Village of Wappingers Falls, NY Article VII Signs

§ 151-47 Purpose and intent.

A. The purpose of this article is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this article is intended to protect property values; protect and improve the local economy and quality of life by enhancing the appearance of the Village; encourage signs as an effective means of communication while preventing visual clutter that will detract from the aesthetic appeal of the Village; maintain and enhance the Village's appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs; preserve the significant historic character of the Village; restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions or obstructions for pedestrians or drivers; provide clear and unambiguous sign standards that enable fair and consistent enforcement; and ensure that the constitutionally guaranteed right of free speech is protected.

B. It is the intent of the Village to comply with all applicable laws, statutes, regulations, and federal and state court decisions regarding the regulation of signs, and not to engage in any form of content-based regulation of sign messages prohibited by federal or state constitutions, statutes, or court decisions.

§ 151-48 Substitution.

Anything in this article to the contrary notwithstanding, any sign permitted by this article may display a noncommercial message and all signs bearing a noncommercial message are deemed to be on-premises signs.

§ 151-49 Applicability.

No sign shall be erected, placed, affixed, constructed, altered, relocated, replaced, enlarged, modified, or reconstructed in any zoning district except in accordance with the provisions stated herein.

§ 151-50 Sign permit required.

Except as otherwise stated herein, all signs require Planning Board approval and issuance of a sign permit from the Code Enforcement Officer: No permit shall be issued until the Code Enforcement Officer determines that such sign is in accordance with the requirements contained in this article and will not violate any building, electrical or other applicable code of the Village of Wappingers Falls. This subsection shall not be construed to require a permit for the repainting, cleaning, and other routine maintenance or repair of a sign for which a permit has previously been issued, provided the sign is not altered in any way.

§ 151-51 General provisions.

A. Placement and design. Signs within the Village shall comply with the following general placement and design criteria:

(1) All signs shall have a harmonious relationship to the building to which they relate and the architectural and historic character of Village in terms of size, shape, materials, color, texture, lighting and the like.

(2) Signs shall not cover or obscure architectural details.

(3) Signs shall be placed so as to be sensitive to signage of adjacent businesses.

(4) Whenever feasible, multiple signs should be combined into one to avoid clutter.

(5) Colors shall be used with restraint and excessive brightness shall be avoided.

B. Sign materials.

(1) Permanent signs shall be constructed of sturdy, durable materials such as wood, metal, plastic or composite, and other similar materials. Sign structures shall be constructed of durable materials such as wood, concrete, metal, brick, or other similar materials. Interior-grade wood, unfaced plywood, unfinished wood, cardboard, Styrofoam, and similar materials are not permitted for permanent signs or sign structures.

(2) Paper, cardboard, and similar materials subject to rapid deterioration shall be limited to temporary signs.

(3) Fabric materials shall be limited to awnings, banner signs, and flags.

C. Sign illumination.

(1) In all districts except the CMU District, internally illuminated, backlit, and neon/LED tube signs are prohibited. Any sign that is permitted to be illuminated shall only be externally illuminated, with the lighting fixtures mounted on top of or above the sign and directed downward. The light source shall be fully shielded as required by § 151-46 to prevent sky glow, and shall be directed at the sign in such a manner as to prevent the casting of glare or direct light upon roadways and surrounding properties, and the distraction of motor vehicle operators or pedestrians in the public right-of-way.

(2) In the CMU District, only the following internally illuminated signs are permitted:

(a) Wall signs and freestanding signs are permitted channel lit letters that are internally illuminated and/or backlit, including standard lit letters, reverse or "halo" lit letters, and front/backlit letters (a combination of standard lit and halo lit), as illustrated in Figure VII-1.

(b) Freestanding signs are additionally allowed internally illuminated cabinet signs where the light shines through translucent plastic panels. The background of the internally illuminated cabinet shall be completely opaque.

(c) Neon/LED tube signs, subject to § 151-54A(8) herein.

(3) In all other respects, sign lighting shall comply with § 151-46 of this chapter.

D. Computation of sign area.

(1) Generally. Sign area is calculated as the entire area within a continuous perimeter comprising all of the display area of the sign, including the sign frame, trim or molding by which the sign is enclosed, where such features exist, or the outer edge of the signboard where none exist, and including all of the elements of the matter displayed but not including the support structure provided that no copy or any of the aforementioned sign face criteria are displayed on, or designed as part of, the sign support structure. See Figure VII-2.

