Tuxedo City Zoning Code
ARTICLE VII
Signs
§ 98-30 Signs.
A.
Purpose. The purpose of this chapter is to preserve, protect, promote, and advance the public health, welfare, and safety by regulating and establishing standards for the erection of signs within the Town of Tuxedo. These regulations and standards are content-neutral, which means that they are to be construed to promote no distinction between the topic discussed or the idea or message expressed on any signage. The Town's ability to attract economic development is accomplished in part by the enforcement of regulations that maintain an attractive community and streetscape, of which signs are a contributing element. A multiplicity of signs clutters the overall appearance of the Town, detracts from its visual quality, and is discouraged. The objective of promoting a visually attractive streetscape shall be balanced with the objective of ensuring that a property owner or tenant is afforded ample and adequate means of identifying the occupancy or use of a property or establishment and/or conveying information in accordance with these sign regulations.
B.
Sign permit required.
(1)
Unless otherwise permitted by this section, no person shall hereafter install, structurally alter, enlarge, or relocate a sign without a sign permit. No sign permit shall be issued except as shown on an approved site development plan or sign plan. The Planning Board may approve any sign shown on a site development plan in accordance with the procedures set forth in Article XI, Site plan review, of this Zoning Chapter. All signs requiring a sign permit and not reviewed by the Planning Board as part of a site plan application shall be reviewed and approved by the Building Inspector. A sign permit shall be issued only following submission, review and approval of a sign application and sign plan in accordance with the requirements set forth below, and payment of the required fee in accordance with the fee schedule established by the Town Board.
(2)
A sign permit shall not be issued for a sign if any other sign on the same premises and in the same ownership has been determined to be in violation of this section.
(3)
A sign permit shall not be required for the repainting or refurbishing of an existing sign when using similar colors, letters and signs. The determination of similarity shall be made by the Building Inspector.
(4)
Sign permits for temporary signs, greater than eight square feet in size and limited to one sign per property per street frontage, shall be issued without a permit fee for a period of one year; thereafter the required fee must be paid in accordance with the fee schedule established by the Town Board. All such signs shall be removed within seven calendar days of expiration of permit and must adhere to the maintenance requirements set forth in § 98-30I.
C.
Sign application. A sign permit application shall be submitted to the Code Enforcement Officer and shall include the following:
(1)
A scale drawing of the sign which shows the content, colors, and proposed location of the sign.
(2)
A drawing with appropriate notes, describing the construction of the sign and the method of attachment to a building or the ground.
(3)
A description or sample of the materials of which the proposed sign will be made.
(4)
A description of the proposed method of sign illumination, if any.
(5)
Any other information deemed necessary by the Code Enforcement Officer to determine whether the sign is consistent with the regulations set forth herein.
D.
Review.
(1)
Time period for decision. At such time that the Code Enforcement Officer deems that a complete application has been submitted with the information set forth in subsection C above, the Code Enforcement Officer shall review all sign applications and approve, disapprove, or approve with modifications the application within 30 days of receipt of a complete application. Where a sign is being approved in conjunction with a site plan, the Planning Board shall review and approve signs in accordance with the time frames established for site plan review and approval. The applicant shall submit to the Planning Board the sign information set forth in Subsection C above.
(2)
Criteria for sign plan approval. The Planning Board shall exercise discretion in approving signs in accordance with its powers and duties. The Code Enforcement Officer shall approve signs which clearly and convincingly meet the criteria and regulations of this section. If such sign or signs do not clearly and convincingly conform to the criteria of this section, the Code Enforcement Officer shall deny the application and the applicant may pursue its remedies provided in this Chapter. Where design standards for signs are set forth for individual special uses, the design standards in Article X and any associated Sign Design Standard Guidebook, if in existence, shall prevail.
(a)
Accessory use. Signs must be clearly accessory to the uses on the lot on which they are located and are not permitted to be principal uses.
