[HISTORY: Adopted by the Town Board of the Town of East Fishkill 6-23-2011 by L.L. No.
6-2011. Amendments noted where applicable.]
A.
The purpose of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed on-premises
and off-premises signs and signs of all types within the Town of East
Fishkill. This chapter is intended to protect property values, create
a more attractive economic and business climate, enhance and protect
the physical appearance of the community and preserve the scenic and
natural beauty of the Town.
B.
It is further intended to reduce distractions and obstructions that
may adversely affect traffic safety, reduce hazards that may be caused
by signs overhanging or projecting over public rights-of-way, provide
more visual open space and maintain the generally high level of the
community's appearance and attractiveness.
C.
This chapter is intended to promote attractive signs that clearly
present the visual message in a manner that is compatible with their
surroundings and to ensure that signs aid orientation and adequately
identify uses and activities to the public. The appearance, character
and quality of a community are affected by the location, size, construction
and graphic design of its signs. Therefore, such signs should convey
their messages clearly and simply to be compatible with their surroundings
and to ensure that signs aid orientation and adequately identify uses
and activities to the public. The appearance, character and quality
of a community are affected by the location, size, construction and
graphic design of its signs.
D.
Nothing contained in this chapter changes the fact that it is currently
illegal to post signs in state, county or Town road rights-of-way.
This chapter does not and cannot change that.
A.
A sign, as defined in this chapter, may be placed, erected, constructed,
painted, altered, relocated, enlarged, reconstructed, displayed, lit
or maintained only as expressly permitted in this chapter and only
after issuance of a sign permit, where required, by a Zoning Administrator
or any duly appointed deputy administrator.
B.
The Zoning Administrator or any duly appointed deputy administrator,
within a reasonable time of the receipt of the application for a sign
permit, shall consider the application and shall approve, approve
with conditions, or deny the application.
Any person desiring to procure a permit for a sign shall file
with the Building Department an application form, copies of which
are available from the Building Department, accompanied by an application
fee, payable to the Town of East Fishkill, in accordance with the
current fee schedule.
A.
The application shall contain:
(1)
Name, address and telephone number of the applicant and property
owner.
(2)
Location of the building, structure or land upon which the sign now
exists or is to be erected and the location on the property where
the sign is to be erected.
(3)
For permanent signs, a scaled drawing of the sign showing:
(a)
Type of sign, shape, size and materials.
(b)
Graphic design, including pictorial matter, letters, materials
and colors.
(c)
The visual message, text, copy or content of the sign.
(d)
The method of illumination, if any, including type of lamp and
wattage, and the position of lighting.
(e)
Landscaping, if any, including types of vegetation, location
of plantings, and planting and maintenance schedule.
(4)
If a new permanent sign is to erected, or an existing permanent sign
is to be altered in size or elevation, a plan, drawn to scale, shall
be submitted showing the following:
(a)
If a freestanding sign, a full description of the placement
of the proposed sign, specifying its location on the premises, its
orientation and its position in relation to adjacent building, structures,
roads, driveways, property lines, other signs, lighting fixtures,
wall and fences.
(b)
If an awning, window, wall or projecting signs, a full description
of the placement of the proposed sign, which shall include the location
on the awning, window, wall or building; the size of awning, total
window area of the principal facade of the building, and projection
from the building if relevant; and the proposed sign's position
in relation to adjacent signs and lighting fixtures.
(5)
For all signs, if the applicant is not the owner of the property
on which the sign is to be located, written permission from the property
owner to place the sign on the property.
B.
Planning Board review and recommendation. As part of its overall review of applications within its jurisdiction under the Code of the Town of East Fishkill, including but not limited to site plan, subdivision and special use permit applications, the Planning Board shall review the proposed signage for a project, including the proposed master sign plan, if required. The Planning Board shall make a recommendation to the Zoning Administrator with respect to proposed signs, and it will make a determination with respect to a proposed master sign plan. No sign permit shall be issued by the Zoning Administrator or any duly appointed deputy administrator until a recommendation has been received. Where a master sign plan is required pursuant to § 153-3A, the Planning Board shall make a determination regarding the master sign plan as part of the site plan approval. Once a master sign plan has been issued, only signs which conform to the master sign plan may be issued a permit by the Zoning Administrator or any duly appointed deputy administrator. If a master sign plan is required, no sign permit shall be issued until a master sign plan has been approved by the Planning Board.