(2) No sign board or irregularly shaped signs. When a sign consists of individual letters, symbols, figures, logos, numbers, illustrations, or other devices, or where the overall shape of the signboard is curved, spherical or irregular, sign area shall be measured within a continuous permitter of not more than eight straight lines drawn perpendicular encompassing all of said individual letters, symbols, figures, logos, numbers, illustrations, or other devices, or irregularly shaped signboard together with any background material, frame, trim or molding, and direct or self-illumination used that differentiates the sign from the building, structure, backdrop surface, or object upon which or against which it is placed. See Figures VII-3 and VII-4.

(3) Multi-panel signs. The total sign area of multi-panel signs includes the vertical and horizontal spacing between signs. See Figure VII-5.

(4) Double-faced signs. The area measurement of a double-faced sign, where the two sign faces coincide and are either parallel or the angle between them is 20° or less, shall be the area of one sign face only. If the faces are of unequal area, then sign area is equal to the area of the larger face. See Figure VII-6.

(5) V-shaped signs. The area measurement of a V-shaped sign, where the angle between the two sign faces is greater than 20°, shall be measured based on both sign faces. See Figure VII-7.

E. Computation of sign height and sign clearance.

(1) The height of a sign shall be measured as the vertical distance from the average sidewalk or site grade directly below the sign to the highest point of the sign, including support structures and ornamentation. See Figure VII-8. The creation of berms or mounds intended to increase a sign's height is prohibited.

(2) Sign clearance is the vertical distance between the bottom of the sign face or structural element that is not affixed to the ground and the nearest point on the surface under it. See Figure VII-9.

§ 151-52 Permanent signs.

A. Number of signs.

(1) Principal nonresidential uses in the R and VR Districts are permitted a maximum of one permanent sign, subject to the provisions of Subsection B herein. For properties in the VR District with frontage on Route 9D, principal nonresidential uses shall be permitted one additional sign, which may be either a wall sign or window sign. Regardless of the number of uses on a property, no more than one freestanding sign is permitted per lot.

(2) Nonresidential uses in the RMU, VMU, VC, CMU and B Districts are permitted a total of three permanent signs per establishment, subject to the provisions of Subsection B herein. Freestanding signs shall be included in this total, including multi-panel signs. Regardless of the number of uses on a property, not more than one freestanding sign is permitted per lot. An exception shall be made for parcels in the CMU District that exceed 125,000 square feet in size and contain more than one establishment. In that instance, a freestanding sign shall be permitted at each of up to two of the property's NYS Department of Transportation- or Village-approved curb cuts; however, only one such sign shall be a pylon sign.

B. Types of signs.

(1) Freestanding signs.

(a) Generally. Table 21 identifies which forms of freestanding signs are allowed for nonresidential uses in each zoning district, and the size and height standards that apply to them.

(b) Multi-Panel Sign. Where there is more than one establishment on the property, a freestanding sign may be a multi-panel sign as illustrated in Figure VII-5 above.

(c) Setbacks. All freestanding signs shall be located a minimum of 10 feet from all property lines, and shall be located so as not to impair visibility for motorists as required by § 151-21B.

(d) Materials. The support structures of freestanding signs shall be constructed of the same or similar materials and colors as the building.

(e) Landscaping. The Planning Board may require landscaping, not including grass, at the base of all freestanding signs.

Table 21: Permissible Freestanding Signs
District	R	VR	RMU	VMU	VC	CMU	B
Monument sign	Not allowed	Allowed	Not allowed	Allowed	Not allowed	Allowed	Allowed
Maximum sign area	—	12 square feet1	—	12 square feet1	—	48 square feet1	48 square feet1
Maximum sign height	—	5 feet	—	5 feet	—	6 feet	6 feet

Post-and-arm sign	Allowed	Allowed	Allowed	Allowed	Not allowed	Not allowed	Not allowed
Maximum sign area	12 square feet	12 square feet	12 square feet	12 square feet	—	—	—
Maximum sign height	8 feet	8 feet	8 feet	8 feet	—	—	—

Pylon sign	Not allowed	Not allowed	Not allowed	Not allowed	Not allowed	Allowed	Not allowed
Maximum sign area	—	—	—	—	—	36 square feet2	—
Maximum sign height	—	—	—	—	—	15 feet	—

NOTES:
1	When the sign area is 12 square feet or less, and the sign height is five feet or less, a two-post sign may be substituted for a monument sign.
2	For parcels in the CMU District that exceed 125,000 square feet in size, maximum sign area shall be 75 square feet

(2) Attached signs.

(a) Generally. Table 22 identifies which forms of attached signs are allowed for nonresidential uses in each zoning district, and the standards that apply to them.

(b) Location. Signs shall only be attached to the ground floor of the building, with the exception of window signs which may be located on the floor that is occupied by the use it advertises.

