Town of North Salem, NY Article IX Sign Regulations

[Amended 11-8-2011 by L.L. No. 5-2011; 4-25-2023 by L.L. No. 1-2023]

§ 250-37 Purpose.

Consistent with the North Salem Comprehensive Plan, the regulation of the design, construction, installation and maintenance of signs in the Town of North Salem is necessary in order to maintain and protect the attractive and harmonious visual image of the community; permit effective identification of businesses to encourage economic prosperity; protect the aesthetic environment from the unrestricted proliferation of signs and visual clutter; protect property values; and protect the public health, safety and welfare of the residents of the Town of North Salem.

§ 250-38 Permit required.

Signs shall hereafter be established, replaced, erected, re-erected, constructed, reconstructed, extended, enlarged or altered only in accordance with an approved site development plan or sign permit.

A. No sign permit is required for painting, cleaning and other normal maintenance and repair of a sign for which an approval has been granted under this chapter.

B. No sign permit is required for a change in name or business or for a change in the wording and/or graphics of an existing business of a preexisting sign for which an approval has been granted under this chapter so long as there is no change in the size, height, location, yard setbacks or illumination requirements of the approved sign.

C. All signs shall comply with the size, yard, design and construction standards and illumination requirements herein except as provided in § 250-39.

D. The Planning Board shall consider the relationship of each sign to the safety and convenience of the public. In considering a sign application, the Planning Board shall consider design criteria relating to sign location, size, proportions, scale, materials, texture, color, lettering and illumination in addition to the purposes and other criteria of this article.

§ 250-39 Exempt signs.

A. The provisions of this article shall not apply to the following types of signs:

(1) Traffic control signs conforming to the New York State Department of Transportation Manual of Uniform Traffic Control Devices and other traffic regulatory signs shown on an approved site development plan or required pursuant to the order of municipal traffic control agencies.

(2) Other signs of or required by duly constituted governmental bodies and their agencies (such as E911 signs), where such signs are established in the interest of the safety, convenience or welfare of the general public.

B. The provisions of this article shall not apply to the following signs, provided each such sign meets the corresponding quantity, size, height, setback and placement specifications, illumination and time duration indicated:

(1) Interior signs not visible outside of a building.

(2) On-premises temporary and seasonal signs specific to the property upon which they are placed, pertaining to an initial or seasonal grand opening of a business, complying with the corresponding standards below:

Exterior Temporary Sign Standards
Standard	Requirement
Quantity	One sign per business on the premises at any one time.
Area or Size	Maximum of four square feet.
Height	Maximum mounting height of three feet from grade level.
Setback and Placement	Shall be placed on the property for which the sign pertains, no less than five feet from any property line and which placement shall not interfere with sight lines of a public or private road and/or driveway. Such signs shall be adequately affixed to the ground or other acceptable structure to ensure their stability from falling down or blowing away.
Illumination	Shall not be illuminated.
Duration	May be displayed for up to 30 days.

(3) On-premises temporary signs specific to the property upon which they are placed, complying with the corresponding standards below, including but not limited to the following signs:

▪ Real estate sign.

▪ Construction sign.

▪ Garage, barn or tag sale sign, provided such sign contains the address and date of sale.

▪ A sign pertaining to and displayed during drives and events of civic, philanthropic or educational institutions.

Exterior Temporary Sign Standards
Standard	Requirement
Quantity	One per each sign as itemized above.
Area or Size	Maximum of four square feet.
Height	Maximum mounting height of three feet from grade level.
(continued on next page)
Setback and Placement	Shall be placed on the property for which the sign pertains, no less than five feet from any property line and which placement shall not interfere with sight lines of a public or private road and/or driveway. Such signs shall be adequately affixed to the ground or other acceptable structure to ensure their stability from falling down or blowing away.
Illumination	Shall not be illuminated.
Duration	May be displayed 14 days before an event and shall be removed within three days after an event.

(4) On-premises exterior permanent (nontemporary) signs, complying with the corresponding standards below for the following signs:

▪ "No Hunting," "No Trespassing," "Private Property," or similar intended message signs; multiple signs along a property line shall be the minimum necessary to comply with the NYS Penal Code.

▪ Signs announcing presence of security system, dog fencing or other similar.

▪ For any dwelling or residential property, farming operation, home occupation or home professional office, one nameplate and/or one identification sign for each entrance.

▪ Signage on or next to an entrance door of nonresidential uses indicating name of establishment, hours of operation or similar directive information, or information regarding the products or services provided.

