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Brooklyn Heights City Zoning Code

CHAPTER 1284

Signs

1284.01 INTENT.

   The sign regulations are established in order to achieve, among others, the following purposes:
   (a)   To promote and protect the public health, safety, and welfare by regulating existing and proposed signs of all types;
   (b)   To protect the property values, create a visually attractive business environment and to enhance and protect the physical appearance of the Village;
   (c)   To control the size, location and design of signs so that they will be aesthetically harmonious with their surroundings;
   (d)   To provide review procedures which enable the Village to comprehensively evaluate the appropriateness of the sign to the site, building and surroundings; and
   (e)   To promote the most desirable development and economic activity in accordance with the development objectives of the Village.
(Ord. 73-94. Passed 10-4-94.)

1284.02 COMPLIANCE REQUIRED.

   Signs shall be designed, erected, altered, reconstructed, moved or illuminated, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.
   The construction, erection, safety and maintenance of all signs shall be also in accordance with the provisions set forth in the Village Building Code.
(Ord. 73-94. Passed 10-4-94.)

1284.03 DEFINITIONS.

   As used in this chapter:
   (a)   “Bulletin Board” means an announcement which directs attention to, and is located on the land of, a public or semipublic facility.
   (b)   “Canopy Sign” means a sign attached to the soffit or facia of a canopy, to a covered entrance or walkway, or to a permanent awning or marquee.
   (c)   “Development Sign” means a sign which directs attention to the promotion, development, construction, rental, sale, or lease of property on which it is being constructed, bears the name of the contractors, and is on the premises only during the construction of said development.
   (d)   “Ground Sign” means a freestanding sign which has a supporting base as an integral part of the sign and resting totally or primarily on the ground.
   (e)   “Nameplate” means a sign indicating the name, address or the profession of the person or persons occupying the lot or a building.
   (f)   “Permanent or Temporary Window Signs” means a sign painted, attached or affixed to the interior or exterior surface of windows or doors of a building.
   (g)   “Pole Sign” means a sign which is supported wholly by a pole and designed so as to permit pedestrian or vehicular traffic thereunder. (Such signs are not permitted.)
   (h)   “Projecting Sign” means a sign, other than a wall sign, erected on the outside wall of a building and which projects out at an angle from the wall. (Such signs are not permitted.)
   (i)   “Residential For Sale or For Lease Sign” means a sign which announces the sale or lease of a property and indicates the owner, realty agent, telephone number or open house information.
   (j)   “Temporary Sign” means a sign of any type to announce special events or sales designed for use for a limited time period.
   (k)   “Wall Signs” means a sign integral with the exterior face of an exterior wall or parallel with the wall and projecting no more than twelve inches from the wall.
(Ord. 73-94. Passed 10-4-94.)

1284.04 RESIDENTIAL AND INSTITUTIONAL DISTRICTS SIGNS.

   The following signs are permitted within all Residential Districts, but subject to the provisions of this chapter.
   (a)   Nameplates. One nameplate, indicating the occupant's name and, in the case of home occupations, the occupant's business, not exceeding one square foot in area, shall be permitted.
   (b)   For Sale and For Rent Signs. One “for sale” or “for rent” sign pertaining to the property shall be permitted so long as the sign does not exceed six square feet in area or be of greater height than four feet. Such signs shall not be located nearer to the street side than five feet in front of the building set back line nor nearer than ten feet to a side lot line. In no case shall such sign be illuminated.
   An owner of such zoning lot shall be permitted to display only one such “for sale” sign at one time and then for no longer than 90 days. An owner or occupant of a zoning lot shall be permitted to display a “for rent” sign once for each vacancy of a rental unit, and then for no longer than 90 days at one time, nor longer than 90 days if displayed on more than one occasion for the same vacancy of the same rental unit.
   (c)   Subdivision Development Signs. Subdivision development “for sale” signs shall be permitted when the subdivision is less than 50% developed with homes, and if located no closer than 200 feet to any occupied residence and the sign does not exceed 60 square feet in area. Such signs may be illuminated if not of excessive brightness and if shielded from adjacent residences or streets.
   (d)   Bulletin or Announcement Boards. One bulletin or announcement board may be located on the property of public, charitable or religious institutions so long as it does not exceed sixteen square feet in area nor five feet in height. A bulletin or announcement board may be illuminated if not of excessive brightness and if shielded from adjacent residences or streets.
   (e)   Institutional Signs. An institutional use may have one identification sign per zoning lot, which shall not exceed 12 square feet in area.
(Ord. 73-94. Passed 10-4-94.)