Table 22: Permissible Attached Signs
District	R	VR	RMU	VMU	VC	CMU	B
Awning sign	Not allowed	Not allowed	Not allowed	Allowed	Allowed	Allowed	Allowed
Maximum sign area	—	—	—	1 square feet per linear feet of primary building facade or establishment space, up to a max. of 30 square feet
Maximum sign height	—	—	—	Only awnings over ground floor doors or windows may contain signs.
Additional requirements	•	Awning signs shall be affixed flat to the surface of the awning valance only. The valance shall be a maximum of 1 feet tall with lettering a maximum of 9 in. tall. The valance shall be made of the same material and shall be the same color as the awning. See § 151-38 for more requirements for awnings.
	•	A maximum of one sign per awning is permitted.
	•	An awning sign shall not be internally illuminated.

Projecting Sign	Allowed	Allowed	Allowed	Allowed	Allowed	Allowed	Allowed
Maximum sign area	5 square feet	9 square feet	5 square feet	9 square feet
Maximum sign height	In a single-story building, the uppermost part of the sign shall not be higher than the fascia and/or cornice, or a maximum of 15 feet, whichever is lower. For multi-story buildings, sign brackets shall be mounted no higher than the sill of the second floor window.
Minimum sign clearance	10 feet
Additional requirements	•	No sign shall project more than 4 feet from the building facade to which it is attached. See Figure VII-10.
	•	A sign may project over the public ROW, if allowed by the public entity that has control over the ROW.
	•	A projecting sign shall be located at least 10 feet from any other projecting sign.
	•	Signs shall be securely anchored.

Wall sign	Allowed	Allowed	Not allowed	Allowed	Allowed	Allowed	Allowed
Maximum sign area	0.5 square feet per linear feet of primary building facade, up to a max. of 30 square feet		—	2 square feet per linear foot of primary building facade, up to a maximum of 24 square feet		2 square feet per linear foot of primary building facade, up to a maximum of 30 square feet1
Maximum sign height	See Subsection B(2)(b) above		—	See Subsection B(2)(b) above
Additional requirements	•	Where the design of a building facade incorporates a specific area for a wall sign, the sign shall be located in this area and shall not extend beyond it, as illustrated in Figure VII-11.
	•	In a single-story building, the uppermost part of a wall sign shall not extend above the eaves of the building on which it is mounted, as illustrated in Figure VII-12.
	•	Sign face shall not project more than 8 in. from the wall surface.
	•	No sign shall extend any distance beyond the building wall in any direction.
	•	No sign shall cover windows or other architectural details.
1For parcels in the CMU District that exceed 125,000 square feet in size, maximum sign area shall be 1 square feet per linear foot of primary building facade, up to a maximum of 80 square feet

Window sign	Allowed	Allowed	Allowed	Allowed	Allowed	Allowed	Allowed
Maximum sign area	25% of the total glass area of the window on which the sign is displayed.
Maximum sign height	May only be located in a window on the floor that is occupied by the use it advertises.

(3) Manual changeable copy signs and electronic message signs. Manual changeable copy signs and electronic message signs are prohibited for all uses in all zoning districts with the exception of the following:

(a) Gasoline stations. Manual changeable copy is permitted for gasoline stations subject to the following:

[1] Changeable copy shall be permitted on one sign only (with the exception of signs required by any law, order or governmental regulation on fuel pumps).

[2] The changeable copy shall not increase the amount of permitted sign area or sign height, and shall only be incorporated into a freestanding sign otherwise permitted in the district.

[3] Changeable copy shall not exceed a maximum of six square feet in area.

[4] In the CMU District, an electronic message sign may be substituted for a manual changeable copy sign subject to all of the standards in Subsection B(3)(a) above and the following:

[a] The electronic message sign shall only be permitted on a monument sign.

[b] All electronic message sign display components shall be monochrome with a minimum pitch resolution of 16 mm spacing or better (i.e., 10 mm, 12 mm, etc.)

[c] The light intensity of an electronic message sign shall not exceed 0.3 footcandle over ambient lighting conditions, as determined by a photometric plan presented at the submission of a site plan application. All electronic message signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.

[d] The electronic message sign shall contain static messages only. The message shall not change more frequently than once per day. Each message shall transition to the next message instantaneously, without transitions or frame effects between messages, such as flashing, rotating, scintillating, blinking, strobe illumination, or other effects.

(b) Places of worship, schools, nonprofit organizations, and theaters. Manual changeable copy is permitted for places of worship, schools, nonprofit organizations, and theaters. The changeable copy area shall be a maximum of 12 square feet in area, shall not increase the amount of permitted sign area or sign height, and shall only be incorporated into a freestanding sign otherwise permitted in the district.

