City of Hudson, NY
Columbia County
[HISTORY: Adopted by the Common Council of the City of Hudson 12-13-1973 by Ord. No. 28-1973 (Ch. 94 of the 1973 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 90.
Streets and sidewalks — See Ch. 266.
Zoning — See Ch. 325.

§ 244-1 Title.

§ 244-2 Definitions.

§ 244-3 Permit required.

§ 244-4 Application for erection permit.

§ 244-5 Requirements for illuminated signs.

§ 244-6 Issuance of permit.

§ 244-7 Permit fees.

§ 244-8 Permit revocable at any time.

§ 244-9 Removal of unsafe or unlawful signs.

§ 244-10 Number, erection date and voltage to be on sign.

§ 244-11 Maintenance standards.

§ 244-12 Wind pressure and dead load requirements.

§ 244-13 Removal of certain signs.

§ 244-14 Exceptions.

§ 244-15 Insurance requirements for sign builders.

§ 244-16 Posting on poles or trees.

§ 244-17 Removal after change of occupancy.

§ 244-18 Obstructing doors, windows or fire escapes prohibited.

§ 244-19 Restrictions on interior signs.

§ 244-20 Signs not to constitute traffic hazard.

§ 244-21 Sign surfaces.

§ 244-22 Gooseneck reflectors and lights permitted; restrictions.

§ 244-23 Shielding of floodlights required.

§ 244-24 Illumination.

§ 244-25 Content.

§ 244-26 Dual-faced signs.

§ 244-27 Use of moving devices prohibited.

§ 244-28 Flashing or interfering signs prohibited.

§ 244-29 Ground signs.

§ 244-30 Wall signs.

§ 244-31 Roof signs prohibited.

§ 244-32 Projecting signs prohibited.

§ 244-33 Billboard signs prohibited; exceptions.

§ 244-34 Temporary signs.

§ 244-35 Portable signs.

§ 244-36 Marquees.

§ 244-37 Gasoline station and automobile dealer signs.

§ 244-38 Awnings and canopies.

§ 244-39 Street clocks.

§ 244-39.1 Signs in urban renewal and community development   areas.

§ 244-39.2 Signs in the Local Waterfront Revitalization Area boundary.

§ 244-40 Time limit for removing nonconforming signs.

§ 244-41 Revocation of permits.

§ 244-42 Appeals.

§ 244-43 Penalties for offenses.

§ 244-1 Title.

This chapter shall hereafter be known and cited as the "Sign Ordinance of the City of Hudson."

§ 244-2 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
APPROVED COMBUSTIBLE MATERIAL
A plastic material more than 1/20 of an inch in thickness which burns at a rate of not more than 2 1/2 inches per minute when subjected to the ASTM standard test for flammability of plastics in sheets of 0.06 inch thickness.
AREA OF SIGN
The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be the minimum area which can be defined by and enclosed by a four-sided (straight sides) geometric shape which most closely outlines said sign.
ERECT
To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.
FACING or SURFACE
The surface of the sign upon, against or through which the message is displayed or illustrated on the sign.
ILLUMINATED SIGN
Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper.
INCOMBUSTIBLE MATERIAL
Any material which will not ignite at or below a temperature of 1,200º F. and will not continue to burn or glow at that temperature.
MAINTENANCE; MAINTENANCE OF SIGNS
Includes replacement, without substantial change of any parts or supports of any signs, and repainting without change of text, design or size of any sign, without removal of the sign from the wall or structure supporting it.
OTHER ADVERTISING STRUCTURE
Any marquee, canopy, awning or street clock, as further defined herein.
PERSON
Includes any person, firm, partnership, association, corporation, company or organization of any kind.
SIGN
Includes every sign, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning, canopy and street clock, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out-of-doors in view of the general public or indirectly affixed to the inside of a window.
STRUCTURAL TRIM
The molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure.

§ 244-3 Permit required.

It shall be unlawful for any person to erect, repair, alter or relocate within the City of Hudson any sign or other advertising structure, as defined in this chapter, without first obtaining a permit from the Building Inspector and making payment of the fee required by § 244-7.

§ 244-4 Application for erection permit.

