Village of Pelham, NY Signs, Awnings, Canopies, Marquees and Barber Poles

Editor's Note: This section was amended 2-20-2001 by L.L. No. 1-2001 to delete the subsection designations for each definition and to list the definitions alphabetically.

§ 77-3 Building permit and license required.

No sign, awning, canopy, marquee or barber pole nor any illumination thereof shall be erected, relocated or altered without a permit issued by the Building Inspector unless the item falls within the exceptions set forth in § 77-4.

[Amended 11-21-2006 by L.L. No. 4-2006]

With the exception of A-frame signs, every sign, awning, canopy, marquee and barber pole, and any illumination thereof, that has been erected, relocated or altered pursuant to a permit must then be licensed pursuant to § 77-7.

[Amended 5-6-2014 by L.L. No. 3-2014]

All items licensed pursuant to this chapter and A-frame signs with permits must be maintained at all times in a safe and attractive condition so as not to be detrimental to the public health, safety and welfare.

[Amended 5-6-2014 by L.L. No. 3-2014]

§ 77-4 Exceptions to permit and license requirement.

The provisions of § 77-3 shall not apply to:

Property identification signs containing street address numbers that do not exceed six inches in height and are attached to a building.

Residential signs, awnings, canopies and marquees that:

Are on properties of conforming use; and

Conform to §§ 77-10 and 77-12.

Signs required by New York State law or any governmental entity with jurisdiction.

Interior signs that conform to §§ 77-9A(2)(h), 77-9A(3)(d) and (e) and 77-9E(1) and (3).

[Amended 2-20-2001 by L.L. No. 1-2001]

Reasonable exterior holiday decorations and lighting from December 1 through January 15.

[Amended 12-21-1999 by L.L. No. 2-1999]

Temporary signs posted on the bulletin boards that the Village owns and maintains for that purpose.

For each building one unlit temporary sign that is either an announcement of the prospective sale or rental of the property on which the sign is displayed or the sign of a contractor working on the property, provided that:

[Amended 12-21-1999 by L.L. No. 2-1999]

The temporary sign shall not be placed within a distance of 10 feet from any property line.

The top of such sign shall be no more than six feet above ground level.

The sign area of a sign shall be no more than two square feet.

Signs that indicate the private nature of a road, driveway or other premises and signs that limit the use of private property by the public, provided that:

Such signs within the residential districts are limited to one square foot in area.

Such signs within the business and office districts are limited to three square feet in area.

Public safety notices, except that the following public safety notices must meet the designated requirements:

[Added 12-21-1999 by L.L. No. 2-1999]

Push-pull signs must be no more than three inches by five inches, include no lettering other than the words "push" or "pull" and must be displayed adjacent to a door handle.

No-smoking signs, no-soliciting signs and security alarm signs that are affixed to a window must be located within one location at each business establishment: in a square one foot by one foot that is located either on the glass of a door or in the lower corner of the window nearest the door.

Open/closed signs attached to the glass of a door must be no larger than six inches by 12 inches.

[Added 12-21-1999 by L.L. No. 2-1999]

Decals, including but not limited to those of group affiliations and credit cards, may be displayed in the square area of a business' window or door as described in § 77-4I(2).

[Added 12-21-1999 by L.L. No. 2-1999]

One business hours sign may be painted on or affixed to a window or the glass of a door, provided that the vertical dimension of its lettering is no more than one inch in height and the lettering is displayed on a clear background.

[Added 12-21-1999 by L.L. No. 2-1999]

One telephone number may be painted on or affixed to one window, provided that:

[Added 12-21-1999 by L.L. No. 2-1999; amended 2-20-2001 by L.L. No. 1-2001]

The lettering is displayed on a clear background; and

On windows at street level the vertical dimension of the lettering does not exceed two inches, and on windows of upper floors the vertical dimension of the lettering does not exceed four inches.

§ 77-5 Application for permit for items other than A-frame signs.

[Amended 11-21-2006 by L.L. No. 4-2006; 5-6-2014 by L.L. No. 3-2014]

Applications for a permit for items other than A-frame signs shall be submitted on prescribed forms available from the Village Clerk.

Applications may be submitted either by the building owner or by the occupant of the premises. If the applicant is the occupant, the building owner must endorse the application to indicate consent.

