[HISTORY: Adopted by the Council of the City
of New Rochelle 7-30-1996 as Ord. No. 165-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 111.
Numbering of buildings — See Ch. 118.
Fees — See Ch. 133.
Public displays — See Ch. 254.
Zoning — See Ch. 331.
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 270, Signs, adopted as follows: Art.
I, 3-11-1975 as Ord. No. 83-1975; Art. II, 9-18-1979 as Ord. No. 230-1979.
The purpose of this sign chapter is to promote
and protect the public health, welfare and safety by regulating signs
of all types. It is intended to encourage the use of signs as a means
of communication, protect pedestrian and vehicular safety, protect
property values, protect and enhance the aesthetic environment and
enhance the City's ability to attract sources of economic development
and growth.
A.
Customary meaning. Except where specifically defined
herein, all words used in this chapter shall carry their customary
meanings. Words used in the present tense include the future, the
plural includes the singular and the singular includes the plural.
The word "shall" is intended to be mandatory.
B.
ANIMATED SIGN
ATTACHED SIGN
AWNING (FIXED)
AWNING (MOVABLE)
AWNING SIGN
BANNER
BILLBOARD
BILLBOARD, EXISTING
CAMPAIGN SIGN
CANOPIES
DETACHED SIGN
DEVELOPMENT SIGN
DIRECTLY ILLUMINATED SIGN
ERECT
FEATHER SIGN
FRONTAGE
FURNISHING ZONE
HEIGHT OF SIGN
IDENTIFICATION SIGN
ILLUMINATED SIGN
INCOMBUSTIBLE MATERIAL
INDIRECTLY ILLUMINATED SIGN
LOGO
MARQUEES
MONUMENT SIGN
MUNICIPAL ART COMMISSION
OFFICIAL
PEDESTRIAN CLEARWAY
PERSON
PORTABLE SIGN
PROJECTING SIGN
REAL ESTATE SIGN
ROOFLINE
ROOF SIGN
SIGN
SIGN AREA
(1)
(2)
STRUCTURAL TRIM
TEMPORARY SIGN
WALL SIGN
WINDOW COVERING
WIND SIGN
Defined phrases. As used in this chapter, the following
terms shall have the meanings indicated:
Any sign which is designated and constructed to give its
message through blinking or flashing lights or a sequence of progressive
changes of parts or lights or degrees of lighting, excluding time
and temperature signs.
Any sign which is supported primarily by a building or structure,
other than by a sign structure which is supported wholly by the ground.
Any nonrigid material such as fabric or flexible plastic
that is supported by a frame that is permanently affixed to an exterior
wall. Includes canopies and marquees.
Any nonrigid material such as fabric or flexible plastic
that can be rolled back or retracted and is supported by a frame that
is attached to an exterior wall.
Any visual message on an awning.
A Temporary Sign constructed of cloth or other flat, flexible
material.
[Added 7-18-2006 by Ord. No. 186-2006]
A sign for a business, profession, activity (commercial or
noncommercial), commodity or service not on the premises where the
sign is located.
Billboard which as of March 20, 2001, has text or graphics
(or a combination of the two) bearing a visible message (other than
information which relates merely to the availability of the billboard
or the place or manner in which the owner or lessee of the billboard,
or their representative, may be contacted for the purpose of placing
a message on the face thereof).
[Added 3-20-2001 by Ord. No. 58-2001]
A sign for the purpose of advertising an event, campaign
or person(s) running for political or public office.
[Amended 7-18-2006 by Ord. No. 186-2006]
A cloth covering hung or held up over a metal framing system.
[Added 3-28-2017 by Ord. No. 58-2017]
Any sign not attached to or part of any building but permanently
affixed by any other means to the ground.
A sign listing the architect, landscape architect, engineer,
planner, contractor or other person or firm participating in the development
or construction or financing of the project on the premises on which
the sign is located.
A sign designed to give forth artificial light directly or
through transparent or translucent material from a source of light
within the sign which is visible from the street or from abutting
property, including but not limited to exposed neon signs. A "directly
illuminated sign" shall illuminate the letters of a sign to a greater
degree than it does the background of a sign.
Build, construct, attach, hang, place, suspend or affix a
sign, and shall also include the painting of wall signs.
A wind sign in the shape of a feather, typically attached
or affixed to the ground with a metal rod.
[Added 1-20-2015 by Ord. No. 19-2015]
The length of a building along a street or other principal
public thoroughfare, but not including such length along an alley,
watercourse or railroad. For calculating frontage: the frontage shall
include only the tenant space occupied.
[Amended 3-28-2017 by Ord. No. 58-2017]
The Furnishing Zone establishes an area for the placement
of parking fee meters, street signage, streetlighting, bike racks,
refuse receptacles, street trees and bioretention areas, planters,
approved structures and transit stop waiting and enclosure areas.
[Added 3-28-2017 by Ord.
No. 58-2017; amended 7-18-2017 by Ord. No. 151-2017; 4-17-2018 by Ord. No. 2018-70]
The vertical distance from the uppermost point used in measuring
the area of sign to the ground immediately below such point.
A sign which serves to tell only the name, address and lawful
uses of the premises upon which the sign is located.
