Except as otherwise provided herein, no sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered except in conformity with this article and, where applicable, without first obtaining a permit from the Zoning Administrator in accordance with the procedures and standards of this article.

Every application for a sign permit shall be accompanied by plans to scale showing the dimensions and area of the sign; the location of the sign on the building, structure or lot upon which the sign is to be attached or erected; the colors, materials, lettering, artwork and other attributes of the sign; the proposed method of illumination, if any; and statements indicating compliance with applicable building construction standards.

No sign shall be erected which, in the opinion of the Zoning Administrator, may cause hazardous or unsafe conditions. If such signs exist, they shall be removed upon direction of the Zoning Administrator following notification to the owner. Failure to remove a sign(s) after notice by the Zoning Administrator shall result in enforcement of these provisions and the order in accordance with this chapter.

Substitution clause. Any sign authorized pursuant to this chapter may contain a noncommercial message constituting a form of expression in lieu of other copy.

Application for a sign permit shall be made in writing upon forms prescribed by the Zoning Administrator.

The applicant shall furnish a detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and other matter on the sign; sign colors; sign height; type and position of lighting; a location plan showing the position of all signs in relation to buildings and to any street, highway or sidewalk, including the location of any sign or signs on any structure.

Applications require the written consent of the landowner or an authorized representative.

Fees. See Chapter 105, Fees.

Issuance of a permit. With the exception of signs for which site plan approval by the Planning Board is required, or signs which are required to undergo review by the Director of Planning, the Zoning Administrator, upon the filing of an application for a sign permit, shall examine the plans, specifications, locations and other data submitted as part of said application and approve said plans if the Zoning Administrator determines that they are in compliance with all requirements of this section. If the Zoning Administrator determines that the application is complete and the proposed sign meets the requirements of this section, the Zoning Administrator shall, within 10 days of the date said application was received, issue a permit for the erection of the proposed sign. If the Zoning Administrator determines that the application is not complete or the proposed sign does not meet the requirements of this section, the Zoning Administrator shall, within 10 days of the date said application was received, issue a written notice to the applicant stating the deficiencies of the application and the reason for the refusal to issue a sign permit. In the event that plans submitted do not meet requirements of local laws and ordinances of the Town of Poughkeepsie, the Zoning Administrator shall then notify the applicant, in writing, of the reason for refusal to issue a permit.

Expiration of permit. If the authorized sign is not erected or installed within six months of the date the sign permit is granted, the permit shall become null and void.

Revocation of permit. In the event of a violation of any of the provisions of this article, the Zoning Administrator shall give written or personal notice, specifying the violation to the named owner of the sign and owner of the land, to correct said violation or remove such sign. Correction of violation, by change, repair or removal, etc., shall be performed within five days from date of notice.

Any sign existing on or after the effective date of this chapter, which no longer identifies a business conducted or product sold on the premises due to the cessation or change of the business, shall be removed by the owner of the premises upon which such sign is located within 30 days of the cessation or change of business or use. Any variance granted for any sign removed or required to be removed pursuant to this section shall be null and void upon the cessation or change of business or use for which said variance was granted. The Zoning Administrator, upon determining that any such sign exists, shall notify the owner of the premises, in writing, to remove said sign within 30 days from the date of such notice. In the event that a lease or a contract between the owner of land and the owner of a sign exists on the date of violation notice, the owner of land shall notify the owner of the sign of the notice of removal and direct that the sign be removed. Removal shall include all parts of the sign, including but not limited to supporting framework, posts, brackets, enclosures, etc. Failure to comply will result in the proper legal action being taken by the Zoning Administrator.

If the Zoning Administrator shall find that any sign regulated by this article or any section of this chapter is unsafe or insecure or is a menace to the public, the Zoning Administrator shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within one day from the date of notice. If notice to repair or remove is not acted upon promptly, the Zoning Administrator may take the proper legal action to effect compliance.

The Zoning Administrator may remove any sign which in the discretion of the Zoning Administrator is in violation of this provision.

Applications for temporary signs shall be submitted to the Zoning Administrator for a temporary sign permit.

Applicants for temporary sign permits for signs such as banners, portable signs, promotional signs and other signs of similar nature may be granted a temporary sign permit for a period not exceeding 30 consecutive days. Each place of business may be granted temporary sign permits not to exceed a total of 90 days during the calendar year. Temporary sign permits shall be valid for not more than two banners and/or one freestanding sign.

Temporary signs shall not be attached to fences, trees or utility poles on private property or in any public right-of-way, and such signs shall not be placed in a position that will obstruct or impair vision or traffic, or in any manner create a hazard to the health, safety and welfare of the general public. Other fluttering devices such as streamers, pennants and balloons are prohibited as temporary signs.

Temporary freestanding signs shall not exceed 40 square feet in nonresidential zones and 20 square feet in residential zones.