Applications for a sign, awning, canopy, marquee or barber pole shall include:

A drawing that:

Identifies the applicant's name, address and telephone number;

Identifies the building and the unit of occupancy on which the item is to be erected;

Indicates the existing signs or other items regulated by this chapter and whether such existing items will remain or be removed;

Identifies the name, address and telephone number of the person who prepared the drawing;

Indicates the date of the original submission and all revisions with notations identifying the revisions; and

Indicates the setback from any freestanding sign, swinging post sign, perpendicular sign, awning, canopy, marquee or barber pole to the lot lines.

An elevation, color rendering and specifications for the proposed item that include:

Its vertical, horizontal and depth dimensions;

Its projection from the building;

The total exterior wall length of the unit of occupancy for which the sign is proposed and a minimum of 10 feet on either side of the adjacent property drawn to the scale of one inch equals four feet;

The lettering, texture, color and materials of the sign or structure;

The engineering specifications for the method of attachment of the item to the structure, if applicable;

A fabric sample, if applicable;

A detailed description and location plan of the illumination, if any; and

Such other information that the Architectural Review Board and the Building Inspector may require to show compliance with the provisions of this chapter.

Applications for a permit must be submitted to the Architectural Review Board at Village Hall during regular business hours.

The Architectural Review Board shall examine every application made pursuant to § 77-3. Once the Architectural Review Board has concluded that the proposed item conforms to this chapter, it shall approve the application and forward it to the Building Inspector.

After the Architectural Review Board has approved an application pursuant to § 77-3 and the Building Inspector has determined that a proposed structure meets the structural standards of all applicable codes, the Building Inspector must issue a permit once the applicant has provided:

Payment of the permit fee established by resolution of the Village Board of Trustees;

Satisfactory evidence of compliance with the provisions of the State Worker's Compensation Law;

When required by § 77-6, satisfactory proof of insurance; and

When required by § 77-9F(1), proof of approval by the Zoning Board of Appeals.

A permit shall be valid for 90 days.

§ 77-5.1 Applications for A-frame sign permits.

[Added 5-6-2014 by L.L. No. 3-2014]

Applications for A-frame sign permits shall be submitted on prescribed forms available from the Village Clerk.

Applications may be submitted either by the building owner or by the occupant of the premises. If the applicant is the occupant, the building owner must endorse the application to indicate consent.

Completed applications for an A-frame sign permit must be submitted to the Village Clerk.

If the Building Inspector approves an application for an A-frame sign permit, the Building Inspector will issue an A-frame sign permit and a seal to be attached to the sign after the applicant has submitted:

Payment of the permit fee established by resolution of the Village Board of Trustees;

A certificate of insurance for an insurance policy that meets the following requirements:

An insurance company authorized to do business in New York State must issue the policy.

The policy must list the Village of Pelham as an additional insured.

The policy must specifically refer to the fact that the policy is for the display of an A-frame sign on the sidewalk.

The policy must indemnify and save harmless the Village from any and all judgments and expenses that the Village may incur or suffer by reason of granting the A-frame sign permit.

The insurance policy and the insurance certificate must have the endorsement: "No Cancellation of or change in this policy will become effective until after the A-frame sign's permit seal has been returned to the Village or until after 15 days' written notice of such cancellation or change has been given by certified mail to the Village Clerk, Village of Pelham, New York 10803."

Throughout the time the A-frame sign is in use, the required insurance must be in effect.

Proof of every renewal of the required insurance policy must be filed with the Village Clerk.

If the required insurance policy becomes ineffective or the sign no longer has a valid permit, the holder of the A-frame sign permit must immediately stop displaying the A-frame sign or the Village of Pelham may remove the sign.

A-frame signs must always display a valid permit seal in the center of the upper frame of the sign.

All A-frame sign permits shall be valid for no more than one calendar year and shall expire on December 31. Each year applicants must apply for new A-frame sign permits.

If a business changes ownership, a valid permit for an A-frame sign may be transferred to the new owner if:

The name of the business is the same.

The sign is not changed.

The new owner of the business files with the Village Clerk an amendment to the permit application that indicates the name, address and telephone number of the new business owner; and

The new owner of the business files satisfactory proof of insurance with the Village Clerk.

§ 77-6 Insurance requirements.

Before a permit pursuant to § 77-3 is granted for a sign, awning, canopy, marquee, barber pole or related electrical work extending over public property, and before a license for such a structure is renewed pursuant to § 77-8, the applicant must file with the Village Clerk a certificate of insurance for an insurance policy:

Issued by an insurance company authorized to do business in New York State;

Listing the Village of Pelham as an additional insured on such policy; and

Indemnifying and saving harmless the Village from any and all judgments, costs or expenses which the Village may incur or suffer by reason of granting a permit and/or license.

