Mount Vernon City Zoning Code

The Sign Regulations provide standards for communicating information in the environment of the City of Mount Vernon and its jurisdiction. The historic and architectural value and quality of Mount Vernon is particularly important to the city's future. Street graphics and signs have a significant impact on the overall appearance and visual quality of the community. Therefore, it is essential that the style, quality, and design of signs support the city's overall quality and reflect its historic character. In addition, signs can have a significant impact on the value and economic stability of adjacent properties. Therefore, sign design must reflect the basic value that development on one site must preserve the integrity of neighboring sites.

The purpose of this article is to provide minimum standards to safeguard life, health, property, and public welfare, and to preserve the character of the city by regulating the size, sign height, design, quality of materials, construction, location, lighting, and maintenance of signs and sign structures not enclosed within a building, and to accomplish the following:

1.   Encourage a desirable city character with a minimum of clutter, while recognizing the need for signs as a major form of communication;

2.   Provide for fair and equal treatment of all sign uses;

3.   Encourage signs that are well designed and pleasing in appearance, as well as variety, design relationship, spacing, and location;

4.   Provide for maximum public convenience by properly directing people to various activities, and;

5.   Promote public safety by providing that official traffic regulation devices be easily visible and free from nearby obstructions, including, but not limited to, blinking signs, excess number of signs, or signs resembling official traffic signs.

This article is also intended to assist in achieving the following objectives:

1.   To authorize the use of signs which are:

   A.   Compatible with their surroundings and the zoning district;

   B.   Appropriate to the type of activity;

   C.   Expressive of the identity of the proprietors; and

   D.   Legible in the circumstances.

2.   To foster high quality commercial development and to enhance the economic vitality of existing businesses by promoting the reasonable, orderly, and effective display of signs, and to encourage better communication with the public.

3.   To encourage sound, proper display practices and to mitigate the objectionable effects of competition with respect to the size and placement of signs.

4.   To enhance the physical appearance of the City of Mount Vernon by protecting the built environment and natural beauty of the area.

5.   To protect pedestrians and motorists from damage or injury that might result from improper construction, placement, or use of signs.

6.   To protect the public by reducing the obstructions and distractions that might cause traffic accidents.

7.   To preserve the value of private property by assuring the compatibility of signs with nearby land uses.

8.   To preserve and enhance the natural beauty and unique character of the City of Mount Vernon.

9.   To promote convenience, enjoyment, and free flow of traffic within the City of Mount Vernon.

10.   To protect the public's ability to identify uses and premises without confusion.

The following definitions shall be used for terms contained in the article that are not otherwise defined in the Mount Vernon Municipal Code or in this Zoning Ordinance. For the purposes of this Article, Sign is defined as:

A symbolic, visual device fixed upon or supported by a building, vehicle, structure, or parcel of land which is intended to convey information about a product, business, activity, place, person, institution, candidate, or political idea.

This definition shall not include festival or holiday decorations; the use of a flag, emblem, insignia, or other display of any nation or political subdivision; traffic, safety or similar regulatory devises; legal notices; scoreboards; memorial signs or tablets; emblems of religious institutions that are attached to buildings; building names structurally integrated into the surface of a building; and customary displays of merchandise or objects and materials placed behind a store window.

1.   Abandoned Sign: A sign, including sign face and/or supporting structure, which refers to a discontinued business, profession, commodity, service, or other activity or use formerly occupying the site more than six months after the date of such discontinuance; or which contains no sign copy on all sign faces for a continuous period of six months.

2.   Area: See Sign Area

3.   Attached Sign: A sign which is structurally connected to, painted on, or applied to a building and which depends upon that building for support.

4.   Auxiliary Design Elements: Terms which describe secondary characteristics of a sign, including its method of illumination and other features within the bounds of its basic shape.

5.   Awning Sign: A sign which is part of or attached to a retractable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for a supporting framework.

6.   Banner: Temporary signs hung with or without frames, possessing characters, letters, illustrations, ornamentation's applied to paper, plastic, fabric, or other non-rigid material of any kind.

