Irvington City Zoning Code
ARTICLE XXIX
Signs and Awnings
§ 224-188 Purposes.
This article is enacted to promote the public health, safety, and welfare and for the following purposes:
A.
To create a legal framework for a comprehensive and balanced system of street graphics that will coordinate the type, placement, and scale of existing and proposed exterior signs and interior signs placed for external observation.
B.
To encourage the effective use of signs as a means of communication in the Village.
C.
To protect property values throughout the Village and enhance the business district as a shopping, business and tourist destination.
[Amended 9-18-2017 by L.L. No. 7-2017]
D.
To protect against clutter and blight and to enhance the physical and natural beauty of the Village by ensuring the creation of street graphics that are appropriate to the historic and architectural character of Irvington.
E.
To improve pedestrian and traffic safety.
F.
To control the effect of signs, including glare, on adjacent public and private property.
§ 224-189 Applicability.
A sign or awning may be erected, placed, established, painted, created or maintained in the Village of Irvington only in conformance with the requirements of this article.
§ 224-190 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any structure made of fabric or other material and a structural frame, whether retractable or not, attached to the face of a building and supported by such attachment, and projecting over a sidewalk or thoroughfare. The term "awning" shall include "canopy."
Board of Architectural Review of the Village of Irvington.
Building Department of the Village of Irvington.
Building Inspector of the Village of Irvington or his/her designee.
Any premises, either separate or defined by permanent party walls within a building, with a common entrance or entrances for one or more businesses conducted therein.
Any structure made of fabric or other material and a structural frame, attached to the face of a building and supported by such attachment, and projecting over an entrance to a building.
To paint, build, construct, alter, display, relocate, attach, hang, place, suspend or affix. Such term does not include maintenance and repair but does include the repainting or refinishing of a sign in a manner that changes the color or design of the sign or any of its components.
When used with respect to an awning, the upward-facing surface, whether planar or bowed, that extends from the facade of the building on which the awning is mounted to its valance.
Any material, structure, or device containing or composed of letters, pictures or symbols, or upon which letters, pictures or symbols are placed, that is designed or used for the purpose of attracting, or that does attract, the attention of the public to the subject matter thereof; and located either out of doors, on the exterior of a building, on an awning, or inside a building within four feet of a window, and in a manner to be viewed principally by passersby. A video or computer screen or digital display designed or used for the purpose of attracting, or that does attract, the attention of the public to the subject matter on the screen shall be considered a sign. A national, state, or local flag shall not be considered a sign.
[Amended 9-18-2017 by L.L. No. 7-2017]
Any public or private way, including but not limited to any sidewalk, courtyard, street, avenue, alley, lane, road or thoroughfare.
When used with respect to signs, the entire area within a single continuous perimeter enclosing all elements that form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display.
Any sign, handbill or poster that is placed for a limited period of time, not to exceed 30 days, to advertise or announce a specific event or occurrence. Examples of temporary signs include, but are not limited to, signs, handbills or posters relating to civic or athletic events, concerts, special events, or products or services offered for sale at a reduced price or on special terms.
[Added 9-18-2017 by L.L. No. 7-2017]
When used with respect to an awning, a vertical surface, which is plumb from the lowest and/or farthest projecting edges of the roof and is not a wing.
Village of Irvington, New York.
Each window comprises contiguous panes of glass or other transparent or translucent material, including panes divided by window dividers, within a common frame or border and a single plane, visible from the exterior of a building.
When used with respect to an awning, the side-facing surface, the horizontal dimension of which is perpendicular to the valance and to the face of the building on which the awning is mounted.
§ 224-191 Prohibited signs.
Unless otherwise provided, the following signs are prohibited throughout the Village:
A.
Signs that emit smoke, visible vapors or particles, sound or odor.
B.
Roof signs.
C.
Signs of such a design and location that they interfere with, compete for attention with, or may be mistaken for a traffic signal.
E.
Except in the Multifamily/Office District (MFO), signs on or projecting from any exterior wall of a building above the second story.
[Amended 5-13-2021 by L.L. No. 2-2021]
§ 224-192 Signs not requiring permit.
A.
The following types of signs may be erected and maintained and do not require permits or review by the Board of Architectural Review provided that they otherwise comply with the requirements of this article:
(1)
Traffic and directional signs erected by a governmental body.
(2)
Emergency or cautionary signs erected for the safety of the public.
(3)
Number and name plates identifying the owner or resident of the house and the address, mounted on a house, apartment, or mailbox, or located at the front of the driveway or property. The surface area of each such sign shall not exceed one square foot.
