[HISTORY: Adopted by the Board of Trustees
of the Village of Briarcliff Manor 12-15-2020 by L.L. No. 1-2021.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 220.
[1]
Editor's Note: This local law also repealed former Ch. 172,
Signs, adopted 11-19-1998 by L.L. No. 9-1998, as amended.
A.
The purpose of this chapter is to establish reasonable regulations
for the design, construction, installation, alteration, and maintenance
of signs in the Village of Briarcliff Manor in order to:
(1)
Protect the public health, safety and general welfare;
(2)
Maintain and enhance the aesthetic environment and physical appearance
of the Village;
(3)
Encourage the effective use of signs as a means of communication;
(4)
Reduce sign distractions and obstructions that may contribute to
traffic hazards;
(5)
Minimize the possible adverse effect of signs on nearby public and
private property and protect property values;
(6)
Enhance pedestrian safety by regulating signs which project over
or onto sidewalks and walkways;
(7)
Preserve the right of free speech exercised through the use of signs
containing noncommercial messages;
(8)
Further the goals and objectives of the Village Master Plan; and
B.
This chapter is intended to:
(1)
Establish a permit system to allow certain types of signs, and to
bring existing signs into compliance, subject to the standards and
permit procedures of this chapter;
(2)
Allow certain signs that are unobtrusive and incidental to the principal
use of the respective lots on which they are located, subject to the
requirements of this chapter, but without a requirement for a sign
permit;
(3)
Allow certain temporary signs, as described in this chapter;
(4)
Prohibit signs which are not expressly permitted in this chapter;
and
(5)
Provide for the permit application process, and enforcement of the
provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot as the light
source; also, any light with one or more beams that rotate or move.
Any premises, either separate or defined by permanent party
walls within a building, with a common entrance or entrances for one
or more businesses conducted therein.
Any sign, wording, logo, display, or other representation
that directly or indirectly names, advertises, or calls attention
to a business, product, service, or other commercial activity.
To construct, build, assemble, place, attach, create, paint,
draw, or in any other way bring into being or establish, but it shall
not include any of the foregoing activities as normal maintenance
of a sign or sign structure. Such term includes the repainting or
refinishing of a sign in a manner which changes the color or design
of sign or any of its components.
Any fabric, banner, or bunting containing distinctive colors,
patterns, or symbols used as a symbol of a government, political organization,
or other entity.
Any sign, wording, logo, display or other representation
that does not contain a "commercial message" as that term is defined
in this chapter.
Any material, structure or device which is composed of letters,
pictures, or symbols; designed or used for the purpose of attracting
the attention of the public to the subject matter thereof, and either
located outdoors on the exterior of a building or inside the building
within four feet of the window, excluding merchandise, pictures or
models of products or services incorporated in a customary window
display; works of art which in no way identify a product; official
notices issued by any court of public office or officer in the performance
of a public or official duty; and traffic control signs as defined
in the New York State Vehicle and Traffic Law, including but not limited
to the following specific sign types:
AWNING SIGNAny visual message sign which is mounted, painted on, or incorporated into an awning, canopy or other nonstructural covering over a door, entrance, window, or outdoor service area. The sign shall not project above, below or beyond the awning, canopy, or other nonstructural covering.
BANNERAny sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution shall not be considered banners.
FREESTANDING SIGNA sign not permanently attached to or part of any building but separate and permanently affixed by supports or any other means, placed on, or anchored in the ground. Included are pole signs, pylon signs and masonry wall-type signs.
IDENTIFICATION SIGNA sign indicating the logo, trademark or other identifying symbol; address; or combination of the name, symbol, or address of a building, business, development or establishment on the premises where it is located.
ILLUMINATED SIGNAny sign which gives forth artificial light by electricity, gas or phosphorescent light from a source of light contained within the sign or part of the sign structure.
INCIDENTAL SIGNA sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," and other similar directives.
NONRESIDENTIAL DEVELOPMENT IDENTIFICATION SIGNA sign identifying the name of a nonresidential use regulated under the provisions of this chapter and/or the name of any legally nonconforming use.