(c) Order station signs, as provided in Subsection B(5) herein.

(4) Gasoline station signs. The following are specific to gasoline station signs:

(a) No signs shall be permitted on gasoline station canopies, with the exception of the CMU District where a maximum of two of the three permitted permanent signs may be located on a canopy as long as each sign is a maximum of nine square feet in size, and no sign extends above or beyond the canopy, as illustrated in Figure VII-13.

(b) Any sign not required by law to be located on a fuel pump shall be included in the calculation of the number of permitted permanent signs.

(c) No signs, logos or trademarked colors shall be permitted on garbage cans.

(d) A note shall be included on the site plan stating that animated signs are prohibited.

(5) Order station signs. Drive-through food service establishments in the CMU District shall be permitted two outdoor signs located at order stations, in addition to the permitted permanent signs outlined in Subsection A(2) above if determined necessary by the Planning Board subject to the following:

(a) Maximum area: One sign shall be a maximum of 16 square feet and one sign shall be a maximum of eight square feet.

(b) Maximum height: six feet.

(c) Location and screening:

[1] Order station signs that are not attached to the principal building shall be oriented so that light and sound impacts are directed away from any adjacent lot in the R District or any adjacent property in existing residential use.

[2] Order station signs may be located to the rear of the establishment with no screening required. If located where visible from a public right-of-way, as determined by the Planning Board, or in a side yard, screening is required in the form of a wall or fence and/or an appropriate amount of landscape planting to effectively screen the order station signs from view of the adjacent right-of-way or property to the maximum extent practicable. Where screening is not possible, the Planning Board may require that such signs use manual changeable copy rather than electronic message signs.

(d) Subject to Planning Board approval, order station signs may incorporate manual changeable copy signs or electronic message signs as long as such signs do not increase the amount of permitted sign area or sign height, and subject to the following:

[1] Signs shall change no more than four times per day. Turning an order station sign off shall not constitute a "change." Each message shall transition to the next message instantaneously, without transitions or frame effects between messages, such as flashing, rotating, scintillating, blinking, strobe illumination, or other effects.

[2] Signs shall be turned off when the business is closed, and shall have a dark screen when turned off.

[3] Signs shall only be one-sided.

[4] Signs shall have a dark background with light lettering.

[5] The light intensity of an electronic message sign shall not exceed 0.3 footcandle over ambient lighting conditions, as determined by a photometric plan presented at the submission of a site plan application. All electronic message signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.

[6] A note shall be included on the site plan stating that animated signs are prohibited.

(e) Canopies. Drive-through canopies shall be permitted, provided they do not contain any signage other than height-warning signs. See also § 151-68E.

(6) Directional and directory signs. The Village of Wappingers Falls finds that signs that assist vehicles and pedestrians to negotiate a site are necessary for safe access and egress of a site and safe travel within the site. Safely directing traffic is a compelling governmental interest. Accordingly, the Village permits on-site nonilluminated directional and directory signs, as follows. These signs shall be in addition to permitted permanent signs.

(a) Directional signs. The Planning Board may approve directional signs, as defined in this chapter, at site access drives in all zoning districts. In addition, the Planning Board may approve directional signs in the interior of a site for lots in the RMU, CMU and B Districts where there are multiple changes of direction and/or multiple buildings or tenants if the Planning Board determines such directional signs are necessary for safety. Each such sign shall be subject to the following:

[1] Maximum number, site access drive: one per vehicle direction per site access drive.

[2] Maximum number, interior site: as determined necessary for safety by the Planning Board.

[3] Maximum area: two square feet.

[4] Maximum height: five feet.

(b) Interior directory signs in the RMU, CMU and B Districts. The Planning Board may approve directory signs in the interior of a site for lots in the RMU, CMU and B Districts where there are multiple buildings or tenants if the Planning Board determines such directory signs are necessary for safety. Each such sign shall be subject to the following:

[1] Maximum area: six square feet.

[2] Maximum height: five feet.

[3] Setbacks: At least 25 feet from any adjacent right-of-way and outside of any required setback for a principal building in the district in which the sign is located, except in no case shall the sign be less than 10 feet from the side property line.

§ 151-53 Temporary signs.

A. Permit required. A temporary sign shall not be erected or displayed prior to obtaining a temporary sign permit from the Code Enforcement Officer, and shall be removed on or before the expiration date of the temporary sign permit authorizing said sign. Planning Board approval is not required for temporary signs. Types of temporary signs that are not listed in this section or in § 151-54A are prohibited in all zoning districts.