Application for erection permits shall be made upon blanks provided by the Building Inspector and shall contain or have attached thereto the following information:
A. 
Name, address and telephone number of the applicant.
B. 
Location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected.
C. 
Position of the sign or other advertising structure in relation to nearby buildings or structures.
D. 
Two blueprints or ink drawings of the plans and specifications, and method of construction and attachment to the building or in the ground, including dimensions, materials, colors, weight, details of construction, distance from windows and fire escapes, and types and intensity of illumination, if any.
E. 
Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this chapter and all other laws and ordinances of the City of Hudson.
F. 
Name of person, firm, corporation or association erecting structure.
G. 
Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.
H. 
Insurance policy or bond, as required by § 244-15.
I. 
Such other information as the Building Inspector shall require to show full compliance with this chapter and all other laws and ordinances of the City of Hudson.

§ 244-5 Requirements for illuminated signs.

The application for a permit for erection of a sign or other advertising structure in which electrical wiring and connections are to be used shall comply with all electrical ordinance provisions incorporated in the Building Code of the City of Hudson.[1] In addition, the Building Inspector may at his discretion require an inspection and a certificate of approval of the wiring from the Middle Department Association of Fire Underwriters or other approved rating organization for any sign illuminated by electric lighting before it has been placed in operation. All wiring shall be enclosed in metal conduit and not less than two inches from facing material.
[1]:
Editor's Note: See Ch. 90, Building Construction.

§ 244-6 Issuance of permit.

It shall be the duty of the Building Inspector, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the City of Hudson, he shall then issue the erection permit. If the work authorized under the erection permit has not been completed within four months after date of issuance, the permit shall become null and void.

§ 244-7 Permit fees.

[Amended 4-20-2004 by L.L. No. 3-2004]
Every applicant, before being granted a permit hereunder, shall pay to the Building Inspector a permit fee as established by the Common Council for each such sign or other advertising structure regulated by this chapter:
A. 
All signs requiring a permit other than temporary signs.
B. 
Temporary signs, each 60 square feet or fraction thereof.
C. 
Canopy or awning.
D. 
Marquee.
E. 
Street or wall clocks.
F. 
For illuminated signs, an additional charge shall be paid over and above the aforesaid fees.[1]
[1]:
Editor's Note: Former §  94-8, Annual inspection required; fee, which immediately followed this subsection was repealed 4-20-2004 by L.L. No. 3-2004.

§ 244-8 Permit revocable at any time.

All rights and privileges acquired under the provisions of this chapter or any amendment thereto are merely licenses revocable at any time by the Building Inspector of the City of Hudson, and all such permits shall contain this provision.

§ 244-9 Removal of unsafe or unlawful signs. [1]

If the Building Inspector shall find that any sign or other advertising structure regulated herein is unsafe or insecure or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, he shall give written notice, certified mail, return receipt, to the permittee or owner thereof. If the permittee or owner fails to remove or alter the structure so as to comply with the standards herein set forth within 15 days after such notice, such sign or other advertising structure may be removed or altered by the Building Inspector at the expense of the permittee or owner of the property upon which it is located, to be added to and become a part of the tax bill by the Treasurer. The Building Inspector shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Building Inspector may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 244-10 Number, erection date and voltage to be on sign.

Every sign or other advertising structure hereafter erected shall have painted in a conspicuous place thereon, in letters not less than 1/2 inch in height, the date of erection, the permit number and the voltage of any electrical apparatus used in connection therewith.

§ 244-11 Maintenance standards.

All signs, together with their supports, braces, guys and anchors, shall be kept in good repair. The owner of any sign, as defined and regulated by this chapter, shall be required to have properly painted at leapt once every two years, or sooner, to prevent corrosion, all parts and supports of the sign, unless the same are galvanized or otherwise treated to prevent rust.

§ 244-12 Wind pressure and dead load requirements.

All signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 20 pounds per square foot of net area exposed to the wind pressures, and shall be constructed to receive dead loads as required in the Building Code or other ordinances of the City of Hudson.

§ 244-13 Removal of certain signs.

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold 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 10 days after written notification from the Building Inspector, and upon failure to comply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.

§ 244-14 Exceptions.

