Signs

Purpose:

            The purpose of this chapter is to promote and protect the general health, safety and welfare of the Village of Tuckahoe by regulating the design, construction, installation and maintenance of existing and proposed exterior signs and awnings and interior signs to be viewed externally. This chapter is intended to: protect property values and create an attractive and harmonious economic climate; to permit effective identification of businesses to encourage economic prosperity; to protect and enhance the aesthetic environment by ensuring signage appropriate to the character of the Village; to reduce sign distractions and obstructions that may contribute to traffic accidents; to reduce hazards which may be created by signs projecting over or standing on sidewalks and streets; and to regulate signs and awnings in a manner consistent with the legislative intent and purposes set forth herein.

3-16.       Definitions

As used in this Article, the following terms shall have the meanings indicated:

  1. Sign – Any material, structure or device which is composed of letters, pictures, engravings or symbols; designed or used for the purpose of attracting, or which does attract, the attention of the public to the subject matter thereof; and either located out of doors on the exterior of a building or located inside a building within five (5) feet of the window or in a manner to be viewed principally by passersby.
  2. Other Definitions

a.       Awning - A roof-like shelter over a door or window of durable waterproof fabric attached to a rigid frame and supported entirely from a wall of a building.

a.       Retractable Awning – Any awning supported solely by the wall of a building which can be raised to position flat against the building when not in use.

b.      Stationary Awning – Any awning that is not moveable.

b.      Awning Sign - Any awning with a visual message.

c.       Banner- A sign or decoration composed of cloth or lightweight material and is typically hung over a street or an entrance.

d.      Barber Pole - Any cylindrical, rectangular or polygonal upright column, either with or without a rotating core, and having no internal illumination which is customarily used for advertising a barber shop.

e.       Bill - A public notice such as an advertising poster.

f.        Billboard – A sign which directs attention to a business, commodity, or service or entertainment conducted, sold, or offered elsewhere.

g.       Building Fascia – That portion of any elevation of a building extending vertically from the grade to the top parapet wall or eaves, and horizontally across the entire width of the building elevation, including slanted wall surfaces sometimes referred to as a mansard.

h.       Building Inspector – the Building Inspector of the Village of Tuckahoe

i.         Business Establishment – Any premises, either separate or defined by permanent party walls within a building, with a common entrance or entrances for one (1) or more businesses conducted therein. Each business in a building shall be considered its own business establishment for purposes of this Chapter.

j.        Code Enforcement Officer – The Code Enforcement Officer of the Village of Tuckahoe.

k.      Directional Sign – A sign designed to provide direction to pedestrian or vehicular traffic.

l.         Display Window – The area in a storefront specifically designed to display an arrangement or visual representation of merchandise to attract buyers.

m.     Erect - When used with respect to signs, means to paint, build, construct, alter, display, relocate, attach, hang, place, suspend, or affix.  Such term does not include the repainting or refinishing of a sign in a manner which changes the color or design of a sign or any of its components.

n.       Free-Standing Sign - A sign not permanently attached to or part of any building but separate and permanently affixed into or upon the ground, including but not limited to pole and pylon signs, and monument signs.

(1)        Pole/Pylon - A freestanding sign with the base of the actual sign area at least six feet above the ground and supported by a vertical pole(s) or pylon(s).

(2)        Monument Sign - A freestanding sign supported by a base or one or two posts, with the top edge of the sign no more than six feet above the grade.

(3)        Post and Arm Sign - A freestanding sign comprising a vertical post to which a perpendicular arm is attached and from which the sign hangs. 

o.      Gasoline Filling Station Canopy - A roof-like structure covering fuel dispensers at a gasoline filling station.

p.      Illuminated Sign - Any sign, including but not limited to neon, in or upon which an artificial light source is utilized in a manner to illuminate the information and graphics of the sign. There are four (4) types:

(1)        Self-Illuminated:

(a)    Type A – Direct source wherein the light source itself is shaped and utilized to form the sign (e.g., neon or an array of individual lamps).
(b)   Type B - Internal-Illumination wherein a translucent, transparent or opaque material which forms the sign is back-lighted by the light source and the light source is enclosed from direct view.

