Town/Village of Mount Kisco, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mount Kisco 11-17-2008 by L.L. No. 2-2008; amended in its entirety 9-8-2009 by L.L. No. 5-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 51.
Newsracks — See Ch. 76.
Zoning — See Ch. 110.
The purpose of this chapter is to establish regulations for the design, construction, installation, maintenance and replacement of the signs in the Village/Town of Mount Kisco in order to maintain and protect the attractive and harmonious visual image of the community; permit effective identification of businesses to encourage economic prosperity; protect the aesthetic environment from the unrestricted proliferation of signs and visual clutter; protect property values; and protect the public health, safety and welfare of the residents of the Village/Town of Mount Kisco.
Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the Zoning Law (Chapter 110 of the Code of the Village/Town of Mount Kisco) shall be given the meanings set forth in such local law. All other words and phrases shall be given their common, dictionary meaning, unless the context clearly requires otherwise.
ANIMATED OR MOVING SIGNS
A sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
ARCHITECTURAL DETAIL
Structural details that denote a quality of workmanship that is of an historical or aesthetic nature and an integral part of the structure.
ARCHITECTURAL REVIEW BOARD (ARB)
The Architectural Review Board of the Village/Town of Mount Kisco, as defined in Chapter 110, Article X, of the Code of the Village/Town of Mount Kisco.
AWNING
A shelter or covering made of fabric or similar pliable, nontranslucent material that is supported entirely by a structural frame attached to an exterior wall of a building, and which projects over a public right-of-way or any public way as defined in this chapter, for a maximum distance of five feet from the exterior wall. An awning may or may not be constructed so as to permit it to be retracted to a position flat against the building when not in use.
AWNING FACE
The primary front facing area of an awning where copy can be placed.
AWNING SIGN
Any form, graphic, illumination, symbol, or writing on an awning used to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
BANNER, FLAG or PENNANT
Any cloth, bunting, plastic, paper or similar nonrigid material used for advertising purposes attached to any structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of New York, and other state, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.
BEACON
Any light with one or more beams capable of being directed in any direction, or capable of being revolved automatically, and fixed or flashing high-intensity lights such as a spotlight or floodlight.
BILLBOARD
A permanent off-premises outdoor advertising sign erected, maintained or used for the purpose of commercial messages.
BOX SIGN
An internally illuminated or nonilluminated box with a translucent face or solid face with stencil cut open letters, numbers or symbols.
BUILDING ENTRANCE DIRECTORY SIGN
A permanently mounted exterior sign used to identify the name of a multitenant building center and its tenants.
CANOPY
A shelter or covering made of fabric or other similar pliable or rigid material that projects over a public right-of-way or any public way as defined in this chapter, for a distance of five feet or more, and that is carried by frames attached to a building and/or by frames supported by the ground or pavement.
CANOPY SIGN
Any form, graphic, illumination, symbol, or writing on a canopy used to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
CHANGEABLE COPY
Copy containing or displaying letters, numbers, or graphics, which is designed to be readily and periodically changed or rearranged.
CHANGEABLE COPY SIGN
A sign designed to allow changing of copy manually.
CHANNEL LETTERS
Three-dimensional individually cut letters or figures, illuminated or nonilluminated, affixed to a structure.
COMMERCIAL
A business, product, service, or other activity having to do with commerce.
COMPREHENSIVE SIGN PROGRAM
A signage program required of two or more businesses that share a common zoning lot or parcel. The program is a sign system to create visual harmony among the signs within the program area and compatibility with surrounding establishments and structures. It shall include specifications for all signs within the program area, including but not limited to the following: sign type, lettering or graphic style, size, shape, scale, colors, lighting, materials, installation, and position on site plan.
COPY
The words, graphics, and/or letters contained within a sign.
DECALS
Any lettering or logos attached to a window or door glass identifying the services provided within an establishment, such as the types of credit cards accepted, hours of operation, and similar information.
DIRECTIONAL SIGN
A sign limited to providing information on the location of exits, entrances, and parking lots on a property, normally located at points of ingress and egress. This shall also include way-finding signs as defined herein.
DIRECTORY SIGN
An exterior ground sign that is permanent and used to identify the name of a multitenanted building and its tenants.
ELECTRONIC READER BOARD SIGN or ELECTRONIC GRAPHICS SIGN
A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.
ERECT
To build, construct, attach, hang, place, suspend, or affix, which shall also include the painting of wall signs or other graphics.
ESTABLISHMENT
A place, activity, person, institution, organization, or business.
EXPOSED TUBING SIGN
Any sign comprised partially or entirely of exposed tubing, illuminated by neon, argon, or other means.
EXTERIOR SIGN
Any sign displayed outdoors or in any manner outside of a building.
EXTERNAL ILLUMINATION
A light from a source outside the sign and directed to shine on the sign.
EXTERNALLY ILLUMINATED SIGN
A sign that is illuminated by a light source outside the sign, which is directed to shine on the sign.
FACADE
The exterior surface of a building extending from the ground plane to the roofline, top of parapet, or cornice.
FREESTANDING SIGN
A sign supported by one or more uprights, posts, or bases permanently placed upon or affixed in the ground and not attached to any part of a building, structure or any other object.
GROUND SIGN
See "monument sign."
INTERNALLY ILLUMINATED SIGN
Any sign illuminated by a light source from within the sign or letter where the face of the sign or letter is constructed of a translucent material.
INTERNAL ILLUMINATION
A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface.
MARQUEE
Any hood or awning of a permanent construction, securely affixed to a building or any projection from the wall of a building.
MONUMENT SIGN
Any detached sign on the same lot or parcel as the use it identifies, which has its bottom portion attached to a proportionate base or plinth, integrated ground planter box, or structural frame.
NONCONFORMING SIGN
Any sign that does not conform to the requirements of this chapter.
OFF-SITE OR OFF-PREMISES SIGN
Any sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located. See also "billboard."
PENNANT
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PIN-MOUNTED LETTERS
Individual letters cut from a material and mounted on a board or building through the use of pins on the back of the letter.
POLE SIGN
A sign mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above finished grade (same as pylon sign).
PORTABLE SIGN
Any sign not permanently attached to the ground or other permanent structure, or a sign to be transported, including but not limited to, signs designed to be transported by means of a person or wheels; signs converted to A-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way.