Any sign which has characters, letters, figures, designs
or outline illuminated by electric lights or luminous tubes as a part
of the sign proper.
Any material which will not ignite at or below a temperature
of 1,200º F.
A sign whose illumination is reflected from the sign display
surface to the viewer's eye from a source of light not within the
sign. Such light sources shall be shielded to reflect on the sign
only.
A symbol, design or insignia used to represent a company,
corporation or person for the purpose of advertising the interests
of any person, business or company.
[Added 9-16-1997 by Ord. No. 191-97; amended 3-20-2001 by Ord. No. 58-2001]
A roof-like projection over the entrance to a building.
[Added 3-28-2017 by Ord.
No. 58-2017]
A freestanding sign either with a base affixed to the ground
or mounted on short poles no greater than two feet high.
A commission created, appointed, and empowered under Sections 181 and 182 of the City Charter and this Chapter 270, Signs.
[Added 4-13-2009 by Ord. No. 61-2009]
The Building Official of the City of New Rochelle.
An area within the sidewalk that must remain clear of obstructions
to allow public passage.
[Added 3-28-2017 by Ord.
No. 58-2017]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Freestanding sign not affixed to the ground.
A sign attached to a building, wall or structure that projects
horizontally or at a right angle more than 12 inches from the face
of the wall.
Any sign advertising property for sale, lease or rent, which
may or may not include the name of the seller, broker or lessor.
The upper edge of any building wall or parapet, exclusive
of any sign tower for any flat roof structure, or a line halfway between
the eaves and the ridge line of the roof, exclusive of any sign tower,
for any gable roof structure.
A sign erected on a roof or extending in height above the
roofline of the building on which the sign is erected.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter displaying an advertisement, announcement,
notice or name, and including any declaration, demonstration, display,
representation, illustration or logo used to advertise or promote
the interests of any person or business or cause when such is placed
in view of the general public.
[Amended 9-16-1997 by Ord. No. 191-97; 3-20-2001 by Ord. No. 58-2001]
Includes all faces of a sign measured as follows:
When any sign is framed or outlined, all of
the areas of the frame or outline shall be included.
Sign measurement shall be based upon the entire
area of the sign with a single continuous perimeter enclosing the
extreme limits of the actual sign surface, not including structural
supports if they are not used for advertising purposes.
The molding, battens, capping, nailing strips, latticing
and platforms which are attached to the sign structure.
Any sign or advertising device that is displayed only for
a specified period of time and is not permanently mounted.
Any sign which is attached to the wall of a building or structure.[1]
An artistic or graphical advertising, visible from a sidewalk,
street or other public place, affixed or painted on glass or other
window material and as approved by the Municipal Art Commission.
[Added 11-20-2019 by Ord.
No. 2019-238]
Any sign in the nature of a series of two or more banners,
flags, pennants, balloons, ribbons, streamers or other subjects, fastened
in such a manner as to move upon being subjected to pressure by wind
or breeze. Wind signs shall be permitted as temporary signs only in
conjunction with the opening of a new business or the relocation of
an existing business to a new location.
[Amended 2-16-1999 by Ord. No. 45-1999]
[1]
Editor’s Note: The former definition of “window
sign,” which immediately followed this definition, was repealed
11-20-2019 by Ord. No. 2019-238.
The following signs are exempt from any permit
requirements under this chapter.
A.
Directional or informational signs not more than three
square feet in area, bearing no advertising message and located wholly
within the site to which the sign is appurtenant; signs not exceeding
one square foot in areas erected for the convenience of the public,
such as signs identifying rest rooms, public telephones, walkways
and similar features or facilities. Accessory directional and informational
signs as required by the New Rochelle Zoning Ordinance[1] and the Code of the City of New Rochelle.
B.
Memorial signs or tablets, names of buildings and
the date of erection when cut into masonry surface or when constructed
of bronze or other incombustible materials, provided that said signs,
tablets or letters do not project more than two inches.
C.
Legal notices, signs required by law, railroad crossing
signs and such temporary, danger, emergency or nonadvertising signs
and temporary signs and banners for civic purposes, as may be authorized
by the City Council or the City Manager.
D.
Signs of public utility companies indicating danger
or which serve as an aid to public safety or which show the location
of underground facilities or of public telephones.
E.
Time and temperature devices, not higher than permitted
detached signs, located on private property and bearing no advertising
message. Any advertising message would require that the time or temperature
device be included in the number and area of permitted signs.
F.
One real estate sign on any site. In a residential
zone such sign shall be located entirely within the property, no more
than four feet above grade, and not less than five feet from any street
property line. All real estate signs under this section shall be unlighted,
and shall not exceed four square feet in residential areas and 25
square feet in commercial areas. All real estate signs under this
section shall be removed within 15 days after the sale or rental or
lease has been accomplished.
G.
Barber poles not more than nine feet in height, located
on private property in conjunction with a barber shop and bearing
no advertising message. Any barber pole on City property will require
the approval of City Council.
H.
House numbers and nameplates, nonilluminated or indirectly
illuminated "no trespassing," "no parking" and other warning signs
located on the site to which the sign is appurtenant and not exceeding
three square feet each in area.
I.