Exterior Permanent Sign Standards
Standard	Requirement
Quantity	As itemized above.
Area or Size	Maximum of two square feet.
Height	Maximum mounting height of seven feet from grade level.
(continued on next page)
Setback and Placement	Shall be placed on the property for which the sign pertains, no less than five feet from any property line and which placement shall not interfere with sight lines of a public or private road and/or driveway. Such signs shall be adequately affixed to the ground or other acceptable structure to ensure their stability from falling down or blowing away.
Illumination	Shall not be illuminated.
Duration	Same as the principal use such sign is associated with.

§ 250-40 Prohibited signs.

Any signs not expressly permitted by this chapter are prohibited. Additional types of signs that are prohibited include:

A. Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.

B. Exterior advertising signs and billboards (in regard to a billboard sign, except in the limited case where an off-premises multiple business directory sign is permitted in § 250-41.1D of this chapter).

C. Signs representing or depicting to any degree official traffic signs or signals.

D. Signs which emit noise, sounds or smoke.

E. Animated signs, whether by mechanical or electrical processes, including signs with balloons, beacons or search lights, strings of incandescent lights, festoons, flags, banners, streamers, spinners or other paraphernalia attached to or associated with such signs.

F. Signs of a prurient nature or advertising businesses, commodities or services of a prurient nature or any unlawful business or undertaking.

G. Illuminated signs outlining any part of a building, such as a gable, roof, sidewall or corner. A sign on which the illuminating source is visible to the public way or any property line.

H. Signs made of cardboard, paper or similar impermanent material, except as may be permitted pursuant to § 250-39.

I. Signs mounted on parked vehicles or trailers or other similar mobile advertising media where parked or located primarily to be visible from the street or adjacent properties.

J. Signs within a street right-of-way (except that which may be permitted per § 250-40.1D of this chapter) or signs which project over a street.

K. Signs obstructing traffic visibility. No freestanding sign shall be erected or maintained in the shaded area shown in Sketch A found in § 250-21C, as such shaded area relates to the intersection of two streets or to the intersection of a driveway with a street.

L. Signs with fluorescent or reflective paint or materials.

§ 250-40.1 Permitted signs.

The following signs require permit approval from the Planning Board.

A. For any nonresidential establishment, one indirectly illuminated wall sign may be located on the building facade or hang within one foot of a facade from an overhang, with a maximum vertical dimension of two feet and a maximum horizontal dimension not to exceed 30% of the building facade length associated with each use or establishment or 15 feet, whichever is less. For a one-story building with a pitched roof, a roof sign may be permitted in lieu of an otherwise permitted wall sign (but not both), subject to the standards of wall signs as set forth in this chapter.

B. For any nonresidential establishment (site, use): one freestanding indirectly illuminated identification or directory sign not over eight square feet in area. The height of any freestanding sign shall not exceed six feet.

C. For any nonresidential establishment on a corner lot, at the discretion of the Planning Board, an additional sign, either a freestanding or wall sign, not to exceed four square feet in area, may be allowed. If freestanding, the subject lot shall include an access driveway on each street and the distance between the center line of such driveways at the street line shall be no less than 200 linear feet apart. In no event may one establishment have more than two freestanding signs. All other conditions for nonresidential signs apply.

D. Off-premises multiple business directory signs. One freestanding indirectly illuminated identification multiple business directory sign not over 10 square feet in area may be allowed within a Town street right-of-way at a gateway to each of the hamlets in the Town, subject to obtaining a license from the Town Board in addition to sign permit approvals from the Planning Board and Building Inspector.

E. Directional signs. No directional sign shall be more than three square feet in area. In locations with more than one directional sign, all such signs shall be affixed to a common standard and be graphically coordinated and arranged so as to present a neat and orderly appearance. Any such sign standard shall be designed to accommodate the later addition of further directional signs. Multiple directional signs shall be combined into one to avoid clutter to the maximum extent feasible.

§ 250-41 Application procedure.

A. No sign permit will be issued except in accordance with a sign permit approval or a site development plan approval. An application for a sign permit shall be made to the Planning Board, on forms prescribed by it, and shall contain the information specified in the rules and regulations adopted by the Planning Board. All applications shall be accompanied by the required fee in accordance with the Standard Schedule of Fees of the Town of North Salem.[1]

[1] Editor's Note: The Standard Schedule of Fees is on file in the office of the Town Clerk.

B. If there is no standing sign permit approval or standing site development plan approval, the applicant must submit an application to the Planning Board for either site development plan approval or sign permit approval, whichever is applicable. In the case of a sign which is not submitted as part of a site development plan, a sign plan for such sign shall be subject to review and approval by the Planning Board. Upon the granting of a site development plan or a sign permit approval, a copy of the approved permit shall be transmitted to the Building Inspector.

