[Amended 11-8-2011 by L.L. No. 5-2011; 4-25-2023 by L.L. No. 1-2023]
Consistent with the North Salem Comprehensive Plan, the regulation
of the design, construction, installation and maintenance of signs
in the Town of North Salem is necessary in order to maintain and protect
the attractive and harmonious visual image of the community; permit
effective identification of businesses to encourage economic prosperity;
protect the aesthetic environment from the unrestricted proliferation
of signs and visual clutter; protect property values; and protect
the public health, safety and welfare of the residents of the Town
of North Salem.
Signs shall hereafter be established, replaced, erected, re-erected,
constructed, reconstructed, extended, enlarged or altered only in
accordance with an approved site development plan or sign permit.
A.
No sign permit is required for painting, cleaning and other normal
maintenance and repair of a sign for which an approval has been granted
under this chapter.
B.
No sign permit is required for a change in name or business or for
a change in the wording and/or graphics of an existing business of
a preexisting sign for which an approval has been granted under this
chapter so long as there is no change in the size, height, location,
yard setbacks or illumination requirements of the approved sign.
C.
All signs shall comply with the size, yard, design and construction standards and illumination requirements herein except as provided in § 250-39.
D.
The Planning Board shall consider the relationship of each sign to
the safety and convenience of the public. In considering a sign application,
the Planning Board shall consider design criteria relating to sign
location, size, proportions, scale, materials, texture, color, lettering
and illumination in addition to the purposes and other criteria of
this article.
A.
The provisions of this article shall not apply to the following types
of signs:
(1)
Traffic control signs conforming to the New York State Department
of Transportation Manual of Uniform Traffic Control Devices and other
traffic regulatory signs shown on an approved site development plan
or required pursuant to the order of municipal traffic control agencies.
(2)
Other signs of or required by duly constituted governmental bodies
and their agencies (such as E911 signs), where such signs are established
in the interest of the safety, convenience or welfare of the general
public.
B.
The provisions of this article shall not apply to the following signs,
provided each such sign meets the corresponding quantity, size, height,
setback and placement specifications, illumination and time duration
indicated:
(1)
Interior signs not visible outside of a building.
(2)
On-premises temporary and seasonal signs specific to the property
upon which they are placed, pertaining to an initial or seasonal grand
opening of a business, complying with the corresponding standards
below:
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Exterior Temporary Sign Standards
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Standard
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Requirement
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Quantity
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One sign per business on the premises at any one time.
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Area or Size
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Maximum of four square feet.
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Height
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Maximum mounting height of three feet from grade level.
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Setback and Placement
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Shall be placed on the property for which the sign pertains,
no less than five feet from any property line and which placement
shall not interfere with sight lines of a public or private road and/or
driveway. Such signs shall be adequately affixed to the ground or
other acceptable structure to ensure their stability from falling
down or blowing away.
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Illumination
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Shall not be illuminated.
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Duration
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May be displayed for up to 30 days.
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(3)
On-premises temporary signs specific to the property upon which they
are placed, complying with the corresponding standards below, including
but not limited to the following signs:
▪ Real estate sign.
▪ Construction sign.
▪ Garage, barn or tag sale sign, provided such sign contains
the address and date of sale.
▪ A sign pertaining to and displayed during drives and
events of civic, philanthropic or educational institutions.
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Exterior Temporary Sign Standards
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|---|---|
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Standard
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Requirement
|
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Quantity
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One per each sign as itemized above.
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Area or Size
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Maximum of four square feet.
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Height
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Maximum mounting height of three feet from grade level.
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(continued on next page)
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Setback and Placement
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Shall be placed on the property for which the sign pertains,
no less than five feet from any property line and which placement
shall not interfere with sight lines of a public or private road and/or
driveway. Such signs shall be adequately affixed to the ground or
other acceptable structure to ensure their stability from falling
down or blowing away.
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Illumination
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Shall not be illuminated.
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Duration
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May be displayed 14 days before an event and shall be removed
within three days after an event.
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(4)
On-premises exterior permanent (nontemporary) signs, complying with
the corresponding standards below for the following signs:
▪ "No Hunting," "No Trespassing," "Private Property," or
similar intended message signs; multiple signs along a property line
shall be the minimum necessary to comply with the NYS Penal Code.
▪ Signs announcing presence of security system, dog fencing
or other similar.