POST-AND-ARM SIGN
A freestanding sign comprised of a vertical post to which a perpendicular arm is attached and from which the sign hangs.
PREMISES
Any lot, building, business, or other establishment or combination thereof held under single lease or ownership.
PROJECTING SIGN
A sign which is attached perpendicular to the facade of a wall or structure and projects more than six inches.
PUBLIC RIGHT-OF-WAY
The right-of-way of any area owned by the State of New York, the County of Westchester, or the Village/Town of Mount Kisco, which is used for a highway, street, road, parking area, sidewalk, or other public use.
PUBLIC WAY
A privately owned area made available for public use, such as a sidewalk on private property along a strip mall.
PYLON SIGN
See "pole sign."
REAL ESTATE SIGN
A temporary sign indicating the sale, rental, or lease of the premises on which the sign is placed.
ROOF SIGN
A sign that is mounted on the roof of a building or which is wholly dependent for support and which projects above the highest point of a building with a flat roof, the eave line of a building with gambrel, gable, or hip roof, or the deckline of a building with a mansard roof.
SETBACK
The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly from the property line.
SIGHT LINE
A line extending from the observer's eye to a viewed object or area.
SIGN
Any announcement, declaration, demonstration, billboard display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed where it may be viewed from the outside of any structure on the premises where placed.
SIGN ALTERATIONS
Any changes to the content, style, size, shape, scale, colors, lighting, materials, installation and position of an existing sign.
SIGN AREA
The entire surface area of a sign, of continuous shape enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Both faces of a double-faced sign shall be included as surface or area of such a sign. When any sign is framed or outlined, all of the area in the frame or outline shall be included in the sign area.
SIGNBOARD
A rigid background surface constructed of wood, metal, or synthetic material upon which letters and logos are painted or mounted. Signboards are included in the overall permissible area of a sign.
SIGN BOX
A rigid structure, generally enclosing a light source and/or electrical components, the face of which contains illuminated letters or serves as a background for mounting individual internally illuminated letters.
SIGN DISTRICTS
The six designated areas within the Village of Mount Kisco that are comprised of zoning districts as delineated in the Zoning Law[1] of the Village/Town of Mount Kisco and established in § 89-11 of this chapter.
SIGN HEIGHT
The vertical distance from the uppermost point used in measuring the sign area as herein defined to the average grade immediately below and adjoining the sign.
SIGN PERMIT
A permit issued by the Building Inspector of the Village/Town of Mount Kisco allowing the permittee to erect, construct, enlarge, paint, alter, relocate, reconstruct, display or maintain a sign.
SIGN STRUCTURE HEIGHT
The vertical distance from the uppermost point of the structure used to support the sign as measured to the average finished grade immediately below and adjoining the sign structure.
STENCIL-CUT SIGN
Open letters cut out of solid background to allow light to show through the letters, numbers or symbols.
STREET
A strip of land or way subject to vehicular traffic and pedestrian traffic that provides direct or indirect access to property, including, but not limited to alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.
STREET FRONTAGE
The distance, along which a lot line adjoins a public street or right-of-way, from one property lot line intersecting said street or right-of-way to the furthest distant property lot line intersecting the same street or right-of-way.
SUPPORTING FRAMEWORK
The supports, uprights, bracing and framework for the sign.
SYMBOL
A character, logo, letter, or other graphic design used for representation or identification.
TEMPORARY SIGN
An illuminated or a nonilluminated sign displayed for a limited period of time.
VALANCE
The vertical unangled on uncurved portion of an awning or canopy.
WALL SIGN
A sign painted on or attached to an outside wall of a building and in the same plane as the wall.
WINDOW SIGN
A sign posted, painted, placed or affixed in or on the interior or exterior surface of a window exposed to public view.
[1]
Editor's Note: See Ch. 110, Zoning.
After the effective date of this chapter and except as otherwise herein provided, it shall be unlawful and a violation of this chapter for any person or entity to erect, construct, alter, relocate, reconstruct, display or maintain or cause to be erected, constructed, displayed or maintained within the Village/Town of Mount Kisco any sign (contained in the definitions) until a sign permit, fully compliant with all regulations located herein, has been duly issued by the Building Inspector.
The following signs are exempt from any permit requirements under this chapter, provided such signs comply with the general requirements of this and other local laws, and no fee shall be required for such signs. Exempt signs cannot be affixed to a duly approved permitted sign.
A. 
Banners and emblems or name and meeting place signs of civic, philanthropic, educational or religious organizations or institutions not to exceed 15 square feet and limited to one per lot, provided they do not impede the free passage of the public.
B. 
Business name changes if all aspects of a sign, other than a name change, remain the same (i.e., color, font, letter height).
C. 
One electronic interior "Open" window signs (e.g., exposed tubing "neon" type signs, LED lights, etc.) per business establishment that does not exceed 220 square inches in size, does not move or flash, is turned off when the business is closed, and does not contain any product advertising.
D. 
Flags and insignia of any government.
E. 
Holiday signs in season, provided that no advertising of a commercial entity or nature is contained therein, and that such signs shall not be maintained for more than 45 days or, for other nationally recognized festive occasions, for more than 10 days.
F. 
Memorial plaques, cornerstones, historical tablets and the like denoting the name of a building and date of erection when cut into any masonry surface or when constructed of stone, concrete, bronze or other permanent type construction and made an integral part of the structure, and having an area of less than four square feet.
G. 
Signs of or required by duly constituted governmental bodies and their agencies, where such signs are established in the interest of safety, convenience or welfare of the general public; this shall include traffic signs, legal notices, danger and temporary emergency signs.
H. 
Signs required to be maintained or posted by law or governmental order, rule or regulation.
I. 
Signs that are not visible outside of the building.
J. 
Small, nonilluminated signs, not exceeding three square feet in area, displayed strictly for way-finding, safety or convenience of the public, such as but not limited to "no-trespassing signs," signs which identify restrooms and other similar facilities or conveniences, parking area entrances or exits and freight entrances, or for purposes of indicating the location or restricting the use of off-street parking areas when these are provided by the owner or occupant of the building.
K. 
Temporary, nonilluminated signs for tag, garage, yard, or barn sales, auctions, or other similar events, provided that such signs contain the address of the seller and date of the sale, are displayed only on the day of the sale and shall be removed within 24 hours of the termination of the sale. All such signs shall not exceed six square feet in area. These signs can be placed at the closest intersection(s) to the property but cannot be placed all over town. These signs shall not be located as to create a safety hazard.