(2)        Externally Illuminated:

(a)    Type C – Direct external illumination wherein the sign is illuminated by a light source placed in a manner to cast light upon the sign.
(b)   Type D - Indirect external illumination –wherein the sign, whether on an opaque, transparent or translucent panel, or applied to the window of the business establishment, is illuminated by ambient light.

q.      Informational Sign – Signs permanently affixed to doors or windows advertising hours of operation, accepted credit cards, national or regional brands, menus.

r.        Logo/Logotype - A distinctly styled representation of the business, building or trademark for the specific business or building it serves.

s.       Off-Premises Sign - A sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.

t.        Painted Sign - Any sign which is painted or otherwise inscribed directly on any wall of a building or structure.

u.       Parapet Wall – The part of any wall entirely above the roof line.

v.       Plaque - A professional or commemorative, flat, thin, sign affixed directly to a building facade (e.g., professional name plates, historical plaques, directory plaques, etc.).

w.     Portable Sign - A sign designed to be moveable and not structurally attached to the ground, a building, a structure or another sign, including, but not limited to banners, balloons, and sandwich boards. 

x.       Principal Sign – The establishment’s primary sign identifying the business to passersby, whether on a wall, awning or window.

y.       Professional Name Plate - A plaque limited to the name of the professional.

z.       Representational Sign – A three-dimensional sign built so as to physically represent the object advertised.

aa.   Right of way – A public path or route over private property that may lawfully be used by pedestrians.

bb.  Shopping Center- A group of stores, restaurants, and/or businesses within a single architectural plan. For the purposes of this Chapter, the compilation of businesses commonly known as Depot Mall at the corner of Columbus Avenue and Main Street.

cc.   Sidewalk – A paved walk way along the side of the street for pedestrian use.

dd.  Sidewalk Partition – A barrier or separator that divides or encloses the business and is located outside of the business on the sidewalk.

ee.   Sign Directory - A listing of two or more business enterprises.

ff.      Sign Structure - The supports, uprights, bracing and framework for a sign.  In the case of a sign structure consisting of two or more sides where the angle formed between any two of the sides or projections thereof exceeds 30 degrees, each side shall be considered a separate sign.

gg.   Sign Surface Area - The entire area within a single, continuous perimeter enclosing all elements which form an integral part of a sign.  The structure supporting a sign shall be excluded unless the structure is designed in a way so as to form an integral background for the display.

hh.   Street – Means any public or private way, street, avenue or road.

ii.       Temporary Sign - Any sign that is displayed for thirty (30) days or less, herein, including but not limited to signs for construction projects, political campaigns, real estate sales, grand openings, seasonal sales, anniversaries, or any other special event.

jj.      Wall Mounted Sign - A sign which is mounted directly on and parallel to the building wall.

kk.  Window – The entire glassed area within the frame.

ll.       Window Sign

a.       (Exterior) - A sign visible from a sidewalk, street, or other public place which is permanently painted or etched on a window.

b.      (Interior) - A sign visible from a sidewalk, street, or other public place which is supported on an easel, mounted on a wall, affixed to a window or suspended from a ceiling, located inside and primarily intended to be viewed from the exterior and is located five (5) feet or less from the window.

3-17.       Prohibited Signs.

a.       All signs not specifically permitted are prohibited.

b.      Exterior signs containing product or service advertising or trade names separate from the name of the business.

c.       Neon signs.

d.      Non-street level window signs, except in industrially zoned areas.

e.       Off-premises signs and billboards, except as expressly permitted herein. 

f.        Painted signs. 

g.       Permanent interior window signs.

h.       Pole/pylon signs.

i.         Portable signs; except as expressly permitted herein. 

j.        Representational signs.

k.      Self-illuminated signs.

l.         Signs or sign supports placed on the roof of a building and signs on parapets of buildings with more than one (1) story.  For the purpose of this local law, a mansard fascia shall be considered a parapet. 

m.     Signs illuminated by or containing flashing, intermittent, rotating or moving lights, or which vary in intensity or color or that resembles traffic control devices.