B. General standards.

(1) The purpose of temporary signs is to display messages for a temporary duration. Temporary signs shall not be used as a subterfuge to circumvent the regulations that apply to permanent signs. Unless otherwise provided herein, temporary signs may be displayed for a maximum of 30 consecutive days. The Code Enforcement Officer may approve one extension of up to two weeks for good cause shown. All temporary signs that relate to a specific event or activity shall be removed within seven days of the event or activity to which they relate.

(2) All temporary signs that are not affixed to a building shall be set back a minimum of 10 feet from all property boundaries, unless otherwise specified herein.

(3) No temporary sign shall be placed so as to impair visibility for motorists, or interfere with pedestrian or vehicular circulation, or obstruct sight lines (see § 151-21B).

(4) All temporary signs shall be located on private property, and shall be fully located on the property to which the sign permit is issued.

(5) Temporary signs shall not be illuminated.

C. Types of temporary signs:

(1) A-frame signs. A-frame signs are permitted for nonresidential uses in the VMU, VC, and CMU Districts, and for places of worship and nonprofit clubs in the R and VR Districts, subject to the following:

(a) Maximum number: one per ground-floor establishment.

(b) Maximum area: six square feet.

(c) Maximum height: three feet.

(d) Minimum separation: A minimum fifteen-foot separation is required between all A-frame signs. See Figure VII-14.

(e) Location: Must be placed within 15 feet of the main entrance to the establishment, and must not interfere with pedestrian traffic or violate the standards of accessibility as required by the ADA or other accessibility codes and standards. A-frame signs may be placed in the public right-of-way but shall not reduce the open portion of the sidewalk to less than five feet clear of all obstructions. A placement plan shall be submitted that shows the general location of the A-frame sign.

(f) Design standards:

[1] Shall be of sufficient weight or design to prevent its movement in the wind.

[2] The frame shall be constructed of wood or metal, and the sign face shall be constructed of wood, metal, chalkboard or dry erase board. Plastic signs and sign copy is prohibited.

[3] Changeable copy shall not be permitted except for chalkboard or dry erase typefaces utilized for handwritten messages.

(g) Display period. Shall only be displayed during business hours. Sign must be stored indoors at all other times.

(h) Permit time period. Permit shall be valid from January 1 to December 31. A new sign permit application must be applied for on or after January 1 of each year.

(2) Banner signs. Banner signs are permitted for all nonresidential uses in all zoning districts subject to the following:

(a) Maximum number: one per establishment.

(b) Maximum area: 16 square feet, with the exception of the CMU District where the maximum area shall be 24 square feet.

(c) Location: shall not be mounted above the ground story of the building, and shall be secured along all four sides of the banner unless hung from a pole in which case it shall be tethered on two sides.

(d) Display period: shall only be displayed during business hours.

(e) Additional requirements. Application for a permit for a banner sign may be made only four times during any calendar year, with no permits being approved consecutively. A minimum of 30 days shall expire before a new application for a permit for a banner sign will be accepted.

(f) Permit time period: maximum of 30 consecutive days.

(3) Seasonal signs.

(a) Maximum number: one per establishment.

(b) Maximum area: 16 square feet when not affixed to a building; 24 square feet when affixed to a building.

(c) Materials: may be constructed of fabric, plywood, or other light material and does not need to be permanently mounted.

(d) Permit time period: maximum of three months.

(4) Site signs.

(a) Maximum number: one per street frontage.

(b) Maximum area: 12 square feet in all districts with the exception of the CMU District where the maximum area shall be 24 square feet.

(c) Maximum height: five feet in all districts except the CMU District where maximum height shall be eight feet.

(d) Not allowed on parcels with existing residential uses, unless in mixed-use buildings.

(e) Permit time period:

[1] Vinyl or plastic sign face: maximum of 30 days per year.

[2] Metal or plywood sign face: maximum of six months per year; may be extended by the Code Enforcement Officer for good cause shown.

(5) Yard signs.

(a) Maximum number: four in all districts, except the CMU District where one per access drive is permitted.

(b) Maximum area: four square feet per sign.

(c) Maximum sign height: four feet.

(d) Permit time period: maximum of 30 days. Application for a permit for a yard sign may be made only four times during any calendar year, with no permits being approved consecutively. A minimum of 30 days shall expire before a new application for a permit for a yard sign will be accepted.

§ 151-54 Signs that do not require a sign permit.

A. No sign permit is required for the following signs, provided that such signs comply with all standards applicable to that type of sign, and the applicable standards of this subsection, and provided the sign is not greater in size than the minimum size required by law. Signs that do not require a permit shall not be included in the number of permitted signs for the use.

(1) Signs required by any law, order or governmental regulation.

