Mount Vernon City Zoning Code
ARTICLE XIII
Signs
§ 267-69 Purpose.
The purpose of this article is to establish reasonable regulations for the design, construction, installation and maintenance of all exterior and interior signs, banners, awnings and canopies in the City of Mount Vernon in order to:
A.
Balance the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs;
B.
Further the objectives of the Comprehensive Plan of the City;
C.
Protect the public health, safety and welfare;
D.
Reduce traffic hazards;
E.
Facilitate the creations of an attractive and harmonious community;
F.
Protect property values;
G.
Promote economic development; and
H.
Preserve the right of free speech exercised through the use of signs containing noncommercial messages.
§ 267-70 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any sign which is not located on the premises that it advertises or identifies; billboards are supported by uprights or braces placed on the ground and not attached to any building.
The Commissioner of Buildings, unless otherwise specified.
The surface of the sign upon, against or through which the message is displayed or illustrated on the sign.
Any sign which has characters, letters, figures, design or outlines illuminated externally by electric lights or internally by luminous tubes.
Any material winch will not ignite at or below a temperature of 1,200°F. and will not continue to burn or glow at that temperature.
Build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs.
Any marquee, awning, billboard or street clock as further defined in this chapter.
A person receiving an erection permit pursuant to the provision of this chapter.
Any person, firm, partnership association, corporation, company or organization of any kind.
Any writing, pictorial representation, illustration, emblem, symbol, design or other figure of similar character which is a structure or a part thereof, or is attached to or in any manner represented on a building or other structure, and is placed out of doors in view of the general public and is used for purposes of advertisement, identification or expression.
The area of a sign shall be measured as follows:
Where such sign is on a panel, within a frame or is outlined, all of the area of such panel or area within such frame or outline shall be included.
Where the sign consists of individual letters, designs, figures or symbols engraved, painted or in any way attached to a building wall or window or on a fascia panel that is an integral part of the building design, the area shall be constructed to be that of the smallest regular geometric shape which encompasses all of the letters, designs, figures or symbols.
The molding, battens, capping, nailing, strips, latticing and platforms which are attached to the sign structure.
A sign or banner or pennant designed to advertise or announce a particular event or series of events, to solicit political support or to announce the availability for sale of a particular item or items which will be available or occurring for a limited period of time, and is not permanently mounted.
§ 267-71 Approval procedure for sign permit; exceptions.
A.
Permit required. It shall be unlawful for any person to erect, alter, paint with a new message, redesign, relocate and reconstruct an existing sign by making a structural change or a change in the message or cause to be erected, altered, painted, painted with a new message, redesigned, relocated and reconstructed within the corporate limits of the City any sign or signs, without first having obtained and paid for and having in force a permit therefor from the Commissioner.
B.
The following two operations shall not be considered creating a new sign and, therefore, shall not require a sign permit:
(1)
Replacing copy: the changing of the advertising or message on an approved sign which is specifically designed for the use of a replaceable copy.
(2)
Maintenance: 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 message.
C.
Application for a sign permit shall be made on a form provided by the Commissioner, which application shall include:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address, telephone number and insurance coverage of the sign maker.
(3)
The location of the building upon which the sign is to be erected.
(4)
A color photo of the building upon which the sign is to be erected and immediately adjacent building(s).
(5)
Size of the sign.
(6)
A description of the construction details of the sign, showing the lettering and/or pictorial matter composing the sign and a description of the position of lighting or other extraneous devices.
(7)
Sketches drawn to scale and supporting information indicating location of sign colors, size and types of lettering or other graphic representation, logos and materials to be used, electrical or other mechanical equipment, details of its attachment and hanging. Samples of materials should accompany the application where required by the Commissioner.
(8)
The written consent of the owner of the property upon which such sign or signs is or are to be erected and maintained. In addition, such sign application shall be accompanied by a fee as established in the Building Code.
(9)
Such other pertinent information as the Commissioner may require to ensure compliance with this section.
D.
Following formal submission to the Commissioner, said Commissioner shall refer all applications for signs to the Department of Planning and Community Development within three business days for advice on matters of consistency with the design guidelines and requirements outlined herein. The Department of Planning and Community Development shall render an opinion to approve, disapprove or approve with conditions to the Commissioner within 10 days of receipt of the application.
E.
The Commissioner shall issue a permit for a sign within seven calendar days of the receipt of a complete and satisfactory application from the Department of Planning and Community Development, except as noted in Subsection F herein.
F.