1284.05 RETAIL BUSINESS DISTRICT SIGNS.

   The following signs are permitted within all Retail Business Districts, but subject to the provisions of this chapter.
   (a)   Business Signs. Business signs, excluding advertising signs or billboards, shall be limited to the name of the business or service conducted or the goods sold on the premises.
   (b)   Determining the Area of Business Signs. The total area of all signs permitted herein shall not exceed one and one-half square feet for each foot of the frontage of the building on the major street. On corner lots, forty percent of the building width facing the side street may be included in determining the maximum area of signs. A building having access to parking areas in the rear or side may have an additional sign not exceeding one square foot of sign for each horizontal foot of wall of the building facing the parking area. The square footage for the front and side walls cannot be accumulated into one sign. The area of specific types of business signs shall be determined by the following:
      (1)   Wall signs. Wall signs attached to and approximately parallel to the building shall not exceed 60 square feet in area, one dimension of which shall not exceed two and one-half feet.
      (2)   Ground signs. In addition to the other types of permitted signs, one free-standing ground sign per parcel, having a height of not more than five feet and a width of not more than 12 feet, may be erected, with a total sign area not to exceed 30 square feet, on each face, provided that landscaping is placed around the free-standing ground sign.
      Such ground signs shall be constructed of brick, stone, or precast panels, any one of which must be approved by the Building Inspector. The sign shall be located in front of the setback line, shall be perpendicular to the public street and shall be at least five feet in back of the dedicated portion of the public street.
      (3)   Window signs. Window signs, including posters, signs and stickers, announcing sales, new products or special business events, may be permitted in addition to the maximum gross area of a permanent business sign if located on the inside of windows or doors of a business establishment. Such signs shall not exceed 20% of the show or display window or door area. In no case shall window signs be displayed for more than 30 consecutive days.
      (4)   Business development signs. Business development “for sale” or “for lease” signs shall be permitted when the development is less than 50 % developed with business establishments, and if located no closer than 200 feet to any occupied residence and the sign does not exceed 60 square feet in area. Such signs may be illuminated if not of excessive brightness and if shielded from adjacent residences or streets.
   (c)   Placement of Business Signs. No wall sign shall extend higher than the ridge line or top of the parapet wall of the building. No part of any sign shall extend into the public right-of-way, including its full width, and no part shall extend closer to a residential lot line than 15 feet. In the case of a sign on a vacant lot, no part of the sign shall be located in front of the building setback line. Subject to the above square footage limits, not more than two signs shall be permitted on a front wall and only one sign on a side wall.
   (d)   Sign Illumination. When signs are illuminated, their light source shall not be of excessive brightness, or cause a glare hazardous to pedestrians or auto drivers, or be objectionable to adjacent Residential Districts.
   (e)   Temporary Signs. Temporary outdoor signs, banners, or streamers may be permitted for not more than 180 days in each year for each establishment.
(Ord. 73-94. Passed 10-4-94; Ord. 15-02. Passed 2-5-02.)

