department.
(2)
Whenever a fee is deposited with the Village of Airmont for a permit
under this section, said fee shall be returned by the Village promptly
after removal of all signs for which a permit has been applied for
and the permit is returned by the applicant to the Village of Airmont
Building Department.
D.
Temporary and political signs.
(1)
Political signs shall be removed within one week immediately following
the nomination, primary, election or referendum to which it pertains.
(2)
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 and for
general Village purposes.
(3)
Temporary political signs promoting the election of individuals to
public office, provided they shall be removed within seven days following
the election. Such signs shall not be embellished by balloons, streamers
or other distractive adornments. Any such signs shall be placed on
property with the permission of the owner. Any sign placed on or over
the street or road right-of-way may be permitted, provided any such
sign placed within any right-of-way shall not create any sight or
visual obstruction on said street or roadway right-of-way.
(4)
No temporary or political sign may exceed 16 square feet per sign
in sign area in a commercial district, nor eight square feet per side
in a residential district.
(5)
Signs erected for a relatively short period of time, which may include
posters, announcements, banners and pennants and other similar objects.
Sign shall be removed immediately following the cessation of the event
or special sale or activity mentioned in the permit.
(6)
If such sign is not removed 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 and for
general Village purposes.
(7)
Temporary signs, other than political signs, located within a store
advertising merchandise for sale in the premises where such temporary
signs are displayed shall be exempt from the permit and security deposit
provision.
(8)
No temporary sign subject to this section, other than a political
sign, may be posted for more than 30 days.
A.
Permit required.
(1)
Application for a sign permit shall be made to the Building Inspector
on forms prescribed by the Building Inspector and shall be accompanied
by the required fee in accordance with the Standard Schedule of Fees
of the Village of Airmont.
(2)
The Building Inspector, upon receipt of an application for a sign
permit, shall review the same. If the sign requested has been approved
on a site development plan or a sign plan approved by the Planning
Board, the Building Inspector shall issue a sign permit.
(3)
If there is neither a sign plan approval nor site plan approval, the Building Inspector may issue a sign permit if said sign requested meets the criteria contained in Subsection A(5), B or C, or whichever is applicable. If after a review of the proposed sign, the Building Inspector shall determine the sign does not meet all the criteria of this article, he shall deny such permit.
(4)
If the sign permit has been denied by the Building Inspector, the
applicant must submit an application to the Planning Board for either
site development plan approval or sign plan approval, whichever is
applicable. Upon the approval of a site development plan or a sign
plan by the Planning Board, a copy of the approved plan shall be transmitted
to the Building Inspector.
(5)
The Planning Board, in reviewing and approving a site development
plan or sign plan, 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 and the reasonable requirement
for communicating information to the vehicular or pedestrian public.
The Planning Board shall consider the following signs.
(a)
Signs must be clearly accessory to the use or uses upon the
same lot, and such signs and lighting must be shown to be essential
to the conduct of the principal use 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 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 upon the lot.
(d)
The sign shall not be confused with any traffic sign or other
safety device nor be composed of elements depicting in exaggerated
size or grotesque style the use upon the lot.
(6)
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.
B.
Business identification signs (nonresidential districts).
(1)
A building devoted to entirely one use or establishment, one indirectly
illuminated sign may be located on the building facade facing the
frontage street or streets, with a total sign area of each such sign
not to exceed 10% of the wall area of each building facade, but in
no event more than 100 square feet.
(2)
In the case of a building devoted to more than one use or establishment,
one indirectly illuminated sign for each such use or establishment
may be located on the building facade facing the frontage street or
streets, with a total sign length of each such sign not to exceed
70% of the building facade length associated with each such use or
establishment, but in no event more than 100 square feet.
(3)
The vertical dimension of all business identification signs shall
not exceed 2 1/2 feet.
(4)
A sign attached to a building shall not exceed more than 15 inches
from the building wall except for a perpendicular sign which may extend
up to three feet upon approval of the Planning Board. No sign shall
be placed on any roof, nor extend above the roof or extend above the
wall facade.
(5)
If, in the Planning Board's judgment, a structure or use to be identified
is not sufficiently visible from the street, one freestanding (monument
type) business identification sign may be located on a lot facing
each frontage street, as directed by the Planning Board, with a total
sign area of each such sign not to exceed 40 square feet of sign area
and provided that each such sign shall be set back a minimum of 15
feet from the edge of pavement, but not within the designated street
line. The top of such sign shall not be higher than four feet above
average finished grade. Such signs shall not be illuminated by exposed
tubes, bulbs, or similar and there shall be no exterior spot lighting
or other illumination of such sign that will cause any glare on the
street or any adjoining property. Said sign shall only identify the
occupant of the property. It may identify a retail center, but not
the individual business.