7.   Bare Bulb: an electronic component in which electric current is converted directly into visible, ultra-violet, or infrared light and, whether covered by a clear or colored transparent layer or uncovered, is directly visible at eye level. Any bulb covered by or enclosed in a translucent layer is not a bare bulb; any bulb shielded by an opaque shade or hood so as to cover the bare bulb at eye level is not a bare bulb.

8.   Building Marker: An historic or commemorative plaque, or a building name or cornerstone carved into a masonry surface.

9.   Business Center Identification Sign: A sign which identifies a Business Center and its tenants.

10.   Changeable Copy Sign: A sign on which copy is changed manually.

11.   Civic sign: A sign promoting civic campaigns or events.

12.   Clearance: The distance from the bottom of a sign face elevated above grade and the grade below.

13.   Detached Sign: A sign which is self-supporting and structurally independent from any building.

14.   Direct Illumination: light source that is not shielded and is directly visible at eye level.

15.   Directional Sign: A sign which serves only to designate the location or direction of any area or place.

16.   Double-Faced Sign: A sign consisting of no more than two parallel faces supported by a single structure.

17.   Electronic Signs: A sign, or portion of a sign, that displays an electronically controlled and conveyed image or video, which may or may not include text. This definition includes, but is not limited to electronic text message signs, television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and holographic displays.

18.   Frontage: The length of a property line of any one premise abutting and parallel to a public street, private way, or court.

19.   Ground Sign: A detached sign which is self-supporting and structurally independent from any building, built on a freestanding frame, mast, or pole(s).

20.   Height: See Sign Height

21.   Historical Sign: A sign which displays only historical information about a building or site.

22.   Home Occupation Sign: A sign identifying a home based business as per Article 6, Section 610.

23.    Illumination: Lighting sources installed for the primary purpose of lighting a specific sign or group of signs.

24.   Incidental Sign: An announcement or other display providing information about the occupancy or conduct of business permitted on a premises, such as logos of credit cards accepted on the premises, hours of operation, a non-illuminated "closed" or "open" sign, emergency contact person name and telephone number, street address, "help wanted", "no loitering or solicitations", "we check IDs", security system notices, notices required by law, and similar information.

25.   Indirect Illumination: light source that is shielded so as not to be directly visible at eye level.

26.   Internal Illumination: light source that is enclosed in a diffusing, translucent or translucent/opaque enclosure in such a way that the light source is not directly visible.

27.   Light Source: any device serving as a source of illumination - this includes but is not limited to, incandescent bulbs, fluorescent tubes or bulbs, LEDs, or neon tubes or facsimiles.

28.   Maximum Permitted Sign Area: The maximum permitted combined area of all signs allowed on a specific property.

29.   Neon or Neon-Type Sign: A sign made of continuous luminous tubes containing neon or other inert gases that glow brightly when high voltage is applied, or any sign intended to mimic such signs.

30.   Nonconforming Sign: A sign that was legally erected prior to the adoption of this article but which violates the regulations of this article.

31.   Off-Premises Sign: A sign which advertises goods, services, facilities, events, causes or attractions available at a location other than the premises where the sign is located.

32.   On-Premises Sign: A sign other than an off-premise sign.

33.   Political Sign: A temporary sign designed to attract support for a particular candidate, political party, or political issue or to express an opinion on any matter of public interest.

34.   Portable Sign: Any sign attached to bases not permanently attached to the ground or a building and capable of being moved from place to place.

35.   Premises: A lot, parcel, tract or plot of land, contiguous and under common ownership or control, together with the buildings and structure thereon.

36.   Projecting Sign: A sign that is attached to and is perpendicular to a building face.

37.   Residential Sign: A sign, other than a Home Occupation Sign, located on a residential premise, conveying a noncommercial message communicated by the owner of the property.

38.   Roof Sign: Any sign or part of a sign erected upon, against, or over the roof or on top of or above the parapet or cornice of a building.

39.    Sandwich Board Sign: A portable, self-supporting and two-sided sign hinged at the top.

40.   Shingle Sign: A projecting sign.

41.   Sign Area: The area of an imaginary box enclosing all elements of the sign intended to convey information.

42.   Sign Height: The distance between the topmost point of the sign structure and the grade level at the point of the center line of the public street or road closest to the sign.

