Port Jervis City Zoning Code
ARTICLE XII
Signs
§ 535-59 Requirement for permits.
No sign shall hereafter be or caused to be erected, re-erected, relocated, constructed, enlarged, maintained or altered without a sign permit. No sign permit shall be issued except as shown on an approved site development plan or sign plan. Signs conforming to the New York State Department of Transportation Manual of Uniform Traffic Control Devices and other traffic regulatory signs shown on an approved site development plan or required pursuant to the order of municipal traffic control agencies shall be exempt from the requirement for sign permits.
§ 535-60 Signs prohibited.
A.
Not permitted. Any sign not expressly permitted by this chapter is prohibited. No signs shall be placed, painted or drawn upon trees, rocks or natural features on the site, or on utility poles, bridges, culverts, towers or similar structures.
B.
Types prohibited. Additional types of signs that are prohibited include:
(1)
Flashing, moving and revolving signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use, except for clocks and customary time and temperature devices.
(2)
Billboard or off-premises signs. Any sign affected by this chapter purporting to advertise or announce a product not for sale on the premises or only incidentally for sale or the business name or activities of any firm, partnership, business or corporation not attached to the premises used or occupied by said firm, partnership, business or corporation.
(3)
Signs representing or depicting, to any degree, official traffic signs or signals.
(4)
Signs which emit radio waves, noise, sounds or smoke.
(5)
Signs made of cardboard, paper or similar impermanent materials, except for interior or temporary signs.
(6)
Signs mounted on parked vehicles or trailers or other similar mobile advertising media not permanently installed and approved.
(7)
Signs which project over a street.
(8)
Signs obstructing traffic visibility.
(9)
Abandoned signs.
(a)
Any existing signs, except those which are directly painted onto the face of a building, which pertain to an activity no longer in existence shall be removed by the owners of the signs within 30 days from the time the activity ceases existence. This provision does not apply to seasonal activities during the regular periods in which they are closed.
(b)
If the owner of the sign fails to remove or cause to be removed such within 30 days after written notice by the Building Official or his designee, the Building Official or his designee is authorized to remove such sign and assess the cost of such removal to the owner of the property.
(10)
Roof signs. As shown below:
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§ 535-61 Signs permitted.
As a general guide, the following is a summary of the types of signs which are permitted.
A.
All residential districts. Accessory signs permitted by right:
(1)
One announcement sign for any residence, home professional office or home occupation, which must be not more than four square feet in area and set back at least 10 feet from any designated street line. Such signs may be indirectly illuminated by a light integral to the sign.
(2)
One temporary nonilluminated "for sale" or "for rent" sign which must not be less than 15 feet from any designated street line. Such sign shall be promptly removed when premises are sold or rented.
B.
All nonresidential districts. Accessory signs shall be as follows:
(1)
Temporary nonilluminated "for sale" or "for rent" sign(s) which must be not more than 30 square feet in total area for all signs. The limitations on the number and setback of such signs shall be as set forth below.
(3)
Directory sign(s) and shopping center identification sign(s) for shopping centers.
C.
All districts.
(1)
Directional signs. Such signs are permitted in all districts and accessory to any use requiring site development plan review. Such signs shall be located as determined by the Building Official and shall generally not exceed three square feet in area and, if illuminated, shall not exhibit glare.
(2)
Sandwich boards or other temporary signs located on a sidewalk or pedestrian walkway.
§ 535-62 Additional requirements for certain signs.
The following additional requirements and standards shall apply to the types of signs identified below:
A.
Identification signs for nonresidential establishments in residential districts.
(1)
Freestanding signs may be provided, not to exceed 20 square feet in area, located at least 15 feet from any designated street line, not to exceed one such sign on each street frontage, except that each 500 feet of frontage shall be considered an additional frontage; such signs may be indirectly illuminated by a constant light integral to the sign.
(2)
One such sign may be provided on each street frontage, except that each 500 feet of frontage shall be considered an additional frontage.