Each such policy and each such certificate must have endorsed thereon: "No Cancellation of or change in this policy will become effective until after the subject item has been removed or until after 15 days' written notice of such cancellation or change has been given by registered mail to the Village Clerk, Village of Pelham, New York 10803."

All required insurance must be in effect throughout the life of the subject item in no less than the amounts that the Board of Trustees has established by general resolution.

Proof of every renewal of the required insurance policy must be filed with the Village Clerk.

The licensee, license applicant, the owner of the premises or the successor owner of the business displaying or using any sign, awning, canopy, marquee, barber pole and related electrical work extending over public property must immediately remove such item in the event that the required insurance policy becomes ineffective or the subject item no longer has a valid permit or license. Otherwise, the Village of Pelham may remove the subject item, and said licensee, license applicant, owner of the premises and any successor owner of the business continuing to display or use the item will be jointly and severally liable for the expenses the Village incurs in removing such item.

§ 77-7 License requirements.

With the exception of A-frame signs, every sign, awning, canopy, marquee and barber pole for which a permit is required must be licensed. A valid license must be kept on the premises for inspection upon demand of the Police or Building Department.

[Amended 5-6-2014 by L.L. No. 3-2014]

The Village Clerk shall issue a license after:

Both the Architectural Review Board and the Building Inspector have verified that the applicant has complied with the permit; and

[Amended 11-21-2006 by L.L. No. 4-2006]

For each previously unlicensed item, the applicant has paid the license fee established by general resolution of the Village Board of Trustees.

All licenses shall expire five years from the date of issuance.

If any item licensed under this chapter is constructed, erected, relocated or maintained in violation with this chapter, the Village Board of Trustees or its designee may revoke the license of such item:

If the owner of the premises, the licensee or the successor owner of the business continuing to display the item fails to cure the violation within the time set forth in the warning of license revocation served by the Village Clerk; and

At a hearing, the Board of Trustees finds that the violation has been proven by the preponderance of the evidence.

The owner of the premises, the licensee and any successor owner of the business continuing to display an item licensed pursuant to this chapter shall be jointly and severally responsible for removing the sign or other licensed item and, if required, restoring the building exterior where the licensed item was located no later than 30 calendar days after the premises is vacated or after the license or permit is expired, or within the time set forth in a license revocation notice served by the Village Clerk.

If a business changes ownership, the existing license may be transferred to the new owner if:

The name of the business is the same;

No change is made in the sign, awning, canopy, marquee or barber pole, in its location or in its illumination;

The new owner of the business files with the Village Clerk an amendment to the license that indicates the name, address and telephone number of the new business owner; and

When required by § 77-6, satisfactory proof of insurance is filed with the Village Clerk.

§ 77-8 License renewal.

All applications to renew a license issued pursuant to this chapter must be submitted to the Architectural Review Board no less than 60 calendar days prior to the expiration date.

All applications to renew a license shall be submitted on prescribed forms available from the Village Clerk.

The renewal application for an exterior sign, awning, canopy, marquee or barber pole must include a certificate of inspection that indicates that the subject item is structurally sound and conforms to the Code. The inspection certificate must be signed by the applicant for the license renewal, the property owner and a professional engineer or architect registered and licensed by the State of New York.

When required by § 77-6, satisfactory proof of insurance must be attached to the renewal application.

The Village Clerk shall issue a new license after:

The Architectural Review Board and the Building Inspector have verified that the subject item still complies with this Code.

[Amended 11-21-2006 by L.L. No. 4-2006]

The applicant has paid, for each item, the applicable fee established by general resolution of the Village Board of Trustees.

§ 77-9 Regulations applicable to business and office districts.

[Amended 12-21-1999 by L.L. No. 2-1999]

The following regulations are applicable to all property in the business and office districts, except for the properties of the institutions specified in § 77-11:

Signs.

These signs are prohibited:

Roof signs.

Billboards.

Portable signs, with the exception of A-frame signs.

[Amended 5-6-2014 by L.L. No. 3-2014]

Signs painted or papered directly on building walls.

Moving or rotating signs, including but not limited to animated signs and changeable-copy signs.

Signs with fluorescent or iridescent colors and materials.

Signs with mirrors or other excessively reflective surfaces.

Signs projecting more than two inches beyond the building surfaces upon which they are mounted.