43.   Sign Structure: Any structure which supports or is capable of supporting any "sign" as defined in this code.

44.   Temporary Signs: A sign, flag, banner, pennant, or valance constructed of lightweight materials which is intended for display for a limited period of time.

45.   Wall Sign: See Attached Sign.

46.   Window Sign: See Attached Sign.

1.   Compliance. Each sign or part of a sign erected within the zoning jurisdiction of the City of Mount Vernon must comply with the provisions of this article and of other relevant provisions of the City of Mount Vernon's Municipal Code.

2.   Resolution of Conflicting Regulations. This article is not meant to repeal or interfere with enforcement of other sections of the City of Mount Vernon's Municipal Code. In cases of conflicts between Code sections, State or Federal Regulations, the more restrictive regulations shall apply.

3.   Prohibited Signs. The following signs are prohibited in all zoning districts.

   A.   Signs painted on or attached to rocks, trees, or other natural objects.

   B.   Signs or sign structures which resemble or conflict with traffic control signs or devices, which mislead or confuse persons traveling on public streets, or which create a traffic hazard.

   C.   Signs on public property or public right-of-way, unless specifically authorized by the appropriate public agency.

   D.   Signs which create a safety hazard by obstructing the clear view of pedestrians or vehicles, or which obscure official signs or signals.

   E.   Portable signs.

   F    Abandoned signs.

   G.   Signs that are not clean or in substantially good repair, or are not affixed to a sound structure.

   H.   Signs advertising activities that are illegal under Federal, state, or local laws and regulations.

   I.   Roof signs.

   J.   Signs which include attention-getting devices including visible mechanically moving parts, searchlights, flags, banners, propellers, streamers, ribbons, strings of bare bulbs, balloons, or similar devices, except for special occasions such as grand openings, subject to issuance of a permit from the Zoning Administrator.

   K.   Signs with blinking, flashing, or fluttering lights or other illuminating device that has a changing light intensity, brightness, or color.

   L.   Any sign not explicitly permitted by this article.

4.   Exempt Signs. The following signs are permitted in any zoning district and are exempt from other provisions of this Article. No Exempt Sign shall have any characteristic of a Prohibited Sign or violate any restriction on sign location or illumination contained in this article.

   A.   Changeable Copy Signs for religious assembly or civic use school uses, provided that they have a maximum sign area of twelve square feet.

   B.   One non-illuminated real estate sign per premises with a maximum size of six square feet per premises. Such signs shall have a maximum sign height of six feet and shall be located within the property advertised for sale or rent.

   C.   Official signs authorized by a government or governmental subdivision which give traffic, directional, or warning information.

   D.   Non-illuminated construction signs with a maximum size of 32 square feet per site and located on a construction site. Such signs shall have a maximum sign height of 10 feet and a minimum setback of 20 feet unless located on the wall of a building.

   E.   Works of graphic art painted or applied to building walls which contain no advertising or business identification messages.

   F.   Non-illuminated political signs on private property are allowed but shall only be placed sixty (60) days before the election and shall be removed ten (10) days after the election in which said sign is promoting.

   G.   Non-illuminated residential signs.

   H.   Non-illuminated neighborhood or subdivision identification signs under 50 square feet.

   I.   Street numbers.

   J.   Incidental signs.

   K.   Signs which are not visible from a public right-of-way, private way, or court or from a property other than that on which the sign is installed.

   L.   Historical or interpretive signs or plaques, identifying buildings or sites as properties listed on the National Register of Historic Places or designated as local historical sites by action of the City Council.

   M.   Signs belonging to Cornell College and used to identify official college properties, structures, functions, uses, or operations. These signs may be temporary (e.g. Welcome to Cornell College) or permanent (e.g. Student Lot 3). These signs are intended only for official Cornell College identifications or uses.

