[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Kisco 11-17-2008 by L.L. No. 2-2008; amended in its entirety 9-8-2009 by L.L. No.
5-2009. Subsequent amendments noted where applicable.]
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.
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]
A sign that uses movement, lighting, or special materials
to depict action or create a special effect to imitate movement.
Structural details that denote a quality of workmanship that
is of an historical or aesthetic nature and an integral part of the
structure.
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.
The primary front facing area of an awning where copy can
be placed.
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.
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.
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.
A permanent off-premises outdoor advertising sign erected,
maintained or used for the purpose of commercial messages.
An internally illuminated or nonilluminated box with a translucent
face or solid face with stencil cut open letters, numbers or symbols.
A permanently mounted exterior sign used to identify the
name of a multitenant building center and its tenants.
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.
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.
Copy containing or displaying letters, numbers, or graphics,
which is designed to be readily and periodically changed or rearranged.
A sign designed to allow changing of copy manually.
Three-dimensional individually cut letters or figures, illuminated
or nonilluminated, affixed to a structure.
A business, product, service, or other activity having to
do with commerce.
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.
The words, graphics, and/or letters contained within a sign.
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.
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.
An exterior ground sign that is permanent and used to identify
the name of a multitenanted building and its tenants.
A sign with a fixed or changing display/message composed
of a series of lights that may be changed through electronic means.
To build, construct, attach, hang, place, suspend, or affix,
which shall also include the painting of wall signs or other graphics.
A place, activity, person, institution, organization, or
business.
Any sign comprised partially or entirely of exposed tubing,
illuminated by neon, argon, or other means.
Any sign displayed outdoors or in any manner outside of a
building.
A light from a source outside the sign and directed to shine
on the sign.
A sign that is illuminated by a light source outside the
sign, which is directed to shine on the sign.
The exterior surface of a building extending from the ground
plane to the roofline, top of parapet, or cornice.
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]
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]
See "monument 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.
A light source that is concealed or contained within the
sign and becomes visible in darkness through a translucent surface.
Any hood or awning of a permanent construction, securely
affixed to a building or any projection from the wall of a building.
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.
Any sign that does not conform to the requirements of this
chapter.
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."
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.
Individual letters cut from a material and mounted on a board
or building through the use of pins on the back of the letter.
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).
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.
A freestanding sign comprised of a vertical post to which
a perpendicular arm is attached and from which the sign hangs.
Any lot, building, business, or other establishment or combination
thereof held under single lease or ownership.
A sign which is attached perpendicular to the facade of a
wall or structure and projects more than six inches.
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.
A privately owned area made available for public use, such
as a sidewalk on private property along a strip mall.
See "pole sign."
A temporary sign indicating the sale, rental, or lease of
the premises on which the sign is placed.
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.
The distance from the property line to the nearest part of
the applicable building, structure, or sign, measured perpendicularly
from the property line.
A line extending from the observer's eye to a viewed object
or area.
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.
Any changes to the content, style, size, shape, scale, colors,
lighting, materials, installation and position of an existing sign.
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.
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.
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.
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.
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.
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.
Open letters cut out of solid background to allow light to
show through the letters, numbers or symbols.
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.
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.
The supports, uprights, bracing and framework for the sign.
A character, logo, letter, or other graphic design used for
representation or identification.
An illuminated or a nonilluminated sign displayed for a limited
period of time.
The vertical unangled on uncurved portion of an awning or
canopy.
A sign painted on or attached to an outside wall of a building
and in the same plane as the wall.
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[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.
B.
Beacons.
C.
Billboards.
D.
Electronic interior window signs (i.e., exposed tubing "neon" type signs, LED lights, etc.), except as otherwise permitted under the exempt signs provision of § 89-4.
E.
Off-premises signs, including but not limited to billboards, other than as permitted under the exempt signs provision of § 89-4.
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.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
A.
All signs of a temporary nature must receive permits before being
displayed, except those specified under the exempt signs section of
this chapter. Temporary signs by permit include, but are not limited
to:
(1)
Business name changes: exterior temporary sign due to sudden business
name changes while awaiting formal Architectural Review Board approval
on an active application to be removed within 45 days of Architectural
Review Board approval of said active application. In the event there
is an application pending for a permanent sign, said period may be
extended for up to an additional 30 days.
(2)
Nonilluminated real estate signs for commercial properties' long-term
sale/lease displayed for more than 90 days would require a permit
not to exceed an additional 90 days within a twelve-month period.