1284.06 COMMERCIAL SERVICE DISTRICT SIGNS.

   The following signs are permitted within all Commercial Service Districts, but subject to the provisions of this chapter.
   (a)   Commercial Signs. Business signs, excluding advertising signs and billboards, shall be limited to the name of the business or service conducted or goods sold on the premises.
   (b)   Determining the Area of Commercial Signs. The total area of all signs herein permitted shall not exceed one and one-half square feet for each foot of the frontage of the building on a major street. On corner lots, 40 % of the building width facing the side street may be included in determining the maximum area of signs. A building having access to parking areas in the rear or side may have an additional sign not exceeding one square foot of sign for each horizontal foot of wall of the building facing the parking area. The square footage for the front and side walls cannot be accumulated into one sign. The area of specific types of commercial signs shall be determined by the following:
      (1)   Wall signs. Wall signs attached to and approximately parallel to the building wall shall not exceed 96 square feet in area, one dimension of which shall not to exceed four feet.
      Where the subject building is occupied by more than one tenant, the following shall apply:
         A.   Each tenant shall be entitled to a wall sign not to exceed 64 square feet; and
         B.   The building may have a tenant directory in front of the building which shall be no more than five feet high and four feet wide, with individual tenant listings no more than six inches in height.
      (2)   Ground signs. In addition to the other types of permitted signs, one free-standing ground sign per parcel, having a height of not more than five feet and a width of not more than 12 feet, may be erected, with a total sign area not to exceed 30 square feet, on each face, provided that landscaping is placed around the free-standing ground sign.
      Such ground signs shall be constructed of brick, stone, or precast panels, any one of which must be approved by the Building Inspector. The sign shall be located in front of the setback line, shall be perpendicular to the public street and shall be at least five feet in back of the dedicated portion of the public street.
      (3)   Window signs. Window signs, including posters, signs and stickers, announcing sales, new products or special business events may be permitted in addition to the maximum gross area of a permanent business sign if located on the inside of windows or doors of a business establishment. Such signs shall not exceed 20% of the show or display window or door area. In no case shall window signs be displayed for more than 30 consecutive days.
      (4)   Business development signs. Business development “for sale” or “for lease” signs shall be permitted when the development is less than 50% developed with business establishments, and if located no closer than 200 feet to any occupied residence and the sign does not exceed 60 square feet in area. Such signs may be illuminated if not of excessive brightness and if shielded from adjacent residences or streets.
   (c)   Placement of Commercial Signs. No wall sign shall extend higher than the ridge line or top of the parapet wall of the building. No part of any sign shall extend into the public right-of-way, including its full width, and no part shall extend closer to a residential lot line than 15 feet. In the case of a sign on a vacant lot, no part of the sign shall be located in front of the building setback line. Subject to the above square footage limits, not more than two signs shall be permitted on a front wall and only one sign on a side wall.
   (d)   Sign Illumination. When signs are illuminated, their light source shall not be of excessive brightness, or cause a glare hazardous to pedestrians or auto drivers, or be objectionable to adjacent Residential Districts.
   (e)   Temporary Signs. Temporary outdoor signs, banners, or streamers may be permitted for not more than 180 days in each year for each establishment.
(Ord. 73-94. Passed 10-4-94; Ord. 15-02. Passed 2-5-02.)

1284.07 LIMITED INDUSTRIAL AND GENERAL INDUSTRIAL DISTRICTS SIGNS.

   (a)   Limited and General Industrial Signs. Any sign within a Limited or General Industrial District shall be limited to the name of the business or service conducted.
   (b)   Determining the Area of Industrial Signs. The total area of all signs herein permitted shall not exceed one and one-half square feet for each foot of the frontage of the building on a major street. On corner lots, 40% of the building width facing the side street may be included in determining the maximum area of signs. A building having access to parking areas in the rear or side may have an additional sign not exceeding one square foot of sign for each horizontal foot of wall of the building facing the parking area. The square footage for the front and side walls cannot be accumulated into one sign. The area of specific types of commercial signs shall be determined by the following:
      (1)   Wall signs. Wall signs attached to and approximately parallel to the building wall shall not exceed 150 square feet in area.
      Where the subject building is occupied by more than one tenant the following shall apply:
         A.   Each tenant shall be entitled to a wall sign not to exceed 64 square feet; and
         B.   The building may have a tenant directory in front of the building which shall be no more than eight feet high and four feet wide, with individual tenant listings no more than six inches in height.
      (2)   Ground signs. In addition to the other types of permitted signs, one free-standing ground sign per parcel, having a height of not more than five feet and a width of not more than 12 feet, may be erected, with a total sign area not to exceed 40 square feet, on each face, provided that landscaping is placed around the free-standing ground sign.
      Such ground signs shall be constructed of brick, stone, or precast panels, any one of which must be approved by the Building Inspector. The sign shall be located in front of the setback line, shall be perpendicular to the public street and shall be at least five feet in back of the dedicated portion of the public street.
      (3)   Industrial development signs. Business development “for sale” or “for lease” signs shall be permitted when the development is less than 50% developed with business establishments, and if located no closer than 200 feet to any occupied residence and the sign does not exceed 60 square feet in area. Such signs may be illuminated if not of excessive brightness and if shielded from adjacent residences or streets.
   (c)   Placement of Industrial Signs. No wall sign shall extend higher than the ridge line or top of the parapet wall of the building. No part of any sign shall extend into the public right-of-way, including its full width, and no part shall extend closer to a residential lot line than 15 feet. In the case of a sign on a vacant lot, no part of the sign shall be located in front of the building setback line. Subject to the above square footage limits, not more than two signs shall be permitted on a front wall and only one sign on a side wall.
   (d)   Sign Illumination. When signs are illuminated, their light source shall not be of excessive brightness, or cause a glare hazardous to pedestrians or auto drivers, or be objectionable to adjacent Residential Districts.
   (e)   Temporary Signs. Temporary outdoor signs, banners, or streamers may be permitted for not more than 180 days in each year for each establishment.
(Ord. 73-94. Passed 10-4-94; Ord. 15-02. Passed 2-5-02.)

