[HISTORY: Adopted by the Board of Trustees of the Village of Sea
Cliff 9-17-1979 by L.L. No. 28-1979, effective 10-15-1979. Amendments noted
where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 48.
Fences, hedges, walls and plantings — See Ch. 64.
Handbill, newspaper and merchandise sample distribution; marking of property — See Ch. 75.
Health and safety — See Ch. 78.
Streets and sidewalks — See Ch. 110.
Zoning — See Ch. 138.
Rules and regulations of the Board of Architectural Review — See Ch. A141.
Schedule of fees — See Ch. A142.
Rules and regulations of the Planning Board — See Ch. A145.
This chapter shall be known and may be cited as the "Sign and Illumination
Law of the Incorporated Village of Sea Cliff."
The regulation and control of signs, displays and other advertising
media intended to attract the attention of the general public is necessary
in order to promote the health, safety, morals and general welfare of the
residents of the Incorporated Village of Sea Cliff; to protect and preserve
property and property values therein; and to benefit trade and all matters
related thereto. This chapter has been adopted to regulate, control and restrict
the use of buildings, structures and land for such advertising purposes, in
order to promote the benefits so enumerated.[1]
For the purposes of this chapter, the terms used herein are defined
as follows:
A freestanding business sign having an A-frame design or structure
used for the purpose of a temporary advertisement for a business located on
the property on which the sign is located.
[Added 8-20-2007 by L.L.
No. 5-2007]
The "area of a sign" shall be computed as including the entire area
within a regular geometric form or combinations of regular geometric forms
connecting all of the elements of the matter displayed. A sign may be single-surfaced
or multi-surfaced. The area of each surface shall be included in the calculation
for the maximum permitted area of the sign.
The Board of Architectural Review of the Incorporated Village of
Sea Cliff.
[Added 7-16-2001 by L.L.
No. 4-2001]
A sign intended to advertise the use of the lot on which it is located
for the distribution, production or sale of goods, the performance of services
or the name of the proprietor, rentor or lessee of the lot or structure.
A sign attached to or made a part of a canopy.
A temporary sign used to advertise the erection or alteration of
a structure on the lot on which it is displayed.
A nonbusiness sign beneficial to public safety or traffic control
in connection with a use on the lot on which it is displayed or beneficial
to public convenience and safety in connection with directions to the location
of a municipal, religious or noncommercial public facility.
A sign standing upon the ground supported by one or more upright
legs or posts standing upon the ground, with or without braces, and not attached
to any structure.
A sign which is lighted by a self-contained interior light or by
lights projected or directed onto the sign.
The lighting or floodlighting of signs or property, for purposes
of identification, advertising or security, outside the confines of a structure,
by means of electricity or the combustion of gases or liquids, or the lighting
of an area, object or structure.
See "window sign."
A portion or parcel of land, held in single and separate ownership,
devoted to a certain use or occupied by a building or group of buildings,
and the customary accessory uses, buildings and open spaces belonging thereto.
A sign used solely for showing the name and address of the occupant
of a residential structure on the lot on which it is displayed.
Any sign other than an illuminated sign.
The Planning Board of the Incorporated Village of Sea Cliff.
A sign containing not more than the name, address and profession
of the occupant of a structure on the lot on which it is displayed.
A wall sign projecting or extending more than 12 inches from the
face of the building or structure to which it is attached.
A sign used to identify a charitable, hospital, institutional, municipal,
nonprofit fraternal or membership, religious or school use of a structure
on the lot on which it is displayed.
A nonilluminated temporary sign used to advertise the availability,
lease, rental or sale of the lot or structure on which it is displayed.
Any device for visual communication, either illuminated or nonilluminated,
that is used for the purpose of bringing the subject thereof to the attention
of the public, whether displayed from the inside or affixed to the outside
of a structure or separately constructed.
A sign or structure having a distinct shape which alone or in conjunction
with words or symbols identifies the product intended to be advertised.
A sign erected by the Village of Sea Cliff or by a town, county or
state agency and used to inform, control or direct traffic.
A sign painted on, recessed in or affixed in any manner to a wall
of a building or structure.
