(1) No exterior or interior sign, advertising display or structure, poster or device shall be erected, moved to another portion of the building, enlarged or reconstructed or relettered or redesigned without the owner first having obtained and paid for and having in force a permit therefore from the Architectural Review Board.

(2) The following two operations shall not be considered creating a new sign and therefore shall not require a sign permit:

(a) The changing of the advertising or message on an approved sign which is specifically designed for the use of temporary replaceable copy (i.e., a movie marquee or bulletin board).
(b) Painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change is made or there is a change in the graphic presentation on the face of a sign.

Restrictions on signs in all districts.
No signs other than signs placed by agencies of the government shall be erected on any public property or public right-of-way unless consent is first obtained from the Village Board of Trustees. No sign shall be placed on any private property without the consent of the owner thereof. No sign shall be placed or painted on any tree or rock. No sign shall be placed on any utility pole except for utility identification or similar purposes. Signs shall be placed so as not to obliterate, conceal or destroy architectural and decorative trim. All signs shall be of good quality materials. The size and content of the sign shall be the minimum essential for legibility and for the provision of information to patrons seeking the particular use described on such sign. Signs must be placed so that they are integrated with design elements of the building(s) on the lot on which they are placed.

Unsafe signs.

(1) The owner of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good working order at all times and to prevent the corrosion, rotting or other deterioration in the physical appearance or safety of such sign.

(2) If the Building Inspector shall find that any sign regulated herein is unsafe, insecure, damaged, deteriorated or a menace to the public or has been erected in violation of the provisions of this section, he shall give written notice to the sign owner or the owner of the premises on which such sign is located. Said sign and all appurtenances shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 30 days after written notification from the Building Inspector.

(3) If, in the determination of the Building Inspector, a sign is an immediate peril to persons or property, he may cause such sign to be removed summarily and without notice and the expense of said removal, when certified by said Building Inspector to the Village Board, shall be paid by the Village and such amount shall thereupon be and become a lien upon the premises in question and shall be levied and collected in the same manner and under the same penalties as an assessment for a public improvement.

Multiple occupancy overall sign plan. When there are two or more occupants of a premises, such as a shopping center or strip mall, an overall plan for signage shall be required prior to installation or replacement of any individual sign. The overall plan shall satisfy all requirements and guidelines of this section. Individual signs shall be the same with regard to materials and color, but letter size and style may vary.

See § 360-4.11: Signs for complete, detailed information.

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Sign Permit.
A. Purpose. The purpose of this section is to control outdoor and window signs of all types and in all zoning districts by regulating size, location, quantity, quality, content and design to:

(1) Enhance and protect the Village's physical appearance and environment, so as to protect the Village's scenic and natural beauty and to create an attractive economic, business and tourist climate;
(2) Encourage excellence in sign design and to provide uniform design standards;
(3) Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents or driver confusion;
(4) Reduce hazards from signs on public rights-of-way;
(5) Increase the profitability of businesses in the Village of Nyack by encouraging residents and visitors to shop in the stores;
(6) Replace or remove nonconforming signs; and
(7) Promote the health, safety and welfare of the residents of the Village of Nyack.

B. Applicability. A sign permit is required for the erection, moving, enlargement, reconstruction or redesign of any exterior or window sign, except for the following:

(1) The changing of the advertising or message on an approved sign that is specifically designed for the use of temporary replaceable copy (i.e., a movie marquee or bulletin board).
(2) Painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change is made or there is a change in the graphic presentation on the face of a sign.

C. Procedure.

(1) Step one: Application submittal. Applicable.

(2) Step two: Determination of application completeness. Applicable.

(3) Step three: Application referral, review and staff report. Applicable, with the following modifications: The ARB shall approve, approve with modifications or disapprove the application within 60 days of receipt of the complete application, except where a sign application is part of a site plan or special permit application, in which case the sign shall be reviewed as part of that application. As part of a site plan or special permit application, the decisionmaking body shall refer the application to the ARB for a recommendation on the application.

(4) Step four: Public notice. Applicable.

(5) Step five: Public hearing. Applicable.

(6) Step six: Decision and findings. Applicable, with the following modification: The Building Inspector shall issue a sign permit within five calendar days of receipt of the ARB's decision, subject to delivery to the Building Inspector of an insurance certificate, in a form and amount acceptable to the Building Inspector, naming the Village as an additional insured under the permit owner's comprehensive general liability coverage. Such certificate shall provide that the insurance cannot be canceled without 30 days' prior notice to the Village of Nyack Building Inspector. The permit shall be conditioned upon the permit owner keeping such insurance in effect.

D. Criteria. In reviewing a sign permit application, the ARB shall take into consideration the purpose and intent of this section and all relevant standards of this chapter, including the sign standards of § 360-4.11: Signs, as well as strength of illumination of the sign and whether its design, materials and placement are appropriate for the building on which it will be located and compatible with nearby buildings and structures. For properties designated as a landmark or located within a designated historic district, the application must also meet the standards applicable to a certificate of appropriateness.

See Building Department for information about applications and permits.