(2) Official and legal notice signs that are issued or endorsed by any court, public body, person, agency, or officer in performance of a public duty, or in giving any legal notice, including signs that are required to be posted to give notice of pending action pursuant to this chapter.

(3) Warning signs for the safety of the general public not exceeding four square feet in area and mounted not more than six feet above grade unless affixed to a canopy. The Code Enforcement Officer shall have the discretion to determine that a warning sign that is not in compliance with this subsection is warranted and will not require a permit.

(4) Traffic control signs and other signs related to public safety that the Village or another jurisdiction installs or requires a developer to install.

(5) One nonilluminated sign not exceeding two square feet in area affixed to a dwelling unit. However, this shall not be construed to permit the display of signs when otherwise prohibited or restricted by private restrictions related to the dwelling unit.

(6) Historical markers, monuments, or commemorative signs as recognized by local, state or federal authorities.

(7) One nonilluminated sign or tablet per building, of four square feet or less, when cut into the masonry surface of the building, or when constructed of bronze or other incombustible material and attached to the surface of a building.

(8) One neon/LED tube sign per establishment in the CMU District only. Such sign shall be a maximum of two square feet in area, shall only be permitted within the interior of a window, shall not flash or move, and shall be turned off at night.

(9) Temporary nonilluminated window signs that do not exceed 10% of the area of any individual window surface and that, collectively do not cover more than 10% of the total window area by floor of the applicable structure (exclusive of any window signage or notices required under federal, state, or local law). Such signs are allowed on ground floor windows facing a primary street only.

(10) One nonilluminated sign a maximum of one square foot in area, that is affixed to a building door that is not visible from a public right-of-way.

(11) Signs that are being carried by people (however, such signs are not exempt if they are set down or propped on objects).

(12) Temporary noncommercial signs a maximum of six square feet in sign area and a maximum of three feet in height. The aggregated sign area of all temporary noncommercial signs shall not exceed 30 square feet.

(13) Seasonal holiday decorations that are displayed for not more than 60 consecutive days nor more than 60 total days in any one year.

(14) Bumper stickers on vehicles.

(15) One temporary nonilluminated sign per lot frontage on premises for sale, lease or exchange, a maximum of four square feet in sign area and, if freestanding, a maximum of six feet in height.

(16) Flags that do not convey a commercial message, do not exceed 32 square feet in area, and are affixed to a flagpole. No more than two flags per lot.

§ 151-55 Prohibited signs and design elements.

A. Prohibited signs. All signs not expressly permitted by this article are prohibited in all zoning districts, including without limitation the following signs and design elements:

(1) Abandoned signs.

(2) Animated signs.

(3) Balloons, inflatable signs, streamers, spinners, pennants and other attention-getting devices made of lightweight fabric or similar material, designed to rotate or move with the wind, that direct, promote, or that are otherwise designed to attract attention.

(4) Banners, except as may be expressly permitted as a temporary sign in § 151-53C(2).

(5) Moving signs.

(6) Neon/LED tube signs, except as may be expressly exempt in § 151-54A(8).

(7) Off-premises signs.

(8) Portable signs.

(9) Roof signs.

(10) Search lights when used as attention-attracting devices for commercial uses.

(11) Signs with flashing, blinking, scintillating, revolving, rotating, flickering, fading, fluctuating, moving or running lights, or that use electrical pulsation, or any artificial light which does not maintain a stationary and constant intensity, color, and direction at all times.

(12) Signs with more than two sign faces.

(13) Signs that emit audible sound, odor, or visible matter such as smoke and steam.

(14) Signs that are a traffic hazard because they simulate or imitate (in size, color, lettering, or design) any traffic sign or signal.

(15) Snipe signs.

(16) Vehicle signs.

B. Other prohibited signs. Other signs may be prohibited in certain districts. See § 151-52, Permanent signs, and § 151-53, Temporary signs, for requirements.

C. Prohibited content.

(1) The following content is prohibited without reference to the viewpoint of the individual speaker:

(a) Text or graphics of an indecent or immoral nature and harmful to minors;

(b) Text or graphics that advertise unlawful activity;

(c) Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats; or

(d) Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs or signs that provide public safety information (for example, signs that use the words "Stop," "Yield," "Caution," or "Danger," or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).

(2) The narrow classifications of content that are prohibited by this subsection are either not protected by the United States or New York State Constitutions, or are offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the Village Board that each of this subsection [i.e., Subsection C(1)(a), (b), (c), and (d) above] be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or New York State Constitutions.

§ 151-56 Permit application and procedures.

