A.
While it is recognized that signs perform an important function in
identifying residential and commercial buildings, it is found necessary
to regulate their size, design and placement in order to protect pedestrians
and vehicular traffic from accidents, to preserve property values
and to prevent displays that are not in keeping with the desired character
of the Village.
C.
SIGN
Definition. As used in this article, the following terms shall have
the meanings indicated:
Any permanent or temporary structure or part thereof, or
any device attached, painted or represented, directly or indirectly,
on or within a structure, intended to attract the attention of those
outside in the public right-of-way, that displays or includes any
letter, word, insignia, flag, device or representation used as or
in the nature of an advertisement or announcement.
A.
The area of a sign shall include all lettering, wording, designs
and symbols, together with the background, whether open or enclosed,
on which they are displayed but not to include any supporting framework
and bracing that are incidental to the display.
B.
Where the sign consists of individual letters or symbols attached
to a building wall or window without a frame, the area shall be considered
to be that of the smallest rectangle or other recognized shape which
encompasses all of the letters and symbols.
C.
In computing square-foot area of a double-face sign, only one side
shall be considered, provided that both faces are identical. If one
side is larger than the other, then the larger side shall be used
to compute the square footage.
A.
Obstruction. No sign shall be located or arranged so that it interferes
with traffic through glare or blocking of sight lines of streets,
sidewalks or driveways or to conflict with a traffic control device
by color, location, shape or any other characteristic. No sign shall
violate the corner visibility restrictions of this chapter.
B.
Number of signs. Not more than one sign shall be permitted on any
residential property held in single or separate ownership or not more
than one business sign shall be permitted for any one nonresidential
use. If a property fronts on two or more streets, one sign may be
permitted on each frontage. The area of each sign on each street frontage
shall be computed separately. A building with multiple business tenants,
some of which front on the street and some of which do not, is an
exception to the one-sign-per-frontage rules. In such instances, the
storefront businesses on ground level shall be permitted the following
signs: one building name sign not to exceed 15 square feet. Other
business occupants are allowed one directory sign not to exceed four
square feet each.
C.
Size of signs. The total area of all parallel and projecting signs
for each establishment shall not exceed one square foot for each two
feet of length of the front building wall or length of that portion
of wall. The maximum size of any sign shall not exceed 50 square feet.
D.
Zoning information. No sign shall be erected containing information
which states or implies that a property may be used for any purpose
not permitted under the provisions of this chapter in the zoning district
in which the property is located to which the sign relates.
E.
Permit required. All permanent signs over two square feet in area shall require the issuance of a permit before erection, construction or alteration, in accordance with § 120-44 of this article. All signs must comply with all other regulations regardless of whether a permit is required.
F.
No sign or portion of any sign shall project into or over a street.
G.
No overhanging, projecting or freestanding signs shall be less than
nine feet from the bottom of the sign to the walkway, and signs shall
not be more than 16 feet above the ground level to the top of the
face of the sign.
H.
All valid nonconforming signs and all signs granted a sign permit
prior to the adoption of this chapter (except illegal signs) may be
continued for three years, then have to conform or be removed.
I.
All permanent signs regulated by this article shall be issued with
a document with an identification number furnished by the Building
Inspector.
J.
All temporary signs shall be marked by a sticker furnished by the
Building Inspector.
(1)
Permits for temporary signs may be issued by the Village Board for
a period of 14 days. Such permits are renewable, under special circumstances,
for an additional 14 days. There will be a penalty determined by the
Village Board for each day said sign is not removed.
(2)
All temporary signs must be removed within 48 hours after the expiration
of the permit.
(3)
Any temporary sign which does not comply with this article may be
removed by the Building Inspector, at the expense of the owner, seven
days following notification to the owner, by registered mail, of this
condition. If the owner cannot be determined, such sign may be removed
immediately. Removed signs shall be stored in the Department of Public
Works. The Village will not be responsible for the condition of such
signs, and these shall be disposed of unless claimed within 30 days.