C.
Time limit. If a sign is not erected within six months following
the issuance of a sign permit for said sign, the sign permit will
automatically become void.
D.
Any sign requiring a permit which is removed for a period of more than 30 days cannot be reerected unless a new sign permit application is submitted and a new permit is issued in accordance with to § 153-3A. This subsection shall apply regardless of when the sign which was removed was originally erected and regardless of whether said removed sign was the subject of a validly issued sign permit.
[Added 4-27-2017 by L.L.
No. 1-2017]
A.
The permit
issuing authority shall be an official designated by the Town Board
and be both the Zoning Administrator and the Town Planner.
B.
With
respect to any site plan before the Planning Board, the Planning Board
may grant sign approvals as part of its site plan approval.
C.
When
a matter is before the Architectural Review Council for approval,
part of the approval may include sign approval in accordance with
this chapter.
[Added 4-27-2017 by L.L.
No. 1-2017]
A.
Sign
Review Board. There is hereby created a Sign Review Board to consist
of three members. One member will be designated by the Architectural
Review Council, and two members will be designated by the Town Board.
The members shall serve until a successor is chosen.
B.
Referral.
Whenever the Permit Authority deems it appropriate, a sign application
will be referred to the Sign Review Board for consideration.
D.
Authority.
The Sign Review Board may authorize the issuance of a sign permit
in accordance with this chapter.
E.
Variances.
The Sign Review Board is authorized to allow signs greater than or
in excess of the provisions of this chapter, but never greater than
100% more than the dimensional limits herein after considering the
following:
(1)
In
existing plazas and buildings after considering the other signs in
the plaza, shapes and locations thereof;
(2)
The
shape and style of the structure upon which it is to be placed;
(3)
Whether
there is frontage on more than one public road;
(4)
Such
other architectural, terrain and unique circumstances or issues pertaining
to a particular property.
[Added 4-27-2017 by L.L.
No. 1-2017]
Upon approval by the Sign Review Board, the Permit Authority
shall issue a sign permit in accordance therewith.
The following signs are exempt from the permit requirements
of this chapter. Unless otherwise limited below, such exempt sign
shall not exceed six feet in height and shall not exceed four square
feet in sign area per side. Each exempt sign must comply with all
other provisions of this chapter.
A.
No permit is required for a political campaign sign, provided that
it is displayed no more than 60 days before and removed within 10
days of Election Day or the event involved.
B.
No permit is required for banner or signs announcing a business grand
opening, provided such signs do not exceed three feet by 15 feet and
provided they are posted on the business itself or within 100 feet
and displayed for no more than 30 days.
C.
No permit is required for yard sales, flea markets or similar events,
provided that the signs are posted no more than 20 days before and
removed within five days after the event.
D.
All other signs in this section shall not exceed two feet by three
feet in size except grand opening banners on the property, which shall
not exceed three feet by 15 feet.
E.
Memorial signs or tablets denoting names of buildings and dates of
erection when cut into any masonry surface or when constructed of
bronze or other noncombustible materials.
F.
Nonilluminated secondary window signs communicating accessory information
such as hours of operation and totaling no more than one square foot
in size.
G.
Temporary nonilluminated window signs when such signs are used to
advertise special sales, grand openings and when such signs measured
together with all permitted window coverage bring the total window
coverage to no more than 25% of the window surface. Such signs shall
be removed within 24 hours of the advertised sale or grand opening.
H.
Nonilluminated real estate "for sale" or "for rent" signs used for
the purposes of selling or leasing land or buildings for which subdivision
approval is not required, and displayed on the premises for sale or
lease, provided such sign is located on the front wall of a building
or, if freestanding, does not exceed six feet in height and is located
not nearer than 15 feet to the edge of the road or side lot line.
All such signs shall not exceed four square feet in sign area per
side, shall be limited to one per premises, and shall be removed immediately
upon sale or lease of the premises.