▪ For any dwelling or residential property, farming operation,
home occupation or home professional office, one nameplate and/or
one identification sign for each entrance.
▪ Signage on or next to an entrance door of nonresidential
uses indicating name of establishment, hours of operation or similar
directive information, or information regarding the products or services
provided.
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Exterior Permanent Sign Standards
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|---|---|
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Standard
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Requirement
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Quantity
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As itemized above.
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Area or Size
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Maximum of two square feet.
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Height
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Maximum mounting height of seven feet from grade level.
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(continued on next page)
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Setback and Placement
|
Shall be placed on the property for which the sign pertains,
no less than five feet from any property line and which placement
shall not interfere with sight lines of a public or private road and/or
driveway. Such signs shall be adequately affixed to the ground or
other acceptable structure to ensure their stability from falling
down or blowing away.
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Illumination
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Shall not be illuminated.
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Duration
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Same as the principal use such sign is associated with.
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Any signs not expressly permitted by this chapter are prohibited.
Additional types of signs that are prohibited include:
A.
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.
B.
Exterior advertising signs and billboards (in regard to a billboard
sign, except in the limited case where an off-premises multiple business
directory sign is permitted in § 250-41.1D of this chapter).
C.
Signs representing or depicting to any degree official traffic signs
or signals.
D.
Signs which emit noise, sounds or smoke.
E.
Animated signs, whether by mechanical or electrical processes, including
signs with balloons, beacons or search lights, strings of incandescent
lights, festoons, flags, banners, streamers, spinners or other paraphernalia
attached to or associated with such signs.
F.
Signs of a prurient nature or advertising businesses, commodities
or services of a prurient nature or any unlawful business or undertaking.
G.
Illuminated signs outlining any part of a building, such as a gable,
roof, sidewall or corner. A sign on which the illuminating source
is visible to the public way or any property line.
H.
Signs made of cardboard, paper or similar impermanent material, except as may be permitted pursuant to § 250-39.
I.
Signs mounted on parked vehicles or trailers or other similar mobile
advertising media where parked or located primarily to be visible
from the street or adjacent properties.
J.
Signs within a street right-of-way (except that which may be permitted per § 250-40.1D of this chapter) or signs which project over a street.
K.
Signs obstructing traffic visibility. No freestanding sign shall be erected or maintained in the shaded area shown in Sketch A found in § 250-21C, as such shaded area relates to the intersection of two streets or to the intersection of a driveway with a street.
L.
Signs with fluorescent or reflective paint or materials.
The following signs require permit approval from the Planning
Board.
A.
For any nonresidential establishment, one indirectly illuminated
wall sign may be located on the building facade or hang within one
foot of a facade from an overhang, with a maximum vertical dimension
of two feet and a maximum horizontal dimension not to exceed 30% of
the building facade length associated with each use or establishment
or 15 feet, whichever is less. For a one-story building with a pitched
roof, a roof sign may be permitted in lieu of an otherwise permitted
wall sign (but not both), subject to the standards of wall signs as
set forth in this chapter.
B.
For any nonresidential establishment (site, use): one freestanding
indirectly illuminated identification or directory sign not over eight
square feet in area. The height of any freestanding sign shall not
exceed six feet.
C.
For any nonresidential establishment on a corner lot, at the discretion
of the Planning Board, an additional sign, either a freestanding or
wall sign, not to exceed four square feet in area, may be allowed.
If freestanding, the subject lot shall include an access driveway
on each street and the distance between the center line of such driveways
at the street line shall be no less than 200 linear feet apart. In
no event may one establishment have more than two freestanding signs.
All other conditions for nonresidential signs apply.
D.
Off-premises multiple business directory signs. One freestanding
indirectly illuminated identification multiple business directory
sign not over 10 square feet in area may be allowed within a Town
street right-of-way at a gateway to each of the hamlets in the Town,
subject to obtaining a license from the Town Board in addition to
sign permit approvals from the Planning Board and Building Inspector.
E.
Directional signs. No directional sign shall be more than three square
feet in area. In locations with more than one directional sign, all
such signs shall be affixed to a common standard and be graphically
coordinated and arranged so as to present a neat and orderly appearance.
Any such sign standard shall be designed to accommodate the later
addition of further directional signs. Multiple directional signs
shall be combined into one to avoid clutter to the maximum extent
feasible.
A.