(3)
Such signs shall be promptly removed when premises are sold or rented.
B.
"For sale" or "for rent" signs in nonresidential districts.
C.
Business identification signs.
(1)
In the case of a building devoted to one or more uses or establishments, one indirectly illuminated sign for each such use or establishment may be located on each building facade facing the frontage street or streets, or parking lots or pedestrian courts as directed by the Building Official. The total sign area on each facade shall not exceed 20% of the primary facade area in the NMU, CBD, and WMU Districts or 60 square feet in the LI District. Any other building face other than the primary shall be allowed a maximum of a twenty-square-foot sign.
(2)
In the case of a use or establishment not involving a building, one freestanding business identification sign may be located on a lot facing each frontage street, as directed by the Building Official, with the total sign area of each sign not to exceed 30 square feet, and provided that each such sign shall be set back a minimum of 10 feet from any designated street line. Such signs shall not be illuminated by exposed tubes, bulbs, or similar exposed light sources, and there shall be no exterior spotlighting or other illumination of any such sign that will cause any glare.
(3)
In the case of motor vehicle service stations, customary pump island price signs, not to exceed one square foot per sign per pump upon each island, may be permitted.
(4)
Mural or painted wall signs may be unlit or illuminated by non-glare wall-mounted lighting suitable to the Building Official.
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Example Calculations: Building = 12' H x 35' W = 420 sq. ft. 20% of building front = 3.91' H x 28.01'L = 84 sq. ft. |
D.
Freestanding signs in shopping centers.
(1)
One freestanding sign may be located on a shopping center site for each street frontage, at least 10 feet from the property line, with a total sign area of each such sign not to exceed 40 square feet. Only those tenants not identified on any other shopping center sign may be identified on the freestanding sign.
(2)
Such signs shall not exceed 25 feet above ground level, measured from the top of the sign, and a minimum of 10 feet from grade to bottom of sign.
(3)
Such signs shall not be illuminated by exposed tubes, bulbs or similar exposed light sources, and there shall be no exterior spotlighting or illumination of any such sign that will cause any glare.
(4)
Such signs shall be owned and maintained by the same management as the shopping center, and said management shall exercise full responsibility for the proper installation and maintenance of such freestanding signs.
E.
Illuminated signs.
(1)
A sign illuminated by electricity or equipped in any way with devices or applications shall conform with respect to wiring and appliances to the regulations of the New York Board of Fire Underwriters and shall bear an Underwriter's stamp and must be wired by an electrician licensed by the City of Port Jervis.
(2)
No sign shall be illuminated by gas.
(3)
Signs self-illuminated from within. All wiring shall be self-enclosed in armored cable.
F.
Ground or freestanding signs.
(1)
Ground and freestanding signs shall be permitted only if the signs are set back at least 10 feet from the front property line. Only one such sign shall be set back at least 10 feet from the property line. The top of such sign shall be no higher than 15 feet from the ground, and the sign shall be no larger than 24 square feet. Such signs are limited to pole signs affixed to at least a single pole with no guy wire or bracing. All ground signs shall be located within the property line, and the location and illumination of such shall not block the view of or otherwise interfere with official traffic signs and signals or other permitted signs.
(2)
A freestanding sign to identify the occupants of a medical clinic or professional office building shall be permitted in any district where such uses are permitted under this chapter. It may be erected with two poles as long as all other requirements of this section are satisfied. Signs shall be constructed in such fashion so as not to interfere with the flow or view of traffic.
(3)
Freestanding signs shall be permitted as downtown business directories at strategic locations approved by the Building Official. The sign standard shall be no higher than 10 feet from the ground and no larger than 24 square feet in area on a single face. The individual placards shall be no larger than three inches in height and 12 inches wide. Said signs shall only be permitted to be erected by a businessmen's association or similar organization. No more than one such directory will be permitted on any given street corner. Once a standard design is established by an organization and is approved by the Building Official, all future directories shall conform to that design.
