[HISTORY: Adopted by the Town Board of the
Town of Greenburgh 5-27-1969 by L.L. No. 11-1969. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The lighting or floodlighting outside the confines of a structure,
by means of electricity or the combustion of gases or liquids, of
an area, object or structure.
Any device, including but not limited to words, names, numbers
or pictures, visible to the general public, whether displayed outside
or inside a building or affixed or inscribed on a motor vehicle and
in excess of 144 square inches, intended to communicate a message
or attract attention. Words, names, numbers, pictures or symbols on
any government, municipal or emergency response vehicle and words,
names, numbers, pictures or symbols placed in the window of any residence
or religious or educational institution shall not be considered a
sign subject to regulation by this chapter.
[Amended 5-2-1995 by L.L. No. 5-1995]
Any sign which is enlightened by a light or lights projected
or directed onto the sign.
Any sign other than an illuminated sign.
A nonilluminated sign mounted flush against the building
surface containing a message in text, picture, logo or other form
of representation, which is constructed of pliable materials such
as canvas, fabric, vinyl plastic or similar materials which will withstand
exposure to wind and rain without significant deterioration and which
does not require a building permit for its construction or installation
outside of a building.
[Added 10-26-2011 by L.L. No. 3-2011]
Any occurrence causing widespread destruction and distress,
such as a fire, flood, hurricane, tornado, earthquake or other disaster,
calamity or catastrophe.
[Added 6-19-2007 by L.L. No. 6-2007[1]]
[1]
Editor's Note: This local law also provided
that it will "expire on December 31, 2007."
A.
The area of brilliance, character, color, degree,
density, intensity, location and type of illumination shall be the
minimum necessary to provide for the security of the property and
the safety and welfare of the public.
B.
All sources of illumination shall be shielded or directed
in such a manner that the direct rays therefrom are not cast upon
any property other than the lot on which such illumination is situated.
C.
Illumination shall be steady in nature, not flashing,
moving or changing in brilliance, color or intensity.
D.
The duration, period or time of illumination shall
be the minimum necessary to provide for the security of the property
and the safety and welfare of the public. Illumination shall be extinguished,
except that necessary for the security of the property, 1/2 hour after
the premises are closed to the public, and such illumination to be
extinguished shall be controlled by automatic devices.
Except as hereinafter provided, no other types
of signs shall be erected or maintained:
A.
Type by construction.
(1)
Canopy. A sign attached to or a part of a canopy shall
be classified as a canopy sign.
(2)
Projecting. A wall sign projecting more than 12 inches
from the face of the building to which attached shall be classified
as a projecting sign.
(a)
The bottom edge of, or any appendage to, such
sign shall be not less than 10 feet above grade at the sign.
(b)
No such sign or any part thereof shall project
over any property line, except that it may project over a street property
line a distance not to exceed 18 inches when the face of the building
to which attached is on such line.
(c)
Such sign shall not have advertising in a plane
parallel to the surface to which attached, or, such sign shall not
have advertising in a plane which makes an angle of less than 60º
with the surface to which attached.
(3)
Wall. A sign painted on or recessed or affixed in
any manner to any wall of a structure shall be classified as a wall
sign.
(a)
No such sign shall project above the parapet
or eaves or roof lines, whichever shall be the lowest part of the
structure on which it is erected.
(b)
No such sign or any part thereof shall project
more than 12 inches from the wall to which affixed.
(c)
The bottom edge of or any appendage to such
sign shall be not less than 10 feet above grade at such sign.
(4)
Yard. A sign freestanding on the ground, or supported
by one or more uprights upon the ground, with or without braces and
not attached to a structure, shall be classified as a yard sign.
(a)
No such sign or any part thereof shall project
over any property line.
(b)
Any such sign located closer than 20 feet to
a street property line shall have an open space of not less than five
feet between the lower edge of such sign and the average grade of
the ground at the base of the uprights.
(c)
No such sign or part thereof shall extend more
than 20 feet above the average grade of the surrounding area.
(5)
Window or inside: a sign erected or maintained in
the interior of a building, visible from any public or private street
or highway.
