Airmont City Zoning Code
ARTICLE VIII
Signs
§ 210-59 Legislative purpose.
A.
The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types and indoor signs visible from outdoors. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the Village, protect architectural and historical heritage of the Village, and provide for a more pleasing and enjoyable community. It is further intended to reduce the sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, and curb the deterioration of the community environment.
B.
This article is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with its surroundings. 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 message clearly and simply to enhance their surroundings.
C.
It is the further intent of these regulations to encourage that any structure occupied for a commercial or industrial use be identified by an approved sign.
D.
The provisions of this chapter shall govern the construction, alteration, repair, display and maintenance of all signs together with their appurtenant and auxiliary devices.
E.
Any non-English text on directional and locational signs shall be repeated in English and the appearance and lighting of the sign if necessary, shall be approved by the Planning Board.
§ 210-60 Compliance required.
All signs permitted in the Village shall comply with the requirements and procedures as set forth in this article.
§ 210-61 Permit required.
Except as specifically exempted in this article, no sign shall hereafter be erected, re-erected, constructed, enlarged or altered without a sign permit.
§ 210-62 Exempt signs.
The following types of signs may be erected and maintained without permits or fees, providing such signs comply with the general requirements of this article and other conditions specifically imposed by the regulations:
A.
Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel, or similar material; and emblems installed by government agencies, religious or nonprofit organizations: not exceeding four square feet.
B.
Flags and insignia of any government, except when displayed in connection with commercial promotion.
C.
On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, as shown on an approved site development plan or installed pursuant to order of traffic control agencies and shall conform to the Manual of Uniform Traffic Control Devices, New York State Department of Transportation.
D.
Non-illuminating warning, private drive, posted or no trespassing signs: not exceeding two square feet per face and not more than one sign per 100 feet of street frontage.
E.
One on-premises sign, either freestanding or attached, in connection with any residential building in any zoning district, for approved home professional office or home occupation: not exceeding two square feet and set back at least 15 feet from the edge of pavement, but shall not be within the designated street line. Such sign may state name and vocation only.
F.
Number and name plates identifying residents, mounted on house or mailbox: not exceeding one square foot in area.
G.
Lawn signs identifying resident: not exceeding one square foot.
H.
Private-owner merchandise sale sign for garage sale or auction: not exceeding four square feet on owner's property only for a period not exceeding seven days.
I.
Temporary "for sale" or "for rent" real estate sign concerning the premises upon which the sign is located. In a residential zone, one sign not exceeding 15 square feet in sign area, no more than nine square feet of sign area for a single sign face. In a nonresidential zone, one sign not exceeding 30 square feet in sign area; said sign must be set back at least 15 feet from edge of pavement, but shall not be within the designated street lines. All such signs shall be removed within three days after the sale, lease or rental of the premises.
J.
Temporary window signs and posters placed on the interior side of the window and not exceeding a total area of 25% of the window surface for a period not exceeding 30 days.
K.
At gasoline service stations:
L.
One sign, not exceeding six square feet in sign area in residential districts or 16 square feet in sign area in the nonresidential districts, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress. Said signs shall be removed upon occupancy of the structure or 30 days following issuance of a certificate of occupancy, whichever occurs first. Where the contractor's work does not involve a certificate of occupancy or reoccupancy, the sign shall be removed within 30 days. At or adjacent to premises in commercially zoned property owned, occupied or rented by a tax-exempt organization [as said term is defined by Internal Revenue Code Section 501(c)(3)], one portable sign may be maintained by such tax-exempt organization, per location, not to exceed 36 square feet in size.
§ 210-63 Prohibited signs.
The following signs are prohibited:
A.
Signs illuminated by or containing flashing, intermittent, rotating or moving lights except to show time and temperature.
B.
Exterior advertising signs and billboards.
C.
Signs representing or depicting to any degree official traffic signs or signals.
D.
Signs of a prurient nature or advertising business, commodities or service of a prurient nature or any unlawful business or undertaking.
E.
Permanent signs made of cardboard, paper or similar nonpermanent material.
F.
Signs mounted on parked vehicles or trailers or other similar mobile advertising media.
G.
Signs attached to trees, utility poles, fences, traffic signs, street corner markers, or the like.
H.
A sign attached to a building shall not exceed more than 15 inches from the building wall, and no sign or sign support shall be placed upon the roof of any building, nor shall any sign extend above the top of any roof or wall facade.
I.
Signs which emit noise, sound or smoke.
J.