The provisions and regulations of this chapter concerning permits and fees shall not apply to the following signs; provided, however, that said signs shall be subject to the provisions of § 244-10:
A. 
Real estate signs may be erected advertising the sale or rental of the premises on which the sign is erected and maintained. Such real estate signs shall be distant at least 15 feet from any street line, unless attached to a portion of a building that may be nearer to said street line. Such real estate signs shall not exceed eight square feet in front surface area, except that where the parcel of land to be sold shall be larger than one acre in size, then and in that event said real estate sign shall not exceed 24 square feet in front surface area; provided, however, that in such event the sign shall be distant at least 35 feet from any street line.
B. 
Professional nameplates not exceeding six inches in height or 18 inches in length for lawful occupants of the premises under the Zoning Ordinance.[1]
[1]:
Editor's Note: See Ch. 325, Zoning.
C. 
Bulletin boards or signs not over 50 square feet in area for public, charitable or religious institutions, including benevolent orders and other fraternal organizations, when the same are located on the premises of said institutions.
[Amended 5-21-1991 by L.L. No. 5-1991]
D. 
Signs denoting the architect, engineer or contractor or prospective use when placed upon work under construction, and not exceeding 32 square feet in area, provided that the same are set back at least 15 feet from the curb, and further provided that the same are removed within 24 hours after the final certificate of occupancy is issued.
E. 
Occupational signs denoting only the name and profession of an occupancy in a commercial building, public building or dwelling house and not exceeding two square feet in area.
F. 
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
G. 
Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency or nonadvertising signs as may be approved by the Building Inspector.
H. 
Flags of the United States, State of New York or other governmental or quasi-public agencies.
I. 
Christmas decorations and lights on residential premises.
J. 
Signs of any governmental agency deemed necessary to the public welfare.
K. 
Signs erected to control the movement of traffic on a premises, provided that these signs shall provide traffic directions only and shall not be used for any advertising purpose. These signs shall not exceed four square feet in area and shall have been approved by the Planning Commission.

§ 244-15 Insurance requirements for sign builders.

Any person obtaining a permit for the erection of a sign shall provide proof to the satisfaction of the Building Inspector that the person, firm or corporation actually doing the erection shall have in force a public liability insurance policy with limits of no less than $100,000 for property damage and $300,000 bodily injury per occurrence.

§ 244-16 Posting on poles or trees.

No utility pole or tree located in any public right-of-way or public easement shall be used for the posting of signs, except for those required in the City for the enforcement of traffic ordinances.

§ 244-17 Removal after change of occupancy.

Upon termination of an occupancy of any premises, it shall be the duty of the owner of such premises to require that any sign used in connection with that occupancy be removed from the premises within five days after termination of said occupancy.

§ 244-18 Obstructing doors, windows or fire escapes prohibited.

No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

§ 244-19 Restrictions on interior signs.

No sign, temporary or otherwise, on the inside of a window shall occupy more than 33 1/3% of the aggregate area of said window. Such signs, if temporary, shall not remain more than 30 days.

§ 244-20 Signs not to constitute traffic hazard.

No sign shall be erected, relocated or maintained at the intersection of any street 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 word "STOP," "LOOK," "DRIVE-IN," "DANGER" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. This shall not prohibit signs in private parking lots as directed by the Planning Commission.

§ 244-21 Sign surfaces.

All signs or other advertising structures which are constructed on street lines or within five feet thereof shall have a smooth surface except for protruding letters, and no nails, tacks or wires shall be permitted to protrude therefrom, except electrical reflectors and devices, which may extend over the top and in front of the advertising structures.

§ 244-22 Gooseneck reflectors and lights permitted; restrictions.

Gooseneck reflectors and lights shall be permitted on ground signs and wall signs; provided, however, the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.

§ 244-23 Shielding of floodlights required.

Floodlights at ground level or located within 12 feet of ground level shall be so located and shielded as to prevent any glare or blinding effect upon any lane of moving traffic.

§ 244-24 Illumination.