I.
Traffic or other municipal signs, legal notices, railroad crossing
signs, "danger" and similar temporary emergency signs; signs which
are solely devoted to prohibiting trespassing, hunting or fishing;
the sign banner or insignia of any political, education, charitable,
philanthropic, civic, professional, religious or like campaign, drive,
movement, or event; the sign, poster, flag, pennant or sign or insignia
of any government; signs promoting a candidate or issue for an election;
and noncommercial signs.
J.
Signs which face a wholly internal pedestrian courtyard forming a
distinct component of an integrated retail, office or business center,
which signs are not visible from any road or parking areas.
K.
All signs required by Town, county, state or federal regulations,
statutes or local laws.
L.
Weekend directional sign. A sign erected to direct motorists to subdivisions
located within the boundaries of the Town of East Fishkill for the
purposes of advertising lots or dwellings for sale. Weekend directional
signs shall be allowed between the hours of 12:00 noon on Fridays
and 8:00 p.m. on Sundays.
M.
Garage sales. If posted no more than seven days prior to the sale
as stated in the sign and removed within 24 hours after the sale.
All signs not specifically permitted are prohibited. Prohibited
signs include but are not limited to:
A.
Signs shall not be attached to fences, trees or utility poles on
private property or in any public right-of-way, and such signs shall
not be placed in a position that will obstruct or impair sight distance
or traffic, or in any manner that creates a hazard to health, safety,
and welfare of the general public.
B.
Off-premises signs, including billboards.
C.
Obsolete or abandoned signs which promote a business which no longer
exists, promote a product that is no longer sold on the premises on
which the sign is located, or promote a dated event, the date of which
has passed.
D.
Roof signs.
E.
Portable signs, except for temporary signs that have been issued
a permit.
F.
Signs with flashing, blinking or moving lights shall be prohibited.
[Amended 4-27-2017 by L.L. No. 1-2017]
G.
Mounted or portable search lighting used to project moving or stationary
overhead light beams.
H.
Signs that contain or consist of neon lighting.
I.
Permanent signs, other than those exempt under § 153-4, that contain or consist of banners, pennants, ribbons, balloons, streamers, spinners or similar moving or fluttering devices.
J.
Rotating signs, including all signs and devices that are not permanent
in their orientation.
K.
No pennants, balloons, ribbons, streamers, spinners or other similar
moving, fluttering or revolving devices shall be allowed.
L.
Signs and obstructions which may be confused with or obstruct the
view of any authorized traffic sign or signal, obstruct the sight
distance triangle at any street intersection or extend to the public
right-of-way.
M.
No business based signs on residential property unless work is being
performed at that time.
All signs of a temporary nature must receive permits before being displayed, except those specified under § 153-4, Exempt signs. Planning Board approval is not required, and the Zoning Administrator or any duly appointed deputy administrator shall issue or deny a sign permit within a reasonable period of time. Both the permit and the sign shall note the date of the first day the sign may be displayed and the date it must be removed. If any temporary sign is not removed by the expiration of the time limit noted on the application, the Zoning Administrator or any duly appointed deputy administrator, after seven days' (computed from the date of the mailing) written notice to the permit holder to remove such sign(s), will cause said signs to be removed.
A.
Temporary signs for commercial activity or events.
(1)
Commercial activity or event temporary signs shall be limited to
six events per year.
(2)
Commercial activity or event temporary signs must be on the premises
of the business and must have the landlord's written consent.
(3)
Only one temporary sign shall be on a premises at any given time.
(4)
No temporary sign can obstruct any site distances, and must be within
a landscaped area.
(5)
Permit required. Any business owner who desires to have temporary
signs must obtain a permit from the Zoning Administrators. The information
required:
B.
Temporary signs for nonprofit organizations and homeowners. These
temporary signs are allowed 14 days prior to the event and must be
removed within 48 hours after the event. All such signs must be on
private property. Temporary signs are allowed for:
(1)
Activities or events. Temporary signs shall be permitted for a period
not exceeding 14 days prior to the activity or event nor exceeding
one day after the activity or event. Such signs shall not exceed 16
square feet (eight square feet per side) in area in nonresidential
districts nor 8 square feet (four square feet per side) in residential
districts and must be on private property with the owner's consent.