(i)

Exterior and interior signs that are internally illuminated or self-illuminated, except as provided in § 77-9D(2) and E(3)(b).

[Amended 2-20-2001 by L.L. No. 1-2001]

Location of signs.

[Amended 2-20-2001 by L. L. No. 1-2001]

No sign on private property shall be located so as to:

Interfere with the vision of any driver entering or leaving the property where the sign is located; or

Interfere with visibility of any driver at any intersection or traffic light.

With the exceptions set forth in § 77-9A(2)(e), (f) and (j), every exterior sign:

[Amended 5-6-2014 by L.L. No. 3-2014]

Shall be located on the facade in the designated sign area; and

Shall be parallel to the facade to which it is attached.

With the exceptions set forth in § 77-9A(2)(d), a business is allowed no more than one primary sign and one secondary sign.

A primary sign must be displayed in the designated sign area, on or in a window, on the valance of an awning or canopy or on the face of a marquee.

A secondary sign must be located on or in a window or on the valance of an awning or canopy.

The exceptions to the numerical limits on primary and secondary signs are the following:

Only businesses located on the corner of two intersecting legal streets may have two primary signs. If such a business, whether on the street level or on an upper floor of a building, displays two primary signs, no more than one primary sign may face each legal street, and both primary signs must be parallel to the street.

Businesses that elect to display the secondary sign on a window instead of on an awning or canopy may place such secondary sign on more than one window if:

The storefront has more than one architecturally defined window section; and

Such secondary signs are identical in size, typeface and color, and they are positioned in the same location on the glass of each window section.

Freestanding and swinging post signs are permitted if the storefront or building is set back more than 10 feet from the property line and if the sign meets the following requirements:

The face of the sign is parallel or perpendicular to the street.

The top of the sign is no higher than the highest point of the roof and no more than 15 feet above the top of the curb.

No part of the sign is within 10 feet of a side lot line or, if located on a corner lot, no part of the sign is within 30 feet of the lot corner.

[4]

All illumination conforms to Subsection E of this section.

A perpendicular sign is permitted where the store front is set back 10 or more feet from the property line. This restriction however, does not apply to an A-frame sign, the required location of which is set forth in § 77-9A(2)(j).

[Amended 5-6-2014 by L.L. No. 3-2014]

Telephone numbers.

Telephone numbers must not be displayed on a primary sign.

Other than on an interior sign, a business telephone number may be displayed in only one location for each business. It may be displayed either:

With a secondary sign on the flap of an awning or canopy; or

On a window.

Interior signs

Interior signs must be suspended or be displayed on stands inside windows.

Signs must not be papered, taped, glued, painted upon or in any other way directly affixed to the glass of a window or door unless the signs are licensed primary or secondary signs or are signs permitted pursuant to § 77-4I, J, K, L or M.

(i)

Exterior temporary signs. With the exception set forth in § 77-4E, only a business announcing its grand opening or change of ownership may display on the exterior of its premises bunting, banners, pennants or other temporary signs. Such display must be reasonable and remain for no more than 30 days.

(j)

A-frame signs. If a business is displaying a legal primary sign, the business may display one A-frame sign. The A-frame sign is excluded from the requirements for primary and secondary signs, but it must meet the following requirements:

[Added 5-6-2014 by L.L. No. 3-2014]

The sign must be located on the sidewalk directly in front of the business that it advertises.

The sign must not impede or obstruct pedestrian or vehicular traffic.

There shall be on the sidewalk a minimum of four feet of open space free of all obstructions, including but not limited to the A-frame sign, sidewalk cafe furnishings, street trees, parking meters, fire hydrants, and lamp posts.

No A-frame signs shall be placed on sidewalks opposite crosswalks, bus stops or driveways.

To prevent obstructions in the line of sight of motorists and impediments to pedestrian traffic, the A-frame sign for a business located on a corner lot must be placed on the sidewalk within the building lines.

[d]

A-frame signs shall not have moving parts, projections, lighting or anything attached to them, including but not limited to streamers and balloons.

[e]

Stability. Every A-frame sign must be stable. If necessary, the sign must be braced to prevent collapse or toppling. If the Village determines that an approved sign is unstable, the Village may remove the sign without notice to the owner.

Hours of display. An A-frame sign may be displayed on the sidewalk only during the hours when the business that the sign advertises is open for business. When the business is closed, the holder of the A-frame sign permit is responsible for removing the sign from the sidewalk and storing it inside the premises of the business.