(4)
Signs identifying the business or tenant of a permitted professional office or studio in a residence. Each sign shall be limited to one square foot in surface area and there shall be no more than one such sign for each such office or studio on any premises.
(5)
Signs indicating the private nature of a road, driveway, or other premises and signs limiting the use of private property by the public. Each such sign shall be limited to two square feet in surface area.
(6)
Historical markers, tablets, memorial signs and plaques, 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 a governmental body.
(7)
Nonilluminated signs used by places of worship to identify the place of worship and the names of clergy and impending programs of worship, provided each such sign does not exceed three feet by four feet in dimension.
(8)
Informational signs on business establishments relating to business hours, entrance and egress, licenses, credit cards, or as required by law.
(9)
Temporary signs not exceeding 30% of any window or other surface.
[Amended 9-18-2017 by L.L. No. 7-2017]
(10)
"Open house" and "for sale" signs in residential districts.
(a)
"Open house" signs on private property for sale or lease. In all residential districts "open house" signs advertising the sale or rental of the premises can be displayed only between the hours of 8:00 a.m. and 8:00 p.m. on the day of the event. Said signs cannot be larger in size than five square feet and must be located not nearer than five feet to any property line, unless such other location is the only usable space visible from a street. Said signs must be removed at the end of each day they are displayed.
(b)
"Open house" signs on public property or private property other than property for sale or lease. In all residential districts, for every open house, there will be permitted a maximum of three signs on public property or private property other than the property for sale or lease directing to or advertising the open house. Said signs cannot be larger in size than five square feet and, if on public property, must be located not nearer than five feet to any property line. Said signs must be removed at the end of each day they are displayed.
(c)
"For sale" or "for rent" signs. In all residential districts only one permanent sign advertising the sale or rental of the premises can be displayed. Such sign can be of an area of not over five square feet. Such sign shall be located on the front wall of a building or, if freestanding, then not nearer than 10 feet to any street or property line, unless such other location is the only usable space visible from a street.
§ 224-193 Signs on business establishments.
A.
Permit required. Unless specifically exempted in this article, no sign may be erected or displayed on or in front of a building facade, awning, or window, or within four feet of a window of a business establishment, without first obtaining approval from the Board of Architectural Review. If the Board of Architectural Review approves a duly filed application for a sign permit, the Building Inspector shall issue the permit.
B.
Limitations on signs per business establishment. Subject to Subsection C of this section:
(1)
The aggregate surface area of all signs for each business establishment, inclusive of laterally projecting signs and any signs in § 224-192, shall be limited to 25% of the business frontage area, which is determined by multiplying the length of the street frontage of the first story of the business establishment by 12 feet.
(2)
Such signs may be displayed on the building, on an awning or a window, within four feet of a window, and shall project no farther than three inches beyond the face thereof, except as otherwise set forth in this article. Where, however, the building has an eave overhang of more than one foot, the sign may hang from the eave.
[Amended 9-18-2017 by L.L. No. 7-2017]
(3)
Not more than 30% of any window or area within four feet behind a window, inclusive of any signs in § 224-192, shall be covered by signs.
[Amended 9-18-2017 by L.L. No. 7-2017]
(4)
Where a building containing a business establishment is set back more than 10 feet from the street, a sign may be located between the building and the front property line. Such sign, including all sides of a multifaceted sign, shall not exceed 24 square feet in area and shall not exceed 10 feet in height.
[Amended 9-18-2017 by L.L. No. 7-2017]
(5)
One laterally projecting sign shall be permitted per business establishment, but it shall be limited to 15 square feet per face and shall project no further than eight feet from the façade of the building establishment. No part of any such sign or its supporting structure shall be closer to the sidewalk or ground than seven and one-half feet.
(6)
Bed-and-breakfast establishments. Notwithstanding SubsectionB(1) through (5), one freestanding indirectly illuminated identification sign shall be permitted designating a dwelling as a bed-and-breakfast establishment. The size of the sign shall not exceed four square feet per side. For properties fronting on Broadway, it shall be placed at least 10 feet from any property line.
[Added 10-15-2018 by L.L. No. 12-2018]
C.
Architectural Review Board guidelines for signs on business establishments. The design, color, character, size, scale, and lighting of signs shall be in keeping with and appropriate to the architectural design of the building or structure upon which they are placed, the design of neighboring properties and adjacent signs, and the character of Irvington and its Business, Railroad and Waterfront Districts. To the maximum extent practicable, the following guidelines should be followed:
[Amended 9-18-2017 by L.L. No. 7-2017]
(1)
Signs should be oriented to pedestrians and slow-moving vehicular traffic.