(4)
No more than six temporary sign permits will be issued to an applicant
within a twelve-month period for signs to be displayed for a particular
activity or commercial enterprise. There will be a penalty determined
by the Village Board for each day said sign is not removed.
K.
Permits dependent on special permits or approval shall not be granted
until such special permits have been recommended by the Sign Advisory
Board and the Building Inspector.
L.
Unless otherwise waived by the Building Inspector, all signs for
which a permit is required shall be subject to a site inspection to
assure that the sign has been safely constructed as per plan.
N.
Maintenance of signs:
(1)
It shall be the responsibility of the property owner to ensure that
all signs placed on his property are installed in compliance with
the article, that said signs are maintained in a safe and presentable
condition and that signs representing establishments no longer on
the premises are removed within 30 days from the date that the establishment
ceases to do business on the property.
(2)
If the Building Inspector determines that any sign is or has become
dangerous or unsafe in any manner whatsoever, if the condition of
such sign has deteriorated to the point of becoming unacceptable or
if any sign has been erected hereafter contrary to the provisions
of this article, it shall be repaired, made safe, made acceptable
or brought into conformity with this article, or it shall be taken
down and removed. The responsible party shall be responsible for the
accomplishment of such corrective action.
O.
Where official and public service signs give notice of a hazard and
display a warning, such signs may be directly or indirectly illuminated.
P.
No sign or its supporting structure shall be allowed above the roofline
of any building.
Q.
Restaurant and retail food shops may post a sample menu at or near
the public entrance to the building in addition to the sign permitted
by this article. Places of public entertainment may post a single
playbill showing current or coming attractions.
R.
If any business establishment has its visibility obstructed or limited
from the public right-of-way, an additional sign not exceeding four
square feet may be erected at the property line and not to obstruct
pedestrian or vehicular traffic.
A.
Advertising signs are off-premises signs which advertise or otherwise
direct attention to a commodity, business, industry, home occupation
or other similar activity which is sold, offered or conducted elsewhere
than on the lot upon which the sign is located.
B.
A business sign is an on-premises sign which directs attention to
a business, home occupation, commodity, service, industry or other
activity which is sold, offered or conducted, other than incidentally,
on the lot upon which such sign is located or is affixed.
C.
Informational signs are signs indicating the availability of parking,
business hours, rest rooms, telephones or similar facilities of public
convenience or signs erected or installed by officially recognized
organizations which note the historical significance of a building
or area. No permit fee shall be required for the erection or installation
of these signs. The total combined area of each such sign shall not
exceed four square feet.
D.
Freestanding signs. A freestanding sign is a permanent self-supporting
sign not attached to a building or other structure. The height of
freestanding signs shall be measured from the nearest curb level.
No portion of a new freestanding sign, except sandwich signs, shall
be located closer than six feet from the inside edge of the pavement
(the furthest edge from the curb) and five feet from any projecting
plane of the building. If this requirement cannot be met, then freestanding
signs shall not be permitted on such property. Freestanding sandwich
signs can only be situated in the apron area, if such exists, or on
private property, but may not obstruct the normal flow of pedestrian
or vehicular traffic; one sandwich sign per business.
E.
Overhanging signs. An overhanging sign is one that is suspended from
a support which projects from a structure building, pole or standard.
The height of overhanging signs shall be measured from the nearest
curb level.
F.
A parallel sign is a sign mounted parallel to a wall or other vertical
building surface. Parallel signs shall not extend beyond the edge
of any wall or other surface to which they are mounted or shall not
project more than eight inches from its surface.
G.
A projecting sign is any sign mounted to a wall or other vertical
building surface other than a parallel sign. Projecting signs shall
not project more than five feet from the wall or surface and no lower
than nine feet from the bottom of the sign to ground level or walkway,
whichever is highest or directly under the sign, to which they are
mounted nor in any way interfere with normal pedestrian or vehicular
traffic.
H.
A nonstationary sign is a sign which changes its position by rotating
around an axis (barber pole, wind sock, whirligigs).
I.