Size of signs.

The overall length of a sign area for the occupant of part of a premises shall not exceed the length of the building frontage possessed by such occupant.

Buildings with business establishments, above the first floor may display nameplates provided that the nameplates are mounted next to the building's entrance, are no more than nine inches high and 18 inches wide, are of uniform design and appearance, and are compatible with the appearance of the building and its other signs.

A directory to multiple business establishments located in the same building is permissible, provided that the directory is mounted next to the entrance of the building, is no more than 30 inches high and 24 inches wide, and is compatible with the appearance of the building and its other signs.

The total area of all signs displayed on or in a window may not exceed 25% of the window area. This limitation on the area of signs applies to all licensed and unlicensed signs, including but not limited to primary signs, secondary signs, interior signs and signs described in § 77-4. The sole exceptions to this section are:

[Amended 2-20-2001 by L.L. No. 1-2001]

A business establishment may exhibit one neon sign that exceeds 25% of the window area, if the neon sign is the only sign displayed in the window and meets the requirements set forth in § 77-9E(3)(b)[1].

Business establishments located on the upper floors of a building may exhibit in or on a window a primary sign as well as a telephone number that combined exceed 25% of the window area, provided that:

The lettering of the primary sign and of the telephone number is on a clear background; and

The overall vertical dimension of the lettering of the primary sign is no more than eight inches and the overall vertical dimension of the telephone number complies with § 77-4M(2).

Signs on the glass of every door are to be limited in area so that the total area of all the signs, both licensed and unlicensed signs, shall not exceed 25% of the area of the door's glass.

A-frame signs shall have a maximum height of four feet and a minimum height of two feet except for A-frame signs of businesses located on corner lots. The A-frame signs displayed by businesses on corner lots shall have a maximum height of three feet and a minimum height of two feet. The maximum width of all A-frame signs shall be three feet.

[Added 5-6-2014 by L.L. No. 3-2014]

Size of lettering.

[Amended 2-20-2001 by L.L. No. 1-2001]

Primary signs. The vertical dimension of the lettering of a primary sign shall be limited to 12 inches unless the sign is located on an awning or canopy. The vertical dimension of the lettering of a primary sign located on an awning or canopy and of any street address displayed with such sign is limited to eight inches.

Secondary signs. The vertical dimension of the lettering of a secondary sign shall be limited to eight inches, with the following exceptions:

Secondary signs that do not include the business name and are located on the flap of an awning or a canopy displaying a telephone number may have lettering with a vertical dimension of no more than four inches.

Secondary signs that include the business name and are located on the flap of an awning or a canopy displaying a telephone number must comply with the following:

The vertical dimension of the lettering of the business name must be no more than eight inches.

The telephone number must be located at one end of the sign and must be balanced by the street address or logo at the opposite end of the sign. A minimum of four character spaces of the typeface used in the business name must separate the business name and the nature of the business, if used as permitted, from all other lettering.

The vertical dimension of the street address, logo and telephone numbers may be no more than 50% of the size of the lettering of the business name. When the lettering of the business name includes upper- and lowercase letters, the vertical dimension of the street address, logo and telephone numbers shall be no greater than 50% of the size of the tallest lettering.

Sign materials.

[Amended 5-6-2014 by L.L. No. 3-2014]

An exterior sign with the exception of A-frame signs, shall be a painted signboard or consist of letters in relief applied to the sign area or a signboard that is made of painted or natural wood, aluminum or stainless steel. The use of reflective or high-gloss materials for signboards is prohibited.

A-frame signs must have two faces of chalkboard that are of equal size and are framed by wood, metal or other hard material. The frames must provide stable contact with the sidewalk. A-frame signs must not have wheels.

Awnings.

An awning's frame must be supported entirely from the building.

An awning's pliable covering must be made of an opaque material that is neither metallic nor reflective.

At all times, all parts of an awning and its supporting frame must be at least seven feet above the sidewalk and set back at least five feet from the face of the curb.

All awnings must be located over fenestration and be limited to the size of that fenestration.

When an awning projects beyond the property line and/or into any required front, side or rear setback, it must be constructed so that either it can be raised to a position flat against the building when not in use or it can be totally removed in 30 minutes.

(6)

Retractable awnings must be closed when an establishment is not open for business.

(7)

A primary or secondary sign may be displayed on an awning.

The lettering of an awning sign must be located on the flap, apron or valance which must not exceed eight inches in height.