C. The Building Inspector, upon receipt of a resolution of approval from the Planning Board for a sign permit, shall issue an administrative sign permit and a display sticker, which display sticker shall be prominently affixed to each sign and visible from the street on which the sign abuts.

§ 250-42 Sign design and construction standards.

The Planning Board shall consider and determine the consistency of proposed signs with the following supplemental use criteria in granting any approvals for signs:

A. Signs must be clearly accessory to the use or uses upon the same lot, and such signs and lighting must be shown to be essential to the conduct of the principal use upon the lot.

B. The size and content of the sign shall be the minimum essential for legibility and for the provision of information to patrons seeking the particular use described on such sign. Signs shall be a subordinate part of the site and adjacent streetscape.

C. The sign content shall clearly provide only the information necessary to identify the use upon the lot.

D. The sign shall not be confused with any traffic signal or other safety device, nor be composed of elements depicting in exaggerated size or grotesque style the use upon the lot. No sign shall be so arranged that it interferes with traffic through glare, lighting arrangement, or through blocking of reasonable sight lines for streets, sidewalks, or driveways.

E. The Planning Board 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.

F. Sign size measurement.

(1) Wall signs (including window signs and roof signs): The area of a wall sign shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background different from the building, whether painted or applied, when it is designed as an integral part of, and obviously related to, the sign; and when the sign consists of individual letters or symbols attached to or painted on a building wall or window, the area shall be considered to be that of the smallest rectangle which encompasses all of the letters or symbols.

(2) Freestanding sign: The area of a freestanding sign shall be measured by multiplying the height of the sign board by the width of the sign board (an area of design trim may be excluded provided said trim is decorative in nature and does not exceed a dimension of four inches), excluding vertical, horizontal or diagonal supports which affix the sign to the ground, unless such supports are evidently designed to be part of the sign as defined herein, not to exceed one foot.

(3) Where a sign consists of multiple plaques or parts, the sign area shall be the total aggregated area of all such parts, measured as stated above.

(4) When a sign consists of two or more faces, the largest face of the sign shall be used in computing the sign area provided the faces are parallel to and within 12 inches of each other; otherwise, all faces of the sign shall be used to compute the sign area.

G. Sign placement, location.

(1) All signs shall be securely fastened to the ground or to posts or shall be securely attached to a building.

(2) Multiple signs located on the same premises shall express uniformity and create a sense of harmonious appearance.

(3) Freestanding signs:

(a) Shall be located no closer than 10 feet from any property line or street line, except the Planning Board may permit a lesser setback based on site and abutting road right-of-way specific conditions.

(b) Shall be as close to the ground as practical, consistent with legibility considerations and traffic safety.

(c) Shall not be placed, located, erected or maintained so as to obstruct or impair visibility along a street or at a street intersection, internal site vehicular or pedestrian movements, or any door, window or fire escape; or to cause any other hazard to the public health or safety.

(4) Wall signs: Shall not project beyond the outer wall or above the horizontal roof eaves of the building upon which it is attached.

(5) Roof signs:

(a) A roof sign shall be considered a wall sign.

(b) A maximum of one roof sign per single-story building with a pitched roof may be permitted in lieu of an otherwise permitted wall sign.

(c) No part of the roof sign shall extend past the horizontal midpoint of the pitched roof.

(d) No part of the roof sign shall be closer than six inches or more than two feet from the horizontal eave line of the pitched roof.

(e) The distance between the face of the pitched roof and the bottom horizontal edge of the roof sign shall not exceed six inches.

(f) No part of the roof sign mounting shall be visible as viewed from the front of the building.

(6) Signs on awnings shall be integral to the awning and placed on the front flap section only; any such sign shall be considered a wall sign.

(7) Window signs shall be considered a wall sign, except if measuring less than one square foot in area (the cumulative area of any such excluded window signs shall not exceed 10% of the window surface).

H. Materials, architectural compatibility, legibility.

(1) Sign panels shall be constructed of wood, metal, masonry or other suitable material as approved by the Planning Board. Signs may also be painted or etched on appropriate surfaces such as doors, windows or walls.

(2) The design and construction of a sign shall be compatible and consistent with the architectural character (pertaining to the style, size and shape, materials used, location, lettering and color) of the premises to which they refer, the neighborhood, the surrounding vernacular landscape and the general character of the Town.

(3) Sign panels and graphics shall relate with and not cover architectural features or details and shall be in proportion to them.

(4) In any district where there is more than one sign on a building or more than one sign in a multi-building complex, all signs shall conform to a uniform and coordinated sign program submitted by the owner or tenant and approved by the Planning Board. The scheme shall be a thematic concept to maintain aesthetic consistency with the site architecture.