Signs located in the interior of any building or within
an enclosed lobby or court of any building or group of buildings,
which signs are designed and located to be viewed exclusively by patrons
of such use or uses, and shall not be visible from the street.
J.
Professional nameplates not exceeding three square
feet in area.
[Amended 9-16-1997 by Ord. No. 191-97]
K.
Existing signs for public, religious, charitable or
fraternal organizations when the same are located on the premises
of said institutions; and new signs for public, religious, charitable
or fraternal organizations, not over 12 square feet in area, when
the same are located on the premises of said institutions. Such institutions
may also erect a sign not over eight square feet in area on a street
or streets with the permission of the City Council upon the recommendation
of the Municipal Art Commission and the Building Official, except
that any such signs erected at or near an entrance to the City shall
not exceed two square feet in area. For the purposes of this subsection,
a sign shall be considered existing if it was erected on or before
July 31, 1997, and shall be considered new if it was erected or replaced
on or after August 1, 1997.
[Amended 9-16-1997 by Ord. No. 191-97]
M.
Bus shelter signs erected pursuant to authorization
from the City Council of New Rochelle.
N.
Movable awnings without signage, with the lowest portion at least seven feet six inches above the curb level or adjacent grade and projecting no closer than two feet to the curbline and projecting no further than four feet from the surface of the wall to which such awning is attached. Movable awnings shall be no greater than four feet in height measured from the lowest point when fully extended. Awnings without signage for residential purposes shall be exempt from all provisions of Chapter 270.
O.
Signs placed on the inside of fences at City athletic
facilities during sport seasons, which signs recognize contributions
from sponsors of such athletic activities and which have been approved
by the Commissioner of Parks and Recreation. Such signs shall not
be affixed to such fences more than 10 days prior to the start of
the sports season to which they pertain and shall be removed not more
than 10 days following the end of such season.
[Added 9-21-1999 by Ord. No. 229-1999; amended 11-20-2007 by Ord. No. 259-2007]
P.
Billboards located at any City-owned, City-leased, or City-approved
locations, pursuant to City-granted license, including, without limitation,
the following locations:
[Added 3-21-2006 by Ord. No. 59-2006; amended 6-19-2018 by Ord. No.
2018-119]
A.
Roof, rotating, moving or animated signs shall be
prohibited from all zones. No flashing signs, blinking or flashing
lights, flashers or chasers shall be permitted in connection with
any sign or other advertising structure.
B.
Wind and feather signs shall be prohibited in all
zones, except as temporary signs for a new business or for an existing
business at a new location, in which case they shall be permitted
for a period of time not to exceed 60 days following the initial opening
of a new business or the relocation of an existing business to a new
location. Wind and feather signs shall not be permitted in the right-of-way.
[Amended 2-16-1999 by Ord. No. 45-1999; 1-20-2015 by Ord. No. 19-2015]
C.
Directly illuminated signs must have an opaque or
darkly colored background and must consist of light lettering on said
background.
D.
Any projecting sign which extends above the roofline
shall be prohibited.
E.
Billboards shall be prohibited, except for:
[Amended 3-20-2001 by Ord. No. 58-2001; 3-21-2006 by Ord. No. 59-2006; 6-19-2018 by Ord. No. 2018-119]
(1)
Legally existing billboards or [pursuant to the court-ordered settlement
in that matter entitled Universal Outdoor, Inc. et al v. City of New
Rochelle et al (U.S.D.C. 98 CIV 3908)] which shall be proposed no
later than December 31, 2020; or
(3)
Billboards
pursuant to a City-granted license in accordance with New York State
approval and regulations.
F.
Marquees, canopies and fixed or movable awnings.
[Amended 6-20-2006 by Ord. No. 166-2006; 4-13-2009 by Ord. No. 61-2009]
(1)
Marquees, canopies and fixed or movable awnings are prohibited unless approval is first obtained from the Municipal Art Commission. The design of all new marquees, canopies and awnings shall be subject to the prior approval of the Municipal Art Commission, which may request their redesign if the proposed design is not appropriate to the architecture of the building to which they are proposed to be attached and/or to the architecture of neighboring buildings in the surrounding area. There shall also be obtained from the Building Official a permit for the erection and construction of any fixed or movable awning, canopy or marquee over any public property. The annual license fee shall be as set forth in § 133-1 of Chapter 133, Fees.
(2)
Fixed awnings, canopies and marquees located at least
seven feet six inches above the sidewalk may project not closer than
two feet to the curbline; but if the lowest portion of such marquee
or fixed awning is located 13 1/2 feet or more above the sidewalk,
it may project to the vertical plane through the curb.
(3)
Awnings, canopies or marquees shall be subject to all sign regulations,
including prior approval by the Municipal Art Commission.
[Amended 3-28-2017 by Ord. No. 58-2017]
(4)
The recovering of awnings and the substantial repair of marquees and canopies shall be subject to the prior approval of the Municipal Art Commission. There shall also be obtained from the Building Official a permit for the recovering of awnings and the substantial repair of marquees and canopies. The annual license fee shall be as set forth in § 133-1 of Chapter 133, Fees.
G.
Logos for any sign shall be no larger than the maximum
permissible letter size for such sign.