NONRESIDENTIAL DEVELOPMENT SPECIAL EVENT SIGNA sign announcing a special event sponsored by a nonresidential use regulated under the provision of this chapter, provided that such sign is displayed on the property of the nonresidential use sponsoring such event, is displayed for a period not to exceed 30 days and is removed from the premises not later than five days following the end of such event. A nonresidential special event sign shall not include a nonresidential development identification sign.
OFF-PREMISES SIGNA sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
PENNANTAny lightweight plastic, fabric, or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, or string, usually in a series, designed to move in the wind.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to: signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; and signs attached to or painted on vehicles parked in or visible from the public right-of-way, unless said vehicles are used in the normal day-to-day operation of the business.
PROJECTING SIGNA sign which is attached to the building wall or structure, not in the same plane as the wall, and which extends horizontally no more than four feet from the wall or 1/3 the width of the sidewalk, whichever is less. Projecting signs shall have a minimum vertical clearance from sidewalks of eight feet and shall not exceed four square feet in area. No dimension of any such sign face shall be more than twice the other dimension, nor shall the sign be more than three inches thick.
REPRESENTATIONAL SIGNA three-dimensional sign built so as to physically represent the object advertised.
RESIDENTIAL DEVELOPMENT IDENTIFICATION SIGNA sign identifying the name of a residential subdivision or the name of a multifamily development.
RESIDENTIAL SIGNAny sign located on a lot zoned for residential purposes that contains no commercial message except advertising for goods and services legally offered on the premises on which such sign is located, if offering such goods and services at such location conforms with all the requirements of Chapter 220, Zoning. A "residential sign" shall not include a residential development identification sign, a nonresidential development identification sign or a nonresidential development special event sign.
SIGN DIRECTORYA listing of two or more business establishments, consisting of a matrix and sign components.
TEMPORARY SIGNA sign which is designed to be displayed for a short period of time, and which is intended to advertise, announce or promote a particular event or series of events, to announce the availability for sale or lease of a particular item or items which will be available for a limited period.
WALL SIGNA sign which is painted on or attached to the outside wall of a building which does not project more than 12 inches within the same plane as the wall, and which is supported by such building or structure.
WARNING SIGNSigns with messages of warning, danger or caution.
WINDOW SIGNA sign, picture, symbol, or combination thereof, which is painted on or affixed to the window surface or located inside the building and within four feet of the window, which is legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located or 25 feet from the face of the window, whichever is less. "Window signs" shall include, but not be limited to, any sign containing a message that is subject to periodic change.
Where a sign consists of a single board or face with information
on one or both sides, the "sign area" shall be that which is enclosed
within the outside dimensions of such sign, not including the vertical,
horizontal or diagonal supports which may affix the sign to the ground
or to a structure or building, unless such supports are evidently
designed to be and are an integral part of the sign. Where a sign
consists of several individual faces, the sign area shall be the total
of the areas of all such faces which can be observed from any one
point. Where the sign consists of individual letters or symbols attached
to or painted onto an awning or building, the sign area shall be the
area of the smallest rectangle, triangle or circle which encompasses
all of the letters, symbols and any background of a different color
than the color of the building.
The sign supports, uprights, bracing and framework.
A.
Applicability and conformity. Except as otherwise provided in this
chapter, no sign shall be erected, installed, altered, displayed,
repaired, reconstructed, maintained, replaced, moved or relocated
within the Village of Briarcliff Manor except in conformity with and
as expressly authorized by the provisions of this chapter. In acting
on a site development plan, the Planning Board may authorize variation
from these standards and requirements upon demonstration of good cause
and in the interest of good design where consistent with the purposes
and intent of this chapter.
B.
Harmonious design. The design, character, size and scale of signs
shall be in keeping with and appropriate to the architectural design
of the building or structure upon which they are placed, the design
of neighboring properties and adjoining signs, and the general character
of the Village of Briarcliff Manor. Signs shall not cover any architectural
features or details on the building and shall be a subordinate part
of the streetscape.