(5) Lettering style and font types shall be legible and easy to read by passing motorists for roadside signs.

(6) The following maximum and minimum heights shall be required for all copy on permitted freestanding signs for the purpose of creating legible graphics which can be seen and responded to within safe distances to maneuver a car:

(a) Maximum character height. No letter, number, character or other symbol shall exceed a height of one foot.

(b) Minimum character height. No letter, number, character or other symbol shall be less than four inches in height.

(7) No letter, number, character or other symbol on a wall sign shall exceed a height of one foot.

I. Illumination.

(1) Light fixtures used to illuminate signs shall be top mounted, shielded and directed downward to the sign so that light is directed only onto the sign face. The light source (bulb) of light fixtures shall not be directly visible and shall not be aimed toward adjacent streets, roads or properties. Concealed LED illumination is preferred at the top edges of the sign construction washing light over the sign face as opposed to a protruding light fixture which spots light towards the sign face.

(2) The face of any sign shall be constructed and colored in such a manner as to prevent glare from the sign illumination, utilizing dense opaque or solid materials and coloring creating "positive contrast" legibility and visibility.

(3) Internal illumination is not preferred but if used shall be strictly limited to the illumination of text or graphic symbols only utilizing back lighting. Internally illuminated awnings are prohibited. Exposed neon tubing or bare bulbs are prohibited.

J. Street address identification. The property street number shall be included in all permitted freestanding signs. The street number shall be located at the top of the sign and shall be integrated into the overall design and sign area. The height of the street number lettering shall be a minimum of four inches. A maximum of 1/2 square foot of sign area devoted to the street address shall not count toward the maximum permitted sign area otherwise allowed.

§ 250-43 Enforcement.

A. Applicability.

(1) Any sign not in conformity with such an approved sign permit shall be deemed a violation of this chapter.

(2) No sign permit shall hereafter be approved or issued except in conformity with the requirements of this chapter.

(3) No permit shall be issued for any sign except in conformity with an approved sign plan or site development plan.

(4) Signs missing their duly issued sign permit display sticker shall be deemed nonpermitted and subject to issuance of a zoning violation.

B. Removal of certain signs. Any sign now or hereafter existing which no longer identifies a use on the subject premises or is not being maintained shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within 10 days after written notification from the Building Inspector, and, upon failure to comply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause removal of such sign. Failure to comply with the notification of the Building Inspector shall constitute a violation of this chapter.

C. Dangerous signs. Should a sign be or become insecure or in danger of falling or otherwise unsafe in the opinion of the Building Inspector, the owner thereof or person maintaining the same shall, upon receipt of written notice from the Building Inspector and, in any case, within five days thereafter, secure the same in a manner to be approved by the Building Inspector. If such order is not complied with, the Building Inspector is hereby authorized to cause removal of such dangerous sign, and any expense incident thereto shall be paid by the owner of the building, structure or premises on which such sign is located. When any sign is in such dangerous condition as to be immediately dangerous to the safety of the public, the Building Inspector is hereby authorized to take such action as in his opinion shall be necessary to protect the public or property.

D. Signs lacking a permit from the proper authority, which have been placed within any highway or street right-of-way, may be confiscated by the Town and may result in the issuance of a citation.

§ 250-44 Nonconforming signs: maintenance, repair and replacement.

A. Nonconforming signs.

(1) Any sign which was in existence prior to the effective date of this chapter and which conformed to the applicable provisions of a prior zoning ordinance but which does not conform to the applicable provisions of this chapter shall be deemed nonconforming, and the display of such sign shall be permitted to continue.

(2) A nonconforming sign shall be removed or brought into conformity with the requirements of this chapter upon a change in use.

B. Maintenance, repair and replacement, removal.

(1) All signs shall be maintained in such a condition so as not to become a nuisance, unsightly or unsafe. All signs, together with their supporting braces, guys, anchors, etc., shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or maintained at all times.

(2) Signs shall be repaired by repainting, by replacement of lettering, wording and accompanying symbols and by repairing structural supports, and such repair shall not be considered an alteration within the meaning of this chapter, provided that:

(a) The outside dimensions of signs as measured herein are not changed;

(b) The location, height, size, materials, and illumination of a sign are not changed; and

(c) No substantial change in lettering, wording or symbols is made.

(3) Nothing in this section shall prevent a sign from being altered so as to become more conforming, provided a permit is obtained.

C. Sign removal. It shall be the responsibility of the property owner to remove or cause to be removed any sign which no longer identifies or ceases to identify an existing business conducted or product sold on the premises within two months from the time the related use/premises are vacated.