5.   Temporary Signs. Temporary signs, including those temporary signs for grand openings, sales, and special events, are permitted in zoning districts AG, BP, GC, LC, LI, CB, TC and UC, subject to the following requirements:

   A.   The size does not exceed the individual sign limitations set forth in Table 1010-D.

   B.   No more than one such sign is permitted at any single premises.

   C.   Temporary signs may be present at any single premises for a maximum of 45 days per calendar year.

   D.   Temporary signs for non-profit civic events, or other non-commercial events are permitted in any zoning district subject to the following requirements:

      (a)   Such signs are installed no earlier than 30 days before the date of the event and removed no later than 7 days after the date of the event.

      (b)   The maximum size of such signs is 10 square feet when located in any residential and LC zoning district; and 100 square feet in any other zoning district.

      (c)   Banners attached to city property - light poles or signs - must be approved by the Zoning Administrator, although no formal permit is required.

6.   Civic Signs. Civic signs, as defined, are permitted in AG, Residential Overlay, BP, GC, LC, LI, CB, TC and UC zoning districts subject to the following requirements:

   A.   The size does not exceed the individual sign limitations set forth in Tables 1010-C and 1010D. However, civic signs do not count against the bulk requirements for signage on a property regarding the number of signs and allowable square footage of signs.

   B.   No more than one such sign is permitted at any single property.

   C.   Allowed On and Off Premises.

7.   Bufferyards. No sign other than on-premise directional signs shall be placed within any bufferyard required by Article 8, Landscaping and Screening Regulations, except bufferyards adjacent to intervening major streets.

8.   Vision-Clearance Area. No ground sign in districts BP, GC, and LI may project into or be placed within a vision-clearance area defined by a triangle with legs of 45 feet from the point at which the curbs or edges of two intersecting streets, private ways, or courts or an intersecting street, private way, or court and driveway meet.

1.    Electronic Signs.

   A.   Where allowed, one electronic sign shall be allowed per premise.

   B.   No electronic sign shall exceed twenty-five percent of the maximum permitted sign area for any premise.

   C.   Each image displayed, including text, must be static and depicted for a minimum of three (3) seconds.

2.    Historical Identification Signs.

   A.   One sign per building or site.

   B.   Maximum sign area is two square feet.

3.    Home Occupation Signs. Each Home Based Occupation business shall be permitted to have one wall sign not to exceed one square foot in area.

4.    Projecting Signs.

   A.   Projecting signs permitted within the CB, TC or UC Districts shall be limited to shingle-type signs.

   B.   Maximum Size: Eight square foot maximum total area for each side of the sign.

   C.   One such sign shall be allowed for each business front and shall be adjacent to the business which it identifies.

   D.   No such sign may be internally illuminated.

   E.   Each projecting sign must maintain at least the following vertical clearance:

      (a)   8 feet over sidewalks or landscaped areas.

      (b)   15 feet over parking lots.

      (c)   18 feet over alleys or driveways.

      (d)   The maximum projection may not exceed 5 feet.

5.   Wall Signs.

   A.   No wall sign shall wholly or partly cover any wall opening or distinctive architectural feature.

   B.   A wall sign shall not extend beyond the ends or top of the building wall to which it is attached.

   C.   A wall sign attached to a building on its front property line may encroach upon public right-of-way by no more than 12 inches. Such a wall sign shall provide minimum clearance of eight feet.

   D.   Each wall sign shall be safely and securely attached to the building wall.

6.    Sandwich Board Signs. One (1) sandwich board sign is permitted per premise, provided all of the following requirements are met:

   A. Signs may not obstruct pedestrian pathways or the entry to any building. A clear and natural pedestrian pathway must be maintained at a minimum width of four (4) feet between the sign and all permanent streetscape fixtures. This shall include, but is not limited to: steps, stairwells, ramps, railings, benches, trash receptacles and landscape tree boxes, Signs shall also not be placed so as not to steer pedestrians in the direction of said objects.

   B. Signs shall be placed directly in front of the business and parcel with which it is associated with.

   C. Signs shall only be placed during business hours and removed by the time of closing on each business day.

   D. Signs must be secure at all times and removed during inclement weather, if at risk of displacement. All signs shall be internally-weighted. Bricks, stones, metal plates, sandbags and other forms of weighted material that is separate from the sign shall not be used for this purpose.