A sign erected or maintained in the interior of a building, visible
from any public or private street or highway, but not including incidental
advertising within an office or business establishment.
The Zoning Board of Appeals of the Incorporated Village of Sea Cliff.
No signs shall be erected or maintained in the Village of Sea Cliff
except as provided in this chapter.
It shall be unlawful for any person to erect, construct, paint, alter,
relocate, reconstruct, display or maintain or cause to be erected, constructed,
displayed or maintained any illumination or sign without first having obtained
a sign permit from the Building Inspector of the Village of Sea Cliff, except
for the following types of signs for which no permit shall be required:
The fee for and duration of a sign permit shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application, which shall be in writing and shall be filed in duplicate with the Building Inspector. The form for such application shall be as prescribed by the Building Inspector and shall contain the following information:
A.
Name, address and telephone number of applicant.
B.
Location of building, structure or land to which the
sign is to be affixed or upon which the sign is to be erected.
C.
A detailed drawing or blueprint showing a description
of the the construction details of the sign and showing the lettering and/or
pictorial matter composing the sign, the method and position of lighting,
the position of any extraneous devices and a location plan showing the position
of the sign on any building or land and its position in relation to nearby
buildings or structures and to any private or public street or highway.
D.
Written consent of the owner of the building, structure
or land to which the sign is to be affixed or upon which the sign is to be
erected, in the event that the applicant is not the owner thereof.
E.
Certification of an electrical inspection by a qualified
person or firm, in the event that the sign is to be illuminated.
A.
The area, brilliance, character, color, degree, density,
intensity, location and type of illumination shall be the minimum necessary
for the intended purpose of such illumination, consistent with public safety
and welfare.
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 period of time of illumination shall be the minimum
necessary for the intended purpose of such illumination, consistent with public
safety and welfare. Illuminated signs must be turned off and extinguished
at or before 12:00 midnight of each day, except that such signs as are maintained
in connection with a business which is normally open past 12:00 midnight may
continue to be illuminated or lighted until closing time, provided that the
lighting intensity is reduced by 50% after 12:00 midnight and that such sign
is extinguished at closing time. All illuminated signs extinguished as above
provided shall remain extinguished until the next regular posted opening hour
of the business in connection with which such sign is maintained.
E.
Signs shall be illuminated indirectly or internally with
white light. Exposed neon tubing and signs containing words or symbols shaped
or formed directly from neon tubes or similar illuminating devices shall not
be permitted. Neon and other gas-type illumination shall be permitted within
an internally lighted sign, provided that such lighting is transmitted through
the letters or symbols of the sign, and further provided that such letters
or symbols are designed for and integrated into the face of the sign prior
to erection and are not glued, pinned or otherwise affixed to the face of
the sign. Internal lighting which shows through the translucent area of the
face of a sign not containing words or symbols shall not be permitted.
F.
No illumination shall be located so as to be confused
with traffic control signals, either by color or proximity.
G.
Illumination and illuminated signs shall not interfere
with the normal enjoyment of residential uses in adjacent residential districts.
A.
Signs may be erected or maintained only in connection
with permitted uses.
B.
A sign readable from two sides and with parallel faces
shall be considered to be one sign.
C.
No sign shall be erected or maintained so as to be distractive
or hazardous or to obstruct visibility with respect to the safety of motorists
or pedestrians proceeding along any public way or entering or leaving a lot.
D.
No signs except directional signs or traffic signs shall
be permitted on public streets or rights-of-way.
E.
No signs shall be erected or maintained on the roof or
eave of any building.
F.
Signs shall be properly maintained so as to present a
legible appearance. All signs shall be maintained in good repair. Excessively
weathered or faded signs shall be removed or put into a good state of repair.
All nonoperative or broken interior lighted illuminated signs shall be repaired
or removed. All temporary signs shall be removed at the expiration of the
event or sale for which they are erected.
G.
Signs shall be hung or erected in a secure and safe manner
so as to present no danger of falling or collapse.
H.
Flashing, rotating, revolving, reflecting, intermittent
or mobile signs shall be prohibited.
I.
Signs painted, erected, affixed or maintained on any
tree, stone or other natural object shall be prohibited.
