City of Newburgh, NY Chapter 250 Signs

[HISTORY: Adopted by the City Council of the City of Newburgh 11-13-1967 (Ch. 5, Art. V, of the Code of Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 122.

Electrical standards — See Ch. 155.

Fees — See Ch. 163.

Garage sales — See Ch. 181.

Newsracks — See Ch. 209.

Zoning — See Ch. 300.

§ 250-1 Title.

This chapter shall hereafter be known and cited as the "Sign Regulations."

§ 250-2 Definitions.

[Amended 12-13-2010 by Ord. No. 19-2010]

As used in this chapter, unless the context otherwise indicates, the following terms shall have the meanings indicated:

ERECT

To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.

FACING or SURFACE

The surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

ILLUMINATED SIGN

Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper.

INCOMBUSTIBLE MATERIAL

Any material which will not ignite at or below a temperature of 1,200° F. and will not continue to burn or glow at that temperature.

OTHER ADVERTISING STRUCTURE

Any marquee or canopy as further defined herein.

SIGN

Includes every sign, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee and canopy and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out of doors in view of the general public.

STRUCTURAL TRIM

The molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure.

WINDOW SIGN

A sign visible from a sidewalk, street or other public place, affixed or painted on glass or other window material, or located inside within two feet of the window, but not including graphics in connection with customary window display of products.

§ 250-3 Applicability of electrical standards.

All illuminated signs shall be subject to the provisions of the Electrical Code and the permit fees required thereunder.[1]

[1] Editor's Note: See Ch. 155, Electrical Standards.

§ 250-4 Erection permit required.

It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the City any sign or other advertising structure as defined in this chapter without first obtaining an erection permit from the Code Compliance Supervisor and making payment of the fee required by § 250-8 hereof.

§ 250-5 Application information.

Applications for erection permits shall be made upon blanks provided by the Code Compliance Supervisor and shall contain or have attached thereto the following information:

A. The name, address and telephone number of the applicant.

B. The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected.

C. The position of the sign or other advertising structure in relation to nearby buildings or structures.

D. Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground.

E. A copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City.

F. The name of the person erecting the structure.

G. The written consent of the owner of the building, structure or land to which or on which the structure is to be erected.

H. Any electrical permit required and issued for said sign.

I. A bond and insurance as required by § 250-17.[1]

[Amended 6-13-1988 by L.L. No. 4-1988]

[1] Editor's Note: Former § 250-17, Insurance requirements, was repealed 11-13-1989 by Ord. No. 36-89.

J. Such other information as the Code Compliance Supervisor shall require to show full compliance with this and all other laws and ordinances of the City.

§ 250-6 Prior approval of Electrical Inspector required.

The application for a permit for erection of a sign or other advertising structure in which electrical wiring and connections are to be used shall be submitted to the Electrical Inspector. The Electrical Inspector shall examine the plans and specifications respecting all wiring and connections to determine if the same complies with the Electrical Code of the City, and he shall approve said permit if said plans and specifications comply with said code or disapprove the application if noncompliance with said code is found. This action of the Electrical Inspector shall be taken prior to submission of the application to the Code Compliance Supervisor for final approval or disapproval of the erection permit.

§ 250-7 Issuance of erection permit.

It shall be the duty of the Code Compliance Supervisor, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the City, he shall then issue the erection permit.

§ 250-8 Fees.

[Amended 6-13-1988 by L.L. No. 4-1988]

Every applicant, before being granted a permit hereunder, shall pay to the Code Compliance Supervisor, City Treasurer or other official the permit fee as set forth in Chapter 163, Fees, of this Code for each such sign or other advertising structure regulated by this chapter.

§ 250-9 Duration of erection permit.

If the work authorized under an erection permit has not been completed within six months after the date of issuance, said permit shall become null and void.

§ 250-10 Revocability of erection permit.

All rights and privileges acquired under the provisions of this chapter are mere licenses revocable at any time by the City Council, and all erection permits issued hereunder shall contain this provision.

§ 250-11 Revocation by Code Compliance Supervisor.

The Code Compliance Supervisor is hereby authorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with any provisions of this chapter.

§ 250-12 Unsafe and unlawful signs.

