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Brewster City Zoning Code

SIGN REGULATIONS

§ 153.215 PURPOSE.

   The purpose of this subchapter is to provide for the use, location and size of signs.
(Ord. 30-1974, § 501.1, passed 7-15-1974)

§ 153.216 PERMITTED SIGNS.

   (A)   The following signs are permitted in all residential (R) and business (B) districts:
      (1)   One name plate not exceeding two square feet in area shall be permitted for each dwelling;
      (2)   A church, school, community center or other public or institutional building may have for its own use an announcement sign or bulletin board not over 20 square feet in area which shall not project into the right-of-way of any dedicated street;
      (3)   One unlighted name plate not more than two square feet in area announcing the name and occupation shall be permitted for a “home occupation.” Such a sign shall not project into the right-of-way of any dedicated street;
      (4)   One unlighted real estate sign not exceeding six square feet in area pertaining only to the sale, lease or rent of a particular building, property or premises upon which it is displayed. Such sign shall not project into the right-of-way of any dedicated street;
      (5)   One temporary real estate sign advertising the development of the premises upon which it stands, or the opening of a new subdivision within which such sign is located and maintained upon the issuance of a temporary six months renewable zoning certificate, and shall be removed from the premises within 30 days of the sale or rental thereof. Such sign shall not exceed 80 square feet in area nor shall it project into the right-of-way of any dedicated street;
      (6)   Signs incidental to the legal process and necessary to the public safety and welfare; and
      (7)   Signs within a completely enclosed building.
   (B)   The following signs are permitted in all business (“B”) districts provided that no business sign shall be located closer than 25 feet to any lot located in a residential (“R”) district:
      (1)   Signs appropriate to a public or quasi-public building for purpose of displaying the name and activities or services therein. Such sign shall not exceed 20 square feet in area and shall be restricted to the premises. Such sign shall not project into the right-of-way of any dedicated street;
      (2)   One unlighted real estate sign not exceeding six square feet in area pertaining only to the sale, lease or rent of a particular building, property or premises upon which it is displayed. Such sign shall not project into the right-of-way of any dedicated street;
      (3)   One temporary real estate sign advertising the development of the premises upon which it stands, or the opening of a new subdivision within which such sign is located may be located and maintained upon the issuance of a temporary six months renewable zoning certificate, and shall be removed from the premises within 30 days of the sale or rental thereof. Such sign shall not exceed 80 square feet in area nor shall it project into the right-of-way of any dedicated street;
      (4)   One exterior business sign may be erected which advertises a business or service conducted upon the premises and/or advertises products, merchandise or commodities stocked and sold on the premises. Such sign shall be affixed flat against the wall of the business or may project therefrom not more than five feet. The bottom of a projecting sign shall be at least ten feet above the finished grade of the building. Projecting signs shall not be over 12 feet in height, and in no case exceed the district height regulations, nor shall exceed 50 square feet per side in area. No sign shall project into the right-of-way of any dedicated street; and
      (5)   One pole type business sign which advertises a business or service conducted upon the premises and/or advertises products, merchandise or commodities stocked and sold on the premises may be permitted, provided that such sign shall not have an area of more than 20 square feet per side. Such sign shall not be over 25 feet in height. The bottom of a projecting sign shall allow at least ten feet below it to ground level. No sign shall project into the right-of-way of any dedicated street.
   (C)   The following signs are permitted in the industrial (“I”) districts provided that no sign shall be located closer than 25 feet to any lot in any residential district:
      (1)   One unlighted real estate sign not exceeding six square feet in area pertaining only to the sale, lease or rent of a particular building, property or premises upon which it is displayed. Such sign shall not project into the right-of-way of any dedicated street;
      (2)   One temporary real estate sign advertising the development of the premises upon which it stands, or the opening of a new industrial park within which such sign is located may be located and maintained upon the issuance of a temporary six months renewable zoning certificate, and shall be removed from the premises within 30 days of the sale or rental thereof. Such sign shall not exceed 80 square feet in area nor shall it project into the right-of-way of any dedicated street;
      (3)   One exterior sign may be erected which advertises a industrial activity conducted upon the premises and/or advertises products, merchandise or commodities produced on the premises. Such sign shall be affixed flat against the wall of the buildings or may project therefrom not more than five feet. The bottom of a projecting sign shall be at least ten feet above the finished grade of the building. Projecting signs shall not be over 12 feet in height, and in no case shall exceed the district height regulations. No sign shall project into the right-of-way of any dedicated street;
      (4)   One non-pole type freestanding sign shall be permitted on the premises of a business or industry provided that said sign shall not exceed ten feet in overall height, including supports, 15 feet in length, and 100 square feet in area per side. No sign shall project into the right-of-any of any dedicated street; and
      (5)   One pole type business sign which advertises a business or service conducted upon the premises and/or advertises products, merchandise or commodities stocked and sold on the premises may be permitted, provided that such sign shall not have an area of more than 20 square feet per side. Such sign shall not be over 25 feet in height. No sign shall project into the right-of-way of any dedicated street.
(Ord. 30-1974, § 501.2, passed 7-15-1974; Ord. 18-1981, passed 7-6-1981; Ord. 30-1984, passed 10-15-1984)

§ 153.217 GENERAL REQUIREMENTS.