1284.08 APPLICATION FOR PERMITS.

   (a)   No person shall erect, construct, or alter a sign in the Village without first obtaining a permit therefor from the Building Inspector or his or her authorized representative.
   (b)   All sign permit applications shall be accompanied by two black and white sketches and one color sketch of the proposed sign showing the dimensions, layout, and design and the color of the letters and lines of the sign, together with the following information:
      (1)   The setback of the building from the centerline of the street it fronts on;
      (2)   The linear frontage of the building or unit;
      (3)   The total area of any sign now on the building or property;
      (4)   The elevation of the building showing the proposed sign on it;
      (5)   A photograph of the building showing any existing sign; and
      (6)   For a free-standing ground sign, a site plan of the property and the proposed location of the sign.
   (c)   An application for the erection or alteration of a sign under this Zoning Code shall be submitted to the Building Inspector and shall be approved by the Building Inspector. The applicant will be charged a fee as established by the Village.
   (d)   A denial of a permit may be appealed to the Board of Zoning Appeals as if the decision had been made solely by the Building Inspector.
(Ord. 73-94. Passed 10-4-94.)

1284.09 MAINTENANCE AND REMOVAL OF SIGNS.

   (a)   All signs and sign structures shall be maintained in a safe and attractive condition. Signs which no longer serve the purpose for which they were intended, or which have been abandoned or which are not maintained in accordance with this chapter and other applicable regulations of the Village, shall be removed by the latest permit holder or by the Village at the expense of the permit holder.
   (b)   Whenever the removal or maintenance of any sign has been ordered by the Building Inspector, the person, firm or corporation who erected such sign or on whose premises such sign or display structure has been erected, affixed or attached shall remove or maintain the sign within forty-eight hours after receiving such notice. In the event of noncompliance, the Building Inspector may remove or cause to be removed or maintain such sign at the expense of the person, firm or corporation who erected such sign or on whose premises it was erected, affixed or attached. Each person, firm or corporation shall be individually and separately liable for the expense incurred in the removal of such sign.
(Ord. 73-94. Passed 10-4-94.)

1284.10 NONCONFORMING SIGNS.

   A sign, which on the effective date of this chapter, does not conform with these regulations or subsequent amendments, shall be deemed a nonconforming sign.
   Any permanent graphic, sign, canopy or awning other than a temporary sign, which was erected and in place on the effective date of this chapter, and which remains or becomes a nonconformity upon the adoption of this chapter or any subsequent amendments hereto, may continue only in accordance with the following regulations:
   (a)   Repairs. Ordinary repairs and nonstructural alterations may be made to a nonconforming sign. No structural alterations shall be made in, to or upon such nonconforming sign, except those required by law to make the sign conform to the regulations of this chapter.
   (b)   Additions and Enlargements. A nonconforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the regulations of this chapter.
   (c)   Moving. No nonconforming sign shall be moved in whole or in part to any other location unless such sign, and the use thereof, is made to conform to all the regulations of this chapter.
   (d)   Restoration of Damaged Nonconforming Signs. A nonconforming sign which is destroyed or damaged by fire or other cause to the extent that the cost of restoration will exceed sixty percent of the replacement cost of the sign shall not be restored unless it is made to conform to all the regulations of this chapter, or any subsequent amendments thereto. In the event that such damage or destruction is less than sixty percent of the replacement cost of the sign, no repairs or construction shall be made unless such restoration is started within six months from the date of damage and is diligently pursued to completion.
   (e)   Discontinuance of Use of Nonconforming Signs. A nonconforming sign, the use of which is discontinued for a period of one year, as set forth in Chapter 1286, shall thereafter conform to the regulations of this chapter.
   (f)   Change Use of Nonconforming Signs. Where a business, use or identity associated with the nonconforming sign at the time of the adoption of this chapter, thereafter terminates or changes, such termination or change of use shall require the termination of the nonconforming sign, and the use of such sign shall thereafter conform to the regulations of this chapter. This provision does not apply to tenant directories.
   (g)   Conformance Date. All graphics, canopies, and awnings rendered nonconforming by the provisions of this chapter and permitted to continue shall be removed, altered or remodeled to conform to the provisions of this chapter no later than January 1, 2003.
(Ord. 73-94. Passed 10-4-94.)