A. 
In all cases where illumination of signs is necessary and is permitted under the terms of this chapter, such sign shall not be illuminated by other than a shielded or otherwise indirect nonflashing light, preferably a white light, or a light from the interior of a sign with a translucent face.
B. 
In no event shall red or green illumination be permitted, whether flashing or not, on any sign located in the same line of vision as a traffic control signal. The Building Inspector shall have the authority to compel the removal or correction of such sign within 60 days of notification of his decision, whether or not such sign existed at the time of enactment of this chapter.
C. 
In no event shall any illumination of any sign be so arranged as to produce undue glare or offensive light, annoying to residents in the surrounding area. The Building Inspector shall have the authority to compel the removal or correction of such sign within 60 days of notification of his decision, whether or not such sign existed at the time of enactment of this chapter.
D. 
Highly reflective glass or fluorescent paint in red or green is also prohibited.
E. 
Illuminated tubing outlining roofs, doors, windows or wall edges of a building or strings of lights are not permitted.
F. 
All lighting in connection with signs shall be extinguished by 11:00 p.m., prevailing time, or at the close of the business serviced by said signs or lights; provided, however, that the Building Inspector may authorize exterior lighting at additional hours to assist in the protection of properties which otherwise may be subject to this section when so recommended by the Chief of Police of the City of Hudson.

§ 244-25 Content.

In order to preserve the basically residential character of this community and to facilitate the improvement of its commercial and industrial areas in a safe and orderly manner, no commercial outdoor advertising signs, billboards or other signs which are not expressly and directly related to the business being conducted on the premises and which do not conform to the applicable requirements and standards set forth in other sections of this chapter shall be permitted and all other such commercial outdoor advertising signs, billboards and other nonconforming signs are specifically prohibited. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter.

§ 244-26 Dual-faced signs.

Signs carrying the same message on two sides shall be considered, for size limitation purposes, to be of a size equivalent to the size of one side. When there is a different message on each side, then each side shall be considered an individual sign.

§ 244-27 Use of moving devices prohibited.

[Amended 2-15-1977 by Ord. No. 1-1977]
Any sign of which all or any part is in motion by any means is prohibited. Fluttering, rotating or other moving devices set in motion by movement of the atmosphere are also prohibited. This provision is intended to include spinners, banners, nongovernmental flags or similar devices, etc. Any sign or device in which the artificial light is not maintained stationary and constant in intensity and color at all times when in use is prohibited.

§ 244-28 Flashing or interfering signs prohibited.

No illuminated sign shall be of the flasher or speller type or interfere with radio, television or other electrical appliances or interfere with the visibility on roads or highways.

§ 244-29 Ground signs.

A. 
Definition. "Ground sign," as regulated by this chapter, shall include any sign supported by uprights or braces placed upon the ground and not attached to any building.
B. 
Construction.
(1) 
Materials required. All ground signs for which a permit is required under this chapter shall have a surface or facing of incombustible material or be of approved combustible material; provided, however, that combustible structural trim may be used thereon.
(2) 
Letters, etc., to be secured. All letters, figures, characters or representations in cutout or irregular form, maintained in conjunction with, attached to or superimposed upon any sign, shall be safely and securely built or attached to the sign structure and shall comply with all requirements in § 244-21.
C. 
Location and size.
(1) 
Area. No ground sign shall exceed 16 square feet, except that a ground sign shall not exceed 50 square feet where such sign is located on the premises of a public, charitable or religious institution, including benevolent orders and other fraternal organizations.
[Amended 5-21-1991 by L.L. No. 5-1991]
(2) 
Height limitation. It shall be unlawful to erect any ground sign whose total height is greater than 20 feet above the level of the street upon which the sign faces, or above the adjoining ground level if such ground level is above the street level.
(3) 
Space between sign and ground and other signs and structures. Ground signs shall have an open space not less than two feet between the base line of said sign and the ground level. This open space may be filled in with a platform or decorative latticework which does not close off more than 1/2 of any square foot of such open space. No ground sign shall be nearer than two feet to any other sign, building or structure.
(4) 
Setback line. No ground sign shall be nearer the street than 15 feet from the curbline, and such signs shall be placed farther back if practicable. No ground sign may be erected within the triangular area formed by connecting with a straight line each of two points situated 40 feet distant along the curbline from point of intersection of two streets forming a corner.
(5) 
Not to mislead, interfere with or confuse traffic. All ground signs shall conform to the provision of § 244-20.
D. 
Erection.
(1) 
Bracing, anchorage and supports. All ground signs shall be securely built, constructed and erected upon posts and standards sunk at least three feet below the natural surface of the ground, and shall be adequately supported.
(2) 
Supports, etc., to be creosoted. All posts, anchors and bracing of wood shall be treated to protect them from moisture by creosoting or other approved methods when they rest upon or enter into the ground.
(3) 
Wind pressure and dead, load requirements. All ground signs shall conform to the requirements of § 244-12.
E. 
Premises to be kept free of weeds, etc. All ground signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds.