In those cases where an applicant does not wish to implement the design conditions of approval outlined by the Commissioner, the matter shall be referred to the Commissioner of the Architectural Review Board for an advisory opinion. In such cases, the Architectural Review Board shall recommend approval or disapproval of such sign application within 30 days from the date of referral. The decision of the Commissioner, however, will be final.
G.
Appeal from permit denial. Any applicant, feeling aggrieved by the decision of the Commissioner upon any application for a permit for any sign, may appeal to the Sign Review Appeals Board from such decision, and the Sign Review Appeals Board may affirm, reverse or modify such decision of the Commissioner.
H.
Issuance of sign construction permit. Upon approval of the application by the Commissioner, or after any conditions for approval established by the Architectural Review Board are satisfied, the Commissioner shall issue a permit for construction of such sign.
§ 267-72 Revocation of permit.
The Commissioner may revoke any permit where there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application.
§ 267-73 Permit display and voltage.
Every permitted sign or other advertising structure shall display in a conspicuous place the permit for the sign, including the voltage of any electrical apparatus used, if appropriate, for at least the period of erection and for at least 15 days thereafter.
§ 267-74 Maintenance and inspection.
A.
All signs shall be maintained in good order and a condition similar to their original or approved condition. No sign or other advertising structure shall be inadequately maintained so as to show evidence of deterioration, including peeling, rust, dirt, fading, discoloration or holes. The Commissioner or someone appointed by the Commissioner may perform an inspection, whenever deemed necessary, of any sign or advertising structure in the City of Mount Vernon regulated by this chapter for the purpose of ascertaining whether the structure is unsafe, in need of repair, not in conformance with the permit application or otherwise in violation of the provisions of this chapter.
B.
Wind pressure and dead load requirements. Where indicated by the Commissioner, signs and other advertising structures shall be designed and constructed to withstand wind pressure and to receive dead loads as required in the New York State Fire Prevention and Building Code or other ordinances of the City of Mount Vernon.
§ 267-75 Signs required.
§ 267-76 Prohibited signs.
A.
All occupants of business, commercial or industrial premises over three stories in height located on upper floors are prohibited from utilizing ground-floor level space for the placement of a sign. Building directories or any listing or identification of upper-floor tenants shall not be located on the exterior of the building.
B.
All occupants of business, commercial or industrial premises located above ground-floor level are prohibited from displaying signs of paper construction.
C.
Outdated signs. No signs or other advertising structure shall advertise a business or product which is no longer in existence at the location where such sign or advertising structure exists.
(1)
Any sign now or hereafter existing, which no longer advertises a bona fide business conducted or a product available for purchase by the public on the premises, 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 closing of the business or after such business ceases to exist at that premises.
(2)
The Commissioner is hereby authorized to cause removal of such sign upon the failure to comply with such notice within the time specified in the order.
(a)
The expense of said removal, when certified by said Commissioner to the City Council, shall be paid by the City and such amount shall thereupon be and become a lien upon to premises in question.
(b)
The cost of such removal shall be levied and collected in the same manner and under the same penalties as an assessment for a public improvement.
(3)
All temporary for rent/sale signs, whether residential, business, commercial or industrial, shall be removed 30 days after the property is rented or sold. Any sign remaining on the property for sale or rent after the aforementioned thirty-day period will be subject to a violation issued by the Building Department.
D.
Moving signs. Except for temporary holiday season or grand opening displays as provided for herein, no sign or part thereof may consist of pennants, revolving or insulating signs, ribbons, streamers or similar attached devices.
E.
Nonconforming sign.
(1)
For the purpose of this section, a "nonconforming sign" shall be defined as a sign of a type not permitted, either as listed in this section or omitted from Chapter 267, Article XIII, § 267-77, Permitted signs. Such signs shall be removed in accordance with the procedure written for outdated signs.[1]
(2)
A nonconforming sign may not be enlarged, and the message may not be altered or repainted in any way. The nonconforming sign shall be removed if deemed unsafe by the Commissioner. Upon the issuance of the Commissioner's determination, it shall be removed immediately.
(4)
If the Commissioner elects to cause the removal of such sign, the expense of such removal, when certified by said Commissioner to the City Council, shall be paid by the City, 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.
F.
Obstructions to doors, windows or fire exits. No sign or other advertising structure shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire exit. No sign of any kind shall be attached to a standpipe or fire stair/platform.
G.
Traffic hazards. No sign or other advertising structure shall:
(1)
Obstruct free and clear vision at any street intersection.
(2)
Interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device because of its position, shape or color.