(b)
Proportion and scale. The size and content of the sign shall be the minimum essential for legibility and for the provision of information. The scale of signs should be appropriate for the building on which they are placed and the area in which they are located. The size and shape of a sign should be proportional with the scale of the structure. For example, small storefronts should have smaller signs than larger storefronts.
(c)
Quality. Signs shall be durable and weather-resistant.
(d)
Coordination with other signs. Signs located on a multitenant building shall be coordinated in design to avoid sign clutter. For buildings with multiple storefronts, signs located on individual businesses' storefronts should relate well to each other in terms of locations, height, proportion, color, and illumination. Maintaining continuity reinforces the building's facade composition while still retaining each business's identity.
(e)
Colors. Colors shall not be garish. Contrast is an important influence on the legibility of signs. A substantial contrast should be provided between the color and material of the background and the letters or symbols to make the sign easier to read in both day and night. Light letters on a dark background or dark letters on a light background are most legible. Light letters on a dark background work best for both day and nighttime use. Neon and day-glo colors are not permitted except in association with neon signs approved by the Code Enforcement Officer.
(f)
Coordination with building. Sign materials and colors should complement the materials and colors of the building on which the sign is situated or associated.
(g)
Architectural elements and details, including historic building details. Many of the buildings in Tuxedo, particularly the hamlet, exhibit architectural elements and details. Signs should not cover or otherwise interfere with design elements that contribute to the building's character. Signs should not cover over architectural elements such as transom windows or vertical piers. Signs should fit into the building facade just as if they were one of the architectural elements. The building or storefront should be reviewed for its architectural elements that suggest a location, size, or shape for the sign. These could include the lintel band above transom windows, an entranceway that needs signage to provide direction, or display windows.
(h)
Typeface. A multiplicity of different typefaces on an individual sign is discouraged. The number of lettering styles that are used on a sign should be limited to improve legibility. As a general rule, limit the number of different letter types to no more than two for small signs and three for larger signs. Intricate typefaces and symbols that are difficult to read reduce the sign's ability to communicate and effectiveness.
E.
Permitted signs not requiring a sign permit. The following signs are allowed and may be erected and maintained without a permit, provided that they comply with the regulations of this Subsection E.
(2)
Temporary signs in all districts, not to exceed eight square feet in area:
(a)
On-premise garage sale signs, provided the sign is erected on the property on which the sale is conducted and for a period not to exceed seven days.
(b)
Nonilluminated temporary "For Sale" or "For Rent" residential or commercial real estate sign concerning the premises upon which the sign is located. All such signs shall be removed within seven calendar days after the sale, lease, or rental of the premises and must adhere to the maintenance requirements set forth in § 98-30I.
(c)
Temporary, seasonal displays generally recognized or associated with national, state or religious holidays, except when displayed in connection with commercial promotion. Such displays include the outlining of a perimeter of a building or display window with lights, as long as the display lasts no longer than 60 days.
(d)
Political campaign signs pertaining to candidates for public office, political parties, public referenda, or other public issues. The Town of Tuxedo encourages, but does not require, that said signs be displayed no earlier than 30 days prior to the relevant election or referendum and that they be removed no later than seven days after such election or referendum. The Town encourages, but does not require, the candidate or his/her representative to designate a contact name of the person(s) responsible for erecting and removing the sign(s) and supply same to the Town Clerk.
(e)
Public notices. Notices posted by public officers or employees in the performance of their duties.
(f)
Temporary banners, pennants, and related signs will be allowed in in conjunction with an open house or model home demonstration not to exceed a total of 15 days.
(g)
Temporary banners or flags (concerning the premises upon which the banner or flag is located) promoting grand openings, seasonal messages when displayed in connection with commercial promotion, or special events hung on buildings or extended across sidewalks and/or streets (only approved by the Town Board), or parking lots, subject to Building Inspector notification. Said temporary signs shall be installed for a period not exceeding 30 days. Pursuant to § 98-30F(7), no temporary banner or flag as defined above, which is leased or rented for economic gain (including billboards), shall be erected, maintained, or displayed on a lot other than upon the premises whereon such sign is located.