Except as provided in this section, all temporary signs shall meet the requirements of this section and chapter.

Any sign which denotes a use that has ceased and/or which no longer identifies an existing business conducted or product sold on the premises shall be removed as required by § 210-119.

A nonconforming sign may be changed only as follows:

Prohibited signs.

No pennants, balloons, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices shall be allowed.

Except for 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-Glo types of 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, shall be erected within the right-of-way of any public street or highway.

Except for awning signs, the use of cardboard, paper, canvas or similar impermanent material is prohibited.

All freestanding signs shall require site plan approval by the Planning Board prior to installation.

Any modification or alteration (except repairs and replacement) to a freestanding sign, a wall sign, or a projecting sign that was previously approved by the Planning Board shall be reviewed by the Director of Planning for consistency with the Planning Board's original site plan approval prior to issuance of a permit by the Zoning Administrator. Within three days of receipt of an application for a sign permit involving a property for which the Planning Board has approved a site plan, the Zoning Administrator shall refer said application to the Director of Planning for review as to the consistency of the proposed sign with the Planning Board's site plan approval. Within five days of receipt of the application from the Zoning Administrator, the Director shall issue a written recommendation to the Zoning Administrator to approve or deny the application and shall set forth the reasons for said approval or denial. In the event the Director issues a recommendation to deny the application, the Director shall refer the application to the Planning Board for amended site plan approval in accordance with the requirements of this chapter. Nothing herein shall be construed as preventing an applicant from withdrawing an application for sign approval in order to modify the sign to meet the objections of the Director and resubmitting a new application for a sign permit to the Zoning Administrator.

Except as provided herein, no freestanding sign shall exceed 20 feet in height or the height of the principal structure, whichever is less, and shall be set back no less than 10 feet from any highway right-of-way boundary.

The use of a dark background with lighter color(s) for lettering is preferred over the use of a white or light-color 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 a flashing, intermittent or moving light or lights. A string of lights consisting of more than three bulbs shall not be permitted as part of a sign or separate from a sign. No sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the lot on which the sign is located contains a nonresidential use and is open for business.

Wall signs shall be painted on or 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:

Window signage shall not exceed 25% of the glass area of that part of the building facing the street front.

All illuminated signs shall bear the Underwriters Laboratories, Inc., seal in conformance with U.L. 48 or be inspected and certified by a Town-authorized electrical inspection company.

All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.

All signs, including wall signs and projecting signs, shall be securely anchored and shall not swing or move in any manner.

All signs shall be constructed of durable materials and shall be maintained in a good condition.

Projecting signs shall have no more than two faces. The exterior edge of a projecting sign shall extend not more than six feet 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.

EMD signs are prohibited in all residential districts, center and hamlet districts, and the BN District.

No more than 30% of the total square footage of any sign may be devoted to EMD signage.

EMD signage shall contain a static message only, and shall not have movement, or the appearance or the illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign including the movement or any appearance of movement of any illumination or the flashing, scintillating, or varying of light intensity.

With the exception of "time and temperature" messages, any EMD message shall be displayed for no less than 12 hours without change.

Any change of message shall be completed immediately without pauses and all parts of the message shall change simultaneously.

No EMD sign shall include any audio message.

One EMD is permitted per site.

A minimum distance of 400 feet shall be required between an EMD and another EMD.

All EMD signs shall contain a default mechanism that will cause the sign to revert immediately to black screen if the sign malfunctions.

The owner of the EMD sign must register with Amber Alert and shall be required to display all Amber Alert messages when requested to do so.

EMD signs are not permitted as wall, window, or projecting signs.

All copy, characters or other changeable images shall be one color only with light copy on a dark background.

EMD signs shall utilize automatic dimming technology, as certified by the manufacturer, to adjust the brightness of the sign relative to ambient light so that no time shall a sign exceed a brightness level of 0.2 footcandle above ambient light measured at the nearest property line.

Enforcement. To assure that light emanating from any EMD does not adversely affect neighboring properties or visually interfere with motorists, pedestrians and neighboring property owners, the Zoning Administrator shall have the authority to require changes to any EMD device that, in the opinion of the Zoning Administrator, is malfunctioning or operated in a manner that causes or creates excessive glare or intensity of light, visual interference or blind spots. Such changes may include, but are not limited to, requiring that the EMD device be turned off, or requiring the installation of lower wattage bulbs, or requiring that the device be fitted with shields to deflect light, or such other changes as may be required to eliminate the offending condition. Failure to implement the changes as directed by the Zoning Administrator shall be a violation of this section, and of any permit or approval granted under this section.

Nonconforming EMD signs. Nonconforming EMD signs shall conform to § 210-122A(1) through (12), and with § 210-123.1 Subsections C, D, E, F, G, J, K, M, and N no later than six months from the date of adoption of this section.