C.
Minimum setbacks and traffic safety. No sign shall impair or cause
confusion to vehicular or pedestrian traffic, in its design, color
or placement. No sign shall impair visibility for the motorist at
a street corner or intersection or otherwise. No sign shall be located
in the road right-of-way or within 12 feet of the edge of the road
pavement or within a sight triangle consisting of the area between
the edge of the right-of-way and a line between two points measured
75 feet from the intersection of the edges of the pavement of the
intersecting roads, unless otherwise permitted or required by the
Planning Board as part of site plan approval.
D.
Illumination. Illuminated signs shall only be permitted in the Retail
Business (B1), General Business (B2), Complementary Use Transition
(CT) Zoning Districts, provided that:
(1)
All illuminated signs shall require approval by the Planning Board.
(2)
No sign shall be illuminated by or contain flashing, intermittent
or rotating or moving lights.
(3)
Externally lit signs shall be encouraged. Signs which are internally
illuminated shall emit only steady white light of constant intensity.
In no case shall the light source of an internally illuminated sign
be visible. Illumination shall be limited to the sign's lettering
and/or symbols, except that the illumination of the background area
of a sign with internal illumination may be permitted, provided that
the applicant can demonstrate to the Planning Board that such lighting
will not result in a level of illumination or glare that may cause
a distraction to motorists or negatively impact surrounding properties.
Illumination of the background shall not be brighter than the lettering.
(4)
Signs which have direct external lighting, such as flood or spotlights,
shall be illuminated by a steady white light projected directly onto
the sign, and with no glare or visibility of the light source to vehicular
or pedestrian traffic or to adjacent properties.
(5)
No temporary sign shall be illuminated.
(6)
Except where specifically permitted by the Planning Board, no sign
more than four feet from a window which is legible from a distance
of more than three feet beyond the lot line of the lot or parcel on
which such sign is located or 25 feet from the face of the window,
whichever is less, shall be illuminated after the close of business.
(7)
The use of neon or neon-like lighting shall be limited to architectural
treatment or signs identifying the particular business establishment
approved by the Planning Board. The use of neon or neon-like lighting
for incidental or accessory signage shall be prohibited except where
specifically permitted by the Planning Board.
E.
Window signs. Window signs shall be permitted, provided that:
(1)
Not more than 25% of any individual window pane shall be covered
by any sign, including temporary signs.
(2)
No combination of window signs, window displays or stacked products
and shelving within four feet of the window shall be so arranged as
to block more than 50% of the total glass area of the particular business
establishment, except for the temporary use for signage or notices
relative to Village or civic functions.
F.
Awning signs. Awning signs shall be permitted, provided that:
(1)
They are made of opaque fabric with a matte finish, or another approved
equivalent material.
(2)
Lettering, numerals, and symbols on awning signs shall be limited
to the name and street address of the person or establishment located
on the premises.
(3)
Lettering, numerals and symbols shall be placed on the valance (the
vertical, unangled or uncurved portion) of the awning only.
(4)
Illumination of awnings shall be limited to external sources. Internal
illumination or backlighting of awnings shall not be permitted.
G.
Maximum dimensions.
(1)
No freestanding sign shall exceed a height of 12 feet as measured
from the adjoining grade at the base of the sign.
(2)
Exterior wall signs shall not project above the highest level of
the vertical wall of the building facade on which they are located,
and shall not project more than 12 inches, in the same plane as the
wall, from the front, rear, or side wall of any building.
(3)
No single sign shall exceed 50 square feet in area.
(4)
Exterior projecting signs shall not exceed four square feet in area,
nor extend horizontally more than four feet from the wall of any building
or 1/3 the width of the sidewalk, whichever is less. Projecting signs
shall have a minimum vertical clearance of eight feet from sidewalks.
No dimension of any such sign face shall be more than twice the other
dimension, nor shall the sign be more than three inches thick.
H.