All such signs shall not exceed one per premises and shall not exceed
eight square feet. Temporary sign permits for real estate signs for
the sale of vacant land shall be issued on an annual basis.
(3)
Temporary construction signs denoting the architect, engineer or
contractor, limited to one nonilluminated sign per premises relating
to the project and exceeding 16 square feet in area. All such signs
shall not be placed within the zoning buffer of a parcel and shall
not exceed eight feet in height above ground level. Such signs shall
be removed prior to the issuance of a certificate of occupancy or
the completion of work, whichever is later.
B.
Temporary signs may be erected and maintained in accordance with
the following provisions:
(1)
Sign specifications. Temporary signs by permit shall not exceed the
type, size, placement and other limitations applicable for permanent
signs in each sign district. Temporary signs shall not be illuminated
unless otherwise approved.
(2)
Permit procedures. Applicants for a temporary sign permit must complete
all pertinent sections of the "Application for a Sign Permit" form
as is adopted by the Building Department. Completed applications shall
be submitted to the Building Inspector. The Building Inspector shall
issue a temporary sign permit provided that all requirements of this
chapter have been met.
A.
Design. The design of the sign shall be harmonious with the architectural
character of the building on which it is placed, the neighborhood
and the general character of the Village. Signs should be a subordinate
part of the streetscape and create a sense of visual continuity with
surroundings. Signs should not detract from or cover significant architectural
features of a building.
B.
Colors. Signs shall contain a maximum of 10 colors. Black and white
are each considered separate colors. Letters shall be limited to a
single color. Where utilized, signboards and boxes shall be of a single
color consistent in tone and hue with the facade upon which they are
mounted.
[Amended 12-5-2022 by L.L. No. 2-2023]
C.
Illumination. When permitted, illumination shall be from light sources
which do not glare upon a public street, highway, sidewalk, or adjoining
property and shall conform to the Village's lighting standards. No
unshielded light sources (e.g., bulb) shall be visible from view anywhere
in the public right-of-way or from adjacent premises.
D.
Paint. No iridescent or phosphorescent paints shall be permitted
for any sign.
E.
Supporting framework. The supporting framework of all projecting
or freestanding signs shall be in proper proportion to the size of
such sign.
All awnings and canopies are considered structures. All awnings and canopies with signs as herein defined shall require a sign permit and a building permit before being installed. All awnings and canopies without signs shall require a building permit before being installed. In addition to the Village sign district regulations set forth in § 89-11, all awnings and canopies must comply with the following regulations:
A.
All awnings and canopies, whether fixed or movable, shall be securely
attached to and supported by a building wall.
B.
No part of the awning or canopy or its supporting frame shall, at
any time, be less than seven feet above the sidewalk over which it
is erected.
C.
No awning shall be erected to extend more than five feet from the
exterior wall, and no awning shall be closer than two feet to the
curbline.
D.
Awnings must be made of opaque, nontranslucent fabric with a matte
finish or an approved equivalent material.
E.
Signage on awnings and canopies is duly permitted as a principal
business sign in lieu of a wall sign.
F.
No awning or canopy sign shall have a wall sign above it or adjacent
to it.
G.
The awning/canopy sign area (text/graphic area) shall be limited
to 30% of the face and 75% of the valance of the awning.
H.
Awning/canopy signage shall be limited to the face and/or valance
of the awning and signage shall be prohibited on the sides or return
of the awning/canopy.
I.
Lettering, numerals, and symbols on awning/canopy signs shall be
limited to the name and/or nature of the business or entity, and the
building number of the establishment located on the premises.
J.
Any illumination from the underside or interior of an awning or canopy
shall be limited to down lighting. Pedestrian safety lighting shall
be provided as necessary.
K.
In accordance with the general design criteria set forth in § 89-7, the color utilized for any awning or canopy fabric shall be consistent and harmonious with the character of the building on which it is placed, the neighborhood and the general character of the Village, as well as any signage proposed to be incorporated into such awning.
A.
A comprehensive signage program ("program") is required of two or
more businesses that share a common zoning lot or parcel. This includes
directional/directory and identification signage. The program is a
sign system to create visual harmony among the signs within the program
area and compatibility with surrounding establishments and structures.