[Added 10-14-1969 by L.L. No. 12-1969]
(6)
Marquee. A sign attached to or part of a roof-like
projection over the entrance of a building shall be classified as
a marquee sign.
[Added 11-8-1978 by L.L. No. 18-1978]
(7)
Motor vehicle sign: any sign attached or inscribed,
permanently or temporarily, on a motor vehicle with the intent to
communicate a commercial message.
[Added 5-2-1995 by L.L. No. 5-1995]
B.
Type by use.
(1)
Business. A sign intended to advertise the use of
the lot on which located for the distribution, production or sale
of goods, the performance of services or the name of the proprietor,
renter or lessee of the lot or structure shall be classified as a
business sign.
(2)
Construction. A temporary sign used to advertise the
erection or alteration of a structure on the lot on which displayed
shall be classified as a construction sign and shall be removed prior
to the issuance of a certificate of occupancy or completion of construction,
whichever occurs first.
(3)
Directional. A sign beneficial to public safety or
traffic control in connection with a use on the lot on which displayed
or beneficial to public convenience and safety in connection with
directions to the location of a Planned Development (PD) District
or a municipal, religious or noncommercial public facility shall be
classified as a directional sign.
[Amended 5-24-1977 by L.L. No. 7-1977]
(4)
Name. A sign used solely for showing the name and
address of the occupant of a single-family residential structure on
the lot on which displayed shall be classified as a name sign.
(5)
Professional. A sign containing not more than the
name, address and profession of the occupant of a structure on the
lot on which displayed shall be classified as a professional sign.
(6)
Public convenience. A sign used to identify a charitable,
hospital, institutional, municipal, nonprofit fraternal or membership,
religious or school use of a structure or lot on which displayed shall
be classified as a public convenience sign.
(7)
Real estate. A nonilluminated temporary sign used
to advertise the availability, lease, rental or sale of the lot or
structure on which displayed shall be classified as a real estate
sign. Such sign shall be removed upon completion of the transaction
advertised.
(8)
Traffic. A sign erected by a Town, county or state
agency and used to inform, control or direct traffic shall be classified
as a traffic sign.
(9)
Attraction panel. A sign consisting of changeable
lettering recessed or fixed to the wall of a building occupied by
a theater, motion-picture theater or place of public assembly for
any of the performing arts, for the purpose of bringing to public
attention the theatrical, motion-picture, orchestral or any other
artistic performance on the premises.
[Added 11-8-1978 by L.L. No. 18-1978]
C.
Regulation of signs, all districts.
(1)
A sign may be permitted only in connection with a
permitted use.
(2)
Signs shall relate solely to the business or profession
conducted on the premises and advertise only the name of the owner
or lessee, the name of the establishment, the type of establishment
and goods or services or the trade name of the establishment and the
goods manufactured or sold or services rendered, except for traffic
and public convenience signs.
(3)
A sign readable from two sides and with parallel faces
shall be considered one sign.
(4)
No sign shall be so constructed, erected or located
which will obstruct the visibility with respect to the safety of the
motorist or pedestrian proceeding along the public way or upon entering
or leaving a lot.
(5)
All illuminated business signs shall be extinguished
1/2 hour after the premises are closed to the public. Such signs shall
be controlled by automatic devices.
(6)
All illuminated signs shall be illuminated by a steady
source and shall contain no moving or flashing parts. The illumination,
if located so as to be confused with traffic signals, shall not be
green, red or orange-yellow.
(7)
No signs may be constructed, erected, provided, maintained,
altered or moved on a lot on which exists a nonconforming sign.
(8)
With respect to any sign which is restricted to two
feet in height, insignia or key letters in a name on such sign may
be varied to a height not to exceed four feet, provided that the total
area of such sign as varied does not exceed the total area otherwise
permitted for such sign under the provisions of this chapter.