n.       Signs with visible moving, revolving or rotating parts, or visible mechanical movement, except traditional barber pole made of non-reflective materials.

o.      Signs constructed of or containing mirrors or other reflective materials.

p.      Signs that emit smoke, vapors, particles, or sounds.

q.      Signs that, by dimension, placement or visible light sources, obstruct the traversing by or the vision of pedestrians, cyclists or motorists, traveling on or entering buildings, public streets, sidewalks or rights-of-way.

r.        Signs or exterior displays consisting of pennants, flags, (except for one American Standard) ribbons, streamers, spinners, or similar moving, fluttering, or revolving devices, except as expressly permitted herein.

s.       Signs that are painted, pasted, or printed on any wall, façade, roof, door mansard, curbstone, flagstone, pavement or any portion of any sidewalk or street except house numbers and traffic control signs.

t.        Signs placed upon any covered way, fencing or barricades other than those of the owner, tenant or occupant of the premises or the contractor engaged in the construction of the building in front of which such covered way, barricade or fence is located.

u.       Signs placed upon benches or waste receptacles, except for a plaque not in excess of thirty-six (36) square inches in area identifying the donor of the bench or the receptacle.

v.       Signs and bills placed upon fences or barriers around construction sites.

w.     Signs or sign structures that interfere in any way with free use of any fire escape or emergency exit.

x.       Signs that contain any lighting or control mechanism that may cause interference with radio, television, or other communications signals.

y.       Signs with the optical illusion of movement, changing copy or holograms.

z.       Temporary signs except as expressly permitted herein.

3-18.       Exemptions

3-18.1. Temporary Banners

1.      Temporary banners which are not in excess of twenty-five (25) square feet and are intended to be posted for a period less than thirty (30) days are exempt from review by the Sign and Awning Review Board as required herein.  However, they must receive written permission from the Village Clerk before being posted. In order to receive written permission one must present the following to the Village Clerk:

a.       A written request stating the dates the temporary banner will be posted and removed; and

b.      A drawing or sample of the proposed temporary banner.

c.       Upon receiving the written request and drawing or sample, the Village Clerk may give written permission noting the date that the banner may be posted and the date the banner must be removed. This period shall not exceed thirty (30) days.

2.      Limitations of Temporary Banners

a.       Once the business removes the temporary banner after the specified time, the business will be required to wait a period of sixty (60) days before again requesting written permission from the Village Clerk for another temporary banner.

3-18.2 Temporary Signs

1.      Temporary signs which are not in excess of two (2) feet by two (2) feet and are intended to be posted for less than thirty (30) days do not need a permit and are exempt from approval of the Sign and Awning Review Board.  The following are considered temporary signs for the purposes of this Chapter:

a.       Commercial special event signs such as those used to announce grand openings or other similar events;

b.      Signs used to announce or advertise such temporary uses as fairs, carnivals, seasonal events, agricultural events, circuses, revivals, sporting events, flea markets, or any public, cultural, charitable, educational or religious event or function, including messages of congratulations or commemoration.

c.       Advertising display panels, posters and similar graphic material relating to general sales information, special offerings, sales promotions and events may be displayed without a permit as long as:

                                                               i.      They are in an orderly, clean condition and are neatly displayed and are mounted on solid, sturdy material. Metallic, iridescent and bright colors are prohibited.

                                                             ii.      That if affixed to a window, such signs shall not, individually or cumulatively, cover greater than one-third (1/3) of the outside door glass or street-level window space of any store, office or place of business.

                                                            iii.      That if not affixed to a window, such signs are individually supported on easels, mounted on a wall or suspended from the ceiling in a true and square manner and are located at least five (5) feet back of the window glass.

3-18.3 Other Exempt Signs

1.      Informational signs as defined herein, not exceeding a total gross area of one (1) square foot per door or window. No informational sign shall be illuminated.

2.      Holiday lights and decorations displayed in season, including temporary seasonal paintings on windows, and special contest events by local schools, etc; provided they are removed within fourteen (14) days after the holiday or event.