[Amended 12-14-1981]

If the Code Compliance Supervisor shall find that any sign or other advertising structure regulated herein is unsafe or insecure, is a menace to the public, has been abandoned, has been constructed or erected or is being maintained in violation of the provisions of this chapter or is being maintained without the required insurance or bonds, he shall instruct the building inspector to proceed to compel the repair or removal of said structure pursuant to Chapter 129, Article IV, of this Code. If any person responsible for the cost or expenses incurred pursuant to Chapter 129, Article IV, shall refuse or fail to pay said costs, the Code Compliance Supervisor shall refuse to issue a permit under this chapter to said person. The Code Compliance Supervisor may cause any sign or other advertising structure constituting an immediate peril to persons or property to be removed summarily and without notice.

§ 250-13 Periodic painting required.

The owner of any sign as defined and regulated by this chapter shall be required to have properly painted at least once every two years all parts and supports of said sign, unless the same are galvanized or otherwise treated to prevent rust.

§ 250-14 Wind-pressure and dead-load requirements.

All signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 40 pounds per square foot of area and shall be constructed to receive dead loads as required in the Building Code[1] or other ordinances of the City.

[1] Editor's Note: See Ch. 122, Building Construction.

§ 250-15 Removal of certain signs.

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 10 days after written notification from the Code Compliance Supervisor, and upon failure to comply with such notice within the time specified in such order, the Code Compliance Supervisor is hereby authorized to cause removal of such sign, any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.

§ 250-16 Exemptions.

The provisions and regulations of this chapter shall not apply to the following signs; provided, however, that said signs shall be subject to the provisions of § 250-12:

A. Real estate wall signs not exceeding eight square feet in area and ground signs not exceeding 25 square feet in area, which advertise the sale, rental or lease of the premises upon which said signs are located only.

B. Professional nameplates not exceeding one square foot in area.

C. Signs painted on the exterior surface of a building or structure located in a C-1, C-2, I-1 or I-2 District; provided, however, that if said signs have raised borders, letters, characters, decorations or lighting appliances, they shall be subject to the provisions of § 250-26 and all other applicable provisions of this chapter.

D. Bulletin boards not over eight square feet in area for public, charitable or religious institutions when the same are located on the premises of said institutions.

E. Signs denoting the architect, engineer or contractor when placed upon work under construction and not exceeding 16 square feet in area.

F. Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house and not exceeding two square feet in area.

G. Memorials signs or tablets, names of buildings and date or erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

H. Traffic or other municipal signs, legal notices, rail-road-crossing signs, danger and such temporary, emergency or nonadvertising signs as may be approved by the City Council.[1]

[1] Editor's Note: See Ch. 181, Garage Sales.

§ 250-17 Political signs. [1]

[Added 3-11-2002 by Ord. No. 4-2002]

A. Signs communicating a nonobscene political message shall be exempt from the provisions and regulations of this chapter, except the following safety provisions and regulations shall remain in full force and effect:

(1) Section 250-18.

(2) Section 250-20.

(3) Section 250-22.

(4) Section 250-23.

(5) Section 250-6, but only to the extent of requiring the submittal of an application and plans to the Electrical Inspector, who shall be responsible for approval of such application and plans to ensure compliance with the Electrical Code.

B. In addition, the Code Compliance Supervisor may cause any political sign constituting an immediate peril to persons or property to be removed summarily and without notice.

[1] Editor's Note: Former § 250-17, Insurance requirements, as amended, was repealed 11-13-1989 by Ord. No. 36-89.

§ 250-18 Obstruction of ingress and egress prohibited; signs on standpipes and fire escapes prohibited.

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

§ 250-19 Signs in public rights-of-way restricted.

[Amended 6-13-1988 by L.L. No. 4-1988]

No ground sign, pole sign or temporary sign shall be erected or placed on the public street, sidewalk or within any public right-of-way, except as provided in § 250-29C.

§ 250-20 Signs constituting traffic hazard prohibited.

No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device or which makes use of the words STOP, LOOK, DRIVE-IN, DANGER or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.

§ 250-21 Smooth sign surface required.

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

§ 250-22 Gooseneck reflectors and lights.

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

§ 250-23 Floodlights, spotlights and flashing signs.

[Amended 4-12-1971; 2-14-1973]

It shall be unlawful for any person to maintain any sign or other advertising structure extending over public property which is wholly or partially illuminated by floodlights or spotlights or to maintain any sign or device on which artificial lights do not remain constant in intensity and color at all times when in use and which cast illumination upon any public area.

§ 250-24 Obscene matter prohibited.

It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter.

§ 250-25 Ground signs.

