Fishkill Village City Zoning Code
ARTICLE V
Signs
[Amended 3-11-1985 by L.L. No. 3-1985; 11-13-1995 by L.L. No. 3-1995; 12-4-1996 by L.L. No. 10-1996]
§ 171-38 Conformity required.
No sign shall be erected, replaced, constructed, displayed, moved, reconstructed, extended, enlarged or altered except in conformity with and as expressly authorized by the provisions of this chapter, and all sign erections and modifications are subject to the review and approval of the Planning Board. All signs, except as hereinafter provided, shall be deemed structures for the purpose of this chapter.
The Code Enforcement Officer shall refer all applicants for new and modified signs to the Planning Board for review and approval prior to issuing a sign permit. The Planning Board shall maintain a style book of photographs and drawings of signs representing the types of signs preferred in the Village. Temporary signs as regulated in § 171-47 herein shall not be subject to the review and approval of the Planning Board but shall be subject to the issuance of a permit by the Code Enforcement Officer where so specified in § 171-47.
[Amended 5-24-2010 by L.L. No. 6-2010]
Property owners shall have full responsibility for all signs placed or erected on the property owner's premises. It shall be the duty of the owner of the premises to have all tenant signs erected, displayed or altered only in conformity with the Village sign laws. Both the property owner and the tenant (whose sign is in violation) shall be served with all notices of violation and/or appearance tickets for violation of the sign laws of the Village of Fishkill. The property owner shall be named as a codefendant or corespondent in any action or proceeding brought by the Code Enforcement Officer to enforce the provisions against a tenant of the sign code herein.
[Added 5-21-2012 by L.L. No. 6-2012]
§ 171-39 Relationship to ongoing uses.
All signs must pertain to an ongoing use conducted on the same property on which they are located. Signs pertaining to a use which has terminated or which has relocated elsewhere must be removed immediately upon said termination or relocation.
§ 171-40 Illumination.
[Amended 6-1-2009 by L.L. No. 12-2009; 8-6-2018 by L.L. No. 2-2018]
Signs may be illuminated, as provided in § 171-49C, provided that such illumination shall not be twinkling, flashing, intermittent (except for time, date and/or temperature signs) or of changing degrees of intensity, and provided that the source of such illumination shall not create unreasonable glare beyond the boundaries of the lot on which it is located.
§ 171-41 Placement.
No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance. Further, no sign shall interfere with pedestrian or vehicular traffic flow, nor shall any sign interfere with any door, window, ventilation system, fire escape or other emergency exit, nor shall any sign be placed on a public sidewalk or at curb side.
§ 171-42 Regulations for all districts. [1]
[Added 6-1-2009 by L.L. No. 12-2009]
The regulations contained in this section shall apply to all signs and all zoning districts, regardless of designation, of the Village of Fishkill. Nothing herein shall be construed so as to allow the placement or installation of a sign on property other than the parcel or lot associated with the sign or the notice provided on the sign.
All freestanding signs shall require site plan approval by the Planning Board prior to installation.
Any modification or alteration (except repairs and identical replacement) to a freestanding sign, a wall sign, or a projecting sign shall be approved by the Planning Board prior to issuance of a permit by the Code Enforcement Officer.
[Amended 5-24-2010 by L.L. No. 6-2010]
No freestanding sign shall exceed 15 feet in height.
The use of a dark background with lighter color(s) for lettering is preferred over the use of a white or light-colored background and dark lettering.
All sign lighting shall be shielded and directed in such a manner that the light source is fixed and is not directly visible from, and does not cast glare or direct light from artificial illumination upon, any adjacent public right-of-way, surrounding property, residential property or motorist's vision. Ground-mounted spotlights used to illuminate a sign shall be fully shielded. Any device lighting a sign shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent or moving light or lights. A string of lights consisting of more that three bulbs shall not be permitted as part of a sign or separate from a sign.
Wall signs shall be affixed flat against the building facade.
No sign shall have more than two sides.
All signs shall be measured in accordance with the following methods:
Sign measurement shall be based upon the entire area of the sign, with a single rectangular perimeter enclosing the extreme limits of the actual sign surface.
For a sign fixed to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background of a color different from the natural color of the finish material of the building.
For a sign consisting of individual letters or symbols attached to a surface, canopy, awning, building, wall or window, the area shall be considered to be that of the smallest rectangle which encompasses all of the letters and symbols.
Essential supporting framework (brackets, posts, standards) shall not be included in sign area calculations. However, illuminated embellishments on such essential supporting framework shall be included in the calculation of sign size.
For signs with two faces or sides, the area shall be taken as the area of either face, provided that the faces are back-to-back.