(2)
Temporary real estate signs. Temporary real estate signs are permitted
for each subdivision receiving final plat approval by the Planning
Board.
(a)
One such sign may be located on each side of the property which
has frontage on a Town, county or state highway or street on which
the subdivision fronts. Upon written application of the subdivider,
the Zoning Administrator or a duly appointed deputy administrator
may extend this period for one additional year when the Zoning Administrator
or a duly appointed deputy administrator deems that circumstances
warrant such extension. The subdivider shall post a bond, payable
to the Town of East Fishkill, in accordance with the current fee schedule,
as a reasonable condition for removal.
(b)
Each such sign shall not exceed six feet in height, and shall
not be located nearer than 15 feet to any road or lot line or any
building, unless attached directly to said building. The total sign
area of each sign shall not exceed 32 square feet (16 feet per side).
In reviewing sign criteria, the Zoning Administrator or a duly
appointed deputy administrator shall determine that the sign will
meet the following criteria:
A.
General criteria.
(1)
Signs should be a subordinate part of the streetscape.
(2)
Signs in a particular area or district should create a unifying element
and exhibit visual continuity.
(3)
Whenever feasible, multiple signs should be combined into one to
avoid clutter.
(4)
Signs should be as close to the ground as practical, consistent with
legibility considerations.
(5)
A sign's design should be compatible with the architectural
character of the building on which it is placed and not cover any
architectural features on the building.
(6)
To the extent possible, adjacent signs on the same or adjoining buildings
should be placed within the same horizontal band and be of reasonably
harmonious materials and colors.
B.
General rules by sign type.
(1)
Awning signs. Awning graphics may be painted or affixed flat to the
surface of the valance and shall indicate only the name and/or address
of the enterprise or premises. Awning signs shall not be internally
illuminated.
(2)
Freestanding signs. No more than one freestanding sign may be located
on a lot.
(3)
Projecting signs. Projecting signs may not extend above the height
of the roofline and shall have no more than two faces. They shall
be securely anchored and shall not swing or move in any manner.
(4)
Wall signs. The visible edge or border of a wall sign may extend
up to 12 inches from the face of the wall to which it is attached
and may not extend any distance beyond or above the building in any
direction.
(5)
Window signs. Permanent window signs must be painted on or attached
directly and permanently to the window. No more than 25% of the glass
may be covered by the lettering.
(6)
Signs shall be accessory uses and shall pertain to principal uses
on the same lot.
(7)
Where a building covers less than 200 square feet of lot area or
a use operated on a lot without a building, then one wall sign or
freestanding sign shall be permitted, not to exceed one square foot
for every four linear feet of public right-of-way frontage or 24 square
feet, whichever area is the lesser. The location of such signs shall
be restricted to the lot area outside of all required front, side
and rear yard areas.
(8)
No sign shall be located within a public right-of-way or project
horizontally into a public right-of-way except traffic signs or other
governmental or neighborhood signs necessary to the public health,
safety and welfare.
(9)
No sign shall have or consist of any moving, rotating or otherwise
animated part or, when permitted to be illuminated, any flashing,
blinking, change of intensity or color, fluctuating or otherwise animated
light, with the exception of time and temperature information.
(10)
In all commercial zoning districts, where a building is divided
by party walls or permanent partitions into separate and distinct
business areas and each such area is occupied by a different tenant,
the site shall be subject to a master sign plan, approved by the Planning
Board, as part of the site development plan.
C.
Specific criteria.
(1)
All signs, with the exception of window signs, shall be constructed
of wood, metal or other durable material as approved by the Zoning
Administrator or a duly appointed deputy administrator.
(2)
The lettering on any sign may not exceed 75% of the sign area on
one side of the sign, with the exception of signs with no background.