[Amended 2-20-2001 by L.L. No. 1-2001]

The street number or address may be displayed with a primary sign on an awning.

The street number or address and one telephone number may be displayed with a secondary sign on an awning.

Canopies.

A canopy's pliable covering must be made of an opaque material that is neither metallic nor reflective.

At all times, all parts of the canopy, except any supporting poles, must be at least seven feet above the sidewalk and set back at least five feet from the face of the curb.

All canopies must be located over fenestration and be limited to the size of that fenestration.

When a canopy projects beyond the property line and/or into any required front, side or rear setback, it must be constructed so that either it can be raised to a position flat against the building when not in use or it can be totally removed in 30 minutes.

Retractable canopies must be closed when an establishment is not open for business.

(6)

A primary or secondary sign may be displayed on a canopy.

The lettering of a canopy sign must be located on the flap, apron or valance which must not exceed eight inches in height.

[Amended 2-20-2001 by L.L. No. 1-2001]

The street number or address may be displayed with a primary sign on a canopy.

The street number or address and one telephone number may be displayed with a secondary sign on a canopy.

(7)

Canopies must not block pedestrians' views of the signs and windows of neighboring businesses.

Barber poles.

Barber poles may project no more than 18 inches over public property.

Internal electrical illumination of barber poles is permissible if it is wired from an internal electrical source and if the electrical work complies with all applicable electrical codes.

Illumination.

All signs.

Intermittent or flashing lighting and moveable lighting with moveable parts are impermissible, including but not limited to changeable-copy signs, animated signs and searchlights.

All illumination must be electrical and comply with all applicable electrical codes.

Illumination of exterior signs, including but not limited to those in the designated sign area, on awnings, canopies and marquees must comply with the following:

All lights shall be white.

No illumination will be allowed unless the related sign, awning, canopy or marquee is constructed of noncombustible material.

The illumination must not create a glare that disturbs residents in their homes, disturbs the vision of passing pedestrians or motorists or constitutes a hazard to traffic.

[Amended 2-20-2001 by L.L. No. 1-2001]

All illumination must be from the exterior by shielded lights that focus the light on the sign.

The shields must be 10 feet above the ground or sidewalk and project no more than 36 inches beyond the sign fascia.

All provisions for electrical service shall be concealed. No exposed conduit, electrical boxes, splice boxes or related items shall be allowed.

Illumination of interior signs.

Except as set forth below in § 77-9E(3)(b), all interior signs shall be externally lit. No such signs shall be self-illuminated.

Neon signs. An establishment may display one or more interior nonintermittent signs in neon under the following conditions:

[Amended 2-20-2001 by L.L. No. 1-2001]

No neon sign is more than two square feet in area.

Neon signs may be illuminated only when the establishment is open for business.

Any and all neon signs meet the requirements of § 77-9A(3)(d) and (e).

Gas stations and similar special conditions.

Signs related to gasoline stations and similar special conditions will not be allowed unless each specific proposal is recommended by the Architectural Review Board and thereafter is approved by the Zoning Board of Appeals as a special exception use.

Subsection F(1) does not apply to small signs which are standard equipment on gasoline pumps.

§ 77-10 Regulations applicable to the residential districts.

[Amended 12-21-1999 by L.L. No. 2-1999]

The following regulations are applicable to all properties within the residential districts, except for the properties of the institutions specified in § 77-11.

Signs.

Location of signs.

All signs must be at least six feet from any street or property line.

No sign on private property shall be located so as to:

[Amended 2-20-2001 by L.L. No. 1-2001]

Interfere with the vision of any driver entering or leaving the property where the sign is located; or

Interfere with visibility of any driver at any intersection or traffic light.

The sign must be attached to the building or displayed on a rod or post(s).

Size and number of signs.

[Amended 2-20-2001 by L.L. No. 1-2001]

On residential properties:

No sign may be more than two square feet in area.

Where there is more than one residential sign for a single property, the total area of all such signs shall not exceed five square feet for each detached residence.

On any properties of legally nonconforming use which are not solely residential:

No more than one sign may be displayed.

The area of such sign may be no more than 10 square feet, with five feet as a maximum dimension.

Illumination. It is prohibited to illuminate signs.

Residential property identification signs.

[Amended 2-20-2001 by L.L. No. 1-2001]

One- and two-family residences in the Residence A- 1, Residence A-2, Residence A-3, Residence B-1 and Residence B-2 Districts:

Each sign may display no more than the street address and the names of the prime occupants.