L. 
Temporary signage promoting fund-raising events conducted by civic groups and organizations to be held in Mount Kisco shall be placed at intersections designated by the Village Board for no longer than 21 days prior to the event and to be removed immediately following the event.
M. 
Temporary political signs promoting the election of individuals to public office, provided they shall be displayed no earlier than 90 days prior to the election and removed within five days following the election. Such signs shall not be embellished by balloons, streamers or other distractive adornments, shall be easily removable and shall be placed so as to not create a hazard.
N. 
Temporary nonilluminated, interior or exterior window signs, which occupy no more than 25% of each window.
O. 
Temporary construction signs denoting the architect, engineer or contractor, limited to one nonilluminated sign per premises relating to the project, and not to exceed 16 square feet in area identifying the parties involved in the design, financing and/or provision of labor and materials associated with the construction on the premises where the sign is located. All such signs shall not be placed within the zoning buffer of a parcel and shall not exceed eight feet in height above ground level. Such signs shall be removed prior to the issuance of a certificate of occupancy or the completion of work whichever is later.
P. 
Temporary, nonilluminated residential real estate signs, which advertise the sale, rental, or lease of the premises upon which such signs are located only for a period not to exceed 180 days. All such signs shall not exceed one per lot and shall not exceed three square feet in sign area. All such signs shall be removed immediately upon sale or lease of the premises.
Q. 
Temporary, nonilluminated real estate signs for commercial properties' long-term rent/lease of the premises upon which such signs are located for a period not to exceed 90 days. All such signs shall not exceed one per premises and shall not exceed eight square feet in sign area. Signs displayed for more than 90 days would require a permit not to exceed an additional 90 days within a twelve-month period.
All signs not specifically permitted in Table 1[1] or exempted by § 89-4 are prohibited. Any sign deemed to be prohibited by the enactment of this chapter shall be removed or corrected within 60 days, unless otherwise expressly provided herein. Prohibited signs include, but are not limited to:
A. 
Animated signs: signs with flashing, blinking, or movable lights, or intermittent, changing intensity, or other forms of animated illumination, including but not limited to electronic reader board signs.
B. 
Beacons.
C. 
Billboards.
D. 
Electronic interior window signs (i.e., exposed tubing "neon" type signs, LED lights, etc.), except as otherwise permitted under the exempt signs provision of § 89-4.
E. 
Off-premises signs, including but not limited to billboards, other than as permitted under the exempt signs provision of § 89-4.
F. 
Portable signs, except as otherwise permitted by the Village Code.
G. 
Pole signs that are not otherwise permitted by the Village Code in § 89-9. Any pole signs existing as of the date of this amendment, which are made noncompliant by the terms of this chapter, shall be deemed to be nonconforming and subject to the provisions of § 89-16 et seq.
H. 
Roof signs and signs attached to a building, which project above the top of the wall of the building.
I. 
Second-floor exterior signage.
J. 
Signs attached to fences, trees, utility poles, rocks, or other parts of a natural landscape.
K. 
Signs that contain or consist of banners, pennants, ribbons, balloons, streamers, or similar moving, fluttering, or revolving devices, excluding flags as defined under § 89-4D.
L. 
Signs and obstructions which may extend into the public right-of-way; endanger traffic or pedestrians; be confused with or obstruct the view of any authorized traffic sign or signal; obstruct the sight lines at any street intersection or driveway; or obstruct any door window, ventilation system, fire escape, or exit of any building; or cause any other hazard to the public health or safety.
M. 
Signs with iridescent or phosphorescent finish.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
A. 
All signs of a temporary nature must receive permits before being displayed, except those specified under the exempt signs section of this chapter. Temporary signs by permit include, but are not limited to:
(1) 
Business name changes: exterior temporary sign due to sudden business name changes while awaiting formal Architectural Review Board approval on an active application to be removed within 45 days of Architectural Review Board approval of said active application. In the event there is an application pending for a permanent sign, said period may be extended for up to an additional 30 days.
(2) 
Nonilluminated real estate signs for commercial properties' long-term sale/lease displayed for more than 90 days would require a permit not to exceed an additional 90 days within a twelve-month period. All such signs shall not exceed one per premises and shall not exceed eight square feet. Temporary sign permits for real estate signs for the sale of vacant land shall be issued on an annual basis.
(3) 
Temporary construction signs denoting the architect, engineer or contractor, limited to one nonilluminated sign per premises relating to the project and exceeding 16 square feet in area. All such signs shall not be placed within the zoning buffer of a parcel and shall not exceed eight feet in height above ground level. Such signs shall be removed prior to the issuance of a certificate of occupancy or the completion of work, whichever is later.
B. 
Temporary signs may be erected and maintained in accordance with the following provisions:
(1) 
Sign specifications. Temporary signs by permit shall not exceed the type, size, placement and other limitations applicable for permanent signs in each sign district. Temporary signs shall not be illuminated unless otherwise approved.
(2) 
Permit procedures. Applicants for a temporary sign permit must complete all pertinent sections of the "Application for a Sign Permit" form as is adopted by the Building Department. Completed applications shall be submitted to the Building Inspector. The Building Inspector shall issue a temporary sign permit provided that all requirements of this chapter have been met.
A. 
Design. The design of the sign shall be harmonious with the architectural character of the building on which it is placed, the neighborhood and the general character of the Village. Signs should be a subordinate part of the streetscape and create a sense of visual continuity with surroundings. Signs should not detract from or cover significant architectural features of a building.
B. 
Colors. Signs shall contain a maximum of five colors. Black and white are each considered separate colors. Letters shall be limited to a single color. Where utilized, signboards and boxes shall be of a single color consistent in tone and hue with the facade upon which they are mounted.
C. 
Illumination. When permitted, illumination shall be from light sources which do not glare upon a public street, highway, sidewalk, or adjoining property and shall conform to the Village's lighting standards. No unshielded light sources (e.g., bulb) shall be visible from view anywhere in the public right-of-way or from adjacent premises.
D. 
Paint. No iridescent or phosphorescent paints shall be permitted for any sign.
E. 
Supporting framework. The supporting framework of all projecting or freestanding signs shall be in proper proportion to the size of such sign.