A. Application and fee. Application for a sign permit shall be filed with the Code Enforcement Officer upon forms prescribed by the Village, and shall be accompanied by the following to be deemed complete:

(1) A fully dimensioned and scaled plan showing the lot frontage, building frontage, and the location, dimensions, and type of all existing and proposed signs. For freestanding signs, the plan shall show the distance from the right-of-way and property boundaries. For attached signs, a building elevation shall be submitted showing placement of any sign.

(2) A fully dimensioned and scaled elevation drawing of any proposed sign, showing sign type, height, materials, color, design, structure, sign area, and type of illumination, if proposed.

(3) Information regarding the type of construction, sign supports and electrical details.

(4) Additional information as is needed to demonstrate compliance with this article for the proposed sign type.

(5) Payment of the applicable fee in accordance with the Fee Schedule established by the Village Board.

B. Permit application review and time limits.

(1) Upon receipt of a complete sign permit application, the Code Enforcement Officer shall forward the application to the Planning Board for review, when required.

(2) If a project is subject to site plan review, proposed signs shall be reviewed as part of the site plan application.

(3) If the Planning Board conducts a review of proposed sign(s) that are not included in site plan review, it shall approve, approve with modifications, or deny the application within 62 days unless extended by mutual agreement with the applicant.

(4) Where Planning Board review is not required, the Code Enforcement Officer shall grant or deny the permit application within 30 days of the receipt of a complete application.

C. Issuance or denial of permit.

(1) With the exception of signs for which site plan approval by the Planning Board and/or a variance from the Zoning Board of Appeals is required, the Code Enforcement Officer, upon the filing of an application for a sign permit, shall examine the plans, specifications, locations and other data submitted as part of said application. If the Code Enforcement Officer determines that the application is complete and the proposed sign meets the requirements of this article and any local or state building, electrical or other adopted code of the Village of Wappingers Falls or the State of New York, the Code Enforcement Officer, shall, within 10 days of the date said application was received, issue a permit for the erection of the proposed sign. If the Code Enforcement Officer determines that the application is not complete or the proposed sign does not meet the requirements of this article or any local or state building, electrical or other adopted code of the Village of Wappingers Falls or the State of New York, the Code Enforcement Officer shall, within 10 days of the date said application was received, issue a written notice to the applicant stating the deficiencies of the application and the reason for the refusal to issue a sign permit.

(2) In the event a sign requires site plan approval from the Planning Board, and/or a variance from the Zoning Board of Appeals, the Code Enforcement Officer shall not issue the sign permit until the required Board approvals have been granted.

D. Sign permit expiration. A permit issued for an approved sign shall be valid for six months from the date the permit is issued. If the sign is not installed before the expiration of six months, a new permit shall be required.

E. Compliance with sign permit. All signs shall be installed in accordance with a sign permit. When a sign permit has been issued by the Village, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without prior approval from the Code Enforcement Officer.

F. Inspections. Signs for which permits have been issued shall be inspected during and at completion of construction by the Code Enforcement Officer, and at such times as deemed necessary by the Code Enforcement Officer. Authority for and time of such inspections shall be as follows:

(1) Inspection by Code Enforcement Officer. The Code Enforcement Officer is hereby empowered to enter or inspect any building, structure or premises in the Village upon which or in connection with which, a sign is located, for the purpose of inspection of the sign, its structural details and electrical connections, and to ensure compliance with the provisions of this chapter. Such inspections shall be carried out during business hours, unless an emergency exists.

(2) Construction inspections. The person constructing, or erecting a sign for which a permit is required shall notify the Code Enforcement Officer at all stages of construction that require inspection, and inspections shall be held as follows:

(a) A footing inspection for all freestanding signs shall be required.

(b) A final structural inspection shall be required at completion of the work on all types of signs.

(c) A final electrical inspection shall be required on all signs containing electrical components and wiring to be connected to an electrical energy source.

§ 151-57 Maintenance requirements.

A. Every sign displayed within the Village, including exempt signs, shall be maintained in good condition at all times as provided in this section or as determined by the Code Enforcement Officer. The Code Enforcement Officer shall be authorized to inspect signs to ensure they are adequately maintained and in compliance with this article. If upon inspection, the Code Enforcement Officer determines a sign to be in violation of this article, the Code Enforcement Officer may order the sign to be painted, repaired or removed by the property owner. Any deficiency shall be corrected within 30 days of receiving an order to remedy pursuant to Chapter 114, Property Maintenance, of the Village Code, unless otherwise determined by the Code Enforcement Officer. A sign in good condition shall meet the following criteria:

(1) Signs shall display a message. Signs that do not display a message for a period of 30 consecutive calendar days or more are abandoned. See § 151-58A.

(2) All sign copy shall be clearly legible.

(3) All graffiti on a sign shall be removed.