G.
Interior signs. An interior sign or combination of signs, temporary or permanent, shall not cover more than 50% of each window upon which or in which it is affixed, displayed or painted.
H.
Marquee signs. Signs shall not be permitted on any marquee, other than signs built into and forming a part of the structure of the marquee. Such signs shall not exceed a height of three feet or a total area of 21 square feet on any one side of the marquee and shall not extend beyond the edge of the marquee. In addition to the foregoing, only that portion of the marquee containing such sign may be illuminated.
I.
Wall signs (including painted murals used as signs). Wall signs, as defined in this chapter, shall be attached to the face of the building in a plane parallel to such face. Such sign shall not extend or project more than eight inches from the face of the building. Any such sign which overhangs any publicly owned property shall not extend higher than the top of the parapet, in the case of one-story buildings, and in the case of other buildings it shall not extend above the sill of the windows of the second story nor extend more than 15 feet above the outside grade. No wall sign or combination of signs on any single frontage in a business district shall exceed an area equivalent to 100% of the linear length of the structure on such frontage or a maximum of 50 square feet, whichever is less. Where an establishment for which signs are permitted has a rear entrance on a public way or parking lot or frontage on two or more streets, such as a corner, signs shall be permitted on each frontage, up to the maximum permitted for that frontage. Wall signs shall not cover, wholly or partially, any wall opening, including doors, fire escapes and windows, nor project beyond the ends of the wall to which they are attached. All such signs must be safely and adequately attached to said building wall by means satisfactory to the Building Official or his designee. Within an industrial district, one sign not exceeding 100 square feet is permitted for each street frontage from which access is provided to the lot.
J.
Overhanging signs. Each establishment in a business district shall be permitted one overhanging sign which shall project not more than 48 inches from the perpendicular face of the building, unless such sign hangs from a permanent canopy over the walkway and shall not exceed 10 square feet in area. Such signs shall be limited to frontage on streets and mall areas. All overhanging signs shall be constructed of such material in such workmanlike manner as shall make them safe and satisfactory to the Building Official or his designee. The bottom of such signs shall be a minimum of nine feet or a maximum of 12 feet above the sidewalk and shall not extend beyond the curbline or into any areas which are accessible to service or emergency vehicles or which interfere with fire fighting. Any such sign which overhangs any publicly owned property shall be insured in accordance with § 535-63F.
K.
Temporary signs. The erection, installation or maintenance of temporary signs is hereby prohibited, except as follows:
(1)
The Building Official may grant special permission for the maintenance of a temporary sign or signs to a municipal, charitable, or nonprofit organization or requested special event for a period of not to exceed 15 days. Said permit, by the consent of the Building Official, may be extended for an additional period not to exceed 15 days with banner insurance as in § 535-63F. Submission of a refundable bond in the amount prescribed by the Common Council from time to time is required. The bond amount is refundable to the applicant upon removal and inspection by the Building Official or his designee.
(2)
A temporary sign announcing anticipated occupancy of a site or building shall be permitted for a period not to exceed six months without approval. Such sign shall not exceed 24 square feet if it is freestanding and shall not exceed the maximum size permitted for a permanent sign if it is affixed to a building.
(3)
Temporary signs announcing special sales or events shall be permitted without approval for a period not to exceed 15 days. Any such temporary signs must conform to the size and location requirements applicable to permanent signs.
(4)
Real estate signs. Such signs shall be for the sole purpose of advertising the sale of the premises upon which the sign is located.
(a)
Provisions applicable to all zoning districts. One real estate sign only, not larger than six square feet on one lot, advertising the sale or letting of only the premises on which it is maintained and set back not less than 15 feet from the street line and not less than 10 feet from each side line, shall be allowed; where setbacks do not permit. This regulation shall apply to all zoning districts.