All awnings and canopies are considered structures. All awnings and canopies with signs as herein defined shall require a sign permit and a building permit before being installed. All awnings and canopies without signs shall require a building permit before being installed. In addition to the Village sign district regulations set forth in § 89-11, all awnings and canopies must comply with the following regulations:
A. 
All awnings and canopies, whether fixed or movable, shall be securely attached to and supported by a building wall.
B. 
No part of the awning or canopy or its supporting frame shall, at any time, be less than seven feet above the sidewalk over which it is erected.
C. 
No awning shall be erected to extend more than five feet from the exterior wall, and no awning shall be closer than two feet to the curbline.
D. 
Awnings must be made of opaque, nontranslucent fabric with a matte finish or an approved equivalent material.
E. 
Signage on awnings and canopies is duly permitted as a principal business sign in lieu of a wall sign.
F. 
No awning or canopy sign shall have a wall sign above it or adjacent to it.
G. 
The awning/canopy sign area (text/graphic area) shall be limited to 30% of the face and 75% of the valance of the awning.
H. 
Awning/canopy signage shall be limited to the face and/or valance of the awning and signage shall be prohibited on the sides or return of the awning/canopy.
I. 
Lettering, numerals, and symbols on awning/canopy signs shall be limited to the name and/or nature of the business or entity, and the building number of the establishment located on the premises.
J. 
Any illumination from the underside or interior of an awning or canopy shall be limited to down lighting. Pedestrian safety lighting shall be provided as necessary.
K. 
In accordance with the general design criteria set forth in § 89-7, the color utilized for any awning or canopy fabric shall be consistent and harmonious with the character of the building on which it is placed, the neighborhood and the general character of the Village, as well as any signage proposed to be incorporated into such awning.
A. 
No signs may be permitted on any marquee, other than signs built into and forming a part of the structure of the marquee, and such signs shall not exceed a height of three feet.
B. 
No signs may be suspended from or attached to a marquee.
A. 
A comprehensive signage program ("program") is required of two or more businesses that share a common zoning lot or parcel. This includes directional/directory and identification signage. The program is a sign system to create visual harmony among the signs within the program area and compatibility with surrounding establishments and structures. It shall include specifications for all signs within the program area, including but not limited to the following: sign type, lettering or graphic style, size, shape, scale, colors, lighting, materials, installation, and position on site plan. The complete sign program, including actual material and samples, must be presented and shall be subject to ARB approval.
B. 
Before any individual sign applications are accepted for a building subject to the comprehensive sign program, a comprehensive sign program shall be proposed by the landlord/property owner, and shall be subject to review and approval in accordance with the standards set forth herein by the Architectural Review Board and Building Inspector. Any approved comprehensive signage program shall remain on file with the Building Inspector.
C. 
Once a comprehensive signage program has been approved, individual sign permit applications will be reviewed by the Building Inspector in consultation with the ARB Chairman to determine if an appearance before the ARB is required.
D. 
Signs in the plan area that exist prior to the effective date of this chapter, shall be deemed nonconforming signs and are exempted from the requirements of the program for a period of time outlined in § 89-16, after which time these signs shall conform to the program or be removed.
It is recognized that, in addition to conventional business signage, automotive fuel stations require additional federal, state and local government and safety signage. The following regulations regarding automotive fuel stations shall also apply:
A. 
No person shall sell or offer for sale at retail for use in internal combustion engines in motor vehicles any fuel, unless such seller shall post and keep continuously posted on each individual pump or other dispensing device from which such fuel is sold or offered for sale a sign no larger than 12 inches by 12 inches, stating clearly and legibly in numbers of uniform size the selling price, in all digits, including governmental taxes, per gallon, of such fuel so sold or offered for sale from such pump or other dispensing device.
B. 
(Reserved)
C. 
No person shall sell or offer for sale at retail for use in internal combustion engines in motor vehicles any fuel, unless such seller shall post and keep continuously posted on the individual pump or other dispensing device from which such fuel is sold or offered for sale a sign or signs posted on such pump or other dispensing device which clearly and legibly states the name, trade name, brand, mark or symbol and grade or quality classification of any such fuel.
D. 
No sign or placard stating the price or prices of fuel, other than such signs or placards as hereinabove provided, shall be posted or maintained on the premises on which such fuel is sold or offered for sale.
E. 
No sign or placard stating the price or prices of fuel shall be posted or maintained on any premises other than premises where fuel is sold or offered for sale.
F. 
No person shall sell or offer for sale fuel at retail in any way so as to deceive or tend to deceive the purchaser as to the price, nature, quality or identity thereof or sell or offer for sale from any pump or dispensing device any fuel, other than that fuel manufactured or distributed by the manufacturer or distributor marketing such fuel under the name, trade name, brand, symbol or mark affixed to or contained on such pump or other dispensing device or substitute, mix or adulterated fuel sold or offered for sale under a name, trade name, brand, symbol or mark.
G. 
It shall be unlawful for any person to post signs offering for sale or to sell or offer for sale any product sold at or service offered at a fuel station in such a manner as to deceive or tend to deceive the prospective purchaser or purchasers as to the price, nature, quality or identity thereof.
H. 
Freestanding/Monument sign.
(1) 
A maximum of one freestanding/monument sign is permitted.
(2) 
The maximum face area of a freestanding/monument sign, including the sign frame, shall not exceed 30 square feet, inclusive of any fuel service station price sign. Such sign shall not be separated from the gasoline price sign, but shall appear as a single integrated sign.
(3) 
A freestanding/monument sign shall not exceed a height of 15 feet measured to the topmost portion of the sign.
(4) 
A pole sign shall be required when, in the determination of the Building Inspector, it is necessary to provide traffic safety.
I. 
Fuel service station canopy signs.
(1) 
A fuel service station with a canopy shall be permitted two canopy signs in total.
(2) 
A canopy sign shall not exceed 16 square feet in area.
(3) 
The canopy sign shall be a flat sign permanently affixed to the vertical face of the canopy and shall not project above or below, or from any side of the vertical face of the canopy. A business logo shall be considered part of a canopy sign.
(4) 
The canopy sign may be illuminated by internal and nonintermittent light sources.
(5) 
Striping is permitted, may not be illuminated and is not calculated as part of the allowable sign area.
J. 