[Amended 9-16-1997 by Ord. No. 192-97]
H.
Portable or A-Frame signs shall be prohibited.
[Amended 3-28-2017 by Ord. No. 58-2017]
I.
No sign shall be painted, attached, pasted, covered, wrapped or applied
directly onto the exterior of a building or structure except as approved
by the Municipal Art Commission.
[Amended 1-20-2015 by Ord. No. 19-2015; 11-20-2019 by Ord. No. 2019-238]
A.
An application for a permit for each sign, except for those signs exempt from regulation by § 270-3 herein, shall be made to the Official in such form and including such information as he may prescribe. Said application shall be accompanied by the written consent of the property owner or other authorized person as set forth in § 270-6 and a permit fee as set forth in Chapter 133, Fees. Plans submitted by the Applicant shall be of such scale and shall provide such information as is needed for the Official to determine compliance with this chapter. Any change in the lettering, area, shape or location of any sign will require a new sign permit.
B.
Fees for all signs, certificates of compliance, licenses and appeals shall be as set forth in Chapter 133, Fees.
C.
Where more than one awning and/or sign is submitted for the same
building, one application may be submitted. Fees shall be collected
per awning and/or sign shown upon the application.
[Added 11-21-2017 by Ord.
No. 218-2017]
[Amended 3-20-2001 by Ord. No. 58-2001; 7-18-2006 by Ord. No. 186-2006]
A.
No person shall erect, permit to be erected, or permit
to be maintained any permanent or temporary sign regulated by this
chapter without first obtaining the consent of the owner, lessee or
person having possession of the property upon which the sign is to
be situated.
B.
No sign shall be affixed to any utility pole without
the written consent of the owner of said pole.
[Amended 2-16-1999 by Ord. No. 45-1999; 7-18-2006 by Ord. No. 186-2006]
A.
Signs announcing the site of new business openings, new development
marketing or otherwise identifying or informing the viewer of a condition,
situation or event of a known temporary nature shall be considered
for purposes of this chapter as temporary signs. Temporary signs,
including Banners, shall require permits from the Official except
that Detached Campaign Signs shall not require permits, provided they
otherwise comply with the size and other requirements for a Temporary
Sign. Development signs must be in conjunction with an approved Site
Plan Subdivision approval and building permit issued. Development
signs are not permitted for a single-family residence.
[Amended 7-18-2017 by Ord. No. 136-2017]
B.
No temporary sign, except Banners, shall exceed three feet in one
of its dimensions and eight square feet in area. Temporary banners
shall have a maximum of 32 square feet in area with a maximum of four
feet in height.
[Amended 3-28-2017 by Ord. No. 58-2017]
C.
No temporary sign shall extend over or into any street,
alley, sidewalk or other public thoroughfare at a distance greater
than four inches from the wall upon which it is erected and shall
not be placed or project over any wall opening. No temporary sign
shall be erected so as to prevent free ingress to or egress from any
door, window or fire escape nor shall such sign be attached to any
standpipe or fire escape.
D.
Permits for temporary signs shall authorize the erection
of said signs and their maintenance for a period not exceeding 60
days. The City Manager may extend such sixty-day period on application
therefor, and may refer such application to the Municipal Art Commission
for recommendation thereon. The advertisement contained on any temporary
sign, other than on Campaign Signs, shall pertain only to the business,
industry or pursuit conducted on or within the premises on which such
sign is erected or maintained.
E.
A temporary sign, other than a Campaign Sign, shall
be completely removed by the owner of the sign or by the owner of
the premises upon which the sign is located at the expiration of the
time for which the sign was permitted. A Campaign Sign shall be completely
removed by the owner of the premises within seven days following the
event, vote and/or election to which it pertains.
F.
No person shall post or permit to be posted in any
store window more than two "for sale" or "for rent" signs, and no
sign shall exceed 18 inches by 24 inches.
A.
No person shall erect any sign regulated by this chapter in the City of New Rochelle without first obtaining a sign permit to do so from the Official and except in conformity with the provisions of this chapter. Failure to comply with this section shall result in an additional fee being imposed as set forth in Chapter 133, Fees - sign legalization fee.
[Amended 3-28-2017 by Ord. No. 58-2017]
B.
No projecting sign shall have a vertical clearance of less than seven
feet six inches from any public sidewalk, project more than four feet
from the building face or be closer than six feet to any curbline.
[Amended 3-28-2017 by Ord. No. 58-2017]
C.
No attached sign shall have a vertical clearance of less than seven
feet six inches from any public sidewalk.
[Amended 3-28-2017 by Ord. No. 58-2017]
D.
No sign or other advertising structure, as regulated
by this chapter, shall be erected at the intersection of any streets
in such a manner as to obstruct free and clear vision; or at any location
where by reason of the position, shape or color it may interfere with,
obstruct the view of or be confused with any authorized traffic sign,
signal or device; or which makes use of the words "STOP," "LOOK,"
"DRIVE-IN," "DANGER" or any other word, phrase, symbol or character
in such manner as to interfere with, mislead or confuse traffic.
E.
All electrical equipment used in connection with any
type of sign or billboard shall conform to the requirements of the
Building Code and shall be approved by an electrical inspection agency
approved by the City of New Rochelle.