(9)
A canopy, marquee, projecting or wall business sign
shall be permitted only on the front face of a structure, except that
on a corner lot situated in a business or industrial district, a second
wall business sign facing a side street may be permitted, provided
that such second sign faces property situated in a business or industrial
district in depth at least equal to the depth of the lot upon which
such second sign is located; there is no residential structure located
on the opposite side of the side street at a lesser distance from
the front street of the lot on which such second sign is located than
1 1/2 times the depth of the lot on which said sign is located;
such second sign shall not exceed two feet in height or a total length
greater than 1/2 times the depth of the lot on which said sign is
located; such second sign shall not exceed two feet in height or a
total length greater than 1/2 the length of the building wall to which
it is affixed or the permitted length of the sign on the building
front, whichever is less; and said second sign shall be of similar
design and contain similar wording to the permitted sign on the building
front.
[Amended 11-8-1978 by L.L. No. 18-1978]
(10)
A yard business sign shall be located only in a front
yard and no closer to side lot lines than the required side yard and
shall be limited to one on a lot, unless otherwise specified in this
section of the chapter.
(11)
A projecting sign may be permitted only on a lot on
which the structure or structures have less than the required front
yard. Such sign shall be in lieu of a permitted wall sign and shall
conform to the regulations governing the size of a permitted wall
sign.
(12)
No sign except directional or traffic shall be permitted
on a public street or right-of-way.
(13)
Neither a projecting sign nor a yard sign shall be
permitted on the same lot.
(14)
Illuminated wall or yard public convenience signs
shall be permitted in all districts, provided that said signs do not
exceed three feet by four feet in size and are limited to one per
lot.
(15)
Nonilluminated yard directional signs may be permitted
in any district, provided that such sign or signs shall not exceed
six square feet in area, the number on a lot applicable to a use thereon
shall not exceed the number of approved ingresses and egresses thereon
and the number on a lot applicable to a use not located on the lot
upon which said sign is located shall be limited to one such sign.
(16)
Name, wall and yard signs shall be permitted in all
districts, provided that said signs do not exceed one square foot
in area.
(17)
Professional wall or yard illuminated signs shall
be permitted in all districts, provided that said signs do not exceed
one square foot in area and there is not more than one yard sign on
a lot.
(18)
Traffic yard signs shall be permitted in all districts.
(19)
No one sign, or combinations of signs, attached to
or located within two feet of a window shall cover more than 25% of
any single window. Signs attached to the inside of any window shall
not be considered in calculating the size of permissible wall, canopy
or yard business signs.
[Added 10-14-1969 by L.L. No. 12-1969; amended 5-2-1995 by L.L. No. 5-1995]
(20)
Motor vehicle signs are prohibited in the front yard
of all districts unless the vehicle is engaged in loading or unloading
merchandise or there is insufficient side or rear yard space for parking
the vehicle.
[Added 5-2-1995 by L.L. No. 5-1995]
D.
Regulation of signs, by district.
(1)
In a one-family residence district, the following
shall be permitted:
(a)
A nonilluminated wall or yard construction or
real estate sign, provided that said sign does not exceed three feet
by four feet in size, is not closer than 15 feet to any lot line and
is limited to one on the lot displayed; in an approved subdivision
of more than five contiguous lots, a nonilluminated yard construction
or real estate sign not to exceed 10 feet by five feet in lieu of
and not in addition to individual lot signs, provided that said sign
is not closer than 25 feet to a front lot line and 50 feet to a side
lot line.
(b)
For principal and special permit uses, except
a one-family dwelling, an illuminated wall or yard business sign,
provided that said sign does not exceed six square feet in area, and
there are no other nontemporary signs on the lot.
(2)
In a multifamily residence district, the following
shall be permitted:
(a)
For any permitted or special permit use in a one-family residence district, same as § 240-3D(1) above.
(b)
An illuminated wall or yard business sign adjacent
to each entrance to a multifamily structure, provided that said sign
does not exceed four square feet in area.
(c)
A nonilluminated wall or yard construction or
real estate sign, provided that said sign shall not exceed five feet
by 10 feet in size, shall be not more than 20 feet above the surrounding
ground level, and shall be limited to one sign on a lot; if a yard
sign, such sign shall be located in a front yard not closer to a front
lot line than 1/2 the required front yard distance and not closer
to a side lot line than the required side yard distance.
(3)
In Office Building (OB and OB-1) Districts, the following
shall be permitted:
(a)
For any permitted or special permit use in a one-family residence district, the same as § 240-3D(1) above.