All illuminated signs shall bear the Underwriters Laboratories, Inc. seal in conformance with U.S. 48 or shall be inspected and certified by a state-authorized electrical inspection company.
All signs, including wall signs and projecting signs, shall be securely anchored.
All signs shall be constructed of durable materials and shall be maintained in good condition.
Projecting signs shall have no more than two faces. The exterior edge of a projecting sign shall extend not more than 36 inches from the building face or 1/3 the width of the sidewalk over which it is suspended, whichever is less. No part of a projecting sign shall extend into a vehicular traffic area. A projecting sign suspended over a sidewalk or pedestrian traffic area shall have a vertical clearance of not less than eight feet. No sign shall project from an awning.
On multistory buildings, projecting signs shall be attached to the building above first-story windows and below second-story windowsills. On one-story buildings, projecting signs shall be attached above first-story windows and below the roofline. The size and location of a projecting sign shall complement neighboring signs.
No wall sign shall be higher than the building to which it is attached.
All wiring to a freestanding sign shall be underground and/or concealed within the sign structure.
[1]
Editor's Note: Former § 171-42, Location, was repealed 2-8-1999 by L.L. No. 3-1999.
§ 171-43 Animation and strings of lights.
[Amended 6-1-2009 by L.L. No. 12-2009; 8-6-2018 by L.L. No. 2-2018]
No permanent sign or sign component shall be animated, such as moving, rotating or revolving. Further, no permanent sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, balloons, streamers, spinners or other similar moving, fluttering or revolving devices. In addition, strings of lights and contiguous or noncontiguous light strips, whether they be neon, fluorescent or otherwise, shall not be used for advertising or attracting attention when not part of a sign.
§ 171-44 Maintenance and quality of signs.
All signs and sign components shall be kept in good repair and in safe, neat, clean and attractive condition. All signs shall be of a professional quality with respect to such matters as design, painting, lettering, materials and construction.
All permanent signs shall be constructed using materials and methods such that the sign can be expected to withstand normal weathering and use with routine maintenance and cleaning. The determination of the adequacy of the construction of all permanent signs shall be the responsibility of the Code Enforcement Officer.
[Amended 5-24-2010 by L.L. No. 6-2010]
§ 171-45 Prohibited signs.
[Added 6-1-2009 by L.L. No. 12-2009]
The prohibitions contained in this section shall apply to all signs and all zoning districts, regardless of designation, of the Village of Fishkill.
Billboard signs.
Roof signs (a sign that projects above the coping, eave or cornice of a building).
Signs that move, or have moving parts, and revolving signs.
Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy.
A sign not located on the premises to which it is associated or to which it refers.
Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way, where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer.
A sign which obstructs any window or door opening used as a means of egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for legal ventilation, or is attached to or obstructs any standpipe, fire escape or fire hydrant.
Televisions used for advertising or information.
No pennants, balloons, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices shall be allowed.
[Amended 8-6-2018 by L.L. No. 2-2018]
Except for canvas awnings, no permanent sign shall be constructed of paper, cardboard, canvas or similar materials.
No sign shall be located so as to obscure any signs displayed by a public agency, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow. No sign shall overhang onto an adjacent property or right-of-way.
No temporary sign shall be placed on the front or face of a building or on any premises, except as provided herein.
The use of fluorescent and/or day-glow-type paints is prohibited.
No sign shall be attached to any tree or utility pole or be painted upon or otherwise directly affixed to any rock, ledge or other natural feature.
No sign, other than an official traffic sign or government sign, shall be erected within the right-of-way of any public street or highway.
[Amended 8-6-2018 by L.L. No. 2-2018]
A sign that is illuminated by or contains flashing, intermittent, rotating or moving lights, except to show time, date and/or temperature.
A sign that is designed and/or mounted so as to impair or cause confusion to the operators of a motor vehicle is prohibited.
No advertising message shall be extended over a succession of signs placed along a street or highway.
§ 171-46 Projecting or hanging signs.
[Amended 2-12-2007 by L.L. No. 2-2007; 6-1-2009 by L.L. No. 12-2009; 5-24-2010 by L.L. No. 6-2010]
No sign shall project or hang over a pedestrian or vehicular right-of-way, whether public or private, except that signs attached to the wall or fascia of a building may project up to 36 inches from the building, provided that there is a least an eight-foot clearance above a pedestrian right-of-way and a thirteen-foot clearance above a vehicular right-of-way. No sign shall project above the eaveline of the building on which it is mounted, painted or otherwise attached. If the building is flat-roofed, the roofline shall be deemed the eaveline for the purpose hereof, except that if a parapet extends across the entire front of the building, the sign may extend to the top of the parapet. For projecting and hanging signs, the Village of Fishkill shall be named on the property owner's insurance policy and proof of such insurance shall be required to be produced for review by the Village at any time. Such liability insurance policy shall name the Village as an additional insured and shall contain policy limits with a minimum of $1,000,000. Projecting and hanging signs will require yearly inspections by the Code Enforcement Officer and may be required to be removed upon notification by the Code Enforcement Officer.