F.
All signs and other advertising structures shall be
designed and constructed to withstand a wind pressure of not less
than 40 pounds per square foot of projected area and shall be constructed
to receive all dead loads as required.
G.
Every permanent sign or other advertising structure
hereafter erected shall have painted in a conspicuous place thereon
a sign identification panel consisting of the date of erection and
the permit number of sufficient size to be read from the street, yard
or ground level. This shall not apply to individual letters.
H.
Notwithstanding anything to the contrary contained
in this chapter:
[Amended 1-20-2015 by Ord. No. 19-2015]
(1)
No more than one wall sign per use shall be permitted on each street
frontage of any building at the level of the first floor, except that
no sign shall be permitted on the side of any building abutting a
residential zoning district.
(2)
No more than one wall sign shall be permitted on each frontage of
any building above the level of the first floor, and no sign shall
be permitted on the side of any building abutting a residential zoning
district. Signs located above the level of the first floor may only
be erected at the level of the top floor of the building.
[Amended 3-28-2017 by Ord. No. 58-2017]
(3)
Where a building has signs on multiple frontages erected at the level
of the top floor, all frontages must display identical signs.
[Amended 3-28-2017 by Ord. No. 58-2017]
(4)
One detached directory sign per lot shall be allowed in a multi-use
complex. Dimensions shall be no larger than 15 feet high, seven feet
from the ground to the bottom of the sign and a maximum of 40 square
feet in area.
A.
Signs shall be designed in harmony with the building and established
development. No more than black or white and three other different
colors shall be used in any one sign, and lettering on illuminated
signs shall be light lettering on a dark or colored background. The
orientation of signs placed upon buildings shall be consistent.
[Amended 4-13-2009 by Ord. No. 61-2009; 3-28-2017 by Ord. No. 58-2017]
B.
Lettering shall be no larger than 16 inches. If a sign consists of
more than one line, the cumulative total of all lines shall be no
larger than 16 inches.
[Amended 3-28-2017 by Ord. No. 58-2017]
C.
Permanent and/or temporary signs on windows and doors, including
window coverings, shall have letters no larger than 12 inches in height
and shall not occupy more than 15% cumulatively of the total area
of windows and doors. Temporary signs on windows and doors shall not
require a permit if they do not occupy more than 15% cumulatively
of the total area of windows and doors. The 15% computation shall
be based on any window and door areas inside of decorative borders,
if any. Permanent signs on windows and doors occupying over 15% of
the total area of windows and doors shall require permits and approval
from the Municipal Arts Commission. Area should be measured inside
of decorative border.
[Amended 9-16-1997 by Ord. No. 191-97; 9-26-2000 by Ord. No. 158-2000; 3-20-2001 by Ord. No. 58-2001; 11-20-2019 by Ord. No. 2019-238]
D.
Permitted window signs within a building shall be
compatible and in harmony with wall signs.
E.
Where a building contains more than one store or use,
all store units or uses in that building shall have a similar design
and placement of signs.
A.
The use, kind, number, maximum area, maximum height and special regulations for all wall signs shall conform to § 270-23.
B.
Combustible materials are permitted for signs with
areas of up to 40 square feet, subject to all other restrictions contained
herein. All signs of more than 40 square feet shall be incombustible.
All illuminated signs shall be incombustible.
C.
Wall signs projecting more than six inches over the
street or property line and projecting signs of more than four square
feet shall be constructed of incombustible material.
D.
No wall sign shall cover wholly or partially any wall
opening nor project beyond the ends or top of the wall to which it
is attached. No wall sign shall be supported by an untraced parapet
wall nor shall any sign be erected so as to project above the roof
cornice, parapet wall or above the roof level where there is no roof
cornice or parapet wall. No wall sign shall be located on any nonstructural
wall or chimney which extends above the structural roof, except in
the case of a parapet wall.
E.
All wall signs shall be safely and securely attached
to the building wall by means of metal anchors, bolts or expansion
screws of not less than 3/8 inch in diameter embedded in said
wall at least five inches; provided, however, that such signs may
rest in or be bolted to strong, heavy metal brackets or saddles set
not over six feet apart, each of which shall be securely fixed to
the wall as provided herein. In no case shall any wall sign be secured
with wire, strips of wood or nails. All metal supports and bracing
members shall not be less than 3/16 inch thick.
A.
The use, kind, number, maximum area, maximum height and special regulations for all detached signs shall conform to § 270-23.
B.
All detached signs which are not in a residential
zone shall have a surface or facing of incombustible material; provided,
however, that combustible structural trim not exceeding four inches
in width may be used thereon. All letters, figures and characters
attached to or superimposed upon any sign shall be safely and securely
attached to the sign structure. The total depth normal to the face
of a ground sign shall not exceed 12 inches.
C.
No detached sign shall be located closer than 10 feet
to any curbline nor be erected or maintained at a distance nearer
than six feet to the rear lines of any lot, nor shall any sign be
erected within the triangular area formed between two street lines
30 feet distant from their point of intersection. No ground sign shall
project beyond the front property line or sidewalk.
D.