(2)
Signs should fit within the existing architectural features of the building facade.
(3)
A sign's size and shape should be proportional to the detailing of the building.
(4)
Sign colors should be harmonious with the building color scheme.
(5)
Sign materials should be harmonious with the materials and architectural features of the building.
(6)
The size, shape, materials and color of a sign should be harmonious with the materials and architectural features of adjacent buildings.
(7)
Signs on adjacent buildings should be horizontally aligned with one another.
(8)
Signs should be compatible with the character of Irvington and its Business, Railroad and Waterfront Districts.
(9)
For signs on windows, transparent signs are preferable to opaque signs.
(10)
Flashing, moving, fluttering, changing or intermittently illuminated signs are generally not permitted, except that the ARB may permit such a sign if it finds that it otherwise meets the purposes of this article and the general standards in this section. This general prohibition shall not apply to video or computer screens or digital displays. If permitted, such signs, including video and computer screens and digital displays, may not operate between 9:00 p.m. and 6:00 a.m.
(11)
Signs externally illuminated by an enclosed light source shall be allowed only so long as the light source is shielded or screened so as not to be seen by residences, other businesses, or passersby from a normal viewing angle; and the light source is limited to natural white lamps or fixtures creating a reasonably uniform distribution of light over the full extent of the sign.
(12)
The brilliance, degree, intensity and type of illumination shall be the minimum necessary for the purpose of such illumination, consistent with public safety and welfare and shall be dark-sky compliant, as detailed in § 224-72C(4)(a) of this chapter.
[Amended 1-23-2020 by L.L. No. 3-2020]
(13)
Panel and hanging signs should have a molding applied around the edges to help resist deterioration and fading.
(14)
On masonry buildings, fasteners should be installed in mortar rather than in the masonry itself.
(15)
Window and door signs should be applied where they will least obstruct visibility into the premises.
(16)
Signs should not completely cover kick plates or window transoms.
(17)
Signs should not conceal architectural detail, clutter a building's image, or distract from the unity of a façade.
(18)
Building directories are encouraged for multitenanted buildings, rather than individual signs for each business.
§ 224-194 Awnings on business establishments.
A.
Permit required. No awning may be erected or maintained on a business establishment without first obtaining approval from the Board of Architectural Review. If the Board of Architectural Review approves a duly filed application for such permit, the Building Inspector shall issue the permit.
B.
Awning construction.
(1)
The awning shall be supported solely by the face of the building to which it is attached.
(2)
The awning, including the operating mechanism and its enclosure, shall be designed, fabricated, and installed to conform to the shape and dimensions of window and doorway openings and to the limits of the storefront or building facade.
(3)
The awning covering shall be made of fabric, canvas or other soft materials. No awning covering shall be constructed of metal, plastic, fiberglass or other rigid materials.
(4)
The rigid awning structure, including operating arms and braces, shall be concealed from view to the fullest extent possible.
D.
Awning lettering.
(1)
Lettering shall be limited to 12 inches in height per line of text. Graphics shall be limited to 24 inches in height.
(2)
No valance shall contain any graphic more than four square feet in area. The area of a graphic representation shall be measured as the area of the smallest circle, triangle, and/or rectangle which encompasses all of the graphic representation.
E.
Awnings shall not be backlit.
F.
No sign, hanging temporary sign, or other thing shall be attached to or project from any awning, except for seasonal decorations in season.
G.
No awning shall interrupt the line of sight of a motorist to any public roadway.
H.
Awning colors should be harmonious with the building color scheme and that of adjacent buildings.
I.
Awnings should be compatible with the character of Irvington and its Business District.
§ 224-195 Administration.
A.
Safety and structural regulations.
(1)
Awnings and sign brackets must be installed by a licensed and insured contractor.
(2)
Laterally projecting signs must be designed by a licensed architect or engineer, who certifies that the sign and its supporting structure meet the New York State Building Code. Such signs must be installed by a licensed and insured professional or sign contractor.
(3)
The structure of an awning extending over Village property must be designed by a licensed engineer or architect.
(4)
No sign or awning shall impede ingress to, or egress from, any door, window or fire escape. No sign or awning shall be attached to a standpipe or fire escape.
(5)
All signs and awnings, together with all supports, braces, hoods, guys and anchors, shall be kept in good repair and shall be painted or cleaned as often as necessary to maintain a safe, and clean, neat and orderly appearance.
(6)
For any sign or awning projecting over Village property, liability insurance in the amount of $1,000,000, naming the Village of Irvington as an additional insured, must be maintained.
B.
Permit procedure.