No sign shall be permitted for a home occupation or professional office, even if such use is permitted in the district.

In Residence M and Residence M-1 Districts:

Multifamily residences. At each exterior entrance to a building there may be one sign. Each sign may display no more than the street address.

One- and two-family residences. Each sign may display no more than the street address and the names of the prime occupants.

All residences. Each permissible professional office or home occupation located on the premises may display one unlit sign not exceeding one square foot and attached to the building at the building's principal entrance.

Business signs on any property of a legally nonconforming use:

These signs require permits and licenses pursuant to this chapter.

The signs must comply with:

[Amended 2-20-2001 by L.L. No. 1-2001]

§ 77-9A(1) regarding the types of prohibited signs.

§ 77-9A(2)(e)[1] regarding the location of a sign.

§ 77-9A(4) regarding the size of the lettering.

[4]

§ 77-9A(5) regarding sign materials.

The signs shall be situated so that the top of the signs shall be no more than six feet above the top of the curb.

Awnings, canopies and marquees.

One- and two-family dwellings in Residence A-1, Residence A-2, Residence A-3, Residence B-1 and Residence B-2 Districts: Every awning, canopy or marquee shall comply with all setback requirements set forth in Chapter 98, Zoning.

In Residence M and Residence M-1 Districts:

Multifamily residences.

[Amended 2-20-2001 by L.L. No. 1-2001]

Awnings.

An awning's frame must be supported entirely from the building.

An awning's pliable covering must be made of an opaque material that is neither metallic nor reflective.

At all times, all parts of an awning and its supporting frame must be at least seven feet above the sidewalk and set back at least five feet from the face of the curb.

[d]

All awnings must be located over fenestration and be limited to the size of that fenestration.

[e]

[f]

Only the building's name and/or street address or number may be placed on an awning. The lettering must be no more than eight inches high and must be located on the flap, apron or valance which must not exceed 10 inches in height.

Canopies.

A canopy's pliable covering must be made of an opaque material that is neither metallic nor reflective.

At all times, all parts of the canopy, except any supporting poles, must be at least seven feet above the sidewalk and set back at least five feet from the face of the curb.

All canopies must be located over fenestration and be limited to the size of that fenestration.

[d]

[e]

Only the building's name and/or street address or number may be placed on a canopy. The lettering must be no more than eight inches high and must be located on the flap, apron or valance which must not exceed 10 inches in height.

One- and two-family residences: Every awning, canopy or marquee shall comply with all setback requirements set forth in Chapter 98, Zoning.

Awning, canopies and marquees on any property of a legally nonconforming use:

Require a permit and license pursuant to this chapter.

Must comply with all setback requirements set forth in Chapter 98, Zoning.

Must comply with § 77-10B(2)(a)[1][a], [b], [c], [d] and [f], as well as with § 77-10(B)(2)(a)[2][a], [b], [c] and [e].

[Amended 2-20-2001 by L.L. No. 1-2001]

§ 77-11 Institutional properties.

[Amended 12-21-1999 by L.L. No. 2-1999]

The following regulations are applicable to the following institutions: a church, synagogue or other house of worship or a parish house, school, club or public building where such structure and use are permissible.

Signs.

No more than two institutional name and announcement signs will be allowed for such an institution.

The face area of the name or announcement signs shall not exceed 10 square feet.

Location of signs.

The signs must be freestanding or fixed to the main wall of a building.

All signs must be at least six feet from any street or property line.

No sign shall be located so as to:

[Amended 2-20-2001 by L.L. No. 1-2001]

Interfere with the vision of any driver entering or leaving the property where the sign is located; or

Interfere with visibility of any driver at any intersection or traffic light.

All illumination must comply with § 77-9E.

Awning, canopies and marquees:

Must comply with all setback requirements set forth in Chapter 98, Zoning; and

Must comply with § 77-10B(2)(a)[1][a], [b], [c], [d] and [f], as well as with § 77-10B(2)(a), [2], [a], [b], [c] and [e].

[Amended 2-20-2001 by L.L. No. 1-2001]

§ 77-12 Additional construction requirements.

Design, construction, erection, relocation and maintenance of all items covered by this chapter shall conform to the State Uniform Fire Prevention and Building Code and all other applicable codes and ordinances.

§ 77-13 Temporary signs, displays, lights and decorations on public property.

A permit is required to erect temporary signs, displays, lights or decorations on public property, outside any building on public property, or on any tree, pole or other structure located on public property.

