[HISTORY: Adopted by the Board of Trustees
of the Village of Scarsdale 6-28-2022 by L.L. No. 6-2022[1]]
[1]
Editor's Note: This local law also repealed former Ch. 247,
Signs, adopted during codification 3-14-1989 by L.L. No. 9-1989.
As used in this chapter, the following terms shall have the
meanings indicated:
The surface and space above, on, and below any public highway,
avenue, street, lane, alley, boulevard, concourse, driveway, bridge,
tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, public
easement, right-of-way or any other public ground or water within
or in which the Village now or hereafter holds any property interest.
Any structure, device, fixture or placard that uses any color,
form, illumination, representation, symbol or writing (including letter,
word or numeral), pictorial representation (including illustration
or graphic), emblem (including symbol, logo or trademark), flag (including
banner or pennant), freestanding or otherwise, to advertise, announce
the purpose of, or identify the purpose of a person or entity, or
to communicate information of any kind and is visible to the public.
Except as provided in §§ 247-3 and 247-4, and subject to §§ 247-5 and 247-6 herein, no sign, whether permanent or temporary, shall be located within a public right-of-way or project horizontally into a public right-of-way except traffic signs or other governmental or neighborhood signs necessary to the public health, safety or welfare.
The following signs shall be exempt from the provisions of § 247-2 hereof:
A.
Any official federal, state or local government sign posted by an
authorized government agency, including traffic, directional and informational
signs, notices issued by any court, person, or officer in performance
of a public duty, and government flags, banners, emblems or historical
markers.
B.
Traffic control and other such signs designed for the public safety
and convenience, as may be authorized by the Board of Trustees of
the Village.
C.
Signs warning of construction, excavation, or similar hazards so
long as the hazard exists.
D.
Signs showing the location of public utility infrastructure, such
as signs placed by utilities to show the location of underground facilities.
E.
Signs required for compliance with accessibility acts and codes.
F.
Temporary A-frame signs that are accessory and proximate to any permitted
nonresidential use in any nonresidential district, subject to a permit
issued by the Village.
G.
Temporary special event banners in any nonresidential district, subject
to the issuance of a permit by the Village.
H.
Temporary pole signs that are accessory and proximate to any permitted
nonresidential use in any nonresidential district, subject to a permit
issued by the Village.
I.
Matter appearing on authorized newspaper vending boxes in any nonresidential
district, and which solely identifies the contents of the vending
box.
Permanent signs which are nonconforming due to their location
within a public right-of-way as of the effective date hereof shall
be subject to the following:
A.
Such signs shall not be expanded or altered to prolong the life of
the sign.
B.
Such signs shall not be changed to another nonconforming sign.
C.
The copy, message or graphic of such signs may be changed. A nonstructural
component of the sign on which the copy, message or graphic is displayed,
such as a plastic or metal panel or insert, may be replaced to the
extent necessary to accommodate this change.
D.
If the copy, message or graphic of such a sign cannot be changed
without altering a structural component, then such change is not permitted.
Structural components include any part of a sign attached directly
to the ground or to a building or structure, any part of the supporting
structure of a sign without which the sign fails to maintain its structural
integrity or support and any part of a sign's electrical or lighting
equipment.
E.
Such signs shall not be relocated in whole or in part unless such
relocation conforms to all the provisions of this chapter.
F.
Such signs shall be removed or made to conform within 60 days after
written notice by the Building Department when:
(1)
The use of the establishment changes and the exterior of the building
or other site conditions are to be altered; or
(2)
A sign is damaged by any cause resulting in replacement or repair
cost equal to or greater than one-half of its replacement value at
the time the damage occurs; or
(3)
The maximum cost to bring a sign into conformance with this chapter
is $1,000, which shall include the removal of neon, wall and window
signs and the removal of neon lighting outlining buildings, doors
and windows. If a property owner or agent claims that the cost to
bring a sign into conformance with this chapter is more than $1,000,
the property owner or agent shall provide a written cost estimate
from a reputable sign business to the Village to be exempt from the
requirements of this section, subject to Village approval of the estimate;
or
(4)
A new business is proposed to be located at the applicable property
where the nonconforming permanent sign is maintained, and the new
business owner or agent proposes to alter the sign at the location
and the proposed alteration requires a sign permit pursuant to this
chapter.
No building or premises shall be used for or occupied by billboards
or advertising signs, except as permitted in a Residence A District
and except that, upon buildings in business districts or Village Center
Area Districts in actual use for permitted purposes, advertising signs
having an aggregate area not larger than 25 square feet, constructed
parallel to and not more than 12 inches from the building wall to
which they are attached, and signs at right angles to the wall of
the building to which they are attached, may be constructed and maintained,
provided that the greatest dimension of such signs at right angles
does not exceed two feet and that such signs have no more than three
square feet of area and project no more than two feet from the wall
of said building. All such signs shall be within the property line
and not higher than the ceiling of the first story, and in no case
above the eaves or cornices, and shall be limited to displaying the
name and nature of the business and employment for which such building
is used. All such signs shall comply with the provisions of other
chapters of this Code.
No billboards or advertising signs shall be displayed inside
of any building or premises so as to be visible from the street, except
that, in buildings in business districts or Village Center Area Districts
in actual use for permitted purposes, advertising signs made of paper
or other temporary material may be displayed in windows, provided
that such signs do not eliminate vision from the outside of the activities
within the building, and provided further that such signs do not cover
space in length and width more than half the length and width of the
window. No such signs shall be illuminated or use letters, numbers
or other characters more than five inches in height.
Illuminated signs shall be subject to the following conditions:
A.
Illumination shall be by a constant light.
B.
If applied to the exterior of a building in a business district,
such sign shall be parallel to the wall surface.
C.
Signs within six feet of a window and visible from a street shall
be subject to the provisions of this section.
D.
Signs in a business district shall not be illuminated after 10:00
p.m. except during such time thereafter as the building is open for
the conduct of business.
The following types of signs or billboards are specifically
prohibited:
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