Animated signs, whether by mechanical or electrical processes, including signs with banners, streamers, spinners or other paraphernalia attached to or associated with such signs.
K.
Signs which project over a street or signs which project more than three feet over a public walk.
L.
Freestanding signs except one ground level, monument-type sign may be permitted in accordance with § 210-65B(5) herein, or alternatively, one freestanding directory sign may be substituted for a freestanding monument sign, if a substantial portion of the businesses for which the sign is proposed are located in buildings that are set back at least 300 feet from the public right-of-way, or if in the Planning Board's judgment the structure or use to be identified is not sufficiently visible from the street. Freestanding directory signs are subject to regulations found in § 210-65B(6). See definitions for "monument sign" and "freestanding directory sign."
M.
Illuminated signs on residentially zoned properties.
N.
Exterior signs using neon or phosphorescent colors.
§ 210-64 Temporary signs.
A.
Permit required.
(1)
Any person desiring to post or display political or other temporary signs shall file an application for a temporary sign permit on forms prescribed by the Building Inspector (subject to the next sentence), and such application shall be accompanied by the required fee (if any), including security deposit, to assure removal in accordance with the Standard Schedule of Fees of the Village of Airmont. Said form of permit application to be promulgated by the Building Inspector shall require only the name and address of the sign applicant, the purpose and general description of the content of the sign(s) (for sign identification purposes only) and the estimated date of commencement of the display of the sign(s) and removal date.
(2)
Political and other temporary signs posted or displayed within the Village of Airmont shall be in accordance with this section.
(3)
Political and other temporary signs shall be granted permits in accordance with this section, provided that such signs are not attached to trees, utility poles, traffic signs, or street corner markers, and further provided that such signs are not placed in a position that will obstruct or impair vision of a roadway or traffic or in any manner create a hazard to the health and safety of the general public. Any such sign not in compliance with the foregoing shall subject both the sign applicant and the owner of the property on which such sign is located to penalties pursuant to § 210-68 of this article. Signs placed in violation of this article may be removed and discarded by the proper Village official if (a) no sign permit had been obtained for the placement of such sign anywhere in the Village of Airmont pursuant to the permit application procedure set forth in this article, or (b) such sign has been placed in a position that will obstruct or impair vision of a roadway or traffic or in any manner create a hazard to the health and safety of the general public. Except as set forth in the preceding sentence, signs placed in violation of this article shall not be removed by any Village official without the order of a court of competent jurisdiction.
(4)
Any licensed real estate broker or owner of a residential home may display a temporary "open house" sign on the property that is for sale for a period of no longer than six hours for each open house, consistent with the requirements of § 210-62I. Additionally, any licensed real estate broker and/or owner of a residential home for sale may display directional signs to the subject premises for sale, provided there are no more than six such directional signs for each open house and that such directional signs are displayed no longer than six hours for each open house. Such directional signs shall also be consistent with the requirements of § 210-62I, except that said directional signs need only be set back at least two feet from the edge of a paved road or the paved portion of a shoulder or existing sidewalk. Furthermore, no "open house" or directional sign to an open house shall have any attachment to the temporary signs, including, but not limited to, balloons, flyers or other items. Any licensed real estate broker may apply for, and maintain with the Building Inspector, an annual, unlimited permit to display "open house" signs and directional signs at various locations within the Village of Airmont consistent with this subsection upon deposit as security with the Building Inspector of $500 by check, which shall not be cashed by the Building Inspector except upon violation of this subsection. An owner of a residential home for sale that is for sale by owner shall deposit as security with the Building Inspector in order to obtain the permit covered by this section $100 by check, which shall not be cashed by the Building Inspector except upon violation of this subsection. The posting or displaying of any temporary "open house" signs and directional signs included in this section shall require the filing of an application for a temporary sign permit on a form prescribed by the Building Inspector pursuant to § 210-64A(1) of this article.
B.
Penalties for offenses.
(1)
Upon conviction of any requirement contained within this section, the Village Justice or any other court of competent jurisdiction may issue a monetary fine of not less than $50 and not more than $125 per offense. The amount of any fines issued hereunder is left to the sound discretion of the court within the confines set forth herein.
C.
Disposition of fees.
(1)
Whenever a fee for permit required under § 210-64 is deposited by the Village of Airmont Building Inspector and is held by the Village of Airmont, in the event a fine issued by the court is less than the amount of the permit application fee, the difference shall be promptly returned by the Village to the applicant promptly after removal of all signs for which a permit has been applied for and the permit is returned by the applicant to the Village of Airmont Building Department.