A. Definition. A "ground sign" as regulated by this chapter shall include any sign supported by uprights or braces placed upon the ground and not attached to any building. Special permission of the Planning Board shall be obtained for the erection thereof. No ground sign shall be erected in any residential district as defined in the Zoning Ordinances of the City.[1]

[Amended 1-25-1988 by Ord. No. 5-88; 6-13-1988 by L.L. No. 4-1988]

[1] Editor's Note: See Ch. 300, Zoning.

B. Construction.

(1) Materials required. All ground signs for which a permit is required under this chapter shall have a surface or facing of incombustible material; provided, however, that combustible structural trim may be used thereon.

(2) Letters and figures to be secured. All letters, figures, characters or representations in cutout or irregular forms, maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure and shall comply with all requirements in § 250-28B(3).

C. Location.

[Amended 1-25-1988 by Ord. No. 5-88]

(1) Height limitation. It shall be unlawful to erect any ground sign whose total height is greater than the permitted height of structures specified for the zone in which the sign is to be erected.

(2) Space between sign and ground and other signs and structures. Ground signs shall have an open space not less than 2 1/2 feet between the base line of said sign and the ground level. This open space may be filled in with a platform or decorative latticework which does not close off more than 1/2 of any square foot of such open space. No ground sign shall be nearer than two feet to any other sign, building or structure.

(3) Ground signs not to mislead, interfere with or confuse traffic. All ground signs shall conform to the provisions of § 250-20.

D. Erection.

(1) Bracing, anchorage and supports. All ground signs shall be securely built, constructed and erected upon posts and standards sunk at least three feet below the natural surface of the ground and shall be supported and braced by timbers or metal rods in the rear thereof, extending from the top thereof to a point in the ground at least a distance equal to 1/2 the height of such sign, measured along the ground, from the posts or standards upon which the same is erected.

(2) Wood supports to be creosoted. All posts, anchors and bracing of wood shall be treated to protect them from moisture by creosoting or other approved methods when they rest upon or enter into the ground.

(3) Wind-pressure and dead-load requirements. All ground signs shall conform to the requirements of § 250-14.

E. Premises to be kept free of weeds. All ground signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds.

§ 250-26 Wall signs.

A. Definition. A "wall sign" as regulated by this chapter shall include all flat signs of solid-face construction which are placed against a building or other structure and attached to the exterior front, rear or side of any building or other structure.

B. Construction materials. All wall signs over 40 square feet in area for which a permit is required under this chapter shall have a surface or facing of incombustible material; provided, however, that combustible structural trim may be used thereon.

C. Location.

(1) Limitation on placement and area. No wall sign shall cover wholly or partially any wall opening nor project beyond the ends or top of the wall to which it is attached, and any one sign shall not exceed an area of 500 square feet.

(2) Projection above sidewalk and setback line. No wall sign shall be permitted to extend more than 15 inches beyond the building line and shall not be attached to a wall at a height of less than 10 feet above the sidewalk or ground.

(3) Obstruction to doors, windows or fire escapes. No wall sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.

D. Erection.

(1) Supports and attachments. All wall signs shall be safely and securely attached to the building wall by means of metal anchors, bolts or expansion screws of not less than 3/8 inch in diameter embedded in said wall at least five inches; provided, however, that such signs may rest in or be bolted to string, heavy metal brackets or saddles set not over six feet apart, each of which shall be securely fixed to the wall as hereinbefore provided. In no case shall any wall sign be secured with wire, strips of wood or nails.

(2) Wind-pressure and dead-load requirements. All wall signs shall conform to the requirements of § 250-14.

§ 250-26.1 Window signs.

[Added 12-13-2010 by Ord. No. 19-2010]

Permanent and/or temporary signs on windows and glass doors shall not occupy more than 25% cumulatively of the total area of windows and doors. The twenty-five-percent computation shall be based on any window and door areas inside of decorative borders, if any. Area should be measured inside of decorative borders.

§ 250-27 Roof signs.

A. Definition. A "roof sign" as regulated by this chapter shall mean any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof surface. Special permission of the Planning Board shall be obtained for the erection thereof. No roof sign shall be erected in any residential district as defined in the Zoning Ordinance of the City.[1]

[Amended 2-14-1973; 6-13-1988 by L.L. No. 4-1988]

[1] Editor's Note: See Ch. 300, Zoning.

B. Construction materials. Every roof sign, including the upright supports and braces thereof, shall be constructed entirely of incombustible materials; provided, however, that combustible structural trim may be used thereon.