(3)
Make use of the words "stop," "look," "drive-in," "danger," or any other word, phrase, symbol or character in a manner that interferes with, misleads or confuses traffic.
H.
Unsafe signs.
(1)
No sign or other advertising structure shall constitute a hazard to safety or health by reason of inadequate design, construction, repair or maintenance.
(2)
The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally 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 development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign.
I.
Illuminated signs.
(1)
No sign or other advertising structure shall be illuminated with lights that glare into or upon any adjacent residential premises or district, operators of motor vehicles or pedestrians on the public right-of-way.
(2)
No sign or other advertising structure shall have lights or illuminations that flash, move, rotate, scintillate, blink, flicker vary in intensity or color or use intermittent electrical pulsations.
(3)
Indirect lighting for signs should not focus on adjacent properties, but on the lettering or the subject sign. If permitted, this lighting should be presented in the permitting application in enough details and drawings so as to show the impact of such lighting on the facade or face of the building.
K.
Roof sign. No roof signs may hereafter be erected and no sign may hereafter extend above the roof line, except time and temperature devices which do not bear advertising of the business. Such devices shall be in good working order at all times. Existing roof signs may remain and be maintained in good order for as long as the business remains in continuous ownership.
§ 267-77 Permitted signs.
A.
Wall signs.
(1)
A wall sign, as regulated by this chapter, shall mean all flat signs of solid face construction, including painted signs, which are placed against a building or other structure and attached to the exterior front, rear or side walls of said building or structure so that it is parallel (not perpendicular) to the building face.
(2)
Construction materials required. All signs shall have a surface or facing of incombustible materials; provided, however, that combustible structural trim may be used.
(3)
Location or placement. No wall sign shall cover wholly or partially any wall opening or project beyond the ends or top of the wall to which it is attached, or project above or below the articulated sign band (if any) on the building's facade. The thickness of the sign panel is limited to no more than 12 inches maximum; in the case of multistory buildings, not above the sill of windows of the second story nor more than 18 feet above the outside grade, whichever is lower.
(4)
Area. No wall sign shall exceed 300 square feet in area and a height of 36 inches; maximum letter height on a wall sign or individual-mounted-letters sign shall be 24 inches. Two square feet per linear foot to the principal frontage of the structure in which the use is located can be used as a guide to calculate the overall size of permitted wall signs in acceptable proportions for the facade. The only exception to the foregoing regulation is for wall signs in connection with commercial businesses along principal arterial corridors discussed in Subsection A(5), below.
(5)
Principal arterial corridors. A commercial business along a principal arterial corridor that is set back from the principal arterial corridor shall apply to the Sign Review Appeals Board to increase its wall sign area. The maximum size allowances that may be approved are as follows:
(6)
Multitenancy.
(a)
Where there are two or more tenants occupying a portion of the first-floor frontage of a given structure, each tenant shall be entitled to a sign equivalent in size to portion of the frontage so occupied.
(b)
In the case of multiple occupants of a multistory building, no exterior wall signs may be permitted on the exterior upper floor. Signs are permitted inside windows, provided that said interior sign does not cover more than 25% of the window area.
B.
Permanent interior signs, ground-floor level. The Commissioner shall review all permanent interior sign applications for conformance with the intent of this article. Upon this review and at the discretion of the Commissioner, the applicant may be required to appear before the Sign Appeals Board for its recommendation. However, in no instance may a permanent interior sign cover more than 20% of the aggregate storefront window area of said business and shall be in conformity with other similarly located permanent interior signs of the neighboring businesses, unless the aggregate window area is less than 100 square feet, in which case, 10 square feet of sign will be permitted.
C.
Awnings and canopies.
(1) AWNING CANOPY
Definitions. As used in this section, the following terms shall have the meanings indicated:
A roof-like covering of canvas, vinyl, acrylic, metal or duck attached to a frame supported entirely from a building and projecting over a sidewalk or yard, which may or may not be retracted to a position virtually flat against the building when not in use.
A structure, other than an awning, made of canvas, vinyl, acrylic, metal or duck sheltering an area, on a framework supported by the ground or sidewalk, which may be attached to a building at one end. It projects over a sidewalk or yard forming a covered walk to the entrance of building.
(2)
Location.
(a)
Height above sidewalk: awnings. No portion of an awning shall be less than seven feet above the level of the sidewalk or yard over which it is erected and shall be no higher than the first story of the building.
(b)
Height above sidewalk: canopies. No portion of a canopy shall be less than nine feet above the level of the sidewalk or yard over which it is erected.