F.
Prohibited signs. Prohibited signs are signs that are not permitted in the Town of Tuxedo. Prohibited signs are as follows:
(1)
Signs that revolve or otherwise move or which utilize flashing or blinking lights or multiple illuminating units which operate alternately.
(2)
Signs which emit noise, sounds or smoke, including audio signs.
(3)
Signs of a prurient or sexual nature or advertising businesses, commodities or services of a prurient nature, which are offensive to the community.
(4)
Signs made of cardboard, paper or similar impermanent material, except temporary signs displayed within a window area of a commercial use which shall not cover more than 40% of any window area or placed so as to obstruct the view inside the building.
(5)
No sign shall be placed, painted or drawn on utility poles, bridges or on other road, utility structures or signposts; or on trees, rocks or other natural features. No signs shall be placed on municipal property without the permission of the Town Board.
(6)
No sign shall be erected, maintained or displayed which shall create a public hazard to health or safety by reason of the manner of its construction or placement or the nature of the materials used therein.
(7)
No sign which is leased or rented for economic gain, including a sign commonly known as a billboard, shall be erected, maintained, or displayed, including those which advertise or promote any business, profession, interest or product on a lot other than upon the premises whereon such sign is situated. The Town of Tuxedo does not control or regulate billboards situated within any state highway right-of-way, provided a copy of the state approval is filed in the Code Enforcement Officer's office.
G.
Standards for signs accessory to nonresidential uses requiring site plan or sign permit approval.
(1)
Number and type of permanent signs. Schedule A regulates the number, size and types of signs allowed on properties within each zoning district in the Town of Tuxedo. A "P" indicates that the type of sign is permitted in the applicable zoning district. A "NP" indicates that the sign type is not permitted in the applicable zoning district.
Schedule A Permitted Number and Type of Signs by Zoning District | |||
|---|---|---|---|
Zoning District ► | SR, C, R-1, R-2, R-3, R-4, S-HR | S-HB, T-TC, NB, GB | LIO, RO |
Permitted Number of Permanent Signs per Lot*► | 2 | 2 | 2 |
Sign Type ▼ | |||
Wall Sign - A facade sign attached parallel to a wall and not projecting more than six inches from same, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall and building, and which displays only one sign face. | P | P | P |
Projecting Sign - Any sign other than a wall sign affixed to any building, structure or wall that is wholly or partly dependent upon such building, structure or wall for support whose leading edge extends beyond such building, structure or wall more than six inches or is constructed perpendicular to said building, structure or wall. | NP | P | NP |
Iconic Sign - A facade sign projecting perpendicular from the wall of a building that is a pictorial symbol conveying the nature of a business, e.g., a barber pole, eyeglasses, boots, mortar and pestle. They are normally constructed in heavy relief or are three dimensional. | NP | P | NP |
Freestanding Sign - A sign supported by structures or supports that are placed on, or anchored in, the ground independent of any building and which may display up to two faces. A freestanding sign may be installed on one post, two posts on either side of the sign, or may be installed directly on the ground, i.e., a monument sign. | P | P* | P |
Freestanding Directory Sign - A type of freestanding sign that includes panels listing tenants in a multitenant building. | NP | P* | NP |
Window Sign - A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, but not including graphics in connection with customary window display of products. | NP | P | NP |
Awning Sign - A retractable or fixed shade-producing or weather-protection device made of flexible material, which is attached to a building or extends over a window or door identifying or advertising the business on premise. | NP | P | NP |
Notes: | |
|---|---|
* | For any lot with a multiuse or multitenant building, one freestanding sign or freestanding directory sign is permitted for the building, and two signs (other than a freestanding or freestanding directory sign) shall be permitted for each tenant or use. |
(2)
Design standards applicable to all signs.
(a)
Illumination.
[1]
Sign lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties. Lighting shall be cast downward.
[2]
Externally illuminated signs that project light onto the sign shall be permitted. The light source shall be shielded from direct view.