No sign permit will be issued except in accordance with a sign permit
approval or a site development plan approval. An application for a
sign permit shall be made to the Planning Board, on forms prescribed
by it, and shall contain the information specified in the rules and
regulations adopted by the Planning Board. All applications shall
be accompanied by the required fee in accordance with the Standard
Schedule of Fees of the Town of North Salem.[1]
[1]
Editor's Note: The Standard Schedule of Fees is on file
in the office of the Town Clerk.
B.
If there is no standing sign permit approval or standing site development
plan approval, the applicant must submit an application to the Planning
Board for either site development plan approval or sign permit 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. Upon the
granting of a site development plan or a sign permit approval, a copy
of the approved permit shall be transmitted to the Building Inspector.
C.
The Building Inspector, upon receipt of a resolution of approval
from the Planning Board for a sign permit, shall issue an administrative
sign permit and a display sticker, which display sticker shall be
prominently affixed to each sign and visible from the street on which
the sign abuts.
The Planning Board shall consider and determine the consistency
of proposed signs with the following supplemental use criteria in
granting any approvals for 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. Signs shall be a subordinate
part of the site and adjacent streetscape.
C.
The sign content shall clearly provide only the information necessary
to identify the use 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 upon the lot. No sign shall be so arranged
that it interferes with traffic through glare, lighting arrangement,
or through blocking of reasonable sight lines for streets, sidewalks,
or driveways.
E.
The Planning Board may require that landscaping be used at the base
of a freestanding sign if such landscaping will make the sign more
compatible with the surrounding area.
F.
Sign size measurement.
(1)
Wall signs (including window signs and roof signs): The area of a
wall sign shall be considered to include all lettering, wording and
accompanying designs or symbols, together with any background different
from the building, whether painted or applied, when it is designed
as an integral part of, and obviously related to, the sign; and when
the sign consists of individual letters or symbols attached to or
painted on a building wall or window, the area shall be considered
to be that of the smallest rectangle which encompasses all of the
letters or symbols.
(2)
Freestanding sign: The area of a freestanding sign shall be measured
by multiplying the height of the sign board by the width of the sign
board (an area of design trim may be excluded provided said trim is
decorative in nature and does not exceed a dimension of four inches),
excluding vertical, horizontal or diagonal supports which affix the
sign to the ground, unless such supports are evidently designed to
be part of the sign as defined herein, not to exceed one foot.
(3)
Where a sign consists of multiple plaques or parts, the sign area
shall be the total aggregated area of all such parts, measured as
stated above.
(4)
When a sign consists of two or more faces, the largest face of the
sign shall be used in computing the sign area provided the faces are
parallel to and within 12 inches of each other; otherwise, all faces
of the sign shall be used to compute the sign area.
G.
Sign placement, location.
(1)
All signs shall be securely fastened to the ground or to posts or
shall be securely attached to a building.
(2)
Multiple signs located on the same premises shall express uniformity
and create a sense of harmonious appearance.
(3)
Freestanding signs:
(a)
Shall be located no closer than 10 feet from any property line
or street line, except the Planning Board may permit a lesser setback
based on site and abutting road right-of-way specific conditions.
(b)
Shall be as close to the ground as practical, consistent with
legibility considerations and traffic safety.
(c)
Shall not be placed, located, erected or maintained so as to
obstruct or impair visibility along a street or at a street intersection,
internal site vehicular or pedestrian movements, or any door, window
or fire escape; or to cause any other hazard to the public health
or safety.
(4)
Wall signs: Shall not project beyond the outer wall or above the
horizontal roof eaves of the building upon which it is attached.
(5)
Roof signs:
(a)
A roof sign shall be considered a wall sign.
(b)
A maximum of one roof sign per single-story building with a
pitched roof may be permitted in lieu of an otherwise permitted wall
sign.
(c)
No part of the roof sign shall extend past the horizontal midpoint
of the pitched roof.
(d)
No part of the roof sign shall be closer than six inches or
more than two feet from the horizontal eave line of the pitched roof.
(e)
The distance between the face of the pitched roof and the bottom
horizontal edge of the roof sign shall not exceed six inches.
(f)
No part of the roof sign mounting shall be visible as viewed
from the front of the building.
(6)
Signs on awnings shall be integral to the awning and placed on the
front flap section only; any such sign shall be considered a wall
sign.