It shall include specifications for all signs within the program area,
including but not limited to the following: sign type, lettering or
graphic style, size, shape, scale, colors, lighting, materials, installation,
and position on site plan. The complete sign program, including actual
material and samples, must be presented and shall be subject to ARB
approval.
B.
Before any individual sign applications are accepted for a building
subject to the comprehensive sign program, a comprehensive sign program
shall be proposed by the landlord/property owner, and shall be subject
to review and approval in accordance with the standards set forth
herein by the Architectural Review Board and Building Inspector. Any
approved comprehensive signage program shall remain on file with the
Building Inspector.
C.
Once a comprehensive signage program has been approved, individual
sign permit applications will be reviewed by the Building Inspector
in consultation with the ARB Chairman to determine if an appearance
before the ARB is required.
It is recognized that, in addition to conventional business
signage, automotive fuel stations require additional federal, state
and local government and safety signage. The following regulations
regarding automotive fuel stations shall also apply:
A.
No person shall sell or offer for sale at retail for use in internal
combustion engines in motor vehicles any fuel, unless such seller
shall post and keep continuously posted on each individual pump or
other dispensing device from which such fuel is sold or offered for
sale a sign no larger than 12 inches by 12 inches, stating clearly
and legibly in numbers of uniform size the selling price, in all digits,
including governmental taxes, per gallon, of such fuel so sold or
offered for sale from such pump or other dispensing device.
B.
(Reserved)
C.
No person shall sell or offer for sale at retail for use in internal
combustion engines in motor vehicles any fuel, unless such seller
shall post and keep continuously posted on the individual pump or
other dispensing device from which such fuel is sold or offered for
sale a sign or signs posted on such pump or other dispensing device
which clearly and legibly states the name, trade name, brand, mark
or symbol and grade or quality classification of any such fuel.
D.
No sign or placard stating the price or prices of fuel, other than
such signs or placards as hereinabove provided, shall be posted or
maintained on the premises on which such fuel is sold or offered for
sale.
E.
No sign or placard stating the price or prices of fuel shall be posted
or maintained on any premises other than premises where fuel is sold
or offered for sale.
F.
No person shall sell or offer for sale fuel at retail in any way
so as to deceive or tend to deceive the purchaser as to the price,
nature, quality or identity thereof or sell or offer for sale from
any pump or dispensing device any fuel, other than that fuel manufactured
or distributed by the manufacturer or distributor marketing such fuel
under the name, trade name, brand, symbol or mark affixed to or contained
on such pump or other dispensing device or substitute, mix or adulterated
fuel sold or offered for sale under a name, trade name, brand, symbol
or mark.
G.
It shall be unlawful for any person to post signs offering for sale
or to sell or offer for sale any product sold at or service offered
at a fuel station in such a manner as to deceive or tend to deceive
the prospective purchaser or purchasers as to the price, nature, quality
or identity thereof.
H.
Freestanding/Monument sign.
(1)
A maximum of one freestanding/monument sign is permitted.
(2)
The maximum face area of a freestanding/monument sign, including
the sign frame, shall not exceed 30 square feet, inclusive of any
fuel service station price sign. Such sign shall not be separated
from the gasoline price sign, but shall appear as a single integrated
sign.
(3)
A freestanding/monument sign shall not exceed a height of 15 feet
measured to the topmost portion of the sign.
(4)
A pole sign shall be required when, in the determination of the Building
Inspector, it is necessary to provide traffic safety.
I.
Fuel service station canopy signs.
(1)
A fuel service station with a canopy shall be permitted two canopy
signs in total.
(2)
A canopy sign shall not exceed 16 square feet in area.
(3)
The canopy sign shall be a flat sign permanently affixed to the vertical
face of the canopy and shall not project above or below, or from any
side of the vertical face of the canopy. A business logo shall be
considered part of a canopy sign.
(4)
The canopy sign may be illuminated by internal and nonintermittent
light sources.
(5)
Striping is permitted, may not be illuminated and is not calculated
as part of the allowable sign area.
J.
Pump signs.
(1)
Signs shall be allowed on fuel pumps so as to provide the required
information to the public regarding octane rating, price, type of
fuel, federal and state stamps, pump use directions, "no smoking"
and other general safety signs.
(2)
The trade name and any associated symbols shall be permitted on the
side of the pumps as flat signs located no more than three feet above
the ground and not to exceed one square foot in sign area per pump.