[3]
Lighting shall be extinguished during times when the business is not in operation. Lights may be required to be placed on timers to ensure this requirement is met.
[4]
Internally illuminated box lit signs existing on the effective date of the enactment of this chapter amending this section may be continued, but any new box sign shall be prohibited.
[5]
In the LIO and RO Zones only, buildings with light industrial and office uses are permitted back-lighted signs with opaque, reverse channel letters or back-lighted signs with dimensional Plexiglass letters. Where said use is situated adjacent to a residential use, timers shall be installed to control the hours of operation.
(b)
Materials.
[1]
Paper and injection molded plastic signs are not permitted.
[2]
Raised surface-mounted letters of wood, steel, brass, stainless steel, bronze or PVC resin is preferred; sheet metal, finished plywood is permitted.
[3]
Flat framed wooden signboards or synthetic resin boards with carved raised or recessed lettering or professionally printed letters are permitted.
[4]
Signs with gold-leaf lettering are encouraged.
(3)
Wall sign design standards.
(a)
Except in the Ro and LIO District, one wall sign per building or tenant is allowed on the facade facing a public street. The sign shall not conceal any part of a window and shall not extend above the roofline.
(b)
Except in the Ro and LIO District, the maximum length of a wall sign shall not exceed 70% of the length of the building facade fronting to the street or tenant's front facade, whichever is less. The maximum height shall not exceed two feet.
(c)
In the Ro and LIO District, one wall sign per building is allowed on the facade facing the public street. The maximum length of a wall sign shall not exceed 70% of the length of the building facade fronting to the street, except that no wall sign shall exceed 20 feet in length, nor shall the sign area exceed 10% of the total wall area of the building space to which the sign is associated.
(4)
Projecting sign and iconic sign design standards.
(a)
One projecting or iconic sign per building or tenant is allowed on the facade facing a public street. No projecting sign shall overhang the public way beyond a line four feet from the building face, and its bottom shall not be mounted above the level of the second story windowsill. The sign shall maintain a minimum clearance of eight feet from the ground.
(b)
The maximum length shall not exceed four feet. The maximum height shall not exceed four feet.
(c)
The maximum sign area shall not exceed 12 square feet.
(d)
Projecting signs shall be securely installed. Where a projecting sign projects into the public right-of-way, approval may be conditioned upon the applicant holding appropriate liability coverage to hold the Town of Tuxedo harmless for any action associated with the sign.
(5)
Freestanding sign and freestanding directory sign design standards.
(a)
One freestanding sign or one freestanding directory sign is allowed per principal building. A freestanding sign in the 100-year floodplain is subject to Planning Board site plan review and approval.
(b)
A freestanding sign is permitted in the front yard setback but shall not overhang a property line, driveway or walkway. The Code Enforcement Officer or Planning Board may consult with the Highway Superintendent or Town Engineer with regard to the placement of the sign to ensure adequate sight distance is maintained. No sign may interfere with required sight distances.
(c)
The maximum height of the sign shall not exceed 10 feet from ground level to the top of the sign. The maximum length shall not exceed five feet.
(d)
The maximum sign area shall not exceed 25 square feet per side.
(e)
For a freestanding directory sign, each panel shall be the same dimension, no less than eight inches nor more than one foot in height. The colors used for background and lettering shall be the same on each panel, and no more than three colors may be used. One panel may be larger than the remainder, but in no case shall the total of all panels exceed the maximum sign area.
(f)
The posts to which a freestanding sign is mounted shall be stone or other masonry, metal, aluminum, wood, or resin with a minimum diameter of four inches. Treated wood posts shall not be used unless painted, stained, or finished with clear polyurethane. Metal, including aluminum, posts shall only be permitted if said posts are constructed to appear like wood or other similarly natural materials, as reviewed according to the Planning Board and Code Enforcement Officer's discretion under this section. The top of the posts shall be decorative, either through an appropriate wood cut or use of finials.