   E. Maximum Allowable size shall be twelve (12) square feet, with a maximum height of four (4) feet.

   F. Signs within Central Business (CB) district shall be constructed of metal or wood and fitting of the time period in which the building was constructed.

   G. Sandwich board signs in the Central Business District (CBD) shall be subject to removal during community events to ensure the safety of pedestrians.

   H. Sign must be maintained in good physical condition.

7. Neon and Neon-type “Open” Signs: One illuminated “OPEN” sign shall be allowed per premises in the CBD, TC, GC and UC districts only, with a maximum size not to exceed two (2) square feet.

1.   Signs shall only be illuminated internally or indirectly.

2.   Illumination, when installed for the purpose of lighting a specific sign or group of signs, must be positioned in such a manner that light is not directed at an adjoining property or at a public street or highway.

3.   In all districts, except GC and BP, with all lighting components energized, the lighting intensity of any sign, whether resulting from internal or external illumination, shall not exceed 600 LUX (see Note 1 below) when measured with a hand-held incident light meter - designed to measure illuminance - held at a distance of one foot from the sign face or the window surface in front of the sign if the sign is inside and facing out. If other illuminated signs are present, the sign being read should be shielded as much as possible. For signs behind windows, a piece of cardboard held against the window at a point close to the edge of the sign being measured reasonably shields the light from other signs. For signs outside, a piece of cardboard held near the edge of the sign being measured and separating it from adjacent signs will act as sufficient shielding.

4.   Maximum brightness levels for electronic signs shall not exceed 4,000 nits (see Note 2 below) when measured from the sign's face at its maximum brightness during daylight hours and 500 nits when measured from the sign's face at its maximum brightness between dusk and dawn.

5.   No illumination shall be anything other than a steady, continuous burning, and where necessary properly shielded, light source. Bare bulbs are prohibited. Flashing, blinking, oscillating, rotating or intermittent turning on-and-off of any illuminating device is prohibited. Time/weather informational signs and official warning and regulatory signs erected by the city or state are exempt from this regulation.

6.   Neon shall be considered indirect illumination and not a bare bulb.

Note 1: LUX is a measure of the illumination of a surface from a point source. In this case, the surface is the bulb on an incident light meter and the point source is the sign. The light from the sign illuminates the meter at some measurable level. This is what we use as a standard for smaller signs.

Note 2: The NIT is a non-SI unit of visible light intensity - the amount of light emitted from a particular area or surface - used by the sign industry in the US - the SI equivalent is one candela per square meter. It is an indicator of how bright a surface will appear. The nit is a rather small unit of brightness -- an LCD computer screen has an output of about 200-300 nit. The night-time standard set in this ordinance is about 1 ½ times as bright as a typical computer screen; the day-time standard is about 13 times brighter than this same screen. Sign companies can easily calculate the nit values for any given illuminated sign - these are part of the sign specifications. We use this to measure the brightness of electronic signs - message boards, LCD screens, and the like. See earlier definition of electronic signs.

1.   Maximum Permitted Sign Area. Maximum permitted sign area for a premises is set forth as a numerical limit or as a function of the frontage of the premises on a street or private way. The maximum permitted sign area includes the aggregated area for all types of signs combined on a premises, unless otherwise exempted. For properties with frontage on more than one street or private way, the total frontage shall be calculated as the longest frontage plus one-half the length of all additional frontages.

2.   Double Faced Signs. The area of double-faced signs is calculated on the largest face only.

3.   Setback. All parts of a sign must meet all setback regulations, unless allowed otherwise (i.e. projected signs).

1.   Table 1010-A sets forth the sign types permitted within each zoning district of the City of Mount Vernon.

2.   Table 1010-B sets forth auxiliary design elements permitted within each zoning district of the City of Mount Vernon. In specific cases where an auxiliary design element otherwise prohibited produces a sign of special design character that does not otherwise negatively affect surrounding properties, the City Council may grant permission for the use of such elements.