J.
No later than 90 days after a tenant has vacated a premises,
any exterior signs identifying such tenant or business shall be removed by
the property owner and the facade of the building restored.
[Added 7-16-2001 by L.L.
No. 4-2001]
K.
An A-frame sign readable from two sides shall be considered to
be one sign.
[Added 8-20-2007 by L.L.
No. 5-2007]
A.
Business signs.
(2)
There shall be no more than two business signs and one
A-frame sign permitted per business, regardless of the method of display employed,[1] except that only one of such signs, in addition to the A-frame
sign, may be a freestanding or trademark sign. Further, only one freestanding
or trademark sign shall be permitted on any lot regardless of the number of
separate or individual businesses located on such lot, except that, in addition
thereto, there shall be permitted one A-frame sign per business on such lot.
[Amended 8-20-2007 by L.L.
No. 5-2007]
(3)
Except for an A-frame sign, business signs shall be permitted
only on the front face of a structure, except that on a corner lot situated
in a business district a second business sign facing a side street may be
permitted as a wall sign; provided, however, that such second sign faces property
situated in a business district and that said second sign is of a similar
design and contains similar wording to the permitted sign on the building
front and is no greater in dimension than such permitted sign.
[Amended 8-20-2007 by L.L.
No. 5-2007]
B.
Canopy signs.
(1)
Canopy signs shall not project horizontally beyond the
supporting canopy.
(2)
The maximum area of a canopy sign shall be four square
feet.
(3)
The bottom edge of a canopy sign shall not be less than
eight feet above the sidewalk or ground elevation over which the canopy extends.
(4)
Any light from an illuminated canopy sign shall not be
visible to the rear thereof.
(5)
Canopy signs shall be permitted only on the front face
of a structure.
C.
Construction signs.
(1)
There shall be one construction sign permitted per lot
upon which construction is taking place.
(2)
The maximum area of a construction sign shall be four
square feet.
(3)
The maximum height of the bottom of a freestanding construction
sign above the ground shall be two feet. The maximum height above the ground
of all other construction signs shall be five feet.
(4)
On developed property, construction signs shall be located
not nearer to an adjacent street than the building line of the premises thereon.
(5)
On undeveloped property, construction signs shall be
located not nearer to an adjacent street than 25 feet.
(6)
Construction signs shall be removed from the premises
on which they are located prior to the issuance of a certificate of occupancy
for the work to which they are related.
(7)
The illumination of construction signs is prohibited.
D.
Directional signs.
(1)
The maximum area of a directional sign shall be two square
feet.
(2)
The maximum height of the bottom of a directional sign
above the ground shall be five feet.
(3)
The number of directional signs on a lot applicable to
a use thereon shall not exceed the number of approved entrances and exits
thereto.
(4)
The number of directional signs on a lot not applicable
to a use thereon shall be limited to one.
E.
Freestanding signs.
(1)
No freestanding sign or part thereof shall project over
any property line.
(2)
No such sign or part thereof shall extend more than eight
feet above the average grade of the surrounding area.
(3)
Except for an A-frame sign, a freestanding business sign
shall be located only in a front yard and shall be no closer to the side lot
lines than the required side yard.
[Amended 8-20-2007 by L.L.
No. 5-2007]
(4)
In addition to any A-frame signs permitted on the lot,
there shall be only one freestanding sign permitted on any lot, regardless
of the number of separate or individual businesses located on such lot.
[Amended 8-20-2007 by L.L.
No. 5-2007]
(5)
The maximum dimensions of freestanding business signs,
other than an A-frame sign, shall be three feet high by three feet wide by
eight inches in thickness.
[Amended 8-20-2007 by L.L.
No. 5-2007]
(6)
The maximum dimensions of freestanding non-business signs
shall be the same as for the type of sign displayed.
(7)
Other than an A-frame sign, the maximum height of the
bottom of a freestanding business sign above the ground shall be five feet.
[Amended 8-20-2007 by L.L.
No. 5-2007]
(8)
The maximum height of the bottom of freestanding nonbusiness
signs shall be as specified for the type of sign displayed.