(b)
An illuminated yard business sign at each principal
ingress to the lot, provided that said sign does not exceed 20 square
feet in area, and provided further that any such sign shall only be
located in a front yard as defined in the Town of Greenburgh Zoning
Ordinance.[1] Any such sign shall be located in a manner which minimizes
traffic hazard and congestion, and such location shall be subject
to the approval of the Building Inspector. On sites greater than 100,000
square feet in size: an illuminated yard business sign at each principal
ingress to the lot, provided that said sign does not exceed 50 square
feet in area and does not exceed 20 feet in height, and provided further
that any such sign shall only be located in a front yard as defined
in the Town of Greenburgh Zoning Ordinance. Any such sign shall be
located in a manner which minimizes traffic hazard and congestion,
and such location shall be subject to the approval of the Building
Inspector.
[Amended 3-28-1984 by L.L. No. 5-1984; 7-8-2015 by L.L. No.
6-2015]
(c)
An illuminated canopy or wall business sign
at the principal entrance to each principal or accessory structure,
provided that said sign does not exceed four square feet in area.
(d)
An illuminated canopy or wall business sign
or signs, provided that said sign or signs shall not exceed two feet
in height and shall not exceed in total length 1/2 the front length
of the building to which attached or 50 feet, whichever is less.
(e)
A construction or real estate sign, the same as § 240-3D(2)(c) above.
(4)
In a Limited Office Building (LOB) District, the following
shall be permitted:
(a)
For any permitted or special permit use in a one-family residence district, the same as § 240-3D(1) above.
(b)
An illuminated canopy or wall business sign, the same as § 240-3D(3)(c) above.
(c)
An illuminated wall business sign or signs incidental to the sale of goods at retail or the performance of customary personal services, in addition to a business sign permitted in § 240-3D(3)(d) above, provided that said sign or signs shall not exceed in total length 1/2 the length of the front of that portion of the structure permitted to be used for retail sales or customary personal services, and not to exceed two feet in height, and are located on the face of the structure not higher than the first-floor level.
(d)
An illuminated yard business sign or grouping
of professional signs into a single sign, provided that said sign
or grouping does not exceed six square feet in area.
(e)
A construction or real estate sign, the same as § 240-3D(2)(c) above.
(5)
In a Limited Office Building (LOB-1) District, the following shall be permitted: the same as in § 240-3D(4)(a) and (b) above.
(6)
In a Professional Building (PB) District, the following shall be permitted: the same as in § 240-3D(4) above, except that signs incidental to retail sales or personal services shall not be permitted.
(7)
In a Designed Shopping (DS) District, the following
shall be permitted:
(a)
An illuminated canopy, wall or window business
sign or signs, provided that said sign or signs shall not exceed two
feet in height and shall not exceed in total length 1/2 the front
length of the building to which attached.
(b)
An illuminated yard business sign, provided
that such sign shall not exceed 20 square feet in area, except that
if located on a lot greater than 100,000 square feet, said sign may
contain 50 square feet in area, but not exceed 20 feet in height.
Such sign shall be located in a manner which minimizes traffic hazard
and congestion, and such location shall be subject to the approval
of the Building Inspector.
[Amended 3-28-1984 by L.L. No. 5-1984]
(c)
Gasoline station. No advertising or sign shall
be permitted on a pump other than the customary designation of the
brand, which may be illuminated.
(d)
A construction or real estate sign, the same as § 240-3D(2)(c) above.
(e)
On a theater, motion-picture theater or place
of public assembly for orchestral or any other performing arts, a
marquee sign solely for the name of the theater or place of public
assembly. Such marquee sign shall not exceed two feet in height and
not exceed 1/2 the front length of the marquee.
[Added 11-8-1978 by L.L. No. 18-1978]
(f)
On a theater, motion-picture theater or place
of public assembly for orchestral or any other of the performing arts,
an attraction panel for each theater or auditorium on the premises,
provided that no attraction panel shall be more than 1/2 the front
length of the building to which attached and the total length of all
such attraction panels shall not exceed the total front length of
the building to which attached. Such attraction panel shall not exceed
two feet in height if the structure to which attached is located within
100 feet of an adjacent public street and shall not exceed four feet
in height if the structure to which attached is located in excess
of 100 feet from an adjacent public street.