Pump signs.
(1) 
Signs shall be allowed on fuel pumps so as to provide the required information to the public regarding octane rating, price, type of fuel, federal and state stamps, pump use directions, "no smoking" and other general safety signs.
(2) 
The trade name and any associated symbols shall be permitted on the side of the pumps as flat signs located no more than three feet above the ground and not to exceed one square foot in sign area per pump.
(3) 
"Self-service," "full-service" or other information signs may identify each pump island on the gasoline service station property. The location of such signs shall be limited to the fuel pump or the canopy support located at each end of the pump island or between the canopy supports as a spandrel panel. A maximum of two such signs shall be allowed per pump island and each sign shall not exceed two square feet in sign area when placed on the fuel pump or when located at each end of the pump island or between the canopy supports as a spandrel panel.
K. 
Business identification signs.
(1) 
One wall-mounted business identification sign, with the copy limited to the company name and/or corporate logo, is permitted on a fuel service station.
(2) 
The sign area of the wall-mounted business identification sign shall be 10% of the building store frontage, up to a maximum of 32 square feet.
A. 
General provisions.
(1) 
The Village/Town of Mount Kisco shall be divided into six sign districts. The sign regulation districts shall be applicable to zoning districts as established in the Village/Town of Mount Kisco Zoning Law.[1] Each sign district has its own set of design standards and regulations, which are intended to be compatible with the uses, architecture, aesthetic environment, level of business activity, and the extent of vehicular and pedestrian traffic in each district. These sign districts include:
(a) 
Village District: includes Zoning Districts CB-1, CB-2, CN, OC (on West Main Street), and OD.
(b) 
Commercial District No. 1: includes Zoning Districts CL (on Lexington Avenue), SC, GR, R, and OG.
(c) 
Commercial District No. 2: includes Zoning Districts CL (on North Bedford Road) and ML.
(d) 
Commercial District No. 3: includes Zoning Districts GC (on Kisco Avenue), RD, and H.
(e) 
Cottage Office District: includes Zoning District OC (on Smith Avenue).
(f) 
Residential Districts: includes Zoning Districts PD, CD, RS-12, RS-9, RS-6, RT-6, RM-5, RM-12, RM-29 and PRD.
[1]
Editor's Note: See Ch. 110, Zoning.
(2) 
Each business establishment shall be limited to one principal sign of any type permitted within such district at the primary public entrance. In the event that a business has a secondary public entrance on a separate street frontage or parking lot, an additional sign may be permitted at the secondary public entrance. In no event shall the size of the additional sign exceed the size of the principal sign. In the case of a building with more than one business establishment, no additional (secondary) signs are permitted on any portion of the building that is not occupied by that business establishment. In no event will there be more than two signs on any building for any establishment.
(3) 
Regulations for specific sign districts regarding maximum signboard height, maximum signboard width, maximum sign structure height, maximum letter height, maximum sign area, and illumination permitted are set forth at the end of this chapter in Table 1, Permitted Sign Specifications.
(4) 
The types of signs permitted and the regulation of the number, placement, and use of signs is hereby established. No sign shall be erected unless it conforms with the specifications for signs in that sign district, nor shall any sign be used for any purpose or in any manner except as permitted by the regulations for the district in which such sign is to be located or maintained.
(5) 
Except as otherwise expressly provided within this chapter, all signs shall be appurtenant to a permitted use of the property on which such sign is displayed.
(6) 
Lettering for all occupant names in an exterior building entrance directory and freestanding directory signs shall be of the same style, typeface, size and color.
(7) 
All ground signs and all of their elements are to be entirely located within the metes and bounds of the property which they serve.
B. 
Signs allowed in all sign districts. In addition to signage permitted by other provisions of this chapter, the following types, numbers, and sizes of permanent signs shall be allowed by permit in any sign district:
(1) 
Directional signage may be allowed, subject to the following conditions:
(a) 
Shall not exceed an area of six square feet per sign, and shall not be more than three feet high.
(b) 
Text shall be limited to generic text providing directional information such as "entrance" or "exit," arrows, or distance.
(c) 
Shall be permanently affixed to a building or the ground.
(d) 
Any illuminated signs shall be subject to review.
(2) 
Signs necessary for the identification, operation, or production of a public utility shall be in conformity with the specifications of the sign district in which they are located.
C. 
Village District: Zoning Districts CB-1, CB-2, CN, OC (on West Main Street) and OD.
(1) 
Aesthetic goal.
(a) 
The intent of sign regulations in the Village District is to embrace the pedestrian nature of this district and to encourage signage compatible with the scale and architectural style of the building and to preserve and enhance the historic and architectural character of the site and surrounding area. Creative approaches to signage are encouraged (e.g., through the use of hand-carved or sand-blasted signs; painted quarter-board signs; and/or three-dimensional objects.
(b) 
External illumination shall be encouraged. If internally lit, illumination shall be limited to letters, numbers and symbols only.
(2) 
Sign specifications.
(a) 
In addition to signage allowed by other provisions of this chapter, the following types of permanent signs are permitted in the Village District:
Type of Sign
Wall, signboard
Wall, individual letters
Projecting*
Awning/Canopy signs
Freestanding/Monument signs
Note:
* Projecting signs are only permitted as an additional means of identifying the entrance of an establishment located in the Village Sign District without street frontage. Internal illumination of projecting signs is prohibited.
(b) 
The size regulations of permanent signs allowed by permit in the Village District are set forth in Table 1.[2]
[2]
Editor's Note: Table 1 is included at the end of this chapter.
(c) 
Regulations for awning/canopy signs set forth in § 89-8 above shall apply.
(d) 
For establishments that share a zoning lot or parcel, the comprehensive sign program provision set forth in § 89-9 above shall apply.
D. 
Commercial District No. 1: Zoning Districts CL (on Lexington Avenue), SC, GR, R and OG.
(1) 
Aesthetic goal.
(a) 
The intent of this district's signage goals is to recognize the destination nature of the various businesses and the scale and proximity of the district's buildings to the public streets and sidewalks.
(b) 
External illumination is encouraged. If internally lit, illumination shall be limited to letters, numbers and symbols only.