Real estate signs are signs used to advertise the sale or rental
of the premises upon which the sign has been erected; signs erected
in conjunction with the development or proposed development of the
premises by a builder, contractor, developer or other person interested
in the sale or development. Such signs shall be removed within 20
days after closing of sale and or rental of property.
J.
Temporary signs of contractors, architects and mechanics. Not more
than one sign, no larger than 24 inches by 30 inches in size, for
each such business on the job shall be placed on any one property
on which work is being performed, unless such property fronts upon
more than one street, in which case, each business may erect one sign
on each street frontage. Signs shall be removed promptly upon completion
of the work.
K.
Trespassing or access signs. Signs used to indicate the private nature
or purpose of a road, driveway or premises or signs to prohibit or
control fishing or hunting or dumping shall not exceed two square
feet. No permit is required.
L.
Identification signs are signs for schools, churches, hospitals,
institutions, public or private recreation areas, shopping centers
or industrial parks, clubs or other similar uses.
M.
Residential name signs are signs indicating the name of the occupant
of a dwelling.
N.
Accessory use signs.
(1)
Business accessory use signs indicate the profession or activity
of the occupant of a business or commercial dwelling.
(2)
Home occupation signs indicate the profession or activity of the
occupant of a residential dwelling.
(3)
Where name signs and accessory use signs are used in combination,
the total sign shall not exceed two square feet.
O.
Temporary signs advertising political parties or candidates for election
are permitted with the following provisions:
(1)
The size of any such sign is not in excess of four square feet.
(2)
The erector of such signs, or an authorized agent of the political
party or candidate, applies for and obtains a permit from the Building
Inspector and deposits with the Village, at the time of application,
the required fee as a guaranty that all signs will be removed promptly
within 20 days after the date of the election to which they relate.
If such signs are not removed at the end of 30 days, the Village shall
have them removed and keep the full sum deposited for general Village
purposes to reimburse the expense incurred.
(3)
The Building Inspector will accept all complete applications for
temporary signs advertising political parties or candidates and grant
or deny the application, as may be appropriate, within five business
days, or such application will be deemed granted.
[Added 2-24-2003 by L.L. No. 1-2003]
P.
Sandwich signs attendant to restaurants and bars are signs which
are not fixed to a permanent supporting structure or building and
are displayed during business hours and do not exceed eight square
feet on each side, or not to exceed two feet in width and four feet
in height.
Q.
Temporary special event signs and banners are temporary signs directing
persons to temporary exhibits, shows, events or sales. These signs
shall not be posted earlier than four weeks before the occurrence
of the event to which they relate and must be removed within seven
days after the date of the event. These signs shall be nonilluminated.
R.
Special promotional devices. Signs or displays, such as floodlights,
banners, pennants, etc., which are not readily measurable for the
purpose of determining compliance with the size limitations for signs
contained in this article, shall be permitted only with the approval
of Building Inspector and Sign Advisory Board; however, an actual
permit is required, but no fee is required for these displays. They
must be removed within a fourteen-day period.
S.
Sign illumination.
(1)
A directly illuminated sign is a sign designed to give forth artificial
light directly or through translucent material from a source of light
within the sign.
(2)
An indirectly illuminated sign is a sign illuminated from an outside
or inside source such that no direct rays are visible elsewhere on
the lot where the illumination occurs.
(3)
A nonilluminated sign is a sign which is not illuminated either directly
or indirectly.
T.
Residential development signs are permanent signs which are placed
at the entrance to a residential development, the body of which does
not exceed 12 square feet and does not exceed five feet in height.
They must either be maintained by a homeowners' association or
by the owner of the property on which the sign is situated.
U.
Shopping center or industrial park signs.
(1)
Such signs are located on the premises where such use is conducted
or in the process of development and shall only identify the center
or industrial park.
(2)
Not more than one sign shall be placed on any separate ownership,
unless such premises fronts upon more than one street, in which event
one such sign may be erected on each frontage, but only as a corner
sign.
(3)
The area on any one side of a sign shall not exceed 50 square feet,
and the total area for all sides shall not exceed 100 square feet.