[Added 11-8-1978 by L.L. No. 18-1978]
(8)
In a Neighborhood Shopping (NS) District, the following shall be permitted: the same as § 240-3D(7) above.
(9)
In an Intermediate Business (IB) District, the following shall be permitted: the same as § 240-3D(7) above.
(10)
In a Close Business (CB) District, the following shall be permitted: the same as § 240-3D(7) above, except that on a lot of less than 100 feet in width existing separately before the effective date of this amendment, the total length of all canopy or wall business signs shall not exceed 3/4 the front length of the building or buildings to which attached.
(11)
In a Light Industrial (LI) District, the following shall be permitted: the same as § 240-3D(7) above.
(12)
In a General Industrial (GI) District, the following
shall be permitted:
[Amended 3-28-1984 by L.L. No. 5-1984]
(a)
When a lot is greater than 100,000 square feet,
an illuminated business yard sign shall be permitted, but not to exceed
50 square feet in area and not to exceed 20 feet in height, and only
when such lot fronts on a state or county highway; in addition, only
the name of a single entity shall appear on such sign. Such sign shall
be located in a manner which minimizes traffic hazard and congestion,
and such location shall be subject to the approval of the Building
Inspector.
(13)
In a Planned Development (PD) District, the following
shall be permitted:
(b)
Nonilluminated yard directional signs not exceeding
three square feet in area for each sign: the number shall be limited
to the number of approved ingresses and egresses to the lot.
(c)
One illuminated yard directional sign at each
major ingress to the district, which shall be limited to the name
of the development and the listing of the names of the occupants of
the district, and greater than 50 square feet in area and not more
than 20 feet in height. Such sign(s) shall be located in a manner
which minimizes traffic hazard and congestion, and such location shall
be subject to the approval of the Building Inspector. In the event
that such sign(s) is to be erected upon property outside of the boundary
of the Planned Development (PD) District, written permission must
be obtained from the owner of the property where the sign is to be
erected, before a sign permit shall be issued by the Building Inspector.
[Amended 5-24-1977 by L.L. No. 7-1977]
(14)
Urban Renewal (UR) Districts. For each site as defined
in the UR Zoning District, the following shall be permitted:
[Added 9-24-1975 by L.L. No. 12-1975]
(a)
Residential A District.
[1]
For multifamily dwellings, an illuminated wall
or yard business sign, provided that said sign does not exceed six
square feet in area.
[2]
For all other permanent signs for permitted
professional uses, a nonilluminated wall or yard business sign, provided
that said sign does not exceed one square foot in area.
[3]
A nonilluminated wall or yard construction or
real estate sign, provided that said sign does not exceed three feet
by four feet in size, is not closer than 15 feet to any lot line and
is limited to one on the lot displayed; in an approved subdivision
of more than five contiguous lots, a nonilluminated yard construction
or real estate sign not to exceed 50 square feet in area in lieu of
and not in addition to individual lot signs, provided that said sign
is not closer than 25 feet to a front line and 50 feet to a side lot
line.
(b)
Residential B and C Districts.
[1]
An illuminated wall or yard business sign adjacent
to each entrance to a multifamily structure, provided that said sign
does not exceed four square feet in area.
[2]
A nonilluminated wall or yard construction or
real estate sign, provided that said sign shall not exceed 50 square
feet in area, be not more than 20 feet above the surrounding ground
level and be limited to one sign on a lot. If a yard sign, such sign
shall be located in a front yard not closer to a front lot line than
1/2 the required front yard distance and not closer to a site lot
line than the required side yard distance.
(c)
Public and semipublic uses.
[1]
An illuminated yard business sign at each principal
ingress to the lot, provided that said sign does not exceed six square
feet in area.
[2]
An illuminated wall business sign at each principal
entrance to a principal structure, provided that said sign does not
exceed four square feet in area.
[3]
A wall business sign or signs, provided that
said sign or signs shall not exceed two feet in height and not exceed
in total length 1/2 the front length of the building to which attached
or 50 feet, whichever is less.