3.      Signs incorporated into machinery or equipment by a manufacturer or distributor which identifies or advertises only the product or services dispensed by the machine or equipment, such as signs integrated into the design of vending machines, newspaper racks, telephone booths and gasoline pumps.

4.      Warning signs to indicate the dangers of trespassing, swimming, and/or similar hazards, not exceeding one square foot in area, or as deemed adequate by the Building Inspector when special conditions apply.

5.      Alarm or security signs, no more than one square foot in area.

6.      Interior directory signs on commercial or multi-family residential properties which are not visible from any public street.

7.      On-premise directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs.  Business names shall be allowed, excluding advertising messages.

8.      Identification numbers on buildings, which shall be at least three (3) inches in height, but no greater than six (6) inches in height and are displayed in numeric value and shall be placed on the front of the building in such manner as to be plainly legible from the center of the street and said number shall be placed near a source of illumination so that it may be readily seen at night.

9.      Professional name plates provided, however, that such professional name plates shall not exceed one square foot in area and in no case exceed 18 inches in length, and provided they are placed flat against the exterior wall or door of the occupied premises.  Name plates at buildings with multiple business establishments shall be of a uniform design.

10.  Political signs, not exceeding twenty (20) square feet in area, including signs promoting, advertising or identifying a political party, candidate or issue, shall be limited to one such sign per candidate (or per party or issue) per storefront or lot except that two such signs shall be permitted on a premises located at a corner property at the intersection of two public streets.  Political signs relating to elections shall not be erected prior to 90 calendar days before the election, and must be removed no later than five (5) calendar days after the election.

11.  Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency or non-advertising signs as may be approved by the Building Inspector, Superintendent of Highways and/or Chief of Police.

12.  One parking and/or towing sign per seventy-five (75) parking spaces, which is located inside a private lot and is no greater than five (5) square feet in area and is either black and white or red and white.

13.  Real estate “For Sale” or “For Rent” signs for commercial properties in the non-residential zoning districts as defined by the Village of Tuckahoe zoning code shall be permitted provided that there is not more than one sign, no greater than two feet by two feet, and it is installed only in the interior window of the subject property. The sign is limited to stating “for sale/lease/rent” and phone number of owner or owner’s agent and must be on a black background with red lettering.

14.  Construction signs for commercial or multifamily properties: A single temporary construction sign displaying the name of the architect, principal contractor, subcontractors and other contractors engaged in the work of constructing a building or structure for which a building permit has been issued and has not expired, shall be permitted. Such temporary sign shall be no more than twenty-five (25) square feet and may be erected only upon the private property and not on the town right of way. Text is limited to project, contractor, owner, future tenant, agent, and telephone number. Said sign shall be removed immediately upon completion of construction or renovation.

15.  The Village of Tuckahoe, its agents, departments or officials shall not be subject to the requirements of this Chapter.

3-19 Standards/General Provisions

3-19.1 Dimensions and Placement

  1. Wall Mounted Signs

a.       The maximum vertical dimension or height of each sign shall be twenty-four (24) inches and the maximum horizontal dimension or length of each sign shall not exceed seventy-five (75) percent of the building housing the business which is the subject of the sign and has street frontage. In any case, the maximum horizontal dimension or length of each such sign shall not exceed thirty (30) feet on any street frontage for the same business establishment.

b.      The lower edge of a sign shall not be located above the level of the floor of the second story of the building upon which the sign is placed or maintained. On a one-story building, such sign may be located on the face of a parapet wall.

c.       Where the design of an existing building façade incorporates a specific area for signs, the height and length of the signs shall be restricted to the dimensions of this location.

d.      The maximum overall height of letter groups (including upper and lower case letters) and graphic symbols (including logos) shall be eighteen (18) inches. Where there is more than one (1) line of letters and symbols, the combined height of letters and symbols shall not exceed eighteen (18) inches, including span between lines.  No individual letter mounted directly on the wall shall exceed eighteen (18) inches in height.

e.       The minimum thickness of letter forms and graphic symbols, other than those painted on the surface, shall be three-eighths (3/8) inch.

f.        Signs shall be placed parallel to the façade of the building and, except for those on awnings, no part of a sign shall project more than two (2) inches beyond the face of the surface to which it is applied nor extend beyond the building in any direction.