(9)
No freestanding sign, other than an A-frame sign, shall
be erected on a lot containing a projecting sign.
[Amended 8-20-2007 by L.L.
No. 5-2007]
H.
Projecting signs.
(1)
The maximum area of a projecting sign shall be nine square
feet.
(2)
The bottom edge of or any appendage to a projecting sign
shall be not less than 10 feet above grade at the sign.
(3)
No projecting sign or any part thereof shall extend over
any property line.
(4)
No projecting sign shall have advertising in a plane
parallel to the surface to which it is attached, and no such sign shall have
advertising in a plane which makes an angle of less than 60º with the
surface to which it is attached.
(5)
A projecting sign shall be permitted only on the front
face of a structure.
(6)
A projecting sign shall not be installed on a lot containing
a freestanding sign.
J.
Real estate signs.
(1)
There shall be one real estate sign permitted per lot.
(2)
The maximum dimensions of real estate signs shall be
three square feet on developed property and six square feet on undeveloped
property.
(3)
The maximum height of the bottom of a freestanding real
estate sign above the ground shall be two feet. The maximum height above the
ground of all other real estate signs shall be five feet.
(4)
On developed property, real estate signs shall be located
not nearer to an adjacent street than the building line of the premises thereon.
(5)
On undeveloped property, real estate signs shall be located
not nearer to an adjacent street than 25 feet.
(6)
Real estate signs shall be removed forthwith upon completion
of the transaction advertised.
(7)
The illumination of real estate signs is prohibited.
K.
Trademark signs.
(1)
No trademark sign or part thereof shall project over
any property line.
(2)
No such sign or part thereof shall extend more than eight
feet above the average grade of the surrounding area.
(3)
A trademark sign shall be located only in a front yard
and shall be no closer to the side lot lines than the required side yard.
(4)
There shall be only one trademark sign permitted on any
lot, regardless of the number of separate or individual businesses located
on such lot.
(5)
The maximum dimensions of trademark signs shall be three
feet high by three feet wide by eight inches in thickness.
(6)
The maximum height of the bottom of a trademark sign
above the ground shall be five feet.
(7)
No trademark sign shall be erected on a lot containing
a freestanding sign or a projecting sign.
L.
Wall signs.
(1)
Except on corner lots, there shall be one wall sign permitted
per lot.
(2)
Except on corner lots, wall signs shall face the front
street of the lot on which the building containing the sign is located.
(3)
The maximum area of a wall business sign shall be two
square feet for each front foot of building on which the sign is located.
(4)
The maximum dimensions of wall signs other than business
signs shall be the same as for any permitted sign in the zoning district in
which it is located.
(5)
No wall sign shall project over the parapet or eaves
of rooflines. whichever shall be the lower part of the building on which it
is located.
(6)
No wall sign or any part thereof shall project more than
12 inches from the wall to which it is affixed.
(7)
The bottom edge of a business wall sign, or any appendage
thereto, shall not be less than 10 feet above grade at such sign.
(8)
A business wall sign shall be permitted only on the front
face of a structure, except that on a corner lot situated in a business district
a second business wall sign of equal or lesser dimension facing a side street
may be permitted; provided, however, that such second sign faces property
situated in a business district and that said second sign is of similar design
and contains similar wording to the permitted sign on the building front.
N.
A-frame signs.
[Added 8-20-2007 by L.L. No. 5-2007]
(2)
There shall be only one A-frame sign permitted per business on
a lot.
(3)
An A-frame sign readable from two sides shall be considered to
be one sign.
(4)
No A-frame sign shall be permitted or placed on public streets,
public rights-of-way, public sidewalks, or in any public or private parking
area designated as a parking space or aisle.
(5)
The maximum dimensions of the display portion of an A-frame sign
shall be three feet high by two feet wide.
(6)
The maximum height of the bottom of an A-frame sign above the
ground shall be one foot. The maximum height of the top of an A-frame sign
above the ground shall be four feet.
(7)
The illumination of an A-frame sign is prohibited.
(8)
An A-frame sign shall not be displayed or located outside on
any property before 8:00 a.m. or after 5:00 p.m.