[4]
A construction or real estate sign: same as § 240-3D(14)(b)[2] above.
(d)
Neighborhood Shopping (NS) and General Commercial
(GC) District uses.
[1]
An illuminated canopy or wall business sign
or signs, provided that said sign or signs shall not exceed two feet
in height and not exceed in total length 1/2 the front length of the
building to which attached.
[2]
An illuminated yard business sign, provided
that such sign shall not exceed 20 square feet in area, except if
located on a lot greater than 175,000 square feet with multiple tenants,
and, if listing a majority of the tenants, said sign may contain 50
square feet in area but not exceed 20 feet in height.
[3]
Gasoline stations permitted in the General Commercial Zone shall comply with Subsection D(14)(d)[1] and [2] above, provided that all provisions of the Gasoline Service Station Law, Chapter 370, are met.
(e)
Planned Commercial Development (PCDD) District.
[1]
An illuminated canopy or wall business sign or signs: same as § 240-3D(14)(d)[1] above.
[2]
An illuminated yard business sign: same as § 240-3D(14)(d)[2] above.
[3]
Yard nonilluminated directional signs not exceeding
three square feet in area for each sign. The number shall be limited
to the number of approved ingresses and egresses to and from the lot
and for the internal road network of the lot.
[4]
An illuminated yard business sign at each major
ingress to the development which shall be limited to the name of the
development and the listing of the names of the occupants, served
by that ingress to the development, not greater than 50 square feet
in area and not more than 20 feet in height.
[5]
Construction and real estate signs: nonilluminated
wall or yard construction or real estate signs, provided that said
signs shall not exceed 100 square feet in area, be not more than 20
feet above the surrounding ground level and be limited to three in
number on the site as defined in the UR Zoning District.
(f)
For all uses in the UR Zoning District. It shall
be unlawful and a violation of this chapter for any person to erect,
construct, paint, alter, relocate, reconstruct, display or maintain
or cause to be erected, constructed, displayed or maintained any illumination
sign or signs without first having undergone review by the Department
of Community Development and Conservation[2] of the Town of Greenburgh and having obtained a written
permit from the Building Inspector of the Town of Greenburgh.
(g)
Termination of real estate and construction
signs in the UR Zoning District. With regard to real estate or construction
signs, which are deemed to be temporary, the applicant shall apply
to the Building Inspector for a permit to erect said signs in accordance
with the provisions of this chapter, provided further that said signs
shall be subject to additional review by the Building Inspector for
continued erection under the following conditions:
[1]
Construction signs will be subject to review
and the granting of an additional permit every six months or upon
completion of construction or prior to issuance of a permanent certificate
of occupancy, whichever comes first.
[2]
Real estate signs will be subject to review
and the granting of an additional permit every six months or upon
completion of 75% occupancy of the development, whichever comes first.
(15)
Central Avenue Mixed-Use Impact (CA) District, the
following shall be permitted:
[Added 6-14-1978 by L.L. No. 5-1978]
(d)
Type IV: a nonilluminated wall or yard business
sign, provided that said sign does not exceed six feet in area and
that there are no other nontemporary signs on the lot.
(e)
Multiple-use developments: such sign or signs
as are permitted for the individual uses which make up the development,
except that the total square footage of the sign or signs may not
exceed the total square footage allowed for any single use as set
forth above.
E.
Regulation of signs, adult establishments. For adult establishments, as set forth in § 285-36R, the following shall be permitted:
[Added 1-10-2001 by L.L. No. 1-2001]
(1)
A canopy or wall business sign or signs, provided
that said sign or signs shall not exceed two feet in height and shall
not exceed in total length 1/2 the front length of the building to
which attached or 50 feet, whichever is less.
(2)
Such sign shall contain lettering only. In no event
shall such sign display a human body or parts thereof.
[Amended 12-14-1977 by L.L. No. 15-1977]
A.
When required. It shall be unlawful and a violation
of this chapter for any person to erect, construct, paint, alter,
relocate, reconstruct, display or maintain or cause to be erected,
constructed, displayed or maintained any illumination, sign or signs
without first having obtained a written permit from the Building Inspector
of the Town of Greenburgh. This section shall not apply to motor vehicle
signs.