§ 244-30 Wall signs.

A. 
Definition. "Wall sign," as regulated by this chapter, shall include all flat signs of solid-face construction which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure so that the display surface is parallel to the plane of the wall. Signs painted on an exterior of a wall shall be deemed to be wall signs subject to this chapter. They shall advertise only the permitted use, products or services on the premises on which they are displayed.
B. 
Construction.
(1) 
Materials required. All wall signs for which a permit is required under this chapter shall have a surface or facing of incombustible material or be of approved combustible structural material; provided, however, that combustible structural trim may be used thereon.
C. 
Location.
(1) 
Limitation on placement and area. 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. It shall be displayed on the building as follows:
(a) 
On the front facade which directly abuts and faces a public street.
(b) 
On the facade of a building directly abutting a lawfully established public parking lot, private parking area, mall or arcade.
(c) 
If a building shall face more than one street, an additional sign shall be permitted on the side street facade equal to 1/2 the area of the sign permitted on the front facade.
(2) 
Projection above sidewalk and setback line. No wall sign shall be permitted to extend more than 10 inches beyond the building nor be attached to a wall at a height of less than eight feet above the sidewalk or ground.
(3) 
Obstruction to doors, windows or fire escapes. No wall sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.
D. 
Size and design.
[Amended 2-15-1977 by Ord. No. 1-1977]
(1) 
Signs may be affixed to each facade of the building or buildings, provided that the area of each sign shall not exceed two square feet per linear foot of the facade upon which it is located.
[Amended 2-15-1994 by L.L. No. 1-1994]
(2) 
Painted signs. Painted signs shall be enclosed by a molding or border.
E. 
Erection.
(1) 
Supports and attachment. All wall signs shall be safely and securely attached to the building wall in accordance with accepted engineering standards, as determined by the Building Inspector. In no case shall any wall sign be secured with wire, strips of wood or nails.
(2) 
Wind pressure and dead load requirements. All wall signs shall conform to the requirements of § 244-12.

§ 244-31 Roof signs prohibited.

A. 
Definition. "Roof sign," as regulated by this chapter, shall mean any sign erected, constructed and maintained wholly upon or over the roof of any building, with the principal support on the roof structure.
B. 
Roof signs are prohibited.

§ 244-32 Projecting signs prohibited.

[Amended 5-18-1976 by Ord. No. 5-1976; 2-15-1977 by Ord. No. 1-1977]
A. 
Definition. A "projecting sign," as regulated by this chapter, shall include any sign which is attached to a building or other structure and extends beyond the line of said building or structure or beyond the surface of that portion of the building or structure to which it is attached.
B. 
One projecting sign may be permitted related solely to each business conducted on the premises, provided that the area of each sign shall not exceed 12 square feet.

§ 244-33 Billboard signs prohibited; exceptions.

A. 
Definition. "Billboard sign," as regulated by this chapter, shall mean any sign erected or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial and reading matter, supported by uprights placed in the ground and not attached to any part of a building.
B. 
Such sign, if not permitted as a ground sign in accordance with § 244-29, shall be prohibited.

§ 244-34 Temporary signs.

A. 
Definition. "Temporary sign," as regulated by this chapter, shall include any sign, banner, pennant, flag, valance or advertising display constructed of cloth, canvas, light fabric cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only.
[Amended 4-20-2004 by L.L. No. 3-2004]
B. 
Construction.
(1) 
Materials and area limitations. No temporary sign of combustible material shall exceed four feet in one of its dimensions or 100 square feet in area; and provided such signs in excess of 60 square feet shall be made of rigid materials, that is, of wallboard or other light materials, with frames.
(2) 
Every temporary sign must be approved by the Building Inspector.
C. 
Location.
(1) 
Projection from wall and over public property. No temporary sign shall extend over or into any alley, sidewalk or other public thoroughfare a distance greater than four inches from the wall upon which it is erected, nor shall any temporary sign be placed or project over any wall opening except for street banners, which shall be no less than 18 feet above said street.
(2) 
Obstruction to doors, windows and fire escapes. 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. 
Erection.
(1) 
Anchorage and support. Every temporary sign shall be attached to the wall with wire or steel cables, and no strings, ropes or wood slats for anchorage or support purposes shall be permitted.
E. 
Duration of permits. Permits for temporary signs shall authorize the erection of said signs and their maintenance for a period not exceeding 60 days or less, as determined by the Building Inspector, and such signs shall be removed sooner if torn or damaged.
F. 
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.
G. 
Election signs. Temporary election signs shall not be erected prior to 40 days before any election and shall be removed not more than five days after the election. Such temporary signs shall not exceed 32 square feet in area and shall be completely prohibited in residential zones. Where permitted, such signs shall be installed no less than 10 feet from the curbline.
H. 
Bond or insurance requirements. Insurance requirements on temporary signs shall be as provided in § 244-16 when required by the Building Inspector. Additional insurance of a bond holding the City harmless while the sign remains also may be required.