C. Location.

(1) Height and area limitations. No roof sign shall have a surface or facing exceeding 300 square feet nor have its highest point extended more than 20 feet above the roof level.

(2) Setback from roof edge. No roof sign shall be erected or maintained with the face thereof nearer than five feet to the outside wall toward which the sign faces.

(3) Space between sign and roof. All roof signs shall have a space at least five feet in height between the base of the sign and the roof level and have at least five feet clearance between the vertical supports thereof.

(4) Prohibited obstructions. No roof sign shall be placed on the roof of any building or structure in such manner as to prevent free passage from one part of said roof to any other part thereof or interfere with openings in said roof, and all such signs shall comply with § 250-18 hereof.

D. Erection.

(1) Bracing, anchorage and supports. Every roof sign shall be thoroughly secured to the building by iron or other metal anchors, bolts, supports, rods or braces. When erected upon buildings which are not constructed entirely of fireproof material, the bearing plates of said sign shall bear directly upon masonry walls and intermediate steel columns in the building. No roof sign shall be supported or anchored to the wooden framework of a building.

(2) Wind-pressure and dead-load requirements. All roof signs shall conform to the requirements of § 250-14 of this chapter.

§ 250-28 Projecting signs.

A. Definitions.

(1) A "projecting sign" as regulated by this chapter shall include any sign which is attached to a building or other structure and extends beyond the line of said building or structure or beyond the surface of that portion of the building or structure to which it is attached.

(2) A "horizontal projecting sign" means any sign which is greater in width than in height.

(3) A "vertical projecting sign" means any sign which is greater in height than in width.

B. Construction.

(1) Generally. Every projecting sign, including the frames, braces and supports thereof, shall be properly designed and shall be approved by the Code Compliance Supervisor as in compliance with the Building Code of the City and by the Electrical Inspector as in compliance with the Electrical Code of the City,[1] shall be constructed of incombustible materials and shall be two-faced.

[1] Editor's Note: See Ch. 122, Building Construction, and Ch. 155, Electrical Standards.

(2) Illumination. The reflectors shall be provided with the proper glass lenses concentrating the illumination upon the area of the sign and preventing glare upon the street or adjacent property, and no floodlight or spotlight nor reflectors of the gooseneck type shall be permitted on projecting signs.

(3) Limitation of glass. The lettering or advertising designs to be illuminated may be composed of glass or other transparent or semitransparent incombustible material. Any glass forming a part of any sign shall be safety glass or plate glass at least 1/4 inch thick, and in case any single piece or pane of glass has an area exceeding three square feet, it shall be wired glass. One section, not exceeding three square feet in area, constructed of wire glass or safety glass, shall be permitted on each side of a sign.

(4) Movable parts to be secured. Any movable part of a projecting sign such as the cover of a service opening shall be securely fastened on chains or hinges.

(5) Area limitations. Except by special permission of the City Council, projecting signs shall be limited in area as follows:

(a) Horizontal projecting signs: 50 square feet each side.

(b) Vertical projecting sign: 100 square feet each side.

(6) Thickness limitation. The distance measured between the principal faces of any projecting sign shall not exceed 18 inches.

C. Location.

(1) Projection over public property. Every projecting sign shall be placed at least 10 feet above the public sidewalk over which it is erected and a distance not greater than two feet from the face of the wall to which it is attached, measuring from the point of the sign nearest thereto, nor shall any sign or part thereof extend nearer the curbline than two feet. Every projecting sign erected over public driveways, alleys and thoroughfares shall be placed not less than 15 feet above the level of same.

(2) Obstructions and traffic hazards. Every projecting sign shall be erected in full compliance with §§ 250-18 and 250-20 of this chapter.

(3) No projecting sign in excess of nine square feet in area, measured on one side thereof, shall be erected in any residential district as defined in the Zoning Ordinance of the City.[2]

[Added 6-13-1988 by L.L. No. 4-1988]

[2] Editor's Note: See Ch. 300, Zoning.

D. Erection.

(1) Bracing, anchorage and supports. Projecting signs exceeding 10 square feet in area or 50 pounds in weight shall not be attached to nor supported by frame buildings nor the wooden framework of a building. Said signs shall be attached to masonry walls with galvanized expansion bolts of size and length sufficient to properly support such sign.

(2) Anchorage restrictions. No projecting sign shall be secured with wire, strips of wood or nails, nor shall any projecting sign be hung or secured to any other sign.