§ 171-47 Temporary signs.
[Amended 2-1-2007 by L.L. No. 2-2007; 6-1-2009 by L.L. No. 12-2009; 5-24-2010 by L.L. No. 6-2010; 8-27-2012 by L.L. No. 9-2012; 1-5-2015 by L.L. No. 1-2015; 8-6-2018 by L.L. No. 2-2018]
In addition to permitted permanent signs, the following temporary signs are also permitted. Said temporary signs shall require a permit unless specifically exempted below.
One sign not exceeding four square feet in area for a single lot or 16 square feet in area for a real estate subdivision and set back at least 15 feet from the street upon which the property is located during the period that a property is being offered for sale or lease. Such a sign shall not be displayed for more than 10 days after the property is sold or let. No permit shall be required for such a sign.
Not more than one temporary sign on a property that is under construction for each street frontage of the lot, not exceeding four square feet in area, shall be permitted during the course of construction only.
Up to 15 square feet of temporary yard and lawn signs displayed only during election campaigns, drives or special events shall be allowed per business or residence. Signs shall be allowed in any zoning district and must be removed within five calendar days after the completion of the occasion for which the signs were installed. Furthermore, signs may not be installed earlier than 30 days prior to the first date of the special event, drive or election being publicized. No permit shall be required for such signs.
Temporary signs in a nonresidence district, including but not limited to window signs and banners, pertaining to activities which have a duration of 30 calendar days or less shall not be subject to the issuance of a permit by the Code Enforcement Officer, but such signs shall require the filing with the Village Zoning Office of a temporary sign information form, showing conformity to this code provision, including the dates of installation and removal of the signs. All such signs may not exceed 15 square feet in total cumulative area and must also conform to the provisions of this chapter with respect to placement and professional quality. Such temporary signs shall be allowed no more than twice per calendar year, per business.
There shall only be two issuances of a temporary permit under the provisions of § 171-47D per calendar year per business. Extensions of permits where allowed will constitute a separate issuance of permit.
In nonresidence zoning districts, an A-frame-style chalkboard sign is permitted per business establishment. Such sign is permitted subject to a permit from the Code Enforcement Officer and the following criteria shall be met:
One sign per business shall be displayed during hours of operation only and shall be stored indoors after hours.
Signs shall not exceed six square feet on each sign face.
Signs shall be placed within two feet of the entrance of the business displaying the sign and shall not impede pedestrian or vehicular traffic.
The sign face shall only be black, chalkboard material with lettering written with chalk; no dry-erase or plastic boards shall be used. The frame shall be wooden and have natural wood or earth-tone color.
The sign shall not contain any pre-printed language, images or paper postings.
The sign shall not be illuminated.
§ 171-48 Signs on state highways.
Any and all signs shall conform to the state code if on a state highway.
§ 171-49 Signs in non-residence zoning districts.
[Amended 2-8-1999 by L.L. No. 3-1999; 5-10-2004 by L.L. No. 5-2004; 6-1-2009 by L.L. No. 12-2009]
Signage districts. In recognition of the nature of the different portions of the Village (that is, for example, the historic Main Street business area and the Routes 9 and 84 corridors), the lands located in the nonresidence zoning districts in the Village are hereby divided into the following classes of signage districts:
Signage district map. The respective signage districts are bounded and defined as shown on the map entitled "Signage District Map of the Village of Fishkill, New York," which map, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: Said map is on file in the office of the Village Clerk.
Signage district regulations. Illumination and size/dimensional regulations pertaining to the respective signage districts are as shown on the following schedule entitled "Signage District Regulations of the Village of Fishkill, New York," which schedule, with all explanatory matter thereon, is hereby made a part of this chapter.