(4) All parts, portions, units and materials composing a sign, together with the frame, background, surface, support or enclosure therefor shall be maintained in a safe condition, painted, and adequately protected from weathering with all braces, bolts and structural parts and supporting frames and fastenings reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.

(5) Plastic, acrylic, fabric and other similar materials shall not be broken, cracked, torn or faded.

(6) No sign shall stand with bent or broken sign faces, broken supports, loose appendages or struts.

(7) Signs that are designed to be level, whether temporary or permanent, shall be installed and maintained in a level position.

(8) No sign shall have weeds, trees, vines, or other vegetation growing upon it or obscuring its view from the street from which it is to be viewed, unless such vegetation is part of an approved landscape plan.

(9) All lighting, where permitted, shall be fully functional and no sign shall stand with only partial illumination.

§ 151-58 Removal of signs.

A. Abandoned signs. Whenever the use of a building or premises by a business or occupation is discontinued for at least 30 consecutive calendar days, then the sign(s) pertaining to that business or occupations shall be determined to be abandoned and shall be removed. The Code Enforcement Officer shall give written notice to the last named owner 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 no action is taken by the owner or permit holder within said time period, the Code Enforcement Officer may cause the sign to be removed. At the sole discretion of the Village, the reasonable and necessary costs incurred for removal 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 Village.

B. Temporary signs. If any temporary sign is not removed by the expiration of the time limit noted on the application, the Code Enforcement Officer, after seven days' written notice to the permit holder to remove such sign(s) (computed from the date of mailing), and after failure of the permit holder to do so, will cause said sign(s) to be removed at the owner's expense.

C. Unsafe signs. The Code Enforcement Officer may cause any sign that, by virtue of its physical nature and condition, poses an immediate and serious threat to persons or property to be removed immediately and without notice.

§ 151-59 Nonconforming signs.

A. Any nonconforming signs that are located on property that is the subject of subdivision, special use permit and/or site plan application, certificate of appropriateness, certificate of occupancy, nonviolation letter, or other permit, approval, entitlement, or authorization from the Village of Wappingers Falls shall be brought into compliance with this section prior to the issuance of any such approval, letter, certificate or permit.

B. All signs in existence as of the effective date of this chapter but which do not conform to the provisions herein are nonconforming and shall be brought into compliance with the provisions of this section within three years from the effective date of this chapter, such time being deemed sufficient to amortize the cost thereof. Any sign made nonconforming by any future amendment to this chapter shall be brought into compliance with the provisions of this section within three years from the effective date of such amendment.

C. A nonconforming sign due to be terminated pursuant to this section may be allowed to remain for a specified period of time upon application for a special sign permit from the Planning Board. Such special sign permit shall not be granted unless the Planning Board finds that removal of the nonconforming sign would cause serious financial harm to the property or business owner and provide limited advantage to the public.

D. In making this determination the Board shall consider:

(1) The appearance of the nonconforming sign;

(2) The nature and degree of the sign's nonconformity;

(3) The detriment caused by the nonconforming sign;

(4) The character of the neighborhood;

(5) The cost and date of investment in the sign;

(6) Life expectancy of the investment;

(7) Amount of investment realized at the effective date of the chapter;

(8) Salvage value of the sign, if any;

(9) The ability of the landowner to amortize the cost of the investment over a period of use; and

(10) Whether an additional reasonable amount of time is needed by the owner to amortize the owner's investment.

E. The special permit application procedures and time lines shall guide the process for a special sign permit.

F. The special sign permit may be renewed for an additional specified period of time subject to Planning Board approval.

§ 151-60 Violations.

Any sign that is erected after the effective date of this chapter without obtaining a required permit is declared to be unlawful and a public nuisance. All violations of this article shall be subject to enforcement remedies, penalties, and abatement as provided by this chapter.

§ 151-61 Signs permitted before effective date.

If a permit for a sign has been issued in accordance with all Village ordinances in effect prior to the effective date of this chapter, and provided that construction is begun within six months of the effective date of this chapter and diligently pursued to completion, said sign may be completed in accordance with the approved plans on the basis of which the permit has been issued, subject thereafter, if applicable, to the provisions of this chapter regarding nonconforming signs.

§ 151-62 Relief from decisions.

A. Any person or persons jointly or severally denied a permit for a sign or aggrieved by any determination of the Code Enforcement Officer in the enforcement of this article may appeal the denial or determination to the Zoning Board of Appeals in accordance with Article XIII of this chapter within 30 days after rendition of the denial or determination.

B. Any person or persons jointly or severally aggrieved by any decision of the Planning Board relating to a sign permit may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 calendar days after the filing of the Board's decision in the Office of the Clerk.