(2)
Whenever a fee is deposited with the Village of Airmont for a permit under this section, said fee shall be returned by the Village promptly after removal of all signs for which a permit has been applied for and the permit is returned by the applicant to the Village of Airmont Building Department.
D.
Temporary and political signs.
(1)
Political signs shall be removed within one week immediately following the nomination, primary, election or referendum to which it pertains.
(2)
If such removal is not made within the specified time, the Village shall have such signs removed and the security deposit shall be forfeited to the Village to defray the cost of removal of such signs and for general Village purposes.
(3)
Temporary political signs promoting the election of individuals to public office, provided they shall be removed within seven days following the election. Such signs shall not be embellished by balloons, streamers or other distractive adornments. Any such signs shall be placed on property with the permission of the owner. Any sign placed on or over the street or road right-of-way may be permitted, provided any such sign placed within any right-of-way shall not create any sight or visual obstruction on said street or roadway right-of-way.
(4)
No temporary or political sign may exceed 16 square feet per sign in sign area in a commercial district, nor eight square feet per side in a residential district.
(5)
Signs erected for a relatively short period of time, which may include posters, announcements, banners and pennants and other similar objects. Sign shall be removed immediately following the cessation of the event or special sale or activity mentioned in the permit.
(6)
If such sign is not removed within the specified time, the Village shall have such signs removed and the security deposit shall be forfeited to the Village to defray the cost of removal of such signs and for general Village purposes.
(7)
Temporary signs, other than political signs, located within a store advertising merchandise for sale in the premises where such temporary signs are displayed shall be exempt from the permit and security deposit provision.
(8)
No temporary sign subject to this section, other than a political sign, may be posted for more than 30 days.
§ 210-65 Permanent signs.
A.
Permit required.
(1)
Application for a sign permit shall be made to the Building Inspector on forms prescribed by the Building Inspector and shall be accompanied by the required fee in accordance with the Standard Schedule of Fees of the Village of Airmont.
(2)
The Building Inspector, upon receipt of an application for a sign permit, shall review the same. If the sign requested has been approved on a site development plan or a sign plan approved by the Planning Board, the Building Inspector shall issue a sign permit.
(3)
If there is neither a sign plan approval nor site plan approval, the Building Inspector may issue a sign permit if said sign requested meets the criteria contained in Subsection A(5), B or C, or whichever is applicable. If after a review of the proposed sign, the Building Inspector shall determine the sign does not meet all the criteria of this article, he shall deny such permit.
(4)
If the sign permit has been denied by the Building Inspector, the applicant must submit an application to the Planning Board for either site development plan approval or sign plan approval, whichever is applicable. Upon the approval of a site development plan or a sign plan by the Planning Board, a copy of the approved plan shall be transmitted to the Building Inspector.
(5)
The Planning Board, in reviewing and approving a site development plan or sign plan, 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 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 sign or other safety device nor be composed of elements depicting in exaggerated size or grotesque style the use upon the lot.
(6)
All signs, together with their supportings, 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.
B.
Business identification signs (nonresidential districts).
(1)
A building devoted to entirely one use or establishment, one indirectly illuminated sign may be located on the building facade facing the frontage street or streets, with a total sign area of each such sign not to exceed 10% of the wall area of each building facade, but in no event more than 100 square feet.
(2)
In the case of a building devoted to more than one use or establishment, one indirectly illuminated sign for each such use or establishment may be located on the building facade facing the frontage street or streets, with a total sign length of each such sign not to exceed 70% of the building facade length associated with each such use or establishment, but in no event more than 100 square feet.
(3)
The vertical dimension of all business identification signs shall not exceed 2 1/2 feet.
(4)
A sign attached to a building shall not exceed more than 15 inches from the building wall except for a perpendicular sign which may extend up to three feet upon approval of the Planning Board. No sign shall be placed on any roof, nor extend above the roof or extend above the wall facade.
(5)
If, in the Planning Board's judgment, a structure or use to be identified is not sufficiently visible from the street, one freestanding (monument type) business identification sign may be located on a lot facing each frontage street, as directed by the Planning Board, with a total sign area of each such sign not to exceed 40 square feet of sign area and provided that each such sign shall be set back a minimum of 15 feet from the edge of pavement, but not within the designated street line. The top of such sign shall not be higher than four feet above average finished grade. Such signs shall not be illuminated by exposed tubes, bulbs, or similar and there shall be no exterior spot lighting or other illumination of such sign that will cause any glare on the street or any adjoining property. Said sign shall only identify the occupant of the property. It may identify a retail center, but not the individual business.