A permit to erect and maintain temporary signs, displays, lights and decorations on public property may be issued only to:

Municipal, charitable, political and not-for-profit organizations.

Businesses that are announcing their grand opening or change of ownership.

Such a permit will be valid for 30 days, except that a permit for political campaign posters shall be granted only for a period of three weeks prior to a primary, special or general election.

The Village Administrator will issue a permit for such temporary signs, displays, lights or decorations, provided that:

The person, persons or organization requesting such permit posts with the Village a bond or cash in an amount of up to $250.

The Village Administrator shall fix the amount of the bond or cash deposit, which amount will be based upon the number of items to be erected, their size, type, method of attachment and any other factors which may affect the cost of removal of such items from public property.

This bond or cash will be refunded if all temporary signs, displays, lights and decorations are removed from public, Property within seven days of the expiration of the permit. If all the temporary signs, displays, lights and decorations are not removed within such seven days, the bond or cash shall be forfeited to the Village.

Police Department and Street Department personnel may remove any signs, displays, lights and decorations violating the provisions of this section.

§ 77-14 Nonconforming and unlicensed signs, awnings, canopies, marquees and barber poles.

[Amended 12-21-1999 by L.L. No. 2-1999; 2-20-2001 by L.L. No. 1-2001]

Any licensed sign, awning, canopy, marquee or barber pole which exists on the effective date of this chapter or any such amendment thereto and which conforms to previous laws, but does not conform to the current laws, shall be a legally nonconforming item and shall be allowed to remain for no more than 10 years from the date of the issuance of the license. Such an item may remain until the expiration of its valid license, and if the item's license is renewed pursuant to § 77-8, the item may remain for one renewal period of five years.

Any unlicensed existing sign that requires a license as well as any existing unlicensed awning, canopy, marquee or barber pole conforming to this chapter on the effective date of this chapter or any amendment thereto may remain, provided that a license for the item is issued by March 1, 2002. Otherwise, such signs, awnings, canopies, marquees and barber poles shall automatically become illegal and subject to the provisions of Subsection C of this section.

Existing unlicensed signs that require a license as well as any existing unlicensed awnings, canopies, marquees or barber poles that did not conform to this chapter on December 25, 1998, shall be termed illegal. Such illegal items must be conformed to and licensed pursuant to this chapter not later than March 1, 2002. Otherwise, the owner of the premises and the owner of the business displaying the item shall be responsible for having the illegal items removed not later than April 1, 2002.

All interior signs, signs affixed to windows and exempt from the license requirement, and temporary exterior signs that exist on the effective date of this Chapter or any such amendment thereto and do not conform to the current ordinances shall be termed illegal. Such illegal items must be removed or conformed to this chapter within 30 days after the effective date of this chapter.

§ 77-15 Appeals.

An applicant may appeal to the Village Board of Trustees to reverse an improper application of the law of this chapter:

When the Architectural Review Board disapproves or refuses to take action on an application for a permit or license pursuant to this chapter; or

When the Building Inspector or any other Village employee or designee either takes negative action or refuses to take action on an application for a permit or license pursuant to this chapter.

[Amended 5-6-2014 by L.L. No. 3-2014]

In order to make such an appeal, the applicant must file a notice of appeal with the Village Clerk within 30 days of the date of the negative ruling or refusal to act.

§ 77-16 Variances.

The Village Board of Trustees may grant a variance to the laws of this chapter when the Architectural Review Board recommends that the architecture of a building is so distinctive that granting such a variance is necessary to enhance the appearance of the subject building and that granting such a variance is not detrimental to the neighborhood.

§ 77-17 Enforcement.

[Amended 5-6-2014 by L.L. No. 3-2014]

Enforcement of this chapter shall be the duty of the Architectural Review Board, the Building Inspector and any other designees duly authorized by the Village Board of Trustees.

§ 77-18 Penalties for offenses.

Any neglect, failure or refusal to comply with any provision of this chapter shall be deemed a violation thereof.

Anyone, including but not limited to the owner of the premises, the holder of a permit, the licensee, the license applicant and any successor owner of a business continuing the use or display of an item controlled by this chapter, who commits or is an accessory to the commission of a violation of this chapter, shall be subject to:

[Amended 5-6-2014 by L.L. No. 3-2014]

For the first offense: a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both.

For a conviction of a second offense both of which were committed within a period of five years: a fine of not less than $250 nor more than $500 or imprisonment for a period not to exceed 15 days, or both.