  1. Monument Signs

a.       Monument signs shall be limited to the private property of the business unless the Village first consents to the sign being placed on public property.

b.      Monument signs shall not obstruct drivers’ sight lines.

c.       Monument signs shall not be more than six (6) feet in height, measured from the grade to the top edge of the sign, and shall have an area no greater than twenty-four (24) square feet.

d.      Letters shall not exceed three (3) inches in height.

e.       Monument Signs may be used as secondary signs.

  1. Window Signs

a.       Applicants may use exterior window signs as a secondary sign (to be included in the total number of signs) with business name and description.

b.      Phone numbers, email addresses, fax numbers, etc. may be displayed as part of the exterior window sign.

c.       Window signs may not exceed one-third (1/3) of the total window area.

d.      Lettering shall not exceed five (5) inches in height.

e.       Vinyl letters may be used on windows.

f.        When the applicant uses a display window, the applicant may have window signs that do not exceed ten (10) percent of the total window area.

  1. Banners

a.       Banners not in excess of twenty-five (25) square feet in area shall follow the provisions set forth for temporary banners in section 3-18.1.

b.      Banners greater than twenty-five (25) square feet in area shall be required to meet these additional requirements:

                                                               i.      Apply for a permit from the Sign and Awning Review Board;

                                                             ii.      If such permit is granted it shall be limited to thirty (30) days unless a greater amount of time is specifically requested by applicant and reasons for an extension are given and approved by the Sign and Awning Review Board.

c.       Such banners shall be made of durable waterproof material and shall be securely affixed to the building façade or other approved surface.

d.      Each business shall be limited to one (1) banner displayed at a time.

e.       Banners shall at no time be hung from awnings.

f.        Any banner which shall be displayed over any sidewalk, street or highway, shall be subject to approval from both the Building Inspector and the Superintendent of Highways, and New York State and Westchester County Departments of Transportation, if required.

5.      Illuminated Signs

a.       Self-illuminated signs (Types A and B) and product and brand name advertising signs are prohibited on the building exterior, in the window or within the interior arranged in a manner intended to be seen by passersby.

b.      One (1) externally illuminated sign (Types C or D) identifying the name of the business and/or the principal business activity or service provided will be permitted per street façade whether on the exterior of the building, located on the window, or within the interior arranged in a manner intended to be seen by passersby. On buildings located on two (2) or more streets, a maximum of two (2) illuminated signs, with no more than one (1) per street, is permitted.

c.       The light sources providing the illumination for Type C signs shall be one (1) of two (2) types:

                                                               i.      Ornamental incandescent fixture mounted to the façade of the building with a maximum projection of fifteen (15) inches.

                                                             ii.      Concealed continuous strip with incandescent or fluorescent lamps mounted immediately adjacent to the plane of the building façade and enclosed, with minimum projection (four (4) inches).

d.      The design and appearance of light fixtures shall be fitting and appropriately integrated with the architectural character of the building façade and that of its neighbors.

e.       Light sources shall be:

                                                               i.      Shielded or screened in a manner not to be seen by passersby from a normal viewing angle. Intense or glaring light is to be avoided.

                                                             ii.      Limited to natural white incandescent of fluorescent lamps.

                                                            iii.      Designed to cause a reasonable uniform distribution of light upon the full extent of the sign.

f.        Illumination generally:

                                                               i.      No exterior signs on any building or premises shall be illuminated after 12:00 midnight, except those places of business which shall remain open after 12:00 midnight, and they shall be extinguished at the time of closing of such business.

                                                             ii.      Illuminated signs shall employ only lights emitting an essentially white light. No intermittent flashing or revolving illumination shall be employed nor shall any sources of illumination be exposed except as herein provided.

                                                            iii.      No illuminated sign employing any red, green or amber light source shall be located as to be in the direct line of vision to and beyond a traffic light from any point in the street served by such traffic light.

  1. Portable Signs and Additional Signs

a.       Sandwich Board Signs

                                                               i.