(2) 
Sign specifications:
(a) 
In addition to signage allowed by other provisions of this chapter, the following types of permanent signs are permitted in the Commercial District No. 1:
Type of Sign
Wall, sign box
Wall, signboard
Wall, individual letters
Awning/Canopy signs
Freestanding/Monument signs
(b) 
The size regulations of permanent signs allowed by permit in the Commercial District No. 1 are set forth in Table 1.[3]
[3]
Editor's Note: Table 1 is included at the end of this chapter.
(c) 
Wall sign boxes must have a frame; the face of the box must be matte and opaque. The sign must be backlit with stencil-cut letters, numbers and symbols only. If a wall box sign is removed and replaced with other signage, the exposed portion of the of the building shall be restored to an "as-new" condition.
(d) 
A box sign shall not have its interior elements exposed when a tenant has vacated and its sign removed. The landlord/property owner is responsible to place an opaque faceplate must be placed in the sign box until new signage is approved.
(e) 
Regulations for awning/canopy signs set forth in § 89-8 above shall apply.
(f) 
For establishments that share a zoning lot or parcel, the comprehensive sign program provision set forth in § 89-9 above shall apply.
E. 
Commercial District No. 2: Zoning Districts CL on North Bedford Road and ML.
(1) 
Aesthetic goal. The intent of this district is to balance the signage needs for the larger-scale uses therein with respect to their distances from the public streets and sidewalks.
(2) 
Sign specifications.
(a) 
In addition to signage allowed by other provisions of this chapter, the following types of permanent signs are permitted in the Commercial District No. 2:
Type of Sign
Wall, sign box
Wall, signboard
Wall, individual letters
Freestanding/Monument signs
(b) 
The size regulations for permanent signs allowed by permit in the Commercial District No. 2 are set forth in Table 1.[4]
[4]
Editor's Note: Table 1 is included at the end of this chapter.
(c) 
Wall sign boxes must have a frame; the face of the box must be matte and opaque. The sign must be backlit with stencil-cut letters, numbers and symbols only. If a wall box sign is removed and replaced with other signage, the exposed portion of the of the building shall be restored to an "as-new" condition.
(d) 
A box sign shall not have its interior elements exposed when a tenant has vacated and its sign has been removed. The landlord/property owner is responsible for placing an opaque faceplate must be placed in the sign box until new signage is approved.
(e) 
Regulations for awning/canopy signs set forth in § 89-8 above shall apply.
(f) 
For establishments that share a zoning lot or parcel, the comprehensive sign program provision set forth in § 89-9 above shall apply.
F. 
Commercial District No. 3: Zoning Districts GC on Kisco Avenue, RD, and H.
(1) 
Aesthetic goal.
(a) 
The intent of this district is to bridge the varying signage needs of these intermediate-sized yet diverse uses.
(b) 
External illumination is encouraged. If internally lit, illumination shall be limited to letters only. No illuminated sign may be erected within 50 feet of a residential district.
(2) 
Sign specifications.
(a) 
In addition to signage allowed by other provisions of this chapter, the following types of permanent signs are permitted in the Commercial District No. 3:
Type of Sign
Wall, sign box
Wall, signboard
Wall, individual letters
Awning/Canopy signs
Freestanding/Monument signs
(b) 
The size regulations of permanent signs allowed by permit in the Commercial District No. 3 are set forth in Table 1.[5]
[5]
Editor's Note: Table 1 is included at the end of this chapter.
(c) 
Wall sign boxes must have a frame; the face of the box must be matte and opaque. The sign must be backlit with stencil-cut letters, numbers and symbols only. If a wall box sign is removed and replaced with other signage, the exposed portion of the of the building shall be restored to an "as-new" condition.
(d) 
A box sign shall not have its interior elements exposed when a tenant has vacated and its sign removed. The landlord/property owner is responsible to place an opaque faceplate must be placed in the sign box until new signage is approved.
(e) 
Regulations for awning/canopy signs set forth in § 89-8 above shall apply.
(f) 
For establishments that share a zoning lot or parcel, the comprehensive sign program provision set forth in § 89-9 above shall apply.
G. 
Cottage Office District: Zoning District OC on Smith Avenue.
(1) 
Aesthetic goal.
(a) 
The intent of the Cottage Office District is to encourage the preservation of the special character of the district, which is Victorian residential scale and design of the former residences, the tree-lined atmosphere and countrified landscaping. All need to be perpetuated in scale and preservation of signage.
(b) 
Due to the unique character and utilization of buildings in this district, appropriate way-finding signage shall be proposed to direct the public from the parking area to the appropriate points of entry of the occupants of the building. Proposed ground signs shall be destination oriented and not intended for occupant inventories. One ground sign shall be permitted at the street of any zoning lot or parcel.
(c) 
Illumination of signs in the Cottage Office District shall be limited to external sources, and shall be designed so as not to provide glare or in any way interfere with neighboring structures or residences. Where practical, nonilluminated signs are encouraged.
(2) 
Sign specifications.
(a) 
In addition to signage allowed by other provisions of this chapter, the following types of permanent signs are permitted in the Cottage Office District:
Type of Sign
Freestanding/Monument signs
(b) 
The size regulations of permanent signs allowed by permit in the Cottage Office District are set forth in Table 1.[6]
[6]
Editor's Note: Table 1 is included at the end of this chapter.
(c) 
For establishments that share a zoning lot or parcel, the comprehensive sign program provision set forth in § 89-9 above shall apply.
H. 
Residential District: Zoning Districts PD, CD, RS-12, RS-9, RS-6, RT-6, RM-5, RM-12, RM-29 and PRD.
(1) 
Aesthetic goal.
(a) 
Unless otherwise specifically provided in this chapter, the following restrictions shall apply to these districts.
(b) 
Signs for legal conforming and nonconforming home occupation shall be limited to a single nonilluminated sign not to exceed 180 square inches in size.
(c) 
Illumination of signs in residential districts shall be discouraged. Any lighting used shall be limited to external sources, and shall be designed so as not to provide glare or in any way interfere with neighboring structures or residents.
(d) 
Residential subdivision, apartment, or condominium identification signs shall designate the subdivision or multitenant residential structure(s) by name or symbol only. There may be no more than one such sign with a maximum total area of 10 square feet in area at each street entrance to the residential complex.
(2) 
Sign specifications.