§ 244-35 Portable signs.

A. 
Definition. "Portable sign" shall be any sign easily moved from place to place on a stand or A-type frame having no permanent attachment to the ground, building or structure.
B. 
Area. Said sign shall not exceed three feet by four feet (12 square feet) in area.
C. 
Location. Said signs shall not be located in sidewalk or driveway areas nor shall they obstruct traffic or motorists' vision.
D. 
Limitation of signs. One portable sign will be permitted for each 100 feet of street frontage of the premises on which said sign or signs are located; provided, however, that a maximum of only two such signs shall be permitted.

§ 244-36 Marquees.

A. 
Definition. "Marquees," as regulated by this chapter, shall include any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare, including signs attached thereto, the supports of which are an integral part of the original structure. Marquee signs shall be permitted for the advertising of activities carried on within the premises to which they are attached, provided that such premises shall be limited to use as theaters.
B. 
Construction.
(1) 
Materials required. All marquees, including the anchors, bolts, supports, rods and braces thereof, shall be constructed of incombustible materials, shall be designed by a structural engineer and approved by the Building Inspector as in compliance with the Building Code,[1] and shall provide necessary safety factors for snow load.
[1]:
Editor's Note: See Ch. 90, Building Construction.
(2) 
Drainage. The roofs of all marquees shall be properly guttered and connected by downspouts to a sewer so that the water therefrom will not drip or flow onto public property.
(3) 
Roof use. The roofs of all marquees shall be used for no other purpose than to form and constitute a roof.
C. 
Location.
(1) 
Height above sidewalk. No portion of a marquee shall be less than 10 feet above the level of the sidewalk or other public thoroughfare.
(2) 
Setback from curbline. No marquee shall be permitted to extend beyond a point three feet inside the curbline.
(3) 
Width. No marquee shall be wider than the entrance or entrances of the building, plus five feet on each side thereof; provided, however, that where the entrances to buildings are not more than 20 feet apart, a marquee may be made a continuous single structure between said entrances.
D. 
Erection.
(1) 
Bracing, anchorage and support. Marquees shall be supported solely by the building to which they are attached, and no columns or posts shall be permitted as support therefor.
(2) 
Shape. The marquee sign may be rectangular in shape, having three sides exposed as it projects from the building, or may be triangular in shape, having two sides exposed as it projects from the building, provided that in no case shall the length of the side attached to the building be more than 25 feet.
(3) 
Anchorage to wood structure prohibited. No marquee shall be erected on any building of wood frame construction unless attached to the masonry, concrete or street supports of the building.
E. 
Signs attached to marquee. Signs attached to or hung from a marquee shall be completely within the borderline of the marquee's outer edge and shall in no instance be lower than 10 feet above the sidewalk or public thoroughfare. No sign or advertising material shall exceed five feet in height or 12 feet in width exclusive of the name of the establishment exhibiting such marquee. No advertising material shall be placed upon the roof of any marquee. In the case of triangular signs, the width of each vertical surface exposed may be increased to 18 feet, provided that the other terms of this chapter are complied with.
F. 
Illumination. Marquee signs may be illuminated along the front or side by interior or indirect illumination, the source for which shall in no case extend beyond the surface of the side on which such source of illumination is to be installed.

§ 244-37 Gasoline station and automobile dealer signs.