One sign per business is allowed.

Signs shall be one- or two-sided only.

Except as provided in Subsections D, E and F below, signs may be placed anywhere along the exterior frontage of the advertised business outward to the nearest curb edge or to a distance of 10 feet, whichever is less, but in no event shall be placed or located so as to impede lines of sight or safe stopping distances for operators of motor vehicles.

Signs shall be located so as to maintain a minimum of five feet of unobstructed sidewalk along the storefront so as to not block or interfere with ADA accessibility nor restrict pedestrian movement.

Signs shall not be placed where they may interfere with any entry or exit door, loading zone, bicycle rack, sidewalk ramp, wheelchair ramp or similar public facility.

The size of any one sign shall not exceed three feet six inches in height and 24 inches in width.

Signs shall be made of durable, weather-resistant materials such as wood, steel, aluminum and PVC. The use of cardboard, paper, fabric and nonrigid materials is prohibited.

Signs may consist of a framed chalkboard, whiteboard, tack board or changeable copy sign.

Signs shall not be illuminated nor contain any type of electronic message display.

Signs shall be displayed during the advertising entity's business hours only. Signs shall be brought indoors at the close of business each day.

Lights, balloons, parasite signs, decorations and other objects shall not be attached to the sidewalk sign.

A permit is not required for a sidewalk sign.

Freestanding sign. One freestanding sign per lot of a maximum area of four square feet is allowed. Freestanding signs shall be set back a minimum of five feet from any highway right-of-way and shall not exceed eight feet in height. The base of any such freestanding sign shall be landscaped as approved by the Planning Board, and the amount of landscaping at the base of the sign shall not be less than the square footage of the freestanding sign. The use of exposed "I" beams and steel beams to support a freestanding sign is prohibited.

Sign attached to building. Two wall signs per lot, not to exceed two square feet for each business, are allowed.

Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall-mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed or, in the case of freestanding signs, with which it is associated. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping.

On all nonresidential premises:

Awning signage not to exceed 12 square feet and limited to a single line of text not more than eight inches high is permitted.

If two or more businesses share a canopy along the face of the building, each business is permitted one sign with a maximum area of two square feet. This sign shall hang under the canopy, perpendicular to the face of the building.

Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall-mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed or, in the case of freestanding signs, with which it is associated. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping. The following standards shall apply:

On all nonresidential premises:

Signage lighting.

Freestanding signs.

Signs shall comply with any conditions imposed by the Planning Board during architectural review.

Signs for the walkable "Main Street" (Winslow Gate Road) area commercial buildings including those identified on Hudson Heritage project plans as Buildings B, C, D, E, F, I, J, K, L, and N:

Signs for other commercial (nonresidential) buildings located off of the "Main Street" area of Winslow Gate Road and along Hudson Heritage Drive, including those identified on Hudson Heritage project plans as Buildings A, G, M, and O:

Any signage proposed on any of the six historic buildings and structures that will be preserved for adaptive reuse in the HRDD shall be reviewed by the Planning Board in consultation with the Town of Poughkeepsie Historic Preservation Commission, and with the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) if required. The six buildings and structures include the Director's Residence, the Main Administration Building's main wing, the North Tower, the Avery Chapel, the Recreation Hall and the Library.

For residential buildings:

Directional signs that are not exempt pursuant to § 210-131 are considered freestanding signs and shall be reviewed by the Planning Board. The total sign content area shall not exceed 10 square feet. The sign faces and the structure on which the sign is mounted shall be consistent with the Hudson Heritage Design Guidelines. The sign shall be mounted so that the top of the sign content area shall not be higher than six feet and the top of the structure within which the sign is mounted shall not be higher than seven feet.

Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall-mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed or, in the case of freestanding signs, associated with. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping.

Freestanding sign. One freestanding sign with an area not to exceed 50 square feet at each driveway entrance of a site is allowed. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board.

Signs attached to buildings. On a site one wall sign for each wall of a business facing a public road shall be permitted equal to an area of 25% of the face of the building up to a maximum of 50 square feet.

Signs where parking is provided primarily to rear of buildings. Where no parking areas are to be provided in the front of the principal building and most parking spaces are visually shielded from the road to the rear of the principal building, one additional wall sign shall be permitted, provided that such sign does not exceed 25 square feet and is placed on the wall of the building facing the principal parking area.

Where two or more businesses share a covered walkway along the face of the building, each business shall be permitted one sign with a maximum area of two square feet. This sign shall hang under the canopy, perpendicular to the face of the building.

Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall-mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed or, in the case of freestanding signs, associated with. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping.

Freestanding signs. One freestanding sign with an area not to exceed 50 square feet at each driveway entrance of a site is allowed. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board.