In addition to the regulations set forth above, the following regulations
shall control the erection and maintenance of signs in the districts indicated.
No signs other than those listed shall be permitted in the districts indicated.
A.
Residence districts.
|
Type of Sign
|
Method of Display Permitted
|
Illumination Permitted
|
Maximum Dimensions Permitted
(square feet)
| |
|---|---|---|---|---|
|
Construction
|
Freestanding
|
No
|
4
| |
|
Wall
|
No
|
4
| ||
|
Window
|
No
|
4
| ||
|
Directional
|
Frestanding
|
Yes
|
2
| |
|
Wall
|
Yes
|
2
| ||
|
Window
|
Yes
|
2
| ||
|
Name
|
Freestanding
|
Yes
|
1
| |
|
Wall
|
Yes
|
1
| ||
|
Window
|
Yes
|
1
| ||
|
Professional
|
Freestanding
|
Yes
|
2
| |
|
Wall
|
Yes
|
2
| ||
|
Window
|
Yes
|
2
| ||
|
Public convenience
|
Freestanding
|
Yes
|
12
| |
|
Wall
|
Yes
|
12
| ||
|
Real estate
|
Freestanding
|
No
|
Developed property: 3
| |
|
Undeveloped property: 6
| ||||
|
Wall
|
No
|
3
| ||
|
Window
|
No
|
3
|
B.
Business districts.
[Amended 8-20-2007 by L.L. No. 5-2007]
|
|
Type of Sign
|
Method of Display Permitted
|
Illumination Permitted
|
Maximum Dimensions Permitted
|
|---|---|---|---|---|
|
Business
|
Canopy
|
Yes
|
4 square feet
| |
|
Freestanding
|
Yes
|
3 feet x 3 feet x 8 inches
| ||
|
Projecting
|
Yes
|
9 square feet
| ||
|
Trademark
|
Yes
|
3 feet x 3 feet x 8 inches
| ||
|
Wall
|
Yes
|
2 square feet for each front foot of building
| ||
|
Window
|
Yes
|
6 square feet
| ||
|
A-frame
|
No
|
12 square feet
| ||
|
Construction
|
Freestanding
|
No
|
6 square feet
| |
|
Wall
|
No
|
6 square feet
| ||
|
Window
|
No
|
6 square feet
| ||
|
Direcional
|
Freestanding
|
Yes
|
2 square feet
| |
|
Wall
|
Yes
|
2 square feet
| ||
|
Window
|
Yes
|
2 square feet
| ||
|
Name
|
Freestanding
|
Yes
|
1 square foot
| |
|
Wall
|
Yes
|
1 square foot
| ||
|
Window
|
Yes
|
1 square foot
| ||
|
Professional
|
Freestanding
|
Yes
|
2 square feet
| |
|
Wall
|
Yes
|
2 square feet
| ||
|
Window
|
Yes
|
4 square feet
| ||
|
Public convenience
|
Freestanding
|
Yes
|
12 square feet
| |
|
Wall
|
Yes
|
12 square feet
| ||
|
Real estate
|
Freestanding
|
No
|
Developed property: 3 square feet
| |
|
Undeveloped property: 6 square feet
| ||||
|
Wall
|
No
|
3 square feet
| ||
|
Window
|
No
|
3 square feet
|
[Amended 7-16-2001 by L.L.
No. 4-2001]
The Board of Architectural Review may grant variances from strict conformity
with the provisions of this chapter. In so doing, it shall consider the following:
A.
Whether there is a practical difficulty or unnecessary
hardship in requiring compliance with said provisions.
B.
Whether the requested sign is necessary for proper identification
of the business conducted or services rendered on the premises where it is
proposed to be placed.
C.
Whether the requested sign will contribute to the devaluation
of any property in the area or to the general deterioration of the neighborhood
in which it is proposed to be placed, by reason of size, location or aesthetic
appearance.
D.
Whether the requested sign will interfere in any way
with automotive visibility or create or contribute to the creation of any
traffic hazard.
E.
Whether the requested sign will obstruct any sidewalk,
window, door, fire escape, stairway, ladder or opening intended to provide
light, air, ingress or egress from any building.
