Town of North Salem, NY
Westchester County
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Table of Contents
Table of Contents

§ 250-37 General sign regulations.

[Amended 11-8-2011 by L.L. No. 5-2011]
Pursuant to § 274-a of the Town Law, the Planning Board is authorized to adopt, subject to § 250-120, rules and regulations which may include standards for signs and related sign lighting. Signs validly erected prior to the adoption of this chapter are permitted subject to the provisions of §§ 250-44 and 250-80.

§ 250-38 Permit required.

[Amended 11-8-2011 by L.L. No. 5-2011]
Signs shall hereafter be erected, reerected, constructed, 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 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, color, yard setbacks or illumination requirements of the approved sign and so long as there is no change in the size or color of the lettering.
C. 
All signs shall comply with the size, yard and illumination requirements herein except as provided in § 250-39.

§ 250-39 Exempt signs.

[Amended 11-8-2011 by L.L. No. 5-2011]
A. 
The provisions of this article shall not apply to the following types of signs:
(1) 
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).
B. 
The provisions of this article shall not apply to the following signs so long as the sign meets the size, height, setback and placement specifications or time frames indicated; if the sign exceeds any of the specifications listed herein, then a sign permit is required from the Planning Board:
(1) 
For any premises for sale or for rent, one temporary nonilluminated "for sale" or "for rent" sign, not over four square feet in area and located at least five feet from any front lot line. Such signs must be removed within three days from a closing.
(2) 
Temporary signs in any district pertaining to and displayed during campaigns, drives or events of civic, political, philanthropic or educational institutions, provided that such signs are displayed not more than 10 days before the event and removed three days after the event. Signs shall not exceed four square feet in size.
(3) 
Temporary, nonilluminated construction signs, not exceeding four square feet in area, identifying the project under construction, participating designers, contractors or developers. Such a sign shall be permitted only on the property upon which the construction occurs and only during the construction period of the project, but not to exceed a period of six months.
(4) 
Signs not visible outside of a building.
(5) 
Temporary signs not to exceed two square feet in size for garage, barn or tag sales, provided that such signs contain the name of the seller and date of the sale, are displayed only two days prior to the sale and are removed three days after the sale.
(6) 
"No trespassing" and "private property" signs, provided that such signs do not exceed two square feet in size and are mounted no higher than seven feet from grade level. Multiple signs along a property line shall be the minimum necessary to be conspicuous.
(7) 
For any commercial use subject to site plan review, on-site directional signs, provided that such signs do not exceed two square feet in size and are placed at least 20 feet from road frontage.
(8) 
For any dwelling, farming operation, home occupation or professional office, one nameplate and/or one identification sign for each entrance, not to exceed two square feet in area. The height of any freestanding sign shall not exceed six feet.

§ 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 artifical light is not maintained stationary and constant in intensity and color at all times when in use.
B. 
Exterior advertising signs and billboards.
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 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.
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.
J. 
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.

§ 250-40.1 Permitted signs.

[Added 11-8-2011 by L.L. No. 5-2011]
The following require 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, facing the frontage street, 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. In no event shall the lettering on a facade sign exceed one foot in height.
B. 
For any nonresidential establishment (site, use): one freestanding indirectly illuminated identification or directory sign not over eight square feet in area, to be placed at least 10 feet from the front lot line. 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, a second sign, either freestanding or on a facade, not to exceed four square feet in area, may be allowed. If freestanding, the sign must be located at least 10 feet from a lot line and shall not exceed six feet in height. In no event may one establishment have more than two freestanding signs. All other conditions for nonresidential signs apply.
D. 
Multiple business directory signs. One freestanding indirectly illuminated identification multiple business directory sign not over 10 square feet in area may be allowed subject to special permit of the Town Board and sign permit approval from the Planning Board.

§ 250-41 Application procedure.

[Amended 11-8-2011 by L.L. No. 5-2011]
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. 
The Building Inspector, upon receipt of a resolution of approval from the Planning Board for a sign permit, shall issue a sign permit and a display sticker, which shall be prominently affixed to each sign and visible from the street on which the sign abuts.
C. 
If there is no sign permit approval or site 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.

§ 250-42 Additional requirements.

The Planning Board, in promulgating site development plan rules and regulations, shall provide for a limitation on the size of signs, type and characteristics of illumination, number and location, taking into consideration the uses on the site and the reasonable requirement for communicating information to the vehicular or pedestrian public. The Planning Board shall consider 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.
C. 
The sign content shall not hawk or peddle and must 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.
E. 
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.

§ 250-43 Enforcement.

A. 
Applicability. Any sign not in conformity with such an approved sign permit shall be deemed a violation of this chapter. No sign permit shall hereafter be approved or issued except in conformity with the requirements of this chapter and the site development plan rules and regulations, as adopted. No permit shall be issued for any sign except in conformity with an approved sign plan or site development plan.
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.

§ 250-44 Nonconforming signs.

[Amended 11-8-2011 by L.L. No. 5-2011]
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.