E. V-shaped signs prohibited. V-shaped signs, consisting of two single-faced signs erected without a roof or ceiling, shall not be permitted.

§ 250-29 Temporary signs.

A. Definitions. A "temporary sign" as regulated by this chapter shall include any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only.

B. Construction.

(1) Materials and area limitations. No temporary sign of combustible material shall exceed four feet in one of its dimensions or 100 square feet in area; such signs in excess of 60 square feet shall be made of rigid materials, that is, of wallboard or other light materials with frames.

(2) Weight limitation. Every temporary sign weighing in excess of 50 pounds must be approved by the Code Compliance Supervisor as conforming to the safety requirements of the Building Code of the City.

C. Location.

[Amended 10-11-1983; 6-8-1987 by Ord. No. 11-87]

(1) Projection from wall and over public property. No temporary sign shall extend over or onto any street, alley, sidewalk or other public thoroughfare a distance greater than four inches from the wall upon which it is erected and shall not be placed or project over any wall opening, except that the City Manager may, in his discretion, permit the erection of a temporary sign or banner constructed of cloth, canvas, light fabric or other similar light materials across a public street by a bona fide civic, charitable or religious organization to publicize a civic, charitable or religious event, subject to complying with all other provisions of this chapter, and further that no hazard to traffic or to the public is created thereby.

(2) Obstruction to doors, windows and fire escapes. No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape.

D. Erection. Anchorage and support. Every temporary sign shall be attached to the wall with wire or steel cables, and no strings, ropes or wood slate for anchorage or support purposes shall be permitted.

E. Duration of permits. Permits for temporary signs shall authorize the erection of said signs and their maintenance for a period not exceeding 30 days.

F. Advertising permitted. The advertisement contained on any temporary sign shall pertain only to the business, industry or pursuit conducted on or within the premises on which such sign is erected or maintained. This provision shall not apply to signs of a civic, political or religious nature.[1]

[1] Editor's Note: Former Subsection G, Insurance requirements, as amended, which immediately followed this subsection, was repealed 11-13-1989 by Ord. No. 36-89.

§ 250-29.1 Movable signs.

[Added 9-11-1995 by Ord. No. 6-95]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

MOVABLE SIGN

As regulated by this chapter, shall include any signs or advertising display constructed of light materials or constructed on wheels so as to enable it to be moved or displayed in different locations or which is so designed so as to enable it to be dismantled or taken down on a daily basis, whether or not it is actually so moved, dismantled or taken down. The term "movable sign" shall include sandwich-board-type signs.

B. Construction.

(1) All movable signs shall be so designed so as to withstand a wind pressure of not less than 40 pounds per square foot, without being moved or displaced.

(2) No movable sign of combustible material shall exceed the dimensions of four feet high and four feet wide.

(3) An electrified movable sign must be served by a permanent electrical connection. Use of extension cords is not permitted and the installation must conform to the Electrical Code.

C. Location.

(1) No movable sign shall be so placed so as to block the public sidewalk or obstruct the traffic, obstruct the view of a motorist or interfere with the available sight distance of traffic passing on or into any public highway, alley, private or public driveway, private or public parking lot or other vehicular access point.

(2) No electrified movable sign shall be placed in the street, the public sidewalk or within a public right-of-way.

(3) Movable signs, without electrification, that are no larger than four feet high or four feet wide, may be placed within the line of the public right-of-way or on the public sidewalk as long as they do not violate the limitations contained in Subsection C(1).

D. Historic District. No movable sign shall be erected within any Historic District or Architectural Design District and no permit shall be issued therefor unless the Architectural Review Commission issues a certificate of approval as provided in § 300-26 of this Code.

E. Permit. Upon the filing of an application and examination of the same, the City Manager shall determine if a proposed sign is in compliance with the requirements of this chapter and all other ordinances of the City and, upon such finding, shall issue a permit.

§ 250-30 Marquees.

A. Definition. A "marquee" as regulated by this chapter shall include any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare.

B. Construction.

(1) Materials required. All marquees, including the anchors, bolts, supports, rods and braces thereof, shall be constructed of incombustible materials, shall be designed by a structural engineer and approved by the Code Compliance Supervisor as in compliance with the Building Code of the City and by the Electrical Inspector as in compliance with the Electrical Code of the City and shall be illuminated.

(2) Drainage. The roofs of all marquees shall be properly guttered and connected by downspouts to a sewer so that the water therefrom will not drip or flow onto public property.