The area for lettering shall be computed in accordance with the illustration
provided below:
 |
(3)
The Zoning Administrator or a duly appointed deputy administrator
may require that landscaping be used at the base of a freestanding
sign if such landscaping will make the sign more compatible with the
surrounding area. Required landscaping may include one or more of
the following types of vegetation: ivies, grasses, flowers, shrubs,
bushes and small trees.
A.
Abandoned signs. Any sign which once advertised a bona fide business
or product or service available for purchase by the public on the
premises, which no longer does, so shall be deemed abandoned and must
be removed within three days after cessation of the business or cessation
of the sale of the products or services from the premises. The Zoning
Administrator or a duly appointed deputy administrator shall give
written notice to the last owner of record of the real property where
the sign is located and the permit holder, if any, at the permit holder's
last known address of record, who shall, unless good cause is shown,
remove the sign within 30 days from the date of the written notice.
If the owner or permit holder takes no action within said time period,
The Zoning Administrator or a duly appointed deputy administrator
may cause the sign to be removed.
B.
Any sign existing on or after the effective date of this chapter,
which no longer identifies an existing business conducted or product
or service sold on premises, and which is not approved as part of
a valid site plan, shall be removed by the owner of the premises upon
which such sign is located. The Zoning Administrator or a duly appointed
deputy administrator, upon determining that such sign exists, shall
notify the owner of the premises, in writing, to remove said sign
within 30 days from the date of such notice. In the event that a lease
or contract between the owner of the land and the owner of the sign
exists on the date of the violation notice, the owner of the land
shall notify the owner of the sign of the notice of removal and direct
that the sign be removed. Failure to comply will result in the proper
legal action being taken by the Zoning Administrator or a duly appointed
deputy administrator.
C.
The Zoning Administrator or a duly appointed deputy administrator
may remove any sign which in his or her discretion is in violation
of this provision.
D.
Unsafe sign. The Zoning Administrator or a duly appointed deputy
administrator may cause any sign that is a source of immediate peril
to person or property to be removed immediately and without notice.
After such removal, the Zoning Administrator or a duly appointed deputy
administrator shall provide written notice that the sign was removed
because it was a source of immediate peril to person or property.
Such notice shall be provided by certified mail, return receipt requested,
to the owner of the sign at the last known address of record and the
owner of the land upon which the sign was erected at the last known
address of record.
E.
Recovery of cost of removal. At the sole discretion of the Town,
the reasonable and necessary costs incurred by the Town for removal
of any sign shall be charged against the real property from which
the sign was removed by adding that charge to, and making it a part
of, the next annual real property tax assessment roll of the Town.
Such charges shall be levied and collected at the same time and in
the same manner as Town-assessed taxes and shall be paid to the Town
Comptroller to be applied in reimbursing the fund from which the costs
of sign removal were paid. Prior to charging such assessments, the
owners of real property shall be provided written notice at their
last known address of record, by certified mail, return receipt requested,
of an opportunity to be heard and object before the Town Board to
the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
F.
Signs in public places and upon objects.
(1)
No person shall, in public places or upon public objects, paint,
mark, or write on or post or otherwise affix any sign to or upon any
sidewalk, crosswalk, curb, curbstone, street lamppost, hydrant, tree,
shrub, tree stake or guard, railroad trestle, electric light or power
or telephone or telegraph or trolley wire pole, or wire appurtenance
thereof, or upon any fixture of the fire alarm or police telegraph
system or upon a lighting system, bridge, drinking fountain, life
buoy, life preserver, board or other lifesaving equipment, street
sign or traffic sign or any other similar location.
(2)
Any sign found posted or otherwise affixed in any public place or
upon any public object contrary to the provisions of this section
must be removed within five days after notice of violation by the
Zoning Administrator or other duly authorized agents of the Town.
The person responsible for any such illegal posting shall be liable
for the cost incurred in the removal thereof or $100, whichever is
greater. The Zoning Administrator is authorized to effect the collection
of said cost.
(3)
It shall be presumed that the person or other legal entity named
on the handbill or sign, or for whose benefit the handbill or sign
will inure, placed such sign upon the public place or object unless
evidence clear and convincing is established to the contrary.