A. 
Pylon signs. Gasoline stations and automobile dealers shall, notwithstanding other provisions of this chapter, be permitted one freestanding or pylon sign advertising the name of the station, agency or garage and the principal products sold on the premises, including any special company or brand names, insignia or emblem, provided that each such sign shall not exceed 35 square feet in area on a side nor be erected within five feet of the property line and not less than 10 nor more than 20 feet above the ground. Such pole or pylon signs shall be illuminated only by internal illumination and shall be constructed of noncombustible materials, except that approved combustible faces may be permitted.
B. 
Limitation of temporary signs. One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles shall be permitted, provided that said sign does not exceed seven square feet in area.

§ 244-38 Awnings and canopies.

A. 
Definitions.
(1) 
Awning. An "awning," as regulated by this chapter, shall include any structure made of cloth or metal with a metal frame attached to a building and projecting over a thoroughfare, when the same is so erected as to permit its being raised to a position flat against the building when not in use.
(2) 
Canopy. A "canopy," as regulated by this chapter, shall include any structure other than an awning, made of cloth or metal, with metal frames attached to a building, projecting over a thoroughfare, and carried by a frame supported by the ground or sidewalk. Canopies shall be prohibited.
B. 
Construction material. Awnings may be constructed of cloth or metal; provided, however, all frames and supports shall be of metal.
C. 
Location.
(1) 
Height above sidewalk. All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet above the level of the sidewalk or public thoroughfare.
(2) 
Setback from curbline. No awning shall be permitted to extend beyond a point 24 inches inside the curbline.
(3) 
Width. No limitation on width of awning; provided, however, full compliance with § 244-12 is required. "Width" shall mean the distance measured parallel to the face of the building.
D. 
Erection support. Every awning shall be securely attached to and supported by the building. Posts or columns beyond the building line shall not be permitted for awnings. No awning shall be attached to the wood jambs, frames or other wood members of a building (frame buildings excepted) when such building is less than 10 feet from public property.
E. 
Advertising. No advertising shall be placed on any awning, except that the name of the owner and the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed in a space not exceeding eight inches in height on the front and side portions thereof.
F. 
Permits and inspection. Permits for awning shall be required as provided in § 244-3. Awnings shall be subject to annual inspection as required in § 244-8.

§ 244-39 Street clocks.

A. 
Definition. "Street clock," as regulated by this chapter, shall mean any timepiece erected on a standard upon the sidewalk or on the exterior of any building or structure for the convenience of the public, and placed and maintained by some person for the purpose of advertising his place of business.
B. 
Construction.
(1) 
Materials. All street clocks, as herein defined, shall be constructed of noncombustible material, including the frames, braces and supports thereof.
(2) 
Regulation of size of dial. The dial of such clocks shall be not less than 30 inches nor more than 40 inches in diameter.
(3) 
Requirements for glass. Any glass forming a part of a clock or the sign thereon 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 constructed of wired glass, securely held in place.
(4) 
Movable parts to be secured. Any movable part of a street clock, that is, cover or service opening, shall be securely fastened by metal hinges.
C. 
Location.
(1) 
Clocks erected on wall. Clocks supported on the corner of any building or structure at the intersection of two streets shall not be less than 15 feet nor more than 20 feet above the sidewalk and shall not project from the face or wall of the building or structure in any direction more than five feet.
(2) 
Clocks erected on sidewalk. Every clock erected on the sidewalk shall be supported upon a post of ornamental design, the total height of which shall be not less than 15 feet; shall be not more than 20 inches from the outer edge of the curb; and shall be at least 20 feet from the point of intersection of the curblines of any street, measured parallel to the street.
D. 
Erection.
(1) 
Clocks erected on walls. All clocks erected on the exterior of any building or structure shall comply with the requirements set forth in § 244-30, regulating wall signs, or § 244-32, regulating projecting signs, in all respects concerning erection, whichever applies.
(2) 
Wind pressure and dead load requirements. All street clocks, whether erected on exterior walls or on the sidewalk, shall comply with the requirements of § 244-12 of this chapter.
E. 
Limitation on permits, clocks on sidewalks. Any person erecting a street clock on any public sidewalk shall obtain the special written permission of the Common Council in addition to all other permits required hereunder.
F. 
Limitation of permits, general. No person shall be permitted to erect more than one street clock, as herein defined, for any place of business, at any one location.
G. 
Advertising permitted. Only the name of the owner, proprietor or manager of the place of business erecting and maintaining such clock shall be permitted as advertising matter on said clock.
H. 
Must keep accurate time. Such clock shall keep accurate time; and if this condition is not complied with, the clock shall be promptly removed.