(c)
Extension: awnings. No awning shall be permitted to extend beyond a point four feet from the face of the building on which it is erected.
(d)
Setback from curbline: canopies. No canopy shall be permitted to extend beyond a point two feet inside the curbline (measuring from the street side of the curb toward the building).
(e)
Width: canopies. No canopy shall be permitted to exceed eight feet in width.
(3)
Advertising. No advertising shall be placed on any awning, if a wall sign for the business located at that premises exists and is to remain, except that if there is a sign on the building, then the name and nature only of the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed on the awning in a space not exceeding 14 inches in height on the front and/or side of said awning. Lettering for said advertising shall not exceed 14 inches in height for waterfall awnings and six inches in height for all other type of awnings, subject to design approval by the Department of Planning and Community Development.
D.
Projecting signs.
(1) HORIZONTAL PROJECTING SIGN PROJECTING SIGN VERTICAL PROJECTING SIGN
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any projecting sign which is greater in width than height.
Any sign which is attached either parallel or perpendicular to the face plane of a building or other structure and extends more than 12 inches beyond the surface of that portion of the building or structure to which it is attached.
Any sign which is greater in height than in width.
(2)
Construction.
(a)
Projecting signs, including frames, braces and supports, shall be designed by a structural engineer, architect or manufacturer, constructed of incombustible materials and two-faced.
(b)
Illumination. If projecting signs are to be illuminated, reflectors shall be provided with the proper glass lenses concentrating the illumination upon the area of the sign and preventing glare upon the street or adjacent property. No floodlight or spotlight or reflectors of the goose-neck type shall be permitted on projecting signs.
(c)
Glass requirements. The lettering or advertising designs to be illuminated, if any, may be composed of glass or other transparent or semitransparent incombustible material. Any glass forming a part of any sign shall be safety glass or plate glass at least 1/4 inch thick and, in case any single piece or pane of glass has an area exceeding three square feet, it shall be wired glass.
(d)
Movable parts to be secured. Any movable part of a projecting sign, such as the cover of a service opening, shall be securely fastened utilizing hinges or locking devices.
(e)
Area limitations. Except by special permission of the City Council, projecting signs shall be limited in area as follows:
(f)
Location and projection over public property. Every projecting sign shall be placed at least eight feet above the public sidewalk over which it is erected, no more than two feet from the face of the wall to which it is attached, measuring from the point of the sign nearest the wall. Every projecting sign shall be placed at least 15 feet above the public driveway, alley or thoroughfare over which it is erected.
(g)
Installation and prohibited anchorage's built. No projection sign shall be secured with wire, strips of wood or nails, nor shall any projection sign be hung or secured to any other sign.
(h)
V-shaped signs prohibited. V-shaped signs consisting of two single-faced signs erected without a roof or ceiling shall not be permitted.
E.
Freestanding signs (not billboards).
(1)
Freestanding signs may be permitted only in business, commercial industrial and residential districts if the building or use served by the sign is set back at least 20 feet from the front property line. Only one such sign may be permitted for each street frontage of business, commercial or industrial structure or to identify a residential development and may be located at the property line.
(2)
The top of such sign shall be no higher that 12 feet from the ground nor less than three feet above the grade level or 1/2 of the allowable front yard setback, and the sign shall be no larger than 48 square feet. The location and illumination of such sign shall not block the view of, or otherwise interfere with, official traffic signs and signals.
(3)
A freestanding sign to identify the occupants of a medical or professional office building may be permitted in any district where such uses are permitted under this chapter. Said sign shall not exceed 20 square feet when it abuts a low-density residential district.
F.
Marquees.
(1)
A marquee, as regulated by this chapter, shall mean any roof overhang or permanent construction projecting from the wall on the front of a building which is entirely supported by and covering an entrance to the building or thoroughfare.
(2)
Construction.
(a)
Required materials. Marquees, including the anchors, bolts, supports, rods and braces, shall be constructed of incombustible materials, designed by an architect or structural engineer and may be illuminated.
(b)
Drainage. Marquee roofs shall be properly guttered and connected by downspouts to a sewer or storm drain so that rainwater will not drip or flow onto public property.
(c)
Use and construction of marquee roofs. Marquee roofs shall be used for no other purpose than to form and constitute a roof, and at least 25% of the area of the roof of every marquee shall be of glass or other incombustible transparent substance.
(3)
Location.
(a)
Height above sidewalk. No portion of a marquee shall be less than 10 feet above the level of the sidewalk or other public or private thoroughfare over which it is erected.