(6)
Freestanding directory signs may be permitted subject to the following regulations:
(a)
Such sign shall be permitted to identify the name of the shopping center, and the names of the businesses within the shopping center. If the name of a business is included within the name of the shopping center or plaza, such business shall not be included a second time on the sign as an individual business. No description of service provided shall be permitted on the sign, unless it is part of the name of the business.
(b)
No more than one freestanding sign shall be permitted to identify any or all businesses in a particular shopping center or plaza whether said particular center or plaza is on one or more lots.
(c)
Design, lighting, and lettering, and color shall be uniform on the sign and lettering for all business within business name portion of the sign shall be identical in height and style.
(d)
Such sign shall not interfere with sight distance requirements at driveways to and from the property on which the sign is proposed.
(e)
The height of the sign shall be restricted to 17 feet and width shall be restricted to 10 feet, but in no event shall such sign exceed the total sign area provided in Subsection B(6)(g) below.
(f)
No portion of the sign shall be less than six feet from the ground in order to assure adequate site distance.
(g)
The total sign area shall be restricted to 136 square feet for a two-sided sign, in accordance with the definition of sign area in Article XVIII of this Zoning Code or 68 feet for a single side of the sign. The sign area for all business name signs and the shopping center name sign shall be used when computing the total sign area.
(h)
Each business name sign shall not exceed one foot in height by four feet in length on each side, except for the name of the shopping center, which shall not have a height which exceeds three feet on each side or eight feet in length.
(i)
The sign shall be set back at least 15 feet from the pavement, and shall not be permitted within the designated street line.
C.
Business identification signs (residential districts).
(1)
One sign affixed to the front facade of the principal building may be provided and shall not exceed 5% of said building facade sign wall area, but in no event more than 50 square feet of sign area. Such sign may be indirectly illuminated by a constant light integral to the sign, but may not be illuminated after 11:00 p.m.
(2)
The vertical dimension of all business identification signs in a residential district shall not exceed two feet.
(3)
A sign attached to a building shall not extend more than 15 inches from the building wall, and shall not be located on the roof or extend above the roof level of the building, or extend above any wall facade.
(4)
If in the Planning Board's judgment, a structure or use to be identified is not sufficiently visible from the street, one freestanding (monument type) business identification sign may be located on a lot facing each frontage street, as directed by the Planning Board, with a total sign area of 20 square feet in area, located at least 15 feet from edge of pavement but not within the designated street line. The top of such shall not be higher than four feet above the average finished grade. Such signs may be indirectly illuminated by a constant light integral to the sign.
D.
Places of worship, assembly, libraries, museums, social clubs.
(1)
One sign or bulletin board, customarily incidental to such uses, may be erected on the premises of such institutions for each entrance on a different street or highway.
(2)
Such sign may not exceed 24 square feet in sign area and shall be set back a minimum of 15 feet from the edge of pavement but not within the designated street line.
(3)
Signs may be illuminated but shall not be illuminated by exposed tubes, bulbs, or similar exposed light sources and there shall be no exterior spot lighting or other illumination of any such sign that will cause any glare on the street or any adjoining property. In residential zones, said illumination shall be turned off by 11:00 p.m.
§ 210-66 Nonconforming signs.
A.
Any sign legally in existence prior to the effective date of this chapter, 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.
B.
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign. Any maintenance or repair of a nonconforming sign shall not cost more than 50% of the current depreciated value of the sign as of the date of the repair.
§ 210-67 Removal of signs.
A.
Any sign, including all structural supports and frame, 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, with this cost assigned back to the property owner.
B.
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, and any expense incident thereto shall be paid by the owner of the sign.
§ 210-68 Enforcement.
Any person, firm or corporation, whether as owner, lessee, agent or employee, who proceeds to erect, re-erect, construct or structurally alter any sign without first applying for and obtaining the necessary permit, or who in any other way violates any provision of this article, shall be liable to penalties as imposed in Article XIV, § 210-152, of this chapter.
§ 210-69 Adjustment of regulations.
Where the Planning Board finds that, because of special circumstances of a particular site, extraordinary difficulties may result from strict compliance with these regulations, it may adjust the regulations so that substantial justice may be done and the public interest secured, provided that any such adjustment will not have the effect of nullifying the intent and purpose of these regulations. In granting any adjustment, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the regulations so adjusted.