(7)
Window signs shall be considered a wall sign, except if measuring
less than one square foot in area (the cumulative area of any such
excluded window signs shall not exceed 10% of the window surface).
H.
Materials, architectural compatibility, legibility.
(1)
Sign panels shall be constructed of wood, metal, masonry or other
suitable material as approved by the Planning Board. Signs may also
be painted or etched on appropriate surfaces such as doors, windows
or walls.
(2)
The design and construction of a sign shall be compatible and consistent
with the architectural character (pertaining to the style, size and
shape, materials used, location, lettering and color) of the premises
to which they refer, the neighborhood, the surrounding vernacular
landscape and the general character of the Town.
(3)
Sign panels and graphics shall relate with and not cover architectural
features or details and shall be in proportion to them.
(4)
In any district where there is more than one sign on a building or
more than one sign in a multi-building complex, all signs shall conform
to a uniform and coordinated sign program submitted by the owner or
tenant and approved by the Planning Board. The scheme shall be a thematic
concept to maintain aesthetic consistency with the site architecture.
(5)
Lettering style and font types shall be legible and easy to read
by passing motorists for roadside signs.
(6)
The following maximum and minimum heights shall be required for all
copy on permitted freestanding signs for the purpose of creating legible
graphics which can be seen and responded to within safe distances
to maneuver a car:
(7)
No letter, number, character or other symbol on a wall sign shall
exceed a height of one foot.
I.
Illumination.
(1)
Light fixtures used to illuminate signs shall be top mounted, shielded
and directed downward to the sign so that light is directed only onto
the sign face. The light source (bulb) of light fixtures shall not
be directly visible and shall not be aimed toward adjacent streets,
roads or properties. Concealed LED illumination is preferred at the
top edges of the sign construction washing light over the sign face
as opposed to a protruding light fixture which spots light towards
the sign face.
(2)
The face of any sign shall be constructed and colored in such a manner
as to prevent glare from the sign illumination, utilizing dense opaque
or solid materials and coloring creating "positive contrast" legibility
and visibility.
(3)
Internal illumination is not preferred but if used shall be strictly
limited to the illumination of text or graphic symbols only utilizing
back lighting. Internally illuminated awnings are prohibited. Exposed
neon tubing or bare bulbs are prohibited.
J.
Street address identification. The property street number shall be
included in all permitted freestanding signs. The street number shall
be located at the top of the sign and shall be integrated into the
overall design and sign area. The height of the street number lettering
shall be a minimum of four inches. A maximum of 1/2 square foot of
sign area devoted to the street address shall not count toward the
maximum permitted sign area otherwise allowed.
A.
Applicability.
(1)
Any sign not in conformity with such an approved sign permit shall
be deemed a violation of this chapter.
(2)
No sign permit shall hereafter be approved or issued except in conformity
with the requirements of this chapter.
(3)
No permit shall be issued for any sign except in conformity with
an approved sign plan or site development plan.
(4)
Signs missing their duly issued sign permit display sticker shall
be deemed nonpermitted and subject to issuance of a zoning violation.
B.
Removal of certain signs. Any sign 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. Failure to comply
with the notification of the Building Inspector shall constitute a
violation of this chapter.
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, 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.
D.
Signs lacking a permit from the proper authority, which have been
placed within any highway or street right-of-way, may be confiscated
by the Town and may result in the issuance of a citation.
A.
Nonconforming signs.
(1)
Any sign which was in existence prior to the effective date of this
chapter and which conformed to the applicable provisions of a prior
zoning ordinance 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.
(2)
A nonconforming sign shall be removed or brought into conformity
with the requirements of this chapter upon a change in use.
B.
Maintenance, repair and replacement, removal.
(1)
All signs shall be maintained in such a condition so as not to become
a nuisance, unsightly or unsafe. All signs, together with their supporting
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.
(2)
Signs shall be repaired by repainting, by replacement of lettering,
wording and accompanying symbols and by repairing structural supports,
and such repair shall not be considered an alteration within the meaning
of this chapter, provided that:
(3)
Nothing in this section shall prevent a sign from being altered so
as to become more conforming, provided a permit is obtained.
C.
Sign removal. It shall be the responsibility of the property owner
to remove or cause to be removed any sign which no longer identifies
or ceases to identify an existing business conducted or product sold
on the premises within two months from the time the related use/premises
are vacated.