(b)
Setback from curbline. No marquee shall be permitted to extend beyond a point one foot inside the curbline.
(c)
Width. No marquee shall be wider than the entrance or entrances of the building, plus five feet on each side. However, where the entrances to a building are not more than 20 feet apart, a marquee may be made a continuous single structure between the entrances.
(4)
Installation.
(a)
Bracing, anchorage and supports. Marquees shall be supported solely by the building to which they are attached, and no columns or posts shall be used as supports.
(b)
Roof live-load requirement. Marquee roofs, except the glass area required, shall be designed and constructed to support a live load of not less than 100 pounds per square foot. Marquees shall be designed to meet the wind pressure requirement of the New York State Fire Prevention and Building Code.
(c)
Anchorage to wood structure prohibited. No marquee shall be erected on any building of wood frame construction unless attached to the masonry, concrete or steel supports of the building.
(5)
Signs attached to marquee. Signs attached to or hung from a marquee shall be completely within the border line of the marquee outer edge and shall in no instance be lower that 10 feet above the sidewalk or public thoroughfare. No sign or advertising material shall exceed three feet in height, inclusive of the name of the establishment exhibiting such marquee. No advertising material shall be placed upon the roof of any marquee.
(6)
Illumination required. Marquees projecting over public property, if illuminated, shall be illuminated by at least 16 candle power of illumination for each 50 square feet or fraction thereof of area from sunset to at least 11:00 p.m. every Monday through Saturday night of each week.
G.
Temporary signs.
(1)
Temporary sign, as regulated by this chapter, shall mean any signs, banner, pennant or advertising display constructed of cloth, canvas, vinyl, light fabric cardboard, wallboard or other light materials with or without frames intended to be displayed for a limited period of time.
(2)
Permits and fees. Temporary sign permits may be granted by the Commissioner, and the applicant shall pay an all-inclusive fee of $30.
(3)
Construction.
(a)
Materials and area limitations. No temporary sign of combustible material shall exceed four feet in one of its dimensions or 75 square feet in area. Such signs in excess of 60 square feet shall be made of rigid materials such as wall board or other light materials with frames.
(b)
Weight limitation. Temporary signs weighing in excess of 50 pounds must be approved by the Building Department as conforming to the safety requirements of the New York State Fire Prevention and Building Code.
(4)
Location: projection over public property. No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare more than four inches from the wall upon which it is erected and shall not be placed or project over any wall opening.
(5)
Installation: anchorage and support. Every temporary sign shall be attached with proper bracing, wire or steel cables. No strings, ropes or wood slats for anchorage or support purposes shall be permitted.
(6)
Duration of permits. Permits for temporary signs shall authorize their erection and maintenance for a period not exceeding 30 days.
(7)
Advertising permitted. The advertisement contained on any temporary sign shall pertain only to the business, industry or pursuit conducted on or within the premises on which such sign is erected or maintained. This provision shall not apply to signs of a civic, political or religious nature.
(8)
The Commissioner may grant special permission for the maintenance of a temporary sign or signs to a charitable or nonprofitable organization for a period not to exceed 30 days. No fee is to be charged for such.
(9)
Political or campaign signs may be installed in accordance with the following provisions:
(a)
Any such sign may not be more than 16 square feet in area and not more than four feet in height.
(b)
No such sign may be a roof sign.
(c)
Applications will be made to the Commissioner by the candidate, the sponsor of a ballot measure or campaign manager or representative of said candidate or ballot measure, said application to show the size and location of all proposed signs. Where the applicant is not the owner of the property where the sign is to be displayed or installed, the application shall contain the consent of such owner or lessee. No political signs shall be erected on public property or rights-of-way.
(d)
All political or campaign signs shall be removed within two weeks after the election or the event advertised in the sign has occurred. Any political signs remaining after the event has occurred will be immediately subject to a violation from the Building Department.
(10)
Pennants, banners or signs signifying a grand opening of premises shall be permitted for a period not to exceed 15 days from the date of opening. Pennants and banners shall not be hung from public utility poles, trees or other public property. Pennants shall not be permitted for any other purposes.
(11)
No signs other than signs placed by agencies of the government shall be erected on any public property unless consent is first obtained from the City of Mount Vernon. 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.
(12)
Contractor signs. One contractor sign per frontage, with a maximum size of 48 square feet, shall be permitted, provided that such signs are located at ground level and shall be erected no more than five days prior to the beginning of construction for which a valid permit has been issued and shall be removed within five days after completion of the project.