(1)
All applications for permits for signs and awnings shall be submitted to the Building Department for review by the Architectural Review Board on a form supplied by the Building Department.
(2)
An application for a permit under this article shall include:
(a)
A drawing depicting the dimensions of the building front and windows, including an awning if one is used, to a scale of no less than 1/4 inch equals one foot, unless the information is already on file in the Building Department and is adequate for Building Department review.
[Amended 9-18-2017 by L.L. No. 7-2017]
(b)
A drawing of the sign(s) and/or awning, accurately showing dimensions, with a scale of no less than 1/4 inch equals one foot. The size and layout of letterforms and graphics and materials, colors and thickness shall be indicated.
[Amended 9-18-2017 by L.L. No. 7-2017]
(c)
Samples of each material and color to be used in the sign and/or awning.
(d)
Details of any lighting proposed for the sign.
(e)
Photographs clearly showing the building facade in its entirety and that of immediately adjacent buildings. One photograph should be a close-up of where the proposed sign and/or awning will be erected.
(f)
Details of all connections of the sign or awning to the building and location of connections.
(g)
Written authorization by the owner of the premises on which the sign or awning is to be erected, if the applicant is not the owner.
(h)
Evidence of workers' compensation insurance and liability insurance of at least $1,000,000 held by any installer and naming the Village as an additional insured, and any manufacturer's warranties.
(i)
Any additional documents the Board of Architectural Review or Building Department may reasonably request.
(k)
For any sign or awning projecting over Village property, proof of insurance required by § 224-195A(6).
(3)
The Building Department shall forward all completed applications to the Board of Architectural Review.
(4)
The Board of Architectural Review may approve, approve with modifications, or disapprove the sign and/or awning.
(5)
Appeals.
(a)
Any applicant who has been denied a permit under this article may appeal to the Zoning Board of Appeals within 30 days of the denial by the Board of Architectural Review.
(b)
The Zoning Board of Appeals is authorized to affirm or reverse the determination of the Board of Architectural Review with respect to signs and awnings. In affirming or reversing, the Zoning Board of Appeals may impose such reasonable conditions and restrictions as are directly related to or incidental to the proposed sign or awning.
C.
Compliance with and expiration of permit.
(1)
The applicant shall be responsible for the accuracy of all dimensions relating to the building and the sign and/or awning. In cases where the actual sign or awning does not conform to the approved design, the applicant may be required, at his own expense, to remove, correct, or replace the sign.
(2)
A permit issued under this article shall be void if the sign or awning authorized by it has not been erected according to its approval and a certificate of compliance is not requested, pursuant to Chapter 95 of this Code, within 180 days after the date of issuance of a permit. The applicant for the permit shall be responsible for applying for and receiving a certificate of compliance.
D.
E.
Nonconforming signs and awnings.
(1)
All signs and awnings existing and erected at the time of the adoption of this article by the Board of Trustees, except for temporary signs, signs expressly prohibited by § 224-191 of this article, and signs expressly prohibited under § 224-36A(11)(e) and (f) of the sign regulations in effect immediately preceding the adoption of this article,[1] shall be exempt from the provisions of this article.
[1]
Editor's Note: Former § 224-36A(11)(e) and (f) prohibited flashing, moving, changing or intermittently illuminated signs, advertising devices, and temporary signs made of cardboard, paper, canvas or similar impermanent materials placed on the outside of any building.
(3)
All existing signs and awnings that are not exempt from the provisions of this article pursuant to Subsection E(1) above must be removed by the business establishment or property owner within 90 days after the adoption of this article by the Board of Trustees, unless the business or owner applies for and receives approval from the Board of Architectural Review. Such application must be made within 60 days after adoption of this article.
F.
Violations; revocation of permit.
(1)
The Building Inspector may issue a notice of violation to building owners and tenants for failing to comply with the approved plan for the sign or awning, for failing to maintain any insurance required by this article, or for violating any provision of this article. Such notice shall be in writing and specify the Code provision violated, the remedial action to be taken, and the time limit for compliance, which shall be 30 days from the date of the notice of violation.
(2)
The Building Inspector may revoke a permit where any sign or awning violates this article, but only after the violator is served with a written notice specifying the violation and fails to remedy the violation within 30 days.
(3)
The Village of Irvington may, with 30 days' prior written notice to the owner of the business establishment and/or property owner, remove any sign or awning that is in violation of this article without further notice or further proceedings, at the expense of the owner of the business establishment or property.
(4)
In addition to any other penalty, any violation of this article shall be punishable by a fine to be determined by resolution of the Board of Trustees.