1284.11 PROHIBITED SIGNS.

   The following signs are prohibited within all use districts:
   (a)   Pole signs
   (b)   Projecting signs
   (c)   Flashing, moving, or intermittent type signs
   (d)   Billboards
(Ord. 73-94. Passed 10-4-94.)

1284.12 TEMPORARY SIGNS.

   (a)   Permit Required. A permit issued by the Building Inspector shall be required for all temporary signs posted within the Retail Business District, the Commercial Service District, the Limited Industrial District and the General Industrial District. A permit fee of one dollar ($1.00) per square foot shall be charged for each sign such as a “for rent,” “for sale” or “for lease” sign and the like. No permit fees shall be charged for permitted signs in a Residential District.
   (b)   Area and Height.
      (1)   No sign shall exceed sixty-four square feet in area.
(Ord. 7-85. Passed 1-15-85.)
      (2)   The top of the sign shall not extend more than eight feet from ground level.
   (c)   Illumination Prohibited. No temporary signs erected under the authority of this section shall be illuminated.
   (d)   Cash Bond Required. As a condition precedent to the issuance of a permit for a temporary sign under this section, the applicant shall post, or shall be required to post, a fifty dollar ($50.00) cash bond for any temporary sign to be erected in the Retail Business District, the Commercial Service District, the Limited Industrial District and the General Industrial District.
   (e)   Failure to Remove Sign; Remedy of Village. Whenever the removal of any sign has been ordered by the Building Inspector and the person on whose premises such sign or display structure has been erected, affixed, attached or maintained fails to remove said sign within seventy-two hours after receiving notice to remove said sign, the Building Inspector may remove or cause to be removed said sign at the expense of the person on whose premises it was erected, affixed or attached. Each person shall be individually and separately liable for expenses incurred in the removal of such sign. The expense of having the sign removed by the Building Inspector shall be deducted from the cash bond. The balance of the cash bond, if any, shall be returned to the applicant.
   (f)   Nonconforming Signs. All nonconforming signs in existence at the time this section becomes effective, must be altered, replaced or repaired to conform to the provisions of this section within six months of the effective date hereof.
   (g)   Reapplication for Permit After Removal of Sign; New Cash Bond Required. Whenever a sign has been removed by the Building Inspector, the owner must reapply for a new permit and post a new fifty dollar ($50.00) cash bond before erecting a replacement sign.
(Ord. 39-77. Passed 8-2-77.)
   (h)   Waiver of Chapter Requirements by Council.
      (1)   The provisions of this section may be waived, in whole or in part, upon special application to Council.
      (2)   Special application for the Council's consideration shall be submitted, in writing, in triplicate form, to the Clerk/Treasurer at least seven days prior to the Council meeting at which the application shall be considered, with an accurate drawing of the proposed sign and a plan, drawn to scale, locating the proposed sign and depicting an area of at least 500 feet in circumference around the location of the proposed sign.
      (3)   Council, by ordinance, may waive any or all of the provisions of this section, attaching such conditions as in the judgment of Council shall be deemed necessary and prudent.
      (4)   A majority vote of the members elected to Council shall be required to grant the special application.
(Ord. 16-78. Passed 3-21-78.)
   (i)   Approval by Council Required; Exceptions. Except for “for sale,” “for lease” or “for rent” signs provided for in this Zoning Code, and political signs up to twelve square feet, all temporary sign requests for signs to be located within the Village by nonresidents must be presented to Council for approval.
(Ord. 46-85. Passed 7-2-85.)