[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.]
This chapter shall hereafter be known and cited
as the "Sign Ordinance of the City of Hudson."
For the purpose of this chapter, the terms used
herein are defined as follows:
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.
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.
To build, construct, attach, hang, place, suspend or affix,
and shall also include the painting of wall signs.
The surface of the sign upon, against or through which the
message is displayed or illustrated on the sign.
Any sign which has characters, letters, figures, 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. and will not continue to burn or glow at that temperature.
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.
Any marquee, canopy, awning or street clock, as further defined
herein.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
The molding, battens, cappings, nailing strips, latticing
and platforms which are attached to the sign structure.
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.
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.
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.
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.
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.
[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:
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.
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.
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.
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.
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.
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.
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.
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 Board.
[Amended 9-20-2022 by L.L. No. 6-2022]
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.
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.
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.
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.
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.
[Amended 9-20-2022 by L.L. No. 6-2022]
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 Board.
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.
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.
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.
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.
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.
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.
[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.
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.
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.
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.
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.
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.
[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.
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.
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.
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.
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.
(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.
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.
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.
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.
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.
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.
[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.
[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.
[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.
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.
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.
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.