Any increase in size or change in the design, style, location,
materials, shape, height, or location of a nonconforming sign shall
not be permitted. Any nonconforming sign that is damaged or destroyed,
for a loss of 50% or more of its value, by fire or other casualty
shall not be restored, reconstructed or replaced except by a sign
that conforms to the requirements of this chapter.
A.
Unless compensation is provided pursuant to § 88 of the
Highway Law, any billboard, which is leased or rented for profit and
located in an area zoned other than industrial or manufacturing shall
be deemed a nonconforming sign. Pursuant to New York General Municipal
Law § 74-C(2), such billboards shall be removed upon written
notice sent to the owners of the property at their last known address
of record by certified mail, return receipt requested, and the permit
holder, if any, at the permit holder's last known address on record
by certified mail, return receipt requested, by the Zoning Administrator
or a duly appointed deputy administrator in accordance with the schedule
below. The years allowed shall run from the date of notice from the
Zoning Administrator or a duly appointed deputy administrator.
|
Fair Market Value on Date of Notice of Removal Requirement
|
Years Allowed
| |
|---|---|---|
|
Under $1,999
|
3
| |
|
$2,000 to $3,999
|
4
| |
|
$4,000 to $5,999
|
6
| |
|
$6,000 to $7,999
|
7
| |
|
$8,000 to $9,999
|
9
| |
|
$10,000 and over
|
10
|
B.
Upon the expiration of the amortization period, if the sign has not
been removed, the Zoning Administrator or a duly appointed deputy
administrator shall give written notice to the last owner of record
of the real property where the sign is located and the permit holder,
if any, at the permit holder's last known address of record,
that the sign must be removed within 30 days from the date of the
written notice. If the owner or permit holder takes no action within
said time period, the Zoning Administrator or a duly appointed deputy
administrator may cause the sign to be removed, and the cost of removal
may be recovered in accordance with this chapter.
Every sign that requires a permit as regulated by this section
shall have painted in a conspicuous place thereon, in legible letters
and numbers, the date of erection and the sign permit number. Temporary
signs shall additionally have noted thereon the date of the first
day the sign may be displayed and the date it must be removed.
All signs and components thereof shall be kept in good repair
and in safe, neat, clean and attractive condition.
All freestanding signs shall require site plan approval by the
Planning Board prior to installation.
In the event of a violation of any of the provisions of this
chapter, the Zoning Administrator or a duly appointed deputy administrator
shall give written or personal notice, specifying the violation to
the named owner of the sign and the owner of the land, to correct
said violation or to remove such sign. Correction of violation, by
change, repair or removal, etc. shall be performed within 15 days
from the date of the notice.
Any nonrigid material, such as fabric or flexible plastic,
that is supported by a frame that is attached to an exterior wall.
Any visual message on an awning.
Any off-premises sign which is leased or rented for profit.
A sign with the capacity of content change by means of manual
or remote input.
Any sign not attached to or part of any building but permanently
affixed, by any other means, to the ground. Included are monument
and post-and-arm signs.
The height of a freestanding sign shall be measured vertically
from the established average grade directly below the sign or entry
level of the building or structure, whichever is lower, to the highest
point of the sign, including support structures. Elevation added by
artificial beams, mounds or similar forms shall be excluded from the
calculation of average grade.
A sign lighted by or exposed to artificial lighting that
shines through a plastic or other translucent or transparent covering.
Neon signs are not permitted.
External light used to illuminate a sign.
A sign system used to create visual unity among the signs
within a site development plan area and to facilitate the compatibility
with surrounding establishments and structures. The plan shall include
specifications, including but not limited to the following: sign type,
style, height, colors, lettering or graphic style, materials, shape,
lighting and location on establishment.
A freestanding sign either with a base affixed to the ground
or mounted on short poles no greater than two feet high.
A sign containing copy which does not promote a business,
commodity, service or entertainment.
A sign of a size or type not permitted in the district in
which it is situated or which is improperly located or which is nonconforming
in any way.
A sign which promotes products, services or activities conducted,
sold or offered somewhere other than the same premises where the sign
is located.