§ 244-39.1 Signs in urban renewal and community development   areas.

[Added 12-21-1976 by Ord. No. 7-1976]
A. 
Notwithstanding any other provisions of this chapter, all signs within designated community development areas and within the boundaries of Urban Renewal Project No. 1, NYR-244, shall conform to the following standards:
(1) 
Signs may be affixed to each facade of the building or buildings, provided that the area of each sign shall not exceed one square foot per linear foot of the facade upon which it is located.
[Amended 2-15-1994 by L.L. No. 2-1994]
(2) 
One overhanging sign may be permitted related solely to each business conducted on the premises, provided that the area of each sign shall not exceed 12 square feet.
(3) 
Temporary signs may be installed for the purposes of advertising the prospective sale or lease of the premises, or, in the case of building construction on the site, for the identification of the prospective use of the premises, and for the identification of the building contractor or contractors, architect or architects. The area of such temporary signs shall not exceed 12 square feet in area, except such signs used for purposes of advertising sale or lease by the Hudson Urban Renewal Agency or its successors, the size of which shall be as determined by said Agency.
(4) 
Sources of light directed toward the illumination of all exterior signs shall be a steady, no-glare type, and such light shall be shielded in such a way that said source of light is not visible above a line three feet in elevation above any property line.
B. 
The following types of signs or artificial lighting are prohibited:
(1) 
Billboards.
(2) 
Signs projecting above the roofline.
(3) 
Moving, rotating or flashing signs, including any sign or device in which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(4) 
Beacons and flashing lights, except where such lighting devices are deemed necessary for the public safety and welfare by federal, state or City authorities.
(5) 
Signs or illumination which, by its nature or in its particular location, may compete for attention with or may be mistaken for a traffic signal.
(6) 
The outlining by direct illumination of all or any part of a building such as a gable, roof, side, wall or corner.
(7) 
Signs made of cardboard, paper, canvas or similar impermanent material.
C. 
All signs shall be integrated into the architectural design of the building on which they are placed and into the overall sign layout of the project in character and quality, to ensure consistent and harmonious design. The design and specifications of all signs must be approved by the Hudson Urban Renewal Agency or its successors, and the Agency shall assist in the designing of signs.

§ 244-39.2 Signs in the Local Waterfront Revitalization Area boundary.

[Added 11-30-2011 by L.L. No. 5-2011]
In addition to the provisions of this chapter, all signs within the waterfront boundary shall conform to the following standards:
A. 
The design of freestanding signs or wall signs should be consistent with and integrated into the architectural design of the associated building, taking into account the materials, colors, and layout of the sign with the architectural character of the associated building.
B. 
Letters on the sign should be carefully formed and generally not occupy more than 60% of the total sign area.
C. 
Signs should have dark background colors with light-colored letters to minimize the apparent size of the signs within the streetscape. The number of colors used in a sign should be limited to three unless used in an illustration.
D. 
Wall signs should not obscure or cover architectural features of the building facade.

§ 244-40 Time limit for removing nonconforming signs.

[Amended 2-15-1994 by L.L. No. 3-1994]
Every sign or other advertising structure lawfully in existence on the adoption of this chapter shall not be repaired, altered or moved unless it is made to comply with the provisions of this chapter, except that such nonconforming signs may be repaired or altered in place so long as the altered or repaired sign does not exceed the permitted sign requirement by more than 50% or the nonconforming nature of the repaired or altered sign is reduced by not less than 50%. The provisions of this section shall not exempt the owner of a nonconforming sign from the requirements of § 244-15 pertaining to liability insurance.

§ 244-41 Revocation of permits.

The Building Inspector is hereby authorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with any provision of this chapter.

§ 244-42 Appeals.

Any person aggrieved by any decision of the Building Inspector in conjunction with the enforcement or interpretation of this chapter may appeal to the Common Council by filing an appeal, in writing, with the City Clerk within 30 days, at which time the Common Council will provide the appellant with an opportunity to be heard. The Common Council will hear such appeal within 30 days of the filing thereof and shall decide such appeal within 60 days of said hearing. If no decision is made within such period, the appeal shall be considered denied.

§ 244-43 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable as follows: by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.