   (A)   Signs shall not project over or obstruct the required windows or doors of any building, or attach to or obstruct a fire escape.
   (B)   Signs shall not be erected so as to obstruct traffic sight lines or traffic control lights at street intersections, or signals at railroad crossings.
   (C)   Signs visible from the street shall not contain an arrow or words such as “stop,” “go,” “slow” and the like or otherwise resemble highway traffic or directional signals.
   (D)   No sign shall be located within any public right-of-way.
   (E)   Signs which are illuminated shall use indirect lighting only. The source of light shall not be visible from the street, and no flashing, revolving or intermittent illumination shall be permitted.
(Ord. 30-1974, § 501.3, passed 7-15-1974)

§ 153.218 ZONING CERTIFICATE FEE FOR SIGNS.

   See § 153.439.
(Ord. 30-1974, § 501.4, passed 7-15-1974)

§ 153.219 SPECIAL EVENT SIGNS FOR NONPROFIT ORGANIZATIONS.

   (A)   A SPECIAL EVENTS SIGN within the meaning of this section shall mean an unlighted sign of not more than 12 square feet in area for each standing sign. Any sign must include the name and address of the sponsoring organization. Banners across the roadway must not be more than 30 inches wide and shall be made of flexible material. Other signs under this section may be made from hard surface or flexible material. Signs shall not emit sound.
   (B)   The conditions of displays shall be as follows:
      (1)   A limit of two signs for each special event;
      (2)   A limit of two banners for each event;
      (3)   Signs may be displayed three consecutive days prior to a one day event, and must be removed no later than 11:00 p.m. of the day of the event;
      (4)   Banners across roadways may be installed 30 days prior to the special event, and must be removed within two days after the special event;
      (5)   Any signs and banners to be displayed in the public right-of-way must receive the approval of the Village Council prior to any installation;
      (6)   Any signs or banners on public or private property must be approved by the Zoning Inspector for size and type, and be approved by the property owner;
      (7)   Signs and banners can not create a walking or driving hazard, and can not create a nuisance to surrounding property owners;
      (8)   Special events are activities that will not exceed a five consecutive day limit;
      (9)   Signs displayed for special events that exceed one day, but not more than five days may be displayed 15 days prior to the special event, and will not have to comply with division (B)(3) above under conditions of display; and
      (10)   No fee or permit is required for a special event sign.
(Ord. 30-1974, § 501.5, passed 7-15-1974; Ord. 2-1984, passed 1-3-1984)

§ 153.220 SIGNS EXEMPT FROM REGULATION.

   The following signs shall be exempt from regulation under the Zoning Ordinance. The following signs shall be allowed without a sign permit and shall not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations in this section, if any.
   (A)   Official traffic signs.
   (B)   Government/regulatory signs (public signs). Signs erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification or directional signs for public facilities.
   (C)   Any public information sign and any other notice or warning required by a valid and applicable federal, state or local law, regulation or resolution, or grant.
   (D)   Any sign inside a building, or other enclosed facility, not attached to a window or door which are not meant to be viewed from the outside that is not legible from a distance of more than three feet beyond the building in which such sign is located.
   (E)   Works of art that do not include a commercial message.
   (F)   Scoreboards for athletic fields.
   (G)   Religious, holiday lights and decorations, and seasonal decorations containing no commercial message when displayed during the appropriate time of the year.
   (H)   Vehicular signs, including but not limited to the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.
   (I)   Personal expression signs of any sign type, including flags, provided that they do not exceed three square feet in area per side, are non-commercial in nature, and not illuminated.
   (J)   Signs or emblems of a religious, civil, philanthropic, historical or educational organization that do not to exceed four square feet in area.
   (K)   Private drive signs. One sign per driveway entrance, not to exceed two square feet in area.
   (L)   Address signs. Up to two signs stating address, number and/or name of occupants of the premises and do not include any commercial advertising or other identification.
      (1)   Residential districts. Signs not to exceed three square feet in area.
      (2)   Non-residential districts. Signs not to exceed five square feet in area.
   (M)   Security and warning signs. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with state law.
      (1)   Residential districts. Signs not to exceed two square feet in area.
      (2)   Non-residential districts. Maximum of one large sign per property, not to exceed five square feet in area. All other posted security and warning signs may not exceed two square feet in area.
   (N)   Flags of the United States, the state, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting these conditions shall be considered a sign and shall be subject to regulations as such.
      (1)   Location. Flags and flagpoles shall not be located within any right-of-way. Height: Flags shall have a maximum height of 30 feet.
      (2)   Number. No more than three flags per lot in residential districts; no more than four flags per lot in all other districts; public spaces have no number restriction.
      (3)   Size. Maximum flag size is 24 square feet in residential districts, 35 square feet in all other districts; public spaces have no size restriction.
   (O)   Flags - other. Flags containing commercial messages may be used as permitted freestanding or projecting signs, and, if so used, the area of the flag shall be included in, and limited by the computation of allowable area for signs on the property.
   (P)   Flags - other. Flags up to three square feet in area containing noncommercial messages are considered personal expression signs and are regulated in accordance with § 5.E.
   (Q)   Legal notices.
   (R)   Vending machine and ATM signs.
   (S)   Memorial signs, public monument or historical identification sign erected by the village, including plaque signs up to three square feet in area.
   (T)   Signs which are a permanent architectural feature of a building or structure, existing at the time of adoption of this section.
   (U)   Signs advertising the variety of crop growing in a field. Such signs shall be removed after the growing season.
   (V)   Incidental signs, including incidental window signs.
   (W)   Directional signs provided they do not contain any commercial messaging.
      (1)   Area. No single directional sign shall exceed four square feet in area.
      (2)   Height. Directional signs shall have a maximum height of five feet.
      (3)   Illumination. Directional signs shall be non-illuminated.
   (X)   Art and murals provided such signs do not contain any commercial messaging.
   (Y)   Temporary signs including, but not limited to, yard or garage sale signs; political signs not in the right-of-way and no sooner than      days before the applicable election (must be removed within      days of the applicable election).
(Ord. 10-2020, passed 2-18-2020)