(g)
Signs shall be installed in a landscaped bed or box unless the Code Enforcement Officer determines that installation of the landscaped bed or box would interfere with traffic maneuvering or sight distance.
(6)
Window sign design standards.
(a)
One window sign is permitted per building or per tenant.
(b)
In addition to a window sign, up to two neon or LED signs may be permitted in the HB and NB Districts only. The total sign area of the two neon/LED signs shall not exceed eight square feet, and no individual neon/LED sign shall exceed five square feet. Neon signs shall not outline the shape or form of any window to which it is attached.
(c)
All signs within a window - permanent, neon, LED, and/or temporary - shall not exceed 40% of the total area of the window in which the signs are located.
(7)
Awning sign design standards.
(a)
An awning sign may be located above an entrance or window. The height of the skirt on the extension shall not exceed eight inches. An awning sign may be permitted in addition to a wall or projecting sign.
(b)
Awnings shall be constructed of a material which shall be rot-, weather-, and abrasion-resistant.
(c)
Awnings with a single, solid color are permitted. Awning colors should complement the colors of the building. Colors that call more attention to the awning than the building are inappropriate. Preferred colors include forest green, maroon, dark blue or black.
(d)
Where awnings have been installed previously on a building, the Code Enforcement Officer may require that the same shape or color of awning be installed.
(e)
Awnings should be designed to project over individual window and door openings (i.e., mounted in the reveals of openings). Awnings that are a continuous feature, extending over several windows, doors, masonry piers, or arches, are not permitted.
(f)
Where an awning projects into the public right-of-way, approval may be conditioned upon the applicant holding appropriate liability coverage and holding the Town of Tuxedo harmless.
(8)
Miscellaneous sign requirements.
(a)
Wall murals. A wall mural may be permitted at the discretion of the Town Board and is not subject to the maximum sign requirements set forth in Schedule A.
(b)
Banners in public rights-of-way. Banners, flags, and other temporary signs advertising seasonal events, e.g., a farmer market, are subject to approval of the Town Board.
H.
Temporary signs. Unless exempt under Subsection E, signs to be erected for short duration require sign permits which indicate the dates during which the signs may be displayed.
(2)
Such signage shall not exceed 16 square feet in total area.
(3)
Such signage shall not be displayed by an activity or business for more than 60 days total in any one calendar year on any one property. A new permit may be issued after expiration of a prior permit with Town Board approval, which will include new dates during which the sign may be displayed.
(4)
Portable signs may be allowed with a permit but are not to exceed placement for longer than 60 days total per year.
(5)
No lighting of temporary signs is permitted.
(6)
No more than one temporary sign permit may be granted to or be in effect for an applicant at any one time.
(8)
Permits for temporary signs, outside of a site development plan, will be approved and issued by the Town Board, provided that the guidelines and requirements of this section are followed.
(9)
Any sign not removed in the time provided for above is a violation of this chapter. Each day such violation continues is deemed a separate and distinct violation.
I.
Maintenance and repair required. As required by § 98-30I, all signs must be maintained in a safe, presentable, and structurally sound condition at all times. This includes keeping the sign clean, neatly painted, and free from all hazards, such as, but not limited to, faulty wiring or loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. In the event of violation of any of the foregoing provisions, the Code Enforcement Officer shall require its removal in accordance with § 98-30J below.
J.
Enforcement; removal and disposal of signs.
(1)
The Code Enforcement Officer of the Town of Tuxedo is hereby designated as the officer for the enforcement of the provisions of this section and is authorized to bring such criminal or civil proceedings at law in the Town Justice Court or otherwise on behalf of the Town of Tuxedo as may be necessary to compel compliance, or to pursue any other remedies available under this chapter or the laws of the State of New York.
(2)
Removal and disposal of signs. In addition to and not in lieu of other remedies and penalties for Zoning Chapter violations, unlawful, dangerous, or ill-maintained signs may be removed by the Town pursuant to the provisions below.