Multitenant comprehensive sign plan. All buildings or sites with
multiple nonresidential tenants shall be required to prepare a comprehensive
signage plan for the site for approval by the Planning Board. Said
plan shall identify the size, location and overall sign criteria for
all signs, including directory signs for the site. Directory signs
shall contain uniform colors for the sign message and material, as
well as uniform signable area for each of the tenants listed on the
directory.
I.
No movement. No sign or exterior display shall consist of ribbons,
streamers, spinners or similar moving, fluttering or revolving devices.
The Village Board may grant waivers to this prohibition for Village
departments, public agencies and other organizations through the adoption
of a resolution by majority vote of the Board.
J.
No emissions. No sign shall emit smoke, vapors or particles, or sound.
K.
Required maintenance. All signs shall be kept clean and free from
all hazards and defects, such as, but not limited to, faulty wiring
and loose fastenings, broken materials, faded colors, flaking paint,
missing bulbs. All signs shall be maintained at all times in a safe
condition and good repair so as not to be detrimental to the public
health, safety and general welfare.
The following temporary signs are permitted subject to the general regulations of § 172-3 herein and the following limitations:
A.
All temporary signs shall identify the date of posting and the required
date of removal on the back of each such sign.
B.
The following temporary signs are permitted without a sign permit:
(1)
One temporary sign not exceeding six square feet in area which advertises
the availability for sale, rent or lease of the premises upon which
such sign is located may be erected.
(2)
Other temporary signs may be displayed in windows of commercial or nonresidential establishments subject to the dimensional limitations of § 172-3 herein.
(3)
Temporary residential signs, including temporary signs for contractors, subject to the dimensional limitations of § 172-3 and the Schedule of Sign Regulations herein.[1] No such temporary sign shall be displayed for more than
seven consecutive days, nor more than 10 days in any thirty-day period
and shall be removed immediately after any related job or event.
[1]
Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
C.
The following temporary signs shall be permitted subject to issuance
of a sign permit in accordance with the requirements of this chapter:
(1)
Temporary nonresidential development special event signs. One or
more such signs shall be permitted, provided that:
(a)
A permit is obtained for a temporary sign for a period not to
exceed 30 days upon submittal of a written application, including
a description or sketch of the proposed sign design, colors, size,
location, and the requested period for posting.
(b)
All such temporary signs shall be removed by the date specified
in the sign permit, but in no case more than one week after the date
of the advertised event. All temporary signs, including posters and
flyers, which may be permitted off-site shall include the date of
required removal.
(2)
Temporary residential and nonresidential development signs and contractor
signs. Such temporary signs may identify the project, the owner or
developer, architect, engineer, contractor and subcontractors and
the funding sources and may contain related information, including
but not limited to sale or leasing information. One sign for each
road frontage not exceeding 12 square feet in area nor more than five
feet in any dimension during the construction period of a new building
or buildings for which a building permit has been issued shall be
permitted, provided that:
(a)
The term of such temporary sign permit shall not exceed 12 months
in duration. The Planning Board may issue an additional temporary
sign permit which shall not exceed six months in duration, provided
that construction is continuing at the site.
(b)
Such temporary sign shall directly relate to the work of constructing
or improving a structure for which a building permit has been issued.
(c)
Such a temporary sign shall be removed prior to the issuance
of a certificate of occupancy by the Village.
(3)
Other temporary signs not listed herein as may be approved by the
Planning Board.
In the interest of promoting the public health, safety and general welfare, the following signs shall be exempt from regulation under this chapter, subject to the general regulations of § 172-3 herein and the following standards specified below:
A.
Traffic or other municipal signs, legal notices, warning signs, or
nonadvertising and directional signs, as approved by the Village Board,
or its designee.
B.
Temporary emergency signs erected for safety of the public in an
area where repair or installation work is in progress.
C.
Except as otherwise provided by law, informational signs as required
by law, ordinance, government order or regulations.
D.
Property identification signs containing street address numbers,
not exceeding six inches in height and attached to a building or post
located on private property behind the lot line.
E.