Signage District Regulations of the Village of Fishkill, New York | ||||
|---|---|---|---|---|
Signage District - 1 (Historic Main Street business area) | Signage District - 2 (intermediate areas) | District-3 - (Routes 9 and 84 corridors) | ||
Illumination | ||||
Internal | Prohibited | Permitted | Permitted | |
External | Permitted | Permitted | Permitted | |
Size/Dimensions | ||||
Building-mounted signs | ||||
Maximum area of sign for each linear foot of building facing the street | 1 square foot of sign per linear foot of building; not to exceed 25 feet | 1 square foot of sign per linear foot of building; not to exceed 25 feet | 2 square feet of sign per linear foot of building; not to exceed 50 square feet | |
Building-mounted signs hung parallel to building | ||||
Maximum vertical dimension | 2 feet | 2 feet | Not to exceed 25% of the total height of the building | |
Building-mounted signs hung perpendicular to building | ||||
Maximum area for each | 9 square feet1 | 9 square feet1 | 9 square feet1 | |
Maximum vertical dimension | 3 feet | 3 feet | 3 feet | |
Freestanding signs | ||||
Maximum aggregate sign area per lot | 30 square feet1,2 | 30 square feet1,2 | 36 square feet plus 1 square foot for every 10 parking spaces up to 1,000 spaces in project; not to exceed 50 square feet 1,2 | |
Maximum vertical dimension | 8 feet | 8 feet | -- | |
Maximum height above highway level | 12 feet | 12 feet | 15 feet | |
Maximum dimensions per sign on a directory sign | 3 feet by 6 feet | 3 feet by 6 feet | -- | |
NOTES: | |
|---|---|
1 | If a freestanding sign or a building-mounted sign hung perpendicular to the building is substantially two-dimensional and has parallel faces, each face may contain this number of square feet. |
2 | No sign may be located closer than 10 feet to any property line, plus an additional one foot for each two square feet of sign area in excess of 36 square feet. Also refer to § 171-41, Placement, of this chapter. |
In nonresidence zoning districts located outside the Historic Preservation Overlay Zone, the following signs are hereby authorized:
Building-mounted signs. Not more than one sign affixed and parallel to the outer wall of the structure within which the permitted use is situated, facing the principal street giving access to such structure, and not more than one sign affixed and perpendicular to the outer wall of the structure within which the permitted use is situated, provided that:
No sign shall project above the roof or extend beyond the limits of the building.
No sign shall face an abutting residential zoning district if located within 50 feet of such district.
All such signs shall comply with the illumination and size/dimensional regulations in the schedule in § 171-49C herein for the signage district in which they are located.
The sum of the sign area for all building-mounted signs (i.e., any sign hung parallel to the building and any sign hung perpendicular to the building) shall not exceed the maximum sign area indicated in the schedule above for building-mounted signs.
Freestanding signs. Not more than one freestanding sign facing each street on which the lot abuts, provided that:
In addition to other permitted signs, one address identification sign, as required by E-911, not exceeding two square feet in area, affixed and parallel to the outer wall of the structure facing upon a street or parking lot not faced by a sign as permitted in Subsection A above is also permitted.
[Amended 8-6-2018 by L.L. No. 2-2018]
In addition to other permitted signs, necessary small directional signs are permitted on access roads and parking areas, provided that the area of each sign shall not exceed two square feet. Directional signs shall not contain any advertising or any other information which is nonessential to their directional purpose.
Government signs. Government signs do not count towards total signage.
[Added 8-6-2018 by L.L. No. 2-2018]
Indoor signs visible through a window or door whose primary purpose is to communicate information to passersby out-of-doors shall be included in the total building-mounted sign area calculations in the schedule in § 171-49C herein and shall be subject to all other provisions of this chapter, including the illumination provisions contained in the schedule in § 171-49C herein. For purposes of this chapter, a sign displayed within 24 inches of a clear window is deemed to be providing information to passerby out-of-doors and is subject to the regulations of this chapter.
[Amended 8-13-2011 by L.L. No. 5-2011; 8-6-2018 by L.L. No. 2-2018]
Signs for multitenant buildings or with multitenant panels. Individual signs on a directory sign shall be compatible with each other in terms of background color, material, size and shape. Directory listing signs, for multitenant buildings where such signs are located in the vestibule or within the doorway of a building, are permitted.[2]
[Amended 8-6-2018 by L.L. No. 2-2018]
[2]
Editor’s Note: Former Subsection D(8), regarding daily special signs for eateries, as amended, which immediately followed this subsection, was repealed 1-5-2015 by L.L. No. 1-2015.
In nonresidence zoning districts located within the Historic Preservation Overlay Zone, the following signs are hereby authorized:
§ 171-50 Signs in residence zoning districts.
[Amended 2-8-1999 by L.L. No. 3-1999; 8-6-2018 by L.L. No. 2-2018]
In residence districts, the following signs are hereby authorized with a permit and may be illuminated, provided that a nonflashing external light source is used. Temporary signs in residential districts shall comply with § 171-47 but shall not require a permit.
One sign not exceeding two square feet in area.
A lot with a home occupation permitted as an accessory use may have a second sign not exceeding six inches by 18 inches in dimensions.
For other permitted uses, one sign at each street frontage where the use has an access drive, provided that the sign does not exceed eight square feet in total area and does not exceed four feet in any one dimension.
The illumination of signs shall comply with the provisions of § 171-40 herein. Internally illuminated signs are prohibited.