(a)
The Code Enforcement Officer shall cause to be removed any sign that endangers the public safety. If the Code Enforcement Officer shall find that any sign regulated by this section is unsafe or not properly secured, or is a menace to the public, he 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 10 days from the date of said notice. If the sign is not removed or repaired, the Code Enforcement Officer shall revoke the permit issued for such sign, as herein provided, and may, subject to procedures that must comply with due process, remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located pursuant to Chapter 5 of the Town Code. The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
(b)
Any sign (other than a sign along primary, National Highway System, or Interstate Highways controlled by the United States Department of Transportation, or a billboard in an area zoned industrial or manufacturing) existing on or after the effective date of this section which is no longer accessory to an existing activity on the premises shall be removed within 60 days after the use has ceased operation or upon written notice of the Code Enforcement Officer as set forth in Subsection A above. The Code Enforcement Officer, 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. Upon failure to comply with such notice within the prescribed time period, the Code Enforcement Officer is hereby authorized, subject to procedures that must comply with due process, to remove or cause removal of such sign, and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located pursuant to Chapter 5 of the Town Code.
(3)
Civil penalties. Civil penalties for any violation of this section may be pursued pursuant to Chapter 37 of the Town Code.
(4)
Injunctive relief. An action or proceeding in equity may be instituted in the name of the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this section or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this section, pursuant to Chapter 37 of the Town Code. In particular, but not by way of limitation, where the construction or use of a sign or sign structure is in violation of any provision of this section, or any stop-work order, order to remedy or other order obtained under the Code or this chapter, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any other court having jurisdiction, to obtain an order compelling the removal of the sign or sign structure or an abatement of the violations of such provisions. No action or proceeding described in this subsection shall be commenced without authorization by the Town Board.
K.
Nonconforming signs. It is the express intent of this section to supersede General Municipal Law § 74-C pursuant to Section 10(d)(3) of the Municipal Home Rule Law. Permanent signs that do not conform to this chapter and that were legally in existence prior to the effective date of this chapter or any amendment thereof that makes the sign noncompliant shall be permitted to continue as set forth below:
(1)
Any nonconforming sign, lawfully existing on the effective date of this section, may continue indefinitely, except if such nonconforming sign is discontinued, removed, not maintained or structurally altered for any reason, or is deemed by the Code Enforcement Officer to be irreparably dangerous or defective, such exemption period shall terminate and shall result in the immediate removal of the nonconforming sign.
(2)
Billboards and box signs. Billboards and box signs in existence on the effective date of this section shall be allowed to continue. Once removed, box signs and billboards shall not be re-established. The installation of new billboards and box signs is prohibited.
L.
Appeals. Appeal to ZBA. The Code Enforcement Officer shall deny any application for a sign which is not in conformity with this section. Any person desiring to erect, maintain or display a sign not in conformity with this section, but not a prohibited sign pursuant to this section, may apply to the Zoning Board of Appeals for relief and shall supply any and all information and specifications as shall be required by the ZBA regarding the manner of construction, materials, dimension, shape, colors, illumination and proposed location.
M.
Penalties for offenses.
(1)
Any person committing an offense against any provision of this section shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the section of New York, punishable by a fine not exceeding $250. Each day that such violation is permitted to continue shall constitute a separate and distinct violation.
(2)
In addition to the penalties imposed by Subsection M(1) of this section, the Town of Tuxedo shall be entitled to recover a civil penalty in the sum of $100 per day for each day during which the violation continues. Written notice to correct such violation shall be a prerequisite to the recovery of this penalty, which shall be recoverable commencing five days after service of the notice required hereunder.
(3)
The imposition of penalties herein prescribed shall not preclude the Town or any other person from instituting appropriate legal action or a proceeding to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion or maintenance or use or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.
N.
Substitution. A protected noncommercial message of any type may be substituted, in whole or in part, for a commercial message displayed on any sign permitted by this Code. Such substitution of message may be made without additional approval, permitting, registration, or notice to the Town.
O.
Severability. If any clause, sentence, paragraph, section or part of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remaining portions hereof, but shall be confined to the clause sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.