§ 153.221 PROHIBITED SIGNS.

   (A)   All signs not expressly permitted in this chapter, or exempt from regulation pursuant to § 153.220 are prohibited in the village. Such signs include but are not limited to the following:
      (1)   Any signs that imitate, resemble, interfere with, or obstruct official traffic lights, signs, or signals, including but not limited to any signs containing any words or symbols that would cause confusion because of their resemblance to highway traffic control or direction signals.
      (2)   No sign other than a safety sign shall be attached to a standpipe or fire escape.
      (3)   Abandoned signs.
      (4)   Snipe signs. Snipe signs shall only be attached to utility poles in conformance with state and utility regulations and the requirements of this chapter.
      (5)   Mechanical movement signs, including revolving signs.
      (6)   Signs which emit smoke, visible vapors, particulate matter, sound, odor or contain open flames.
      (7)   Reflective signs or signs containing mirrors.
      (8)   Signs which prevent free ingress or egress from any door, window, fire escape, or that prevent free access from one part of a roof to any other part.
      (9)   Any banner or sign of any type suspended across a public street, without the permission of the owner of the property and the village.
      (10)    Roof signs.
      (11)   Signs erected without the permission of the property owner, with the exception of those authorized or required by local, state, or federal government.
      (12)   Any sign containing information which states or implies that a property may be used for any purpose not permitted under the provisions of the Village's Zoning Ordinance.
      (13)   Signs that exhibit statements, words, or pictures of obscene or pornographic subjects as determined by the village.
      (14)   Any sign that promotes illegal activity.
      (15)   Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification or advertising purposes.
      (16)   Signs shall not be located on trees, utility poles, public benches or any other form of public property or in the public right-of-way.
      (17)   Signs advertising goods or services not available on the property, except for short term signs identifying an entity performing work on the premises.
      (18)   Animated signs, flashing signs, or signs that scroll or flash text or graphics except as permitted under changeable copy signs.
      (19)   Inflatable devices or balloon signs, with the exception of balloons used in temporary, non-commercial situations.
      (20)   Pennant strings and streamers, festoon lighting, and searchlights.
      (21)   Animated, flashing, blinking, racer type, moving or revolving signs, whirligig devices, inflatable signs and tethered balloons, streamers, exposed light bulbs, strings of lights not permanently mounted to a rigid background, except those exempt under the previous section, and other similar features.
      (22)   Portable temporary signs with a chassis or support designed to be transported to a site on wheels.
   (B)   Definitions.
      CHANGEABLE COPY SIGN. A sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means, or manually through placement of letters or symbols on a panel mounted in or on a track system. The two types of changeable-copy signs are manual changeable copy signs and electronic changeable copy signs, which include: message center signs, digital displays, and Tri-Vision Boards.
      FESTOON LIGHTING. A type of illumination comprised of either: (a) a group of incandescent light bulbs hung or strung overhead or on a building or other structure, or (b) light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.
      SNIPE SIGN. A sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner. (Also known as bandit sign.)
(Ord. 09-2020, passed 2-18-2020)