A sign on its own trailer, wheels, or otherwise designed
to be moveable and not permanently affixed to the ground, a building,
structure or another sign. Included are signs displayed on parked
or moving vehicles or trailers or other motor vehicles where the primary
purpose of the vehicle is to promote a product, service, business
or other activity. This definition includes a vehicle hanging or displaying
a banner sign whose primary purpose is for advertising. This does
not apply to signs or lettering on buses, taxis or vehicles operating
during the normal course of business.
A freestanding sign comprised of a vertical post to which
a perpendicular arm is attached and from which the sign hangs.
A sign affixed to trees or other natural vegetation, rocks
or utility poles.
An establishment's principal sign, i.e. the sign which
identifies the business to a passerby.
The face of a building which contains the primary entrance
to the establishment.
A sign that is attached to a building wall or structure that
projects horizontally or at a right angle more than nine inches from
the face of the building. Such signs shall be securely anchored and
shall not swing or move in any manner.
A temporary sign advertising the sale, lease or rental of
a property or premises upon which it is located.
A sign erected on a roof or extending in height above the
main roofline of the building on which the sign is located.
A sign which communicates accessory information e.g. hours
of operation or different products sold.
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
from the property line.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter displaying an advertisement, announcement,
notice or name, and including any declaration, demonstration, display,
representation, illustration or insignia used to advertise or promote
the interest of any person or business or cause when such is placed
in view of the general public.
Includes all faces of a sign measured as follows:
When any sign is framed or outlined, all of the area of the
frame or outlines shall be included.
Sign measurement shall be based upon the entire area of the
sign with a single continuous perimeter enclosing the extreme limits
of the actual sign surface, not including structural supports, if
they are not used for advertising purposes.
The area of a sign consisting of an insignia or other device,
but without background, shall be calculated as the smallest possible
polygon or circle enclosing the insignia.
The area of a window sign consisting only of letters and symbols
affixed to or painted on glass shall be calculated as the smallest
possible polygon or circle enclosing all of the letters and symbols.
Any sign that is displayed only for a specified period of time as per § 153-6 and is not permanently mounted.
A sign that is painted on or attached directly to the outside
wall of a building, with the face of the sign parallel to the wall
and having a visible edge or border extending not more than nine inches
from the face of the wall.
A sign erected to direct motorists to subdivisions located
within the boundaries of the Town of East Fishkill for the purposes
of advertising lots or dwellings for sale.
A sign visible from a sidewalk, street or other public place,
affixed or painted on glass or other window material.
A.
Activities specified by the permit shall be undertaken pursuant to
any conditions of the permit and shall be completed according to any
schedule set forth in the permit. The approval authority may revoke
or suspend a permit if it finds that the applicant has not complied
with any of the conditions or limitations set forth in the permit.
B.
The Building Inspector or Zoning Administrator shall have the power
to direct a violator to cease violation of this chapter and, with
the consultation of the approval authority, satisfactorily restore
the affected area within a specified period of time. The exercise
of such power may be with or without the imposition of a fine.
C.
Any person who violates, disobeys or disregards any provision of
this chapter shall be liable to the people of the Town of East Fishkill
for a civil penalty not to exceed $3,000 for every such violation.
Each week's continuation of a condition violating this chapter
shall be deemed a separate violation. Each offense shall be a separate
and distinct offense, and, in the case of a continuing offense, each
week's continuance thereof shall be deemed a separate and distinct
offense.
D.
In addition to the above civil fine, any person who is found guilty
of violating any provision of this chapter shall be, pursuant to the
Penal Law, punishable by a fine of not less than: for a first offense,
$100; for a second offense, $200; and for a third offense, not more
than $1,000. For a fourth and each subsequent conviction, the violator
shall be guilty of a misdemeanor, punishable by a fine of not less
than $1,000 nor more than $2,000 or a term of imprisonment up to 15
days, or both. Each offense shall be a separate and distinct offense,
and, in the case of a continuing offense, each week's continuance
thereof shall be deemed a separate and distinct offense.
E.
In addition to the above civil and criminal penalties, the Town Board
and Building Inspector or Zoning Administrator, with the advice and
consent of the Town Attorney, shall have the right to seek equitable
relief to restrain and/or remedy.