[Amended 5-2-1995 by L.L. No. 5-1995]
B.
Fee. A fee in the amount of $10 shall be required
for the erection of any sign requiring a sign permit pursuant to this
chapter, up to and including 20 square feet of total sign coverage.
For all signs exceeding 20 square feet, a fee in the amount of $10,
plus $0.50 for each additional square foot or fraction thereof exceeding
20 square feet, shall be required.
[Amended 10-14-1969 by L.L. No. 12-1969]
Regardless of any other provision of this chapter, all illumination and every sign which, after the adoption of this chapter, may become a nonconforming use in any district shall be discontinued and removed or changed so as to conform to the provisions of this chapter within a period of two years from the effective date of this chapter, except that all illumination must conform to §§ 240-2D and 240-3C(5) of this chapter, effective immediately.
The Zoning Board of Appeals, in considering
variances from strict conformity with the provisions of this chapter,
shall, among other things, consider the intensity, location and type
of the proposed illumination and illuminated signs and shall, when
granting variances, ensure by appropriate conditions that:
A.
Illumination shall be only that necessary to provide
for the security of the property and the safety and welfare of the
public while the business is open to the public and that necessary
for the security of the property when not open to the public.
B.
Illuminated signs shall be only of such location,
size and type as are necessary to convey to the traveling public,
on adjacent public streets at a normal and unobstructed sight distance
on such streets, the message on said signs.
C.
Illumination and signs shall not be distractive, hazardous
or obstructive to the traveling public on the public ways or upon
entering or leaving the lot on which such illumination or sign is
located.
D.
Illumination and illuminated signs shall not interfere
with the normal enjoyment of residential uses in adjacent residential
districts.
[Added 2-22-1984 by L.L. No. 4-1984[1]]
A.
Grand opening sales.
(1)
A grand opening sale shall be permitted under this
chapter to any retail establishment, provided that notice thereof
is given to the Building Inspector at least 48 hours in advance of
such sale, and provided that signs otherwise prohibited under this
chapter shall be subject to approval by the Building Inspector, the
Fire Marshal and the Chief of Police.
[Amended 10-26-2011 by L.L. No. 3-2011]
(2)
No signs otherwise prohibited under this chapter shall
be permitted for a period of longer than two weeks under this section.
(3)
Grand opening displays shall be limited to flags,
pennants, banners and similar items, which displays shall be hung
on the building or from the building, but shall, in all cases, be
within the property line of the building and shall not exceed the
height thereof. In no event shall illuminated displays or signs be
permitted hereunder.
B.
Sidewalk sales.
[Amended 6-19-2007 by L.L. No. 6-2007; 2-25-2009 by L.L. No.
2-2009]
(1)
At the first meeting held by the Town Board in each calendar year, or as soon as possible thereafter, the Town Board shall designate four weekends per year (with rain dates) when sidewalk sales shall be permitted within the Town of Greenburgh without fees. The Town Board may, by majority vote resolution, designate additional dates per year when sidewalk sales shall be permitted. Prior permission to hold a sidewalk sale on the designated weekends shall not be required for the four weekends previously permitted, and identifying signs and displays shall be permitted on the days of such sales only, which signs and displays shall be in conformity with the requirements set forth in Subsection A(3) of this section and all other requirements of this chapter.
(2)
Sidewalk sales shall be permitted each weekend from
the first Saturday in April through the last Sunday in December for
a seasonal fee of $500 except on the free dates prescribed by the
Town Board at the first meeting in January. An applicant must pay
$25 for each weekend the sidewalk sales are desired or $500 for the
entire season to be paid prior to the first Saturday in April. Applications
and fees shall be submitted to the Building Inspector on forms provided
by the Building Department. Sidewalk sales shall only be permitted
for a business(es) located on the premises, and said business must
have a certificate of occupancy issued by the Building Department.