(13)
A temporary sign announcing the anticipated occupancy of a site or building may be permitted for a period not to exceed three months without the Commissioner's approval. Such a sign shall not exceed 24 square feet if it is affixed to a building or wall and not more than 40% of the window area if an interior sign.
(14)
Real estate sale and rental signs may be permitted as long as the size of such signs does not exceed a maximum of five square feet and no more than one sign per tenancy per frontage at ground level. Such signs shall be subject to permit renewal at six-month intervals.
(15)
Barber poles. Barber poles shall not be more than four feet in height and shall bear no advertising message; any barber pole on City property will require the approval of the City Council. Barber poles projecting from the face of a building over or into public or private property shall have a minimum clearance of seven feet six inches measured from the bottom of said poles.
§ 267-78 Appeals.
A.
The Mayor shall appoint a Sign Review Appeals Board (Sign Appeals Board) consisting of three members, including the Commissioner of Planning and Community Development or designee from the Planning Department and at least one member who shall have experience in one of the design professions. The Mayor shall designate a Chair thereof. In the absence of an appointed chair, the Appeals Board may designate one of its membership to serve as chair. Members shall serve for a period of two years and shall have all the appellate powers and duties as may be deemed necessary to carry out this section.
B.
Any person affected by any provision of this article or of any rule or regulation adopted pursuant thereto may request, by the filing of a petition and payment of the fee set forth in Section 1, 3.34 of Article I[1] of the Mount Vernon Building Code, and shall be granted a hearing on the matter before the Sign Appeals Board. Such petition shall set forth a brief statement of the grounds therefor and shall be filed in the office of the Planning Department within 10 days after date of notification of violation or noncompliance. The Sign Appeals Board shall have the authority to sustain, reverse determinations made by the Commissioner or to grant variances.
[1]
Editor's Note: So in original.
C.
Upon receipt of such petition, the Sign Appeals Board shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice of violation or noncompliance should be sustained or withdrawn and a variance approved. The hearing shall be commenced within a reasonable time after the day on which the petition was filed, provided that upon application of the petitioner, the Sign Appeals Board may postpone the date of the hearing if, in the judgment of the Sign Appeals Board, the petitioner has submitted a good and sufficient reason for such postponement.
D.
After such hearing, the Sign Appeals Board shall sustain, modify or withdraw the notice of violation or noncompliance, depending upon its findings as to whether the provisions of this article and the rules and regulations adopted pursuant thereto have been properly addressed. If the Sign Appeals Board sustains or withdraws such notice of violation or noncompliance by approving a variance, such action shall be deemed to be a lawful order.
E.
In all cases where said Sign Appeals Board shall grant a variance of any provisions or requirements of this article, such Sign Appeals Board shall find that:
(1)
There are special physical conditions, fully described in the findings of the Sign Appeals Board, applying to the land or building which is the location of the sign requiring said variance, which circumstances or conditions are peculiar to such land or building or sign and do no apply generally to land or buildings or signs in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this chapter, whether in violation of the provisions hereof or not.
(2)
For reasons fully set forth in the findings of the Sign Appeals Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this article would deprive that applicant of the reasonable use of said sign, and the granting of the variance(s) is necessary for the reasonable use of said sign and that the variance(s) as granted by the Sign Appeals Board is the minimum variance necessary to accomplish this purpose.
(3)
The granting of the variance(s) under such conditions as the Sign Appeals Board may deem necessary or desirable to apply thereto will be in harmony with the general purpose and intent of this article and will not be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare.
F.
If, as part of an application for site plan, special permit, and/or subdivision approval to the Planning Board, an applicant requires a sign variance(s) from this article for any detached or freestanding sign, then the applicant shall apply to the Sign Appeals Board for said sign variance(s). The Sign Appeals Board shall forward the application for sign variance(s) to the Planning Board for Planning Board recommendation on the location, position and placement of the sign(s) prior to any decision by the Sign Appeals Board.
G.
In all cases where the Sign Appeals Board grants a variance(s) from the strict application of the requirements of this article, it shall be the duty of the Sign Appeals Board to attach such conditions and safeguards as may be required in order that the result of its action may be as nearly as possible in accordance with the spirit and intent of this article.
H.
The proceedings at all hearings of the Sign Appeals Board, including the decisions of the Sign Appeals Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Department of Planning and Community Development. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Sign Appeals Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
§ 267-79 Severability.
Should any section, subsection, paragraph, sentence, clause, provision or phrase of this chapter be declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect any other portion of this chapter.