(4)
The location of such sign and the name of the shopping center or
industrial park to be identified by such sign shall be designated
on the required development plan.
V.
Window signs are not to exceed more than 50% of the glass viewing
area.
The following signs shall be prohibited in the Village, and
existing uses as of the effective date of this chapter shall be considered
nonconforming:
A.
Flashing signs, moving or animated signs (bars and restaurants exempt)
and vehicular signs are not permitted in any district. Such signs
existing at the date of passage of this article may continue in use
for a maximum period of three years after which they shall be removed,
or a penalty will be issued until removed.
B.
Any nonconforming sign legally erected prior to the date of enactment
of this article may continue to be maintained for a period of three
years from the date of enactment but shall not be enlarged, reworded,
redesigned or altered in any way during that period unless it is brought
into conformity with the article. At the expiration of the three-year
period, all nonconforming signs must be made conforming or be removed.
The exemption herein granted shall terminate with respect to any sign
which:
(1)
Shall have been abandoned;
(2)
Advertises or calls attention to any products, business or activities
which are no longer carried on or sold, whether generally or at the
particular premises; or
(3)
Shall not have been repaired or properly maintained within 60
days after notice to that effect has been given by the Building Inspector.
C.
Vehicular signs. A sign affixed to a vehicle that remains primarily
stationary for the purpose of advertising.
D.
Moving or animated signs. A sign which is designed to align itself
with the wind for structural reasons shall not be considered a moving
sign.
E.
Flashing and other signs such as signs illuminated by any other sources
or including any flashing, oscillating or rotating lights, strings
of lights, pennants, banners, beacons or so-called "whirligigs" and
the like.
F.
Signs that might be confused with traffic signs or lights.
G.
Trailer signs or signs that are mounted on vehicles or other movable
devices or objects.
I.
Advertising signs tacked, posted, painted or otherwise attached to
poles, posts, trees, sidewalks, curbs, rocks, radio, television or
water towers, lighting structures or other similar poles or structures.
A.
Permit required. Except as otherwise set forth in this article, it
shall be unlawful to erect, construct or alter any sign in the Village
of Greenwood Lake without first filing with the Building Inspector
of the Village an application in writing and obtaining a formal permit.
Normal sign maintenance shall not require a permit.
B.
Application form. An application for a permit for the erection, construction
or alteration of a sign in Greenwood Lake shall be submitted on a
form prescribed by the Village of Greenwood Lake. The application
shall contain the full names and addresses of the applicant, the owner
of the premises where a sign is to be erected, constructed or altered
and the person or firm engaged to erect, construct or alter the sign.
The application shall contain the affidavits of the owner of the premises
authorizing the application and a description of the work to be completed.
C.
Plans to accompany application. Applications for permits for the
erection, construction or alteration of signs shall be accompanied
by drawings of the proposed work showing the structural details of
the sign and other details the Building Inspector may require (i.e.,
color, size, type of materials and photo of abutting buildings).
D.
Fees. Except as otherwise set forth in this article, all applicants for permits for the erection, construction or alteration of signs shall, at the time of making such application, pay a fee to the Clerk in the Village of Greenwood Lake, in accordance with the effective fee schedule adopted by resolution of the Village of Greenwood Lake, except as provided in §§ 120-42 and 120-43.
F.
For the purposes of this chapter, the simple relettering or repainting
of a sign, that was erected pursuant to a valid permit in accordance
with this chapter, and which relettering or repainting does not involve
any modification or change in physical dimensions of the sign, will
not be deemed an alteration of the sign.
[Added 2-24-2003 by L.L. No. 1-2003]
Any appeal hereunder to the Board of Appeals shall be made within
30 days from the date of the order or decision which is being appealed
by filing a notice of appeal, specifying the grounds thereof, with
the Village Clerk, who shall forthwith transmit copies thereof to
such officers or board whose order or decision is being appealed and
to the Board of Appeals. Such officers or board shall forthwith transmit
to the Board of Appeals all documents and papers constituting the
record of the case in which the appeal is taken.