(3)
Sidewalk sales held under this section may not impede
pedestrian or vehicular traffic and shall in no way cause to exist
a dangerous condition. In the event that the Chief of Police, the
Fire Marshal or the Building Inspector determines that pedestrian
or vehicular traffic has been impeded or that a dangerous condition
has been created and so notifies the responsible party, such condition
shall be corrected immediately, and failure to do so shall constitute
a violation under this chapter.
(4)
Failure to comply with any of the provisions of Subsection B hereof shall be deemed a violation of this chapter, and the violator shall be subject to a fine of not more than $50 for the first violation in any calendar year, $100 for the second violation in any calendar year, and $200 for the third violation in any calendar year, with the fine doubling as aforesaid for each succeeding violation in any such calendar year, and each day such violation continues shall constitute a separate violation.
C.
Temporary
banners.
[Added 10-26-2011 by L.L. No. 3-2011]
(1)
No
temporary banner shall be installed without filing an application
with the Building Department and receiving approval by the Building
Inspector.
(2)
An
application for a temporary banner permit shall be submitted in writing
to the Building Inspector, and requires approval by the Building Inspector,
prior to the display of any banner. The application shall include
a drawing of the banner and its materials, its general content, location
on the property, size, the time period that the banner will be displayed,
the address of the property, the name of the business, and the name
of the person requesting the approval of the permit. A fee in an amount
established by resolution of the Town Board shall be submitted at
the same time the application is filed with the Building Department.
(3)
No
more than one temporary banner at any one time may be permitted for
each business. The maximum total surface area of such temporary banner
shall not exceed 32 square feet.
(4)
Temporary
banners shall be mounted flush against the surface of the building
in which the business displaying the banner(s) is located. Freestanding
or roof-mounted banners are prohibited.
(5)
The
use of temporary banner(s) for any business shall not exceed 60 cumulative
days in any one calendar year, with any single display period not
to exceed 30 continuous days in any one year. There shall be a minimum
interval of four months between approved periods during which a banner(s)
is displayed. Each business shall be allowed no more than two display
periods in any one calendar year.
(6)
Temporary
banners for events or activities sponsored by nonprofit organizations
may be authorized for an additional 30 cumulative days in any one
calendar year.
(7)
Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display a banner advertising the name of the business for up to 60 continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in § 240-7C(5) above.
(8)
Failure to comply with any of the provisions of Subsection C hereof shall be deemed a violation of this chapter, and the violator shall be subject to a fine of not more than $50 for the first violation in any calendar year, $100 for the second violation in any calendar year, and $200 for the third violation in any calendar year, with the fine doubling as aforesaid for each succeeding violation in any such calendar year, and each day such violation continues shall constitute a separate violation.
(9)
Unless
extended or permanently adopted by the Town Board by local law, the
provisions for temporary banners pursuant to this chapter shall expire
on October 31, 2012, although the Town Board shall have the authority
to rescind, at any time prior to October 31, 2012, the rules for temporary
banners after consulting with the Building Inspector, should the Town
Board determine that the continuance of temporary banners endangers
public safety or other public policy objectives of the Town Board.
All districts referred to in this chapter shall
be as controlled and defined under the provisions of the Zoning Ordinance
of the Town of Greenburgh.[1]
Any person aggrieved by any decision of the
Building Inspector relative to the provisions of this chapter, or
the Town of Greenburgh, may appeal such decision to the Zoning Board
of Appeals, as provided in the zoning regulations of the Town of Greenburgh[1], and shall comply with all procedural requirements prescribed
by such Zoning Board of Appeals. Any person aggrieved by any decision
of the Board of Appeals may have the decision reviewed by a Special
Term of the Supreme Court in the manner provided by Article 78 of
the Civil Practice Law and Rules.
Failure to comply with any of the provisions
of this chapter shall be deemed a violation, and the violator shall
be liable to a fine of not more than $50, and each day such violation
continues shall constitute a separate violation.
This chapter is applicable within the Town of
Greenburgh and shall be construed as an exercise of the powers of
such municipality to regulate, control and restrict the use of buildings,
structures and land for outdoor advertising purposes, displays, signs
and other advertising media in order to promote the health, safety,
morals and general welfare of the community, including the protection
and preservation of the property of the municipality and its inhabitants
and of peace and good order, for the benefit of trade and all matters
related thereto.