All detached signs shall be securely built, constructed
and erected upon posts and standards set in concrete, the bottom of
which shall be sunk at least three feet below the natural surface
of the ground, and shall be supported and braced as required by acceptable
engineering practices. All metal supports and bracing members shall
not be less than 1/4 of an inch thick. Any detached sign which
is more than nine square feet and which top point is 10 feet off the
surface grade shall be designed by a registered architect or professional
engineer.
Signs in all residential districts shall conform
to the following additional provisions:
A.
General provisions for all signs.
(1)
No detached sign shall be located closer than five
feet to a street property line.
(2)
No sign shall have or consist of any moving, rotating
or otherwise animated part, or any flashing, blinking, fluctuating
or other animated light nor shall it be directly illuminated, but
may be indirectly illuminated.
(3)
No roof sign, wind sign or projecting sign shall be
permitted, subject to the restrictions of this chapter.
(4)
No sign shall extend above the roofline of a building
to which it is attached.
C.
Signs for subdivisions, subdivision sales offices,
model homes, condominiums and apartment rentals are permitted in any
district in accordance with the following provisions: One or more
signs located not closer than five feet to any street property line
are permitted for each subdivision, condominium or apartment, provided
that the total area of such signs shall not exceed 16 square feet.
Sales office signs and model home signs shall be located not closer
than five feet to any street property line. No detached sign shall
exceed 15 feet in height. No sign shall be a roof sign. All signs
shall be stationary and unlighted or indirectly lighted. Temporary
banners, flags, pennants and similar displays for model homes are
permitted with permits only.
[Amended 6-20-2006 by Ord. No. 166-2006]
All proposed street clocks shall
go before the Municipal Art Commission.
It shall be unlawful for any person or firm
to hoist or lower or to hang or attach any sign exceeding a total
area of six square feet, measured one side only, illuminated or otherwise,
or exceeding 10 pounds in weight, on the outside of any building or
structure without a sign hangers license, except as hereinafter provided.
The provisions shall also apply to signs supported directly upon the
ground, except as hereinafter provided.
A.
Jurisdiction. The Building Official shall issue the
license provided for by this section to applicants who have been duly
qualified by him.
B.
Application for license. Any person desiring a license
to hang, hoist or attach any sign shall file in the office of the
Building Official his application for such license. The application
shall be made in writing on forms furnished and shall state all the
information as may be required.
C.
Qualifications. Sign hanger's license. Each applicant
for a sign hangers license, and if the applicant is a corporation,
then an officer thereof, must be at least twenty-one years of age
and be able to produce evidence of at least three years practical
experience in sign hanging during a period of five years immediately
preceding the date of his application. He must also have knowledge
and ability to read plans and specifications relating to sign construction
and erection, including supporting framework or other support, and
have knowledge of the problems and practice of sign construction and
hanging and the equipment and tools used in sign hanging. He shall
also have knowledge of sign ordinances, laws and rules applicable
to the City of New Rochelle.
D.
License. If qualified and said application is approved, the Building Official shall notify the applicant, in writing, and, upon payment of a fee as set forth in Chapter 133, Fees, a license will be issued, authorizing the applicant to engage in sign hanging in the City of New Rochelle, New York, subject to the limitations of the issued license and the limitations of this chapter.
E.
Duration of license. All licenses issued as described in this section shall terminate on the 31st day of December of each year; provided, however, that a license may be renewed from year to year by the payment of an annual fee as set forth in Chapter 133, Fees, to the Bureau of Buildings of the City of New Rochelle. Licenses not renewed within 90 days after expiration shall be renewed upon the payment of a fee as set forth in Chapter 133, Fees.
F.
Revocation. The Building Official shall have the power
to revoke or suspend any license upon proof of fraud, deceit, collusion
or misrepresentation on the part of the applicant in obtaining such
license or where a licensed sign hanger has willfully violated any
provision of this chapter or the Zoning Ordinance.[1]
G.
Reinstatement of license. After revocation of a sign
hanger's license, a new application for a license may be made after
three months shall have elapsed from the date of such revocation.
The applicant must then fulfill all of the requirements as hereinbefore
set forth for a sign hanger's license.
H.
Insurance requirements.
(1)
Liability. Each licensed sign hanger shall file with
the Bureau of Buildings a surety bond or policy of insurance in a
solvent and responsible company authorized to do business in the state,
approved by such Department in the sum of $100,000/$300,000 conditioned
for the payment of any judgment received against such sign hanger
for death or for injury to any person or persons caused in the operation,
maintenance or use of any sign hanging equipment or while engaged
in any sign hanging operation. Such bond or policy shall contain a
provision for continuing liability thereunder, notwithstanding any
recovery thereon. If, at any time, in the judgment of the Department
of Buildings, such bond or policy is not sufficient for any cause,
such Department may require that the bond or policy be replaced with
another bond or policy approved by it.
(2)
Property damage.
(a)
Every licensed sign hanger shall file with the
Bureau of Buildings a surety bond or policy of insurance in a solvent
and responsible company authorized to do business in the state, approved
by the Department, in the sum of $100,000 conditioned for the payment
of any judgment recovered against such person for damage to or destruction
of property caused in the operation, maintenance or use of any sign
hanging equipment or while engaged in any sign hanging operation.