(6)
Freestanding directory signs may be permitted subject to the following
regulations:
(a)
Such sign shall be permitted to identify the name of the shopping
center, and the names of the businesses within the shopping center.
If the name of a business is included within the name of the shopping
center or plaza, such business shall not be included a second time
on the sign as an individual business. No description of service provided
shall be permitted on the sign, unless it is part of the name of the
business.
(b)
No more than one freestanding sign shall be permitted to identify
any or all businesses in a particular shopping center or plaza whether
said particular center or plaza is on one or more lots.
(c)
Design, lighting, and lettering, and color shall be uniform
on the sign and lettering for all business within business name portion
of the sign shall be identical in height and style.
(d)
Such sign shall not interfere with sight distance requirements
at driveways to and from the property on which the sign is proposed.
(e)
The height of the sign shall be restricted to 17 feet and width shall be restricted to 10 feet, but in no event shall such sign exceed the total sign area provided in Subsection B(6)(g) below.
(f)
No portion of the sign shall be less than six feet from the
ground in order to assure adequate site distance.
(g)
The total sign area shall be restricted to 136 square feet for a two-sided sign, in accordance with the definition of sign area in Article XVIII of this Zoning Code or 68 feet for a single side of the sign. The sign area for all business name signs and the shopping center name sign shall be used when computing the total sign area.
(h)
Each business name sign shall not exceed one foot in height
by four feet in length on each side, except for the name of the shopping
center, which shall not have a height which exceeds three feet on
each side or eight feet in length.
(i)
The sign shall be set back at least 15 feet from the pavement,
and shall not be permitted within the designated street line.
C.
Business identification signs (residential districts).
(1)
One sign affixed to the front facade of the principal building may
be provided and shall not exceed 5% of said building facade sign wall
area, but in no event more than 50 square feet of sign area. Such
sign may be indirectly illuminated by a constant light integral to
the sign, but may not be illuminated after 11:00 p.m.
(2)
The vertical dimension of all business identification signs in a
residential district shall not exceed two feet.
(3)
A sign attached to a building shall not extend more than 15 inches
from the building wall, and shall not be located on the roof or extend
above the roof level of the building, or extend above any wall facade.
(4)
If in the Planning Board's judgment, a structure or use to be identified
is not sufficiently visible from the street, one freestanding (monument
type) business identification sign may be located on a lot facing
each frontage street, as directed by the Planning Board, with a total
sign area of 20 square feet in area, located at least 15 feet from
edge of pavement but not within the designated street line. The top
of such shall not be higher than four feet above the average finished
grade. Such signs may be indirectly illuminated by a constant light
integral to the sign.
D.
Places of worship, assembly, libraries, museums, social clubs.
(1)
One sign or bulletin board, customarily incidental to such uses,
may be erected on the premises of such institutions for each entrance
on a different street or highway.
(2)
Such sign may not exceed 24 square feet in sign area and shall be
set back a minimum of 15 feet from the edge of pavement but not within
the designated street line.
(3)
Signs may be illuminated but shall not be illuminated by exposed
tubes, bulbs, or similar exposed light sources and there shall be
no exterior spot lighting or other illumination of any such sign that
will cause any glare on the street or any adjoining property. In residential
zones, said illumination shall be turned off by 11:00 p.m.
A.
Any sign legally in existence prior to the effective date of this
chapter, but which does not conform to the applicable provisions of
this chapter, shall be deemed nonconforming, and the display of such
sign shall be permitted to continue.
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 depreciated value of the
sign as of the date of the repair.
A.
Any sign, including all structural supports and frame, now or hereafter
existing which no longer identifies a use on the subject premises,
or 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, with
this cost assigned back to the property owner.
B.
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, and any expense incident thereto shall be paid by the owner
of the building, structure or premises on which such sign is located.
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, and any expense incident thereto
shall be paid by the owner of the sign.
Any person, firm or corporation, whether as owner, lessee, agent or employee, who proceeds to erect, re-erect, construct or structurally alter any sign without first applying for and obtaining the necessary permit, or who in any other way violates any provision of this article, shall be liable to penalties as imposed in Article XIV, § 210-152, of this chapter.
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.