(a) 
In addition to signage allowed by other provisions of this chapter, the following types of permanent signs are permitted in Residential Districts:
Type of Sign
Awning/Canopy signs
Freestanding/Monument signs
(b) 
The size regulations of permanent signs allowed by permit in the Residential Districts are set forth in Table 1.[7]
[7]
Editor's Note: Table 1 is included at the end of this chapter.
(c) 
Regulations for awning/canopy signs set forth in § 89-8 above shall apply.
A. 
No signs shall be allowed in the public right-of-way, except the following:
(1) 
Permanent signs.
(a) 
Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.
(b) 
Bus stop signs erected by a public transit company.
(c) 
Informational signs of a public utility regarding its poles, lines, pipes or facilities.
(d) 
Awnings or canopies, projecting and suspended signs projecting over a public right-of-way in conformity with the conditions of Table 1 of this chapter[1] and insurance requirements of the Village/Town of Mount Kisco.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(2) 
Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.
B. 
Other signs forfeited. Any signs installed or placed on public property, except in conformance with the requirements of this chapter, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the Village shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such signs.
A. 
All permanent signs installed after the effective date of this chapter shall be photographically recorded by the Building Inspector.
B. 
All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (U.L. 48) of Underwriters Laboratories, Inc. and bear the seal of Underwriters Laboratories, Inc.; or if such sign does not bear the Underwriters Laboratories label, the sign shall be inspected and certified by a municipally recognized electrical inspection firm. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.
C. 
All signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area. Positive and negative pressures must be considered.
D. 
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.
E. 
All signs, sign finishes, supports and electric work shall be maintained in original condition and shall be kept clean, neatly painted, and free from all hazards, such as, but not limited to faulty wiring, and loose supports, braces, guys, and anchors.
F. 
Materials used for sign construction shall meet safety criteria, including but not limited to flammability and shatter resistance.
G. 
All signs shall be painted and/or fabricated in accordance with the highest quality standards.
H. 
All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times.
I. 
When an existing sign is removed from a building or other structure, the exposed portions of the building or structure shall be restored to an "as-new" condition prior to any other sign, including a temporary sign, being erected.
J. 
Where it is permitted as a type of sign within a district, a box sign shall not have its interior elements exposed when a tenant has vacated and its sign has been removed. The landlord/property owner is responsible for placing an opaque faceplate in the sign box until new signage is approved.
A. 
Application procedures. Any person desiring to procure a permit for a permanent sign shall file a written application with the Building Inspector. The Building Inspector shall review the application for completeness and compliance with the Sign Law. All sections of the application for a sign permit form shall be completed in full before the application may be considered complete. Applications shall include construction and mounting details, material specifications, and illumination levels. Building canopy and/or freestanding elements shall be stamped and certified by a NYS-licensed architect or engineer when the cost is $20,000 or more or in the event that the Building Inspector determines it necessary to secure the interest of public safety.
B. 
Review procedures.
(1) 
Applications which are determined by the Building Inspector to be complete and fully compliant with the Sign Law shall be forwarded to the Architectural Review Board for aesthetic review and approval. Applications which are determined by the Building Inspector not to be complete and fully compliant with the Sign Law shall be denied.
(2) 
Applications referred to the ARB will be reviewed with respect to the requirements and intent of the Sign Law, as set forth in § 89-1 et seq.; to balance the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs; to maintain and enhance the aesthetic environment and facilitate the creation of an attractive and harmonious community; promote economic development, the nature of an applicant's business and location, suitability and appropriateness relative to location; aesthetic quality, and architectural elements of the building. The ARB may approve, deny, or grant conditional approval upon review of an application.
(3) 
Referral of appeals. Applications which are denied by either the Building Inspector or the ARB for reasons other than incompleteness may be appealed to the Zoning Board of Appeals as more fully set forth in § 89-15. In the event of such an appeal, an applicant may request that a complete copy of the appeal package be referred to the ARB for its report and recommendation. Unless scheduling conflicts arise or an extension of time is expressly requested, the ARB shall submit its report and recommendations to the Zoning Board of Appeals not more than 30 days after the submission of the application for a variance or interpretation. Reasonable accommodation and planning shall be made to facilitate input from the ARB.
C. 
Issuance of permit.
(1) 
Sign permit. A sign permit cannot be issued until all requirements of this chapter (including ARB approval) have been complied with and the structural features of the sign have been approved by the Building Inspector.
(2) 
Existing nonconforming signs, permits, and terms:
(a) 
A sign that would require a sign permit under this chapter that was in existence prior to the effective date of this chapter, and that was constructed in accordance with other applicable laws in effect on the date of its construction, which by reason of its size, height, location, design, or construction is not in conformance with the requirements of this chapter shall be issued a nonconforming sign permit if an application is made in accordance with this chapter.
(b) 
Such permit shall allow the sign(s), made nonconforming by the adoption of this chapter, to remain in place and be maintained for a period ending no later than eight years beyond the effective date of this chapter as set forth in § 89-16. Any nonconforming sign shall either be eliminated or made to conform to the requirements of this chapter on or before the expiration of this eight-year period, and such lapse of time shall be deemed sufficient to amortize the cost thereof. An existing nonconforming sign shall not be enlarged or replaced by another nonconforming sign. Any proposed change, repair, or maintenance on a nonconforming sign shall not cost more than 25% of the original value, or replacement value of the sign, whichever is less.
(3) 
Installation. Installation of approved signs shall occur within 120 days of the issuance of a sign permit. If the sign installation is not complete at the time of final inspection, the permit shall expire and become null and void. Upon completion of installation, the Building Inspector shall photographically record the sign.
(4) 
Application fees. Each sign requiring a sign permit under this chapter shall pay the fees in accordance with the Fee Schedule on file with the Building Inspector. These fees shall include a fee for sign review and approval and for a sign permit.
(5) 
Expiration of sign permit.
(a) 
A sign permit shall expire upon termination of business.
(b) 
A sign for which a permit has expired must be removed from its premises. If the sign is not removed within 30 days from the date of a written notice, the Building Inspector will issue a notice of violation. The property owner of a property where a violation exists 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 until the violation is corrected.
(c) 
A nonconforming sign permit shall expire and become void under the same circumstances as those under which any other sign permit may expire in addition to the amortization schedule set forth in § 89-16.
(6) 
Signs existing on effective date of this chapter.