3.   Table 1010-C sets forth the maximum sign area permitted within each zoning district of the City of Mount Vernon.

4.   Table 1010-D sets forth the maximum permitted numbers of signs per premise; the maximum permitted dimensions of each sign; and the required setbacks for detached signs.

1.   Applicability. Any installation or expansion of any sign under this article shall be subject to the following permit procedure prior to installation or expansion. No sign permit is required under the following conditions:

   A.   Signs identified as Exempt.

   B.   Temporary, Portable, or Civic signs as defined in this article do not require permits as long as these signs are in compliance with the rest of this article.

   C.   Copy on previously permitted signs may be changed provided that the changed sign remains in compliance with the rest of this article.

   D.   New versions of previously permitted signs (e.g., a new beer sign, new cell phone sign, or new illuminated "OPEN" sign) may replace older versions provided that the maximum permitted sign area is not exceeded and the replaced sign is in compliance with the rest of this article.

   E.   Modifications in auxiliary design elements may be made to previously permitted signs and sign type may be changed, so long as the modification and new type complies with the rest of this article.

2.   Maintenance of Valid Sign Permit. The owner of a sign requiring a permit under this Article shall at all times maintain in force a valid sign permit for such sign. A sign permit may be revoked if the sign is not maintained in good physical condition.

3.    Sign Permit Applications. All applications for sign permits shall be submitted to the Zoning Administrator on the official Sign Permit Application Form currently in use by the City of Mount Vernon.

4.    Application Fees. Each application for a sign permit shall be accompanied by any applicable fees, which shall be established by the City Council from time to time by resolution.

5.    Action. Within ten working days of the submission of a completed Sign Permit Application the Zoning Administrator shall either issue the requested permit or reject the application stating the reasons for the rejection.

6.    Permit Expiration. If a sign is not constructed in accordance with an approved permit within six months of the date of approval, such permit shall lapse. The Zoning Administrator may extend such expiration date if he/she determines that special circumstance have delayed installation of the sign.

7.    Assignment of Sign Permits. A current and valid sign permit shall be freely assignable to a successor owner of the sign. The successor owner shall notify the City of Mount Vernon of the assignment within 30 days.

1.    Permanent Signs. All permanent signs in place and lawfully established on the effective date of this Ordinance shall be considered as legal nonconforming signs. The copy of such a sign may be changed from time to time, provided that the sign area shall not be enlarged beyond the sign area in existence on the effective date.

2.    Damaged, Deteriorated or Altered Signs. Any nonconforming sign which presently is or becomes structurally damaged, deteriorated, or altered may be repaired and reconstructed provided there is no increase in the degree of nonconformity.

 

 

 

Note 1: 100 square feet for civic or commercial uses, 1 square feet for residential uses, including home-occupation businesses.

Note 2: 32 square feet for permitted non-residential uses, 1 square feet for residential uses, including home-occupation businesses.

Note 3: 48 square feet for project identification signs for multi-family or mobile home developments and for permitted non-residential uses; 2 square feet for residential uses, including home-based businesses.

Note 4: Maximum limits apply to non-residential premises only. On premises with primary residential use, 75 square feet for project identification signs for multi-family developments, 1 square feet for residential uses, including home-based businesses.

Note 5: One Business Center Identification Sign with a maximum area of 150 square feet is permitted in addition to the Maximum Permitted Sign Area, subject to the regulations set forth by Table 1010-D.

Note 6: No single sign may exceed 150 square feet. Multiple detached signs must be distributed along the frontage of the premises and separated by a minimum of 200 feet between signs - See Table 1010-D.

Note 7: Projecting, portable, historical identification and awning signs are not included in the total allowable Square Feet of Signage.

 

* In addition to its total permitted sign area, each premises used for a business center may have one Business center identification sign, subject to the following conditions:

1.   The maximum area for a center identification sign shall be 150 square feet.

2.    No Business Center Identification Sign shall be within 300 feet of any other Business Center Identification Sign or within 150 feet of any other detached sign on the same premises.

3.    The sign shall display no more than the name and location of the business center.

4.    Each sign shall be subject to all other regulations for detached signs or graphics set forth in this Article.