(3) Roofs. The roofs of all marquees shall be used for no other purpose than to form and constitute a roof, and at least 25% of the area of the roof of every marquee shall be of glass or other incombustible transparent substance.

C. Location.

(1) Height above sidewalk. No portion of a marquee shall be less than 10 feet above the level of the sidewalk or other public thoroughfare.

(2) Setback from curbline. No marquee shall be permitted to extend beyond a point one foot inside the curbline.

(3) Width. No marquee shall be wider than the entrance or entrances of the building plus five feet on each side thereof; provided, however that where the entrances to a building are not more than 20 feet apart, a marquee may be made a continuous single structure between said entrances.

D. Erection.

(1) Bracing, anchorage and supports. Marquees shall be supported solely by the building to which they are attached, and no columns or posts shall be permitted as support therefor.

(2) Roof live-load requirement. The roof of any marquee, except glass area required, shall be designed and constructed to support a live load of not less than 100 pounds per square foot. The wind-pressure requirements shall be those stated in § 250-14.

(3) Anchorage to wood structure prohibited. No marquee shall be erected on any building of wood frame construction unless attached to the masonry, concrete or steel supports of the building.

E. Signs attached to marquee. Signs attached to or hung from a marquee shall be completely within the borderline of the marquee outer edge and shall in no instance be lower than 10 feet above the sidewalk or public thoroughfare. No sign or advertising material shall exceed five feet in height, exclusive of the name of the establishment exhibiting such marquee. No advertising materials shall be placed upon the roof of any marquee.

F. Illumination required. Every marquee projecting over public property shall be illuminated by at least 16 candlepower of illumination for each 50 square feet or fraction thereof of area from sunset to 11:00 p.m., every night, Monday through Saturday of each week.

§ 250-31 Canopies.

A. Definitions. A "canopy" as regulated by this chapter shall include any structure, other than an awning, made of cloth or metal with metal frames attached to a building, projecting over a thoroughfare and carried by a frame supported by the ground or sidewalk.

B. Construction materials. Canopies may be constructed of cloth or metal hood; provided, however, that all frames and supports shall be of metal.

C. Location.

(1) Height above sidewalk. All canopies shall be constructed and erected so that the lowest portion thereof shall be not less than nine feet above the level of the sidewalk or public thoroughfare.

(2) Setback from the curbline. No canopies shall be permitted to extend beyond a point 12 inches inside the curbline.

(3) Width. No canopy shall be permitted to exceed eight feet in width.

D. Framework. The framework of all canopies shall be designed by a structural engineer and approved by the Code Compliance Supervisor as in compliance with the Building Code of the City. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in § 250-14 of this chapter.

E. Advertising. No advertising shall be placed on any canopy, except that the name of the owner and the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed in a space not exceeding eight inches in height on the front and side portions thereof.

F. Permits. Permits for canopies shall be required as provided in § 250-4.

§ 250-32 Planning Board approval.

[Amended 2-14-1973]

A. When required. No person shall erect a roof sign or a ground sign more than six feet high or any structure to be used for such roof or ground sign without approval of the Planning Board.

B. Application for approval. No application for the permission required by Subsection A shall be received or entertained by the Planning Board unless such application shall be accompanied by an affidavit or affidavits proving to the satisfaction of that body that two weeks' notice in writing, served personally or by mail, has been given all owners, occupants or agents of land within a radius of 300 feet from where such structure is to be erected of the time and place at which such application will be made, or in lieu of such notice, there shall be filed with such application the written consents of all owners, occupants or agents to the erection of such structure.

C. Exception. A ground sign in the form of a pylon sign or pole sign with a display area not in excess of 25 square feet, surface (area of one face) secured at top of one or two metal poles the overall height not in excess of 15 feet shall not require approval of the Planning Board.

§ 250-33 Nonconforming signs.

[Amended 4-12-1971]

Every sign or other advertising structure which violates or does not conform to the provisions of this chapter shall be removed, altered or replaced to conform to the provisions of this chapter within six months of the date of receipt of notice of violation of this chapter. The requirements of § 250-17 shall be complied with in all cases.[1]

[1] Editors' Note: Former § 250-17, Insurance requirements, was repealed 11-13-1989 by Ord. No. 36-89.

§ 250-34 Penalties for offenses.

[Amended 6-13-1988 by L.L. No. 4-1988; 9-28-1998 by Ord. No. 12-98]

A. Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.

B. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.

C. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.