One sign not exceeding one square foot in area on private property
indicating the private nature of a driveway or other premises.
F.
One sign not exceeding one square foot in area limiting use of private
property by the public.
G.
One sign not exceeding one square foot in area designating a security
system.
H.
One accessory sign per business establishment in the Retail Business
(B1) and General Business (B2) Zoning Districts, identifying such
business establishment as then currently open for and transacting
business. Such sign shall consist only of the word "OPEN" and shall
not exceed 16 inches in height and 30 inches in width and shall be
located inside the business establishment. Such sign may be illuminated
by use of neon or neon-like lighting, however, such sign shall not
contain flashing, intermittent, rotating or moving lights. Such sign
shall only be illuminated when such business establishment is open
for business.
All signs not expressly permitted under this chapter, or exempt from regulation in accordance with § 172-5 herein, are prohibited. The following signs are expressly prohibited in the Village:
A.
Off-premises commercial signs are prohibited, except only as specifically
authorized by other provisions of this chapter.
B.
Signs or sign supports on or above the roof of any building are prohibited.
The Planning Board shall have the discretion to permit signs on nearly
vertical false roofs which are nearly vertical, and which appear and
function as a wall of the building where such signage would be appropriate
and not otherwise possible.
C.
No sign shall be located in or project over a street or right-of-way,
except those erected by a governmental body.
D.
Exterior signs containing commercial product or service advertising,
trade names or logotypes separate from the name of the business are
prohibited.
E.
Portable signs are prohibited.
F.
Billboards containing commercial messages are prohibited.
G.
Signs attached to fences, trees, utility poles, rocks, or other part
of a natural landscape.
A.
Except as otherwise provided in this chapter, no sign shall be hereafter
erected, installed, altered, displayed, reconstructed, replaced, moved,
enlarged, or relocated within the Village unless a sign permit is
obtained from the Building Inspector following approval by the Planning
Board. No sign permit shall be issued for any existing or proposed
sign unless such sign is in conformance with the requirements of this
chapter.
B.
Application for a sign permit shall be made on a form provided by
the Building Inspector, which application shall include:
(1)
The name, address and telephone number of the applicant.
(2)
The location and tax parcel number of the building, structure or
lot to which the sign is to be attached or erected.
(3)
The position of the sign in relation to adjacent buildings or structures.
(4)
Ten scaled blueprints or ink drawings identifying the location, color,
area and dimensions of the sign(s), whether existing signs are to
remain or be removed; and the method of construction and attachment
to the building or ground.
(5)
The name of the person, firm, corporation or association erecting
the sign.
(6)
Written consent of the owner of the building or property where the
sign will be erected.
(7)
Any electrical permit required for the proposed sign.
(8)
Details of the proposed colors, types of lettering and other graphic
representations, as well as materials to be used.
(9)
Such other information as the Building Inspector and/or the Planning
Board shall require, to show full compliance with this chapter and
all other laws of the Village of Briarcliff Manor.
(10)
Completed ethics disclosure form.
C.
The application shall also be accompanied by a fee as set forth by
resolution of the Village Board of Trustees in the Master Fee Schedule,
which may be amended from time to time.
D.
Following formal submission of the application, the Building Inspector shall refer the complete application to the Planning Board, which shall then act to approve, approve with conditions, or deny approval, based on the requirements of this chapter in accordance with the same procedural requirements established in Chapter 220, Zoning, for site plan approval.
E.
Multitenant buildings or sites. Within six months from the adoption
of this chapter, all owners of multitenanted buildings or sites shall
be required to prepare and submit a comprehensive signage plan for
the entire site for approval by the Planning Board. Said plan shall
identify the size, location and overall sign criteria for all signs,
including directory signs for the entire site. Unless otherwise extended
by the Planning Board for just cause shown, said owners shall have
an additional six months to obtain Planning Board approval of and
implement a signage plan.
F.