Signs attached to buildings. On a site one wall sign for each wall of a business facing a public road shall be permitted equal to an area of 25% of the face of the building up to a maximum of 100 square feet.

Signs where parking is provided primarily to rear of buildings.

Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall-mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed, or in the case of freestanding signs, associated with. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping.

Freestanding signs. One freestanding sign which shall advertise the name of the center only, not exceeding an area of 100 square feet, is allowed per shopping center. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board.

Signs attached to buildings.

Where two or more businesses share a covered walkway along the face of the building, each business shall be permitted one sign having a maximum of two square feet. Such sign shall hang under the covered walkway perpendicular to the face of the building.

All shopping center signs shall be approved by the owner of the center.

Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall-mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed or, in the case of freestanding signs, associated with. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping.

Freestanding signs. One freestanding sign with an area not to exceed 50 square feet at each driveway entrance of a site is allowed. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board.

Signs attached to buildings. On a site one wall sign for each wall of a business facing a public road shall be permitted equal to an area of 25% of the face of the building up to a maximum of 100 square feet.

Signs where parking is provided primarily to rear of buildings.

Gasoline price lettering affixed to any dispenser pump in accordance with § 192 of the Agriculture and Markets Law shall be limited to one sign per dispenser pump and shall not exceed one square foot in area. In addition, the name, symbol, or logo of the gas brand may be affixed to any dispenser pump, provided such name, symbol, or logo is affixed flat to the dispenser and does not project above any part of the surface of the dispenser.

In addition to any wall sign or freestanding sign otherwise allowed for the district in which any motor vehicle service facility may be located, two signs painted on or affixed flat against the face of any dispenser pump canopy shall be allowed. Such signs shall not exceed an area greater than 25% of the size of the canopy face on which the sign is to be mounted. The use of an electronic message display sign on any canopy is prohibited.

Decorative banners, flags, posters, placards and streamers on residential premises.

Decorative banners on nonresidential premises not containing any words, labels, figures or descriptions.

(Reserved)[1]

Historical markers, tablets and statues, memorial signs and plaques, and signs or symbols designated by the Town Board as historic or as having historical or cultural significance; 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 governmental agencies, religious or nonprofit organizations, not exceeding six square feet.

Flags and insignia of any government or governmental agency.

Directional signs for the convenience of the general public, identifying public parking areas, fire zones, and business entrances and exits, wherein each individual directional sign shall not exceed three square feet per face and shall not be mounted higher than six feet in height.

A sign of one square foot or less, affixed to the premises, denoting the name and address of the occupants of the premises.

Memorial plaques or tablets, grave markers, statuary declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials, or other remembrances of persons or events that are noncommercial in nature.

Signs which are fully located within the interior of any building, or within an enclosed lobby or court of any building, which are not visible from the public right-of-way, adjacent lots or areas outside the building, and signs not to exceed 30 inches by 42 inches, located within the inner or outer lobby, court, or entrance of any theater, which are intended solely for information relating to the interior operation of the building in which they are located.

Lawn signs identifying residences, not exceeding one square foot. Such signs are to be nonilluminated, except by a light that is an integral part of a lamppost if used as a support.

Private owner merchandise sale signs for garage sales and auctions located on the premises, not exceeding four square feet for a period not exceeding seven days in any one month.

On-premises "No Trespassing" or "Private Property" or similar signs.

One temporary nonilluminated "For Sale," "For Rent," "For Lease," "Opening Soon," "Coming Soon" real estate sign, or sign of a similar nature, concerning the vacant or improved real property upon which the sign is located, provided such sign shall not exceed six square feet in area in residential districts and in nonresidential districts shall not exceed 10 square feet per 100 feet of frontage but not to exceed 50 square feet.

Temporary, nonilluminated window signs and posters not exceeding 10% of the total window surface of a building.

(Reserved)[2]

Drive-through menu boards.

(Reserved)[3]

Signs identifying real estate, apartment or residential subdivision developments, not to exceed two signs where each sign shall not exceed 20 square feet in size and shall advertise only the name of the development where such sign is located.

A residential building or structure having six or more units and bed-and-breakfast establishments and boutiques may have one ten-square-foot sign.

Temporary informational and directional signs for meetings, conventions and other assemblies displayed only for the duration of the event.

One sign, not exceeding two square feet in a residential district or 12 square feet in a nonresidential district, listing the architect, engineer, contractor and/or owner on premises where construction, renovation or repair is in progress. Said sign shall be removed upon completion of construction, renovation or repair.

Signs or bulletin boards customarily incidental to places of worship, schools, libraries, museums, social clubs or societies, provided that signs or bulletin boards shall not exceed 15 square feet in area and shall be located on the premises of such institutions.

Political posters and similar signs.

Scoreboards and traffic control devices are exempt from the provisions of § 210-123.1.