(b)
Such bond or policy of insurance shall contain
a provision for a continuing liability thereunder, notwithstanding
any recovery thereon. If, at any time, in the judgment of the Bureau
of Buildings, such bond or policy is not sufficient for any cause,
the Bureau may require that the policy be replaced with another bond
or policy approved by it.
(c)
Such bond or policy of insurance shall name
the City of New Rochelle as an additional insured.
(d)
Such bond or policy of insurance must provide
proof of compliance with required amounts of worker's compensation
and New York State disability insurance.
[Amended 9-16-1997 by Ord. No. 191-97; 3-20-2001 by Ord. No. 58-2001; 3-28-2017 by Ord. No. 58-2017; 6-19-2018 by Ord. No. 2018-119[1]]
A.
Legally existing billboards. A legally existing billboard, solely
in the same location and with the same sign area and height of sign
which existed on March 20, 2001, without any enlargement at any time
thereafter permitted, may remain in existence until and shall be removed
on or before the earlier to occur of the following events:
(1)
Discontinuance of its use for more than a continuous period of 180
days. "Discontinuance of use" shall be defined as whenever the face
of an existing billboard shall no longer contain text or graphics
(or a combination of the two) bearing a message. The display of text
or graphics conveying merely information relating to the availability
of the existing billboard or the place or manner in which the owner
or lessee of the existing billboard (or his or her representative)
may be contacted for the purpose of placing a message on the face
thereof shall not be deemed "use" of such existing billboard; and
(2)
December 31, 2020.
B.
A billboard that is erected, maintained, attached, affixed, painted
on, or in any other manner represented on a building or premises in
violation of the zoning resolution, this Code, or rules adopted pursuant
thereto is hereby declared to be a public nuisance. The Building Official
shall order the removal of such illegal sign and its sign structure,
if applicable, as hereinafter provided.
[Added 9-22-2020 by Ord.
No. 2020-114]
(1)
The Building Official shall immediately order the removal of any
billboard and its structure that has been deemed to be in violation
of this Code.
(2)
The Building Official shall immediately give written notice to the
billboard owner and/or landowner, who shall remove the billboard within
14 days from the date of written notice. In the event that said billboard
is not removed within 14 days, a cumulative fine of $250 per day shall
be charged from the date of the written notice to date of removal.
In the event that said billboard is not removed within six months
from the date of the first written notice, a cumulative fine of $500
per day shall be charged from the date of the first written notice
to date of removal. In the event that said billboard is not removed
within one year from the date of the first written notice, a cumulative
fine of $1,000 per day shall be charged from the date of the first
written notice to date of removal. In the event that said billboard
is not removed within two years from the date of the first written
notice, a cumulative fine of $10,000 per day shall be charged from
the date of the first written notice to date of removal.
(3)
The Building Official shall immediately give written notice to the
billboard owner and/or landowner, who shall remove the billboard structure
within 14 days from the date of written notice. In the event that
said billboard is not removed within six months from the date of the
written notice, a cumulative fine of $500 per day will be charged
from the date of the written notice through to the date of the six-month
anniversary of the notice. In the event that said billboard is not
removed within one year from the date of the written notice, a cumulative
fine of $1,000 per day will be charged from the date of the written
notice through to the date of the one-year anniversary of the notice.
In the event that said billboard is not removed within two years from
the date of the written notice, a cumulative fine of $10,000 per day
will be charged from the date of the written notice through to the
date of the two-year anniversary of the notice.
[1]
Editor’s Note: This ordinance also amended the title
of this section, which was formerly Nonconforming signs.
Any sign existing on or after the effective
date of this chapter which no longer advertises an existing business
conducted or product sold on the premises upon which such sign is
located shall be removed. The Building Official shall immediately
revoke the permit that was issued for this sign and shall give written
notice to the named owner of the building on which the sign is mounted
or, if the sign is freestanding, to the named owner of the land upon
which the sign is located, who shall remove the sign within 30 days
from the date of written notice. If the sign is not removed within
said time period, the Building Official shall remove the sign and
assess the owner for all costs incurred for such service. The owner
who refuses to pay removal costs will not be issued another permit
for a sign on this building or property nor will a tenant or lessee
be issued a permit for a sign on this building or property.
[Amended 6-20-2006 by Ord. No. 166-2006]
A.
The Building Official or his designee shall serve as an advisor to
the Municipal Art Commission, which shall hear appeals from denials
of sign permits.
[Amended 3-28-2017 by Ord. No. 58-2017]
B.
Any person denied a sign permit may request an appeal therefrom by the filing of a petition and payment of the fee set forth in Chapter 133, Fees, and shall be granted a hearing on the matter before the Municipal Art Commission. Such petition shall set forth a brief statement of the grounds therefor and shall be filed in the office of the Building Official within 30 days after the notice of denial was issued.
C.
Upon receipt of such petition, the Municipal Art Commission
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 should be modified
or withdrawn. The hearing shall be commenced within 45 days after
the day on which the petition was filed, provided that upon application
of the petitioner the Municipal Art Commission may postpone the date
of the hearing if in its judgment the petitioner has submitted a good
and sufficient reason for such postponement.
D.