(a) 
For all signs existing in the Village prior to the effective date of this chapter, notification will be made to the property owner by the Building Inspector to be considered for either a conforming sign permit or a nonconforming sign permit. Sign applications received after the above date shall be subject to all of the terms and conditions of this chapter.
(b) 
Sign permit applications to replace any existing signs rendered nonconforming by the amendment of this chapter shall be exempt from the initial fees adopted under authority of this chapter but not from any subsequent sign permit fees.
A. 
Procedures. Any person aggrieved by the granting or denial of an application for a sign permit by the Building Inspector or ARB may make an appeal to the Zoning Board of Appeals. All requests must be filed with the Zoning Board of Appeals within 30 days of the decision of the Building Inspector or ARB. The procedures set forth herein shall be in addition to the procedures for referrals and recommendation procedures set forth in § 89-14B.
(1) 
Standard of review. In acting on any appeal, the Board of Appeals shall possess the same discretionary authority that it possesses for zoning appeals, and shall, after proceeding in the same manner provided for zoning appeals and with the same power and authority, reverse, affirm or modify and affirm the actions of the ARB or Building Inspector. On appeal from such decision or determination from the ARB or Building Inspector, the Board of Appeals shall have the discretionary power to grant variances in accordance with Village Law § 7-712-b, so that substantial justice may be done and the public interest secured.
(2) 
Consultation with other boards. The Board of Appeals may, in its discretion, solicit the advice and consultation of the ARB, Planning Board, or any other involved or interested board, official or employee in considering and acting upon any appeal hereunder.
B. 
Conditions. In approving variances, the Zoning Board of Appeals may require such conditions as will, in its judgment, secure substantially the purposes described in § 89-1.
C. 
Fees. All applications submitted for appeal shall be required to pay an equivalent application fee to a residential Zoning Board of Appeals application.
A. 
All nonconforming signs, awnings and canopies with a replacement cost of less than $250 shall be removed or made to conform within two years of the effective date of this chapter.
B. 
Unless an earlier removal is required by Subsection C below, all other nonconforming signs, awnings and canopies may be maintained for the periods set forth in the following amortization table, beginning on the receipt of notification from the Building Inspector as described in § 89-14.
Sign, Awning or Canopy Replacement Cost
Permitted Years from Effective Date
$250 to $1,500
3
$1,501 to $3,500
4
$3,501 to $10,000
6
More than $10,000
8
C. 
In the event of any disagreement between the sign, awning and canopy owner and the Building Inspector as to the cost of the sign, awning and canopy, the Building Inspector's determination of such cost shall be binding.
Subject to the limitations imposed by § 89-16, a nonconforming sign, awning and canopy may be continued and shall be maintained in good condition as required by this article, but it shall not be:
A. 
Structurally changed to another nonconforming sign, awning and canopy.
B. 
Structurally altered to prolong life of the sign, awning and canopy, except to meet safety requirements.
C. 
Altered in any manner that increases the degree of nonconformity.
D. 
Reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50% of the estimated replacement cost as determined by the Building Inspector.
E. 
Continued in use when a conforming sign, awning or canopy or sign, awning and canopy structure shall be erected on the same parcel or unit.
F. 
Continued in use when the structure housing the occupancy is demolished or requires renovations the cost of which exceeds 50% of the assessed value of the structure.
G. 
Continued in use after the structure containing the occupancy has been vacant for six months or longer.
Notwithstanding any provision of this chapter, the Village Manager, in his/her sole discretion, may grant an extension from the terms of § 89-16 for up to one additional year where he/she finds such additional period of time is necessary in order to avoid substantial financial hardship not caused by the petitioner and such extension is not contrary to the public interest. Extensions may be granted where warranted, but may only be granted for a maximum of two one-year periods.
Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided for herein by the Code of the Village/Town of Mount Kisco and by the state law, when applicable:
A. 
To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located.
B. 
To install, create, erect, or maintain any sign requiring a permit without such a permit.
C. 
To fail to remove any sign that is installed, created, erected, or maintained in violation of this chapter or for which a sign permit has lapsed.
D. 
Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter.
A. 
Any person committing an offense against any provision of this chapter or violating any provision or requirement of any statement, site plan, application, permit or certificate approved under the provisions of this chapter shall be punishable as provided in § 1-17B of this Code.
B. 
In addition to the permittee, the record owner of the premises shall also be responsible for compliance with all of the requirements of this chapter, and it is no defense that the culpable action or failure to act may have been done by others. The foregoing notwithstanding, any person who commits or takes part or assists in a violation or who maintains any building or premises in which any such violation exists shall be guilty of a violation.
C. 
Written notice of any alleged violation of this chapter shall be given by mail or personal service to the permittee and record owner of the premises at least five days prior to the commencement of any proceeding to enforce any provision of this chapter. Written notice shall not be required where in the judgment of the Building Inspector, the alleged violation constitutes a threat to life, health or safety.
D. 
If in the opinion of the Building Inspector a sign is considered to be a safety hazard, written notice shall be given to the permittee and record owner of the premises to remove the sign within three consecutive calendar days. If the sign is not removed by the end of the third day, the Building Inspector shall be authorized to cause the sign to be removed, and all expenses incurred by the Village shall be charged to the permittee, building owner, or land owner.
E. 
In the case of a sign that, in the opinion of the Building Inspector, poses an immediate danger to the public health or safety in violation of § 51-19F of this Code, the Building Inspector shall have the authority to cause the sign to be removed summarily and without further notice, and all expenses shall be charged to the permittee, building owner, or land owner.
F. 
Each and every day that a violation continues shall constitute a separate offense.
G. 
Each provision of this chapter is hereby readopted without substantive change by local law, pursuant to the Municipal Home Rule Law of the State of New York. The provisions of this chapter, and the provisions establishing penalties for violating this chapter set forth elsewhere in this Code, shall supersede the provisions of the Village Law to the extent that they are inconsistent therewith.
H. 
All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
The provisions of this chapter shall be deemed to constitute the minimum standards for the protection and promotion of the public health, safety and welfare. The provisions of this chapter are not intended to interfere with, abrogate, or supersede any other statutes, rules, regulations or local laws, provided that whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted statutes, regulations, rules or local laws, the most restrictive, or those which impose the highest standards, shall govern.
If any section, subsection, phrase, sentence, or other portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.
This chapter is effective upon the date of adoption by the Board of the Village/Town of Mount Kisco.