[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.
Garage sales — See Ch.
181.
This chapter shall hereafter be known and cited as the "Sign
Regulations."
[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.
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.
All illuminated signs shall be subject to the provisions of
the Electrical Code and the permit fees required thereunder.
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.
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.
[Amended 6-13-1988 by L.L. No. 4-1988]
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.
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.
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.
[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.
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.
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.
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.
[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.
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.
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 or other ordinances of the City.
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.
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.
[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:
(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.
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.
[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.
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.
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.
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.
[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.
It shall be unlawful for any person to display upon any sign
or other advertising structure any obscene, indecent or immoral matter.
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.
[Amended 1-25-1988 by Ord. No. 5-88; 6-13-1988 by L.L. No. 4-1988]
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.
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.
[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.
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.
[Amended 2-14-1973; 6-13-1988 by L.L. No. 4-1988]
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.
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, shall be constructed of incombustible materials and shall
be two-faced.
(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.
[Added 6-13-1988 by L.L. No. 4-1988]
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.
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.
[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.
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.
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.
[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.
[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.
[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.