After such hearing the Municipal Art Commission shall
sustain, modify or withdraw the notice, depending upon its findings
as to whether the provisions of this chapter and the rules and regulations
adopted pursuant thereto have been complied with. If the Municipal
Art Commission sustains or modifies such notice, it shall be deemed
to be an order.
E.
In all cases where said Municipal Art Commission shall
grant a variance of any provisions or requirements of this chapter,
such Municipal Art Commission shall find:
(1)
That there are special physical conditions, fully
described in the findings of the Municipal Art Commission, 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 not 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)
That, for reasons fully set forth in the findings
of the Municipal Art Commission, the aforesaid circumstances or conditions
are such that the strict application of the provisions of this chapter
would deprive the applicant of the reasonable use of a sign and the
granting of the variance is necessary for the reasonable use of said
sign and that the variance as granted by the Municipal Art Commission
is the minimum variance that will accomplish this purpose.
(3)
That the granting of the variance under such conditions
as the Municipal Art Commission may deem necessary or desirable to
apply thereto will be in harmony with the general purpose and intent
of this chapter and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
G.
In all cases where the Municipal Art Commission grants
a variance from the strict application of the requirements of this
chapter, it shall be the duty of the Municipal Art Commission 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 chapter.
H.
The proceedings at all hearings of the Municipal Art
Commission, including the findings and decision of the Municipal Art
Commission, shall be summarized, reduced to writing and entered as
a matter of public record in the office of the Building Official.
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 Municipal Art Commission may seek relief therefrom in any court
of competent jurisdiction as provided by the laws of this state.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remaining portions hereof, but shall be confined
to the clause sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
The following signs listed in § 270-23 are permitted as listed in this chapter.
This chapter shall be enforced by the Bureau
of Buildings and the New Rochelle Police Department. Copies of all
offenses against the provisions of this chapter shall be made available
to the Bureau of Buildings. An offense against the provisions of this
chapter shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both.
Any sign authorized in this chapter is allowed
to contain noncommercial copy in lieu of other copy.
[Amended 3-28-2017 by Ord. No. 58-2017]
Please see 270 Attachment 1, Table of Permitted Signs, attached.
[Added 1-20-2015 by Ord. No. 19-2015]
[Added 3-28-2017 by Ord.
No. 58-2017; amended 7-18-2017 by Ord. No. 151-2017; 4-17-2018 by Ord. No. 2018-70]
Any private party wishing to place a planter or other furnishing
zone items upon a public sidewalk shall submit an application to the
Department of Development containing the information requested thereon.
The description of the planter or other furnishing zone items and
the accompanying sketch or plan shall be sufficiently detailed in
order to determine the structural integrity of the proposed display
and how it will be anchored to the ground. Proposed planters and other
furnishing zone items located within the Downtown Overlay Zone (DOZ)
shall comply with all DOZ regulations. Proposed planters and other
furnishing zone items located outside of the DOZ shall comply with
the sections of this code. All submissions shall be reviewed by the
Department of Public Works and shall be required to be approved by
the Municipal Arts Commission (MAC).
A.
Size and Positioning of Planters. A permit for a planter or other
furnishing zone items may only be issued to the owner or the tenant
of a building in a zoned district permitting such use and abutting
the public sidewalk adjacent thereto, provided that the following
requirements are met:
(1)
Planters or other furnishing zone items may be placed adjacent to
either the building or within the furnishing zone alongside the curbline.
If placed at curbside, a clearance of no less than one foot from the
curb to the exterior perimeter of the planter or furnishing is required.
A pedestrian clearway of not less than four feet six inches in width
is required. This clearance must be accepted and approved by the MAC.
(2)
The area to be used for the planter or other furnishing zone item
must not extend beyond the extension of the side property lines onto
abutting properties nor impede access to crosswalks, fire hydrants,
parking meters or other street placements installed by the City of
New Rochelle.
(3)
A clear unoccupied space must be provided, not less than three feet
in width, from all entrances of the building abutting the sidewalk
to the perimeter of the planter or other furnishing zone item.
(4)
The maximum height of the planter or furnishing zone item, including
plantings, is 10 feet. The total width of the planter(s) and other
furnishing zone items shall be proportional to the frontage of the
building or tenant's space and shall be approved by the MAC.
B.
Color Palette of Planters and other furnishing zone items. To use
color in a way that enhances the existing building and surrounding
environment, planters and street furnishings shall comply with one
of the approved color palettes. The selected palette should complement
the building exterior for the property and abutting properties and
must be approved by the MAC. Acceptable designs will typically involve
up to two colors within the color scheme, one as a field color and
one as an accent.
C.
Planter or other Furnishing Zone Item Maintenance.
(1)
It shall be unlawful to sweep or deposit any litter, paper, cans,
glass, dirt, filth, etc., into the planter or furnishing zone item.
(2)
It shall be the duty of every owner, superintendent, lessee, occupant,
tenant or other person exercising supervision and control of the operation
of business or commercial, manufacturing or multiple-dwelling property
to ensure all planters and/or street furnishings placed on their property
are kept clear of all litter, paper, cans, glass, dirt, filth, etc.
Additionally, no advertising banners or signs may be placed within
or upon the planter or furnishing.