Existing signs having a sign permit may be maintained and/or repaired by repainting, identical replacement of lettering, wording and accompanying symbols, reinforcement of the structural supports or replacement of electrical wiring. Such maintenance and/or repair shall not be considered a modification requiring compliance with § 172-7. Any modification to an existing sign that alters its appearance or structural design, including but not limited to a change in the dimensions, location, height or illumination, shall require that all applicable permitting procedures of this § 172-7 be followed. As used herein, the term "modification" shall not include a change in lettering, symbols, coloring or other design features of an existing sign, provided that such change does not alter any other characteristics of the sign's appearance or its structural design.
G.
Where additional signage is proposed for any use, any proposed signs
shall be required to comply with all applicable provisions of this
chapter, including but not limited to total (or aggregated) sign area
requirements.
The following signs are permitted in the respective zoning districts, subject to the general regulations of § 172-3 herein, and the following limitations, as shown in the Schedule of Sign Regulations.[1]
[1]
Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
A.
Nonconforming temporary signs shall be modified, altered or removed
in order to comply with this chapter within 30 days from the adoption
of this chapter in order to comply with this chapter.
B.
Signs existing on effective date of this chapter. For any sign lawfully
existing in the Village prior to the effective date of this chapter,
an application for a sign permit must be submitted to the Building
Inspector within six months of the effective date of this chapter
to be considered for either a conforming sign permit or a nonconforming
sign permit. Sign permit applications for existing signs submitted
within six months of the effective date of this chapter shall be exempt
from the initial fees adopted under authority of this chapter but
not from any subsequent sign permit fees. Any sign not lawfully existing
in the Village prior to December 18, 1998, the effective date of this
chapter, shall be removed or brought into conformance with the provisions
of this chapter by October
1, 1999.
C.
Existing signs made nonconforming by this chapter.
(1)
Except as otherwise provided in Subsection A above, a sign that was in existence prior to December 18, 1998, and that was constructed in accordance with other applicable laws in effect on the date of its construction, which by reason of its size, height, location, design, or construction is not in conformance with the requirements of this chapter shall be issued a nonconforming sign permit if an application is made in accordance with this chapter.
(2)
Such permit shall allow sign(s) with a commercial message made nonconforming
by this chapter to remain in place and be maintained until December
18, 2001. On or before that date, all such nonconforming signs with
a commercial message issued such nonconforming sign permit shall either
be eliminated or made to conform with the requirements of this chapter
and such period of time shall be deemed sufficient to amortize the
cost thereof.
D.
The Village shall provide written notice by mail, return receipt
requested, to all property owners known to be affected by the provisions
of this section within 30 days of the date of the adoption of this
chapter. Failure to provide such notice to affected property owners
shall not invalidate the requirements of this or other sections of
this chapter.
A sign permit shall be void if the sign authorized thereunder
has not been erected within 180 days from the date of issuance by
the Building Inspector.
A.
This chapter shall be enforced by the Building Inspector of the Village
of Briarcliff Manor, who shall issue a notice of violation ordering
correction of all conditions found to exist in or on any premises
which violate the provisions of this chapter.
B.
Any sign that concerns a use that is no longer in existence on the
property on which such sign is located shall be removed by the property
owner, or his authorized agent, within 30 days after the use vacates
the premises. The Building Inspector, upon determining that such sign
exists, shall notify the owner of the premises, in writing, to remove
or bring into compliance said sign within 30 days from the date of
such notice. Upon failure to comply with such notice within the prescribed
time, the Building Inspector shall issue a notice of violation.
C.
Penalty for failure to apply for sign permit. Any person who proceeds
to erect, construct or structurally alter any sign without first applying
for and obtaining the necessary permit shall be considered in violation
of a section or sections to this chapter pertaining thereto and shall
be subject to prosecution according to this section. Further, said
person shall be required, upon receipt of a written notice from the
Building Inspector, to file an application for the necessary permit
or permits and shall be required to pay fees as specified herein.
D.
Any person(s) or property owner(s) violating any of the provisions
of this chapter or not complying with the conditions of the approved
sign permit shall upon conviction be punished by a fine of not more
than $250. Each day that a violation continues shall constitute a
separate offense.
