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.
ADOPTED AREAS
Beautification Committee designated locations which are landscaped,
planted and maintained by volunteers. Signage indicates area is adopted.
[Added 12-5-2022 by L.L. No. 2-2023]
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.
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.
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.
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.
FACADE
The exterior surface of a building extending from the ground
plane to the roofline, top of parapet, or cornice.
FREESTANDING PERMANENT 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.
[Amended 12-5-2022 by L.L. No. 2-2023]
FREESTANDING PORTABLE SIGN
A sign supported by one or more uprights or legs, hinged
or unhinged, is stationary and capable of standing without support
or attachment to a structure or by being affixed in the ground. An
example of this is an A-frame or sandwich board sign.
[Added 12-5-2022 by L.L. No. 2-2023]
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.
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.
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 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.
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.
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. Signs shall not be placed
in adopted areas.
[Amended 12-5-2022 by L.L. No. 2-2023]
L. Temporary signage in the public right-of-way promoting nonprofit
and civic events to be held in Mount Kisco shall be placed at locations
designated by the Village Board of Trustees (Building Department will
maintain list of locations) for no longer than seven days prior to
the event and removed within two days after the event. 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. Duplicate signs are prohibited.
[Amended 12-5-2022 by L.L. No. 2-2023]
M. Temporary political signs promoting the election of individuals to
public office, provided they shall be displayed no earlier than 30
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.
[Amended 12-5-2022 by L.L. No. 2-2023]
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.
R. Freestanding portable signs as described in §
89-2, Definitions.
[Added 12-5-2022 by L.L. No. 2-2023]
(1) Freestanding portable signs will be reviewed and approved as part
of business total sign permit as of date this code is enacted. Freestanding
portable signs for business, with signage approved prior to enactment
of this code, will participate in instructional activity to ensure
their freestanding portable signs are in accordance with code.
(2) Freestanding portable signs are permitted for businesses in the following
sign districts: Village District, Commercial District No. 1, Commercial
District No. 2, Commercial District No. 3, so long as said freestanding
portable signs adhere to the following criteria:
(a)
Freestanding portable sign criteria:
[1]
May be placed on private property, directly adjacent to the
storefront of the establishment to which they refer.
[2]
May be placed on public property, directly adjacent to the storefront
of the establishment to which they refer, only upon the condition
that a waiver is signed and filed with the Building Department by
the business owner releasing the Village from all liability together
with an indemnity agreement indemnifying the Village from any and
all claims. No signage shall be permitted on public sidewalks or other
public areas without having first provided the Village with the aforesaid
waiver and indemnity agreement.
[3]
One freestanding portable sign is permitted per street level
occupancy frontage.
[4]
Sign must be related to goods and/or services sold on the premises.
[5]
Sign may only be located outside the establishment when it is
open for business and must be removed each evening when the establishment
is closed.
[6]
Sign shall not exceed 40 inches in height, 30 inches in width
and six inches in depth, or if an A-frame design, 24 inches in depth
measured at the base when fully opened.
[7]
Sign shall be placed directly adjacent to, and abutting the
facade of the establishment, shall not extend beyond the width of
the facade, and shall not block or otherwise obstruct safe access
to that establishment or to any adjoining property.
[8]
Sign shall not extend more than 30 inches from the front facade
of the building.
[9]
Sign shall be made of wood, metal, chalkboard, or manufactured
wood only.
[10]
Sign must be weighted to ensure it can withstand wind gusts.
[11]
Sign must be placed in such a manner as to preserve six feet
of the sidewalk, whether public, private or a combination of both,
free and clear of any obstruction to pedestrian traffic. In areas
where existing sidewalk obstructions such as utility poles, trees,
lampposts, trash cans or other obstructions exist, 66 inches of unobstructed
sidewalk must be preserved between the existing sidewalk obstruction
and the portable sign.
[12]
Freestanding portable sign shall not be illuminated.
[13]
Freestanding portable sign must remain in good condition during
the display period. Throughout the display period, business owners
must take immediate corrective action should there be any problems
with the appearance, condition or maintenance of the sign and/or support
hardware or upon notification from the Village Manager, the Building
Department or Code Enforcement.
[14]
Whenever the health, safety, welfare or convenience of the public
or any other governmental purpose requires, the Board of Trustees
and/or Village Manager is authorized to temporarily suspend the placement
of freestanding portable sign.
[15]
The Village shall monitor compliance. If a freestanding portable
sign is not maintained in accordance with this article, the Village
may serve a notice of noncompliance to the owner of the sign requiring
the sign be brought into compliance within five days of service of
the notice. Failure to bring the sign into compliance will result
in removal. The Village shall notify the owner that it must collect
the sign 20 days following service of the notice. If not collected
within 20 days, the Village is authorized to dispose of the sign.
The Village is not liable for the cost of the sign. The sign owner
may be liable for the Village's reasonable costs of removal and disposal.
[Amended 12-5-2022 by L.L. No. 2-2023]
All signs not specifically permitted in Table 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 30 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.
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 under the exempt signs provision of §
89-4.
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.
N. Signs in
adopted areas other than signs identifying those who participate in
adopted area program.
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.
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.
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.
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.
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.