(b)
Prohibited locations. No sign shall be erected, placed or maintained within the right-of-way lines of any public street, sidewalk or public right-of-way. Any sign violating this subsection may be removed by the Building Official/Code Enforcement Officer or any other City employee or agent duly designated by the Mayor without prior notice to the owner. Such removal shall include the sign structure.
(5)
All political support signs shall be removed seven days after the general election.
(a)
Political campaign signs do not require a permit from the City.
(b)
Political campaign signs shall not be designed or situated so as to become a traffic or safety hazard.
(c)
Political campaign signs should not be placed on private property without the owner's permission.
(d)
The candidate, on whose behalf the sign is placed, is responsible for having the signs removed.
(6)
Temporary signs may not be placed to stand on sidewalks or other pedestrian walkways.
L.
Under-canopy signs. Signs affixed to the underside of a canopy, marquee, or architectural projection shall be limited to a copy area not to exceed eight square feet. One such sign shall be permitted for each means of entrance to or exit from a premises utilizing a canopy-type structure and/or for every 100 linear feet of such canopy-type structure.
§ 535-63 Permit procedure; maintenance of signs.
A.
General. Permits for new and modified signs shall be issued by the Building Official upon a finding of conformance with the standards of this chapter. The Planning Board may permit signs larger in area or greater in vertical dimension or height above the ground level than those described above, on finding that such signs are required by virtue of the special circumstances of the site or of the uses under consideration at the time of site development plan review.
B.
Submission; standards; required data.
(1)
The applicant shall submit all plans and required information for proposed signs to the Building Official for his approval.
(2)
Application standards.
(a)
Signs should be a subordinate part of the streetscape rather than the dominant features. Properly designed signs can add interest to building facades without overpowering them.
(b)
Standard, approved methods of constant illumination shall be permitted on ground signs and wall signs; provided, however, that they shall concentrate the illumination upon the area of the sign so as to prevent direct glare upon the street or adjacent residential property.
(c)
Except for holiday seasons or grand openings, as approved by the Building Official or his designee, no sign or part thereof shall consist of pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices.
(d)
A sign shall not be suspended from an awning.
(e)
All ground signs shall be designed according to generally accepted engineering practice to withstand wind pressure applied to the projected exposed area allowing for wind from any direction of 75 pounds per square foot.
(f)
Signs noting that a property has been sold must be removed at or before taking title.
(g)
To the extent possible, adjacent wall signs on the same or adjoining buildings should be placed within the same horizontal band and be of reasonably harmonious materials and colors.
(h)
Adjacent freestanding signs should be of the same height from the ground and should be as low as practical.
(i)
All signs should be as small and discreet as possible.
(j)
The number of signs should be limited to as few as practical.
(k)
Lettering should be as small as possible but shall not exceed two feet in height; the sign should have as few words as possible.
(l)
All signs shall be incidental, customary to and commonly associated with the principal use.
(m)
Garish colors, lights or materials should be avoided. Whenever possible, natural material such as wood or iron should be utilized.
(3)
Application data.
(a)
Application for the permit shall be made to the Building Official or his designee, in writing, upon forms prescribed and provided by the Building Official or his designee and shall contain the following data:
[1]
Name, address and telephone number of the applicant.
[2]
Location of the building, structure and/or land to which or upon which the sign is to be erected.
[3]
A reasonably detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign and the position of the lighting or other extraneous devices and weights and a location plan showing the position in relation to nearby buildings or structures and to any private or public street or highway. This requirement may be fulfilled by a legible drawing prepared by the store owner or tenant.
[4]
Written consent of the owner of the building, structure and/or land to which or on which the sign is to be erected, in the event that the applicant is not the owner thereof.
[5]
Such other pertinent information as the Building Official or his designee may require to ensure compliance with this chapter.
(b)
An illuminated sign must be underwritten by an approved testing firm and must be wired by an electrician licensed by the City of Port Jervis.
(c)
The owner of the structure and/or land to which or on which any sign is erected shall be required to save harmless the City of Port Jervis from any damage or claim arising out of the enforcement of this chapter.
C.
Application time limit. Following formal submission to the Building Official or his designee, he shall act to approve, disapprove or approve with conditions said application within 10 days from submission. The Building Official shall notify the applicant immediately, in writing, of his action, and he shall thereupon either issue a permit, with or without conditions, or issue a notice of disapproval. Approved sign permits expire after 60 days. One thirty-day extension may be granted by the Building Official or his designee upon written request of the applicant.
D.
Condition, safety and maintenance. All signs shall be properly secured, supported and braced and shall be kept in good structural condition and clean and well painted at all times. Every sign, its framework, braces, anchors and other supports shall be constructed of such material and in such workmanlike manner as shall make them safe and satisfactory to the Building Official or his designee. Signs shall be positioned so as not to block fire-fighting operations.
E.
Notice of violation; failure to comply. If the Building Official or his designee shall find that any sign regulated herein is unsafe or insecure or is a menace to the public, or has been erected in violation of the provisions of this chapter or without a permit, he shall give written notice to the permittee or owner or lessee of the premises thereof. If the permittee fails to move or alter the sign so as to comply with the standards herein set forth within 15 days after such notice, such sign may be removed or altered to comply by the Building Official or his designee, at the expense of the permittee or owner who refuses to pay costs so assessed. The Building Official or his designee may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
F.
Insurance required.
(1)
For any sign erected which requires the issuance of a permit there shall be furnished to the City of Port Jervis a certificate from an insurance company, duly licensed in the State of New York and subject to the approval of the Corporation Counsel, certifying that the owner of the premises and/or the tenant of the premises responsible for the affixing, painting, or erecting of a sign has in force and effect a policy of general liability insurance. The cancellation of this policy shall effect a cancellation of any sign permit issued.
(2)
Where a sign shall be erected which sign shall in whole or in part encroach upon a public street, public highway or public right-of-way, the owner of the premises or the owner of said sign or signs shall furnish to the City of Port Jervis a public liability policy as provided for in Subsection F(1) above and, in addition, said policy shall name the City of Port Jervis as an additional named insured.
(3)
In addition to the insurance required in Subsection F(1) and (2), the acceptance of a permit by an applicant shall be deemed agreement by the applicant that the applicant shall indemnify and hold harmless the City of Port Jervis from any and all damages, judgments, costs and expenses which said City may incur arising from the erection, alteration, repair, relocation, reconstruction or use of any such signs.
(4)
Temporary and/or banner signs. The requirement of insurance set forth in the foregoing subsections as well as the requirements of indemnification shall apply equally to temporary signs or banners and upon the same terms and conditions.
G.
Exceptions. The provisions and regulations of this chapter shall not apply to the following signs:
(1)
Bulletin boards and signs not over 16 square feet in area for public, charitable or religious institutions where the same are located on the premises of said institutions.
(2)
A sign not exceeding 16 square feet in area denoting the architect, engineer and contractor when placed upon public property where work is under construction. Such signs shall have the written approval of the Building Official or his designee with regard to length of time that the sign can be maintained.
(3)
Name and number plates and professional signs, not more than two square feet in area.
(4)
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or similar material and affixed directly to the front face of the building and parallel to such front face and which shall not exceed four square feet in area.
H.
Nonconforming signs.
(1)
Any sign of a type not permitted by this chapter or which exceeds the maximum size permitted herein by 10% at the time of adoption of this code shall be a nonconforming use.
(2)
A nonconforming sign shall not be enlarged and shall be removed if the Building Official or his designee declares it unsafe. The relettering, painting or decorating of such signs shall be permitted, but any sign once removed for more than 90 days for purposes other than relettering or decoration shall be deemed permanently removed and may be replaced only in accordance with the provisions of this chapter.
(3)
A sign legally erected and legally existing which becomes a nonconforming sign as a result of the enactment of this chapter or as a result of any amendment thereof shall be a nonconforming use.