(3)
"Self-service," "full-service" or other information signs may identify
each pump island on the gasoline service station property. The location
of such signs shall be limited to the fuel pump or the canopy support
located at each end of the pump island or between the canopy supports
as a spandrel panel. A maximum of two such signs shall be allowed
per pump island and each sign shall not exceed two square feet in
sign area when placed on the fuel pump or when located at each end
of the pump island or between the canopy supports as a spandrel panel.
K.
Business identification signs.
(1)
One wall-mounted business identification sign, with the copy limited
to the company name and/or corporate logo, is permitted on a fuel
service station.
(2)
The sign area of the wall-mounted business identification sign shall
be 10% of the building store frontage, up to a maximum of 32 square
feet.
A.
General
provisions.
(1)
The Village/Town of Mount Kisco shall be divided into six sign districts.
The sign regulation districts shall be applicable to zoning districts
as established in the Village/Town of Mount Kisco Zoning Law.[1] Each sign district has its own set of design standards
and regulations, which are intended to be compatible with the uses,
architecture, aesthetic environment, level of business activity, and
the extent of vehicular and pedestrian traffic in each district. These
sign districts include:
(a)
Village District: includes Zoning Districts CB-1, CB-2, CN,
OC (on West Main Street), and OD.
(b)
Commercial District No. 1: includes Zoning Districts CL (on
Lexington Avenue), SC, GR, R, and OG.
(c)
Commercial District No. 2: includes Zoning Districts CL (on
North Bedford Road) and ML.
(d)
Commercial District No. 3: includes Zoning Districts GC (on
Kisco Avenue), RD, and H.
(e)
Cottage Office District: includes Zoning District OC (on Smith
Avenue).
(f)
Residential Districts: includes Zoning Districts PD, CD, RS-12,
RS-9, RS-6, RT-6, RM-5, RM-12, RM-29 and PRD.
(2)
Each business establishment shall be limited to one principal sign
of any type permitted within such district at the primary public entrance.
In the event that a business has a secondary public entrance on a
separate street frontage or parking lot, an additional sign may be
permitted at the secondary public entrance. In no event shall the
size of the additional sign exceed the size of the principal sign.
In the case of a building with more than one business establishment,
no additional (secondary) signs are permitted on any portion of the
building that is not occupied by that business establishment. In no
event will there be more than two signs on any building for any establishment.
(3)
Regulations for specific sign districts regarding maximum signboard
height, maximum signboard width, maximum sign structure height, maximum
letter height, maximum sign area, and illumination permitted are set
forth at the end of this chapter in Table 1, Permitted Sign Specifications.
(4)
The types of signs permitted and the regulation of the number, placement,
and use of signs is hereby established. No sign shall be erected unless
it conforms with the specifications for signs in that sign district,
nor shall any sign be used for any purpose or in any manner except
as permitted by the regulations for the district in which such sign
is to be located or maintained.
(5)
Except as otherwise expressly provided within this chapter, all signs
shall be appurtenant to a permitted use of the property on which such
sign is displayed.
(6)
Lettering for all occupant names in an exterior building entrance
directory and freestanding directory signs shall be of the same style,
typeface, size and color.
(7)
All ground signs and all of their elements are to be entirely located
within the metes and bounds of the property which they serve.
B.
Signs allowed
in all sign districts. In addition to signage permitted by other provisions
of this chapter, the following types, numbers, and sizes of permanent
signs shall be allowed by permit in any sign district:
(1)
Directional signage may be allowed, subject to the following conditions:
(a)
Shall not exceed an area of six square feet per sign, and shall
not be more than three feet high.
(b)
Text shall be limited to generic text providing directional
information such as "entrance" or "exit," arrows, or distance.
(c)
Shall be permanently affixed to a building or the ground.
(d)
Any illuminated signs shall be subject to review.
(2)
Signs necessary for the identification, operation, or production
of a public utility shall be in conformity with the specifications
of the sign district in which they are located.
C.
Village
District: Zoning Districts CB-1, CB-2, CN, OC (on West Main Street)
and OD.
(1)
Aesthetic goal.
(a)
The intent of sign regulations in the Village District is to
embrace the pedestrian nature of this district and to encourage signage
compatible with the scale and architectural style of the building
and to preserve and enhance the historic and architectural character
of the site and surrounding area. Creative approaches to signage are
encouraged (e.g., through the use of hand-carved or sand-blasted signs;
painted quarter-board signs; and/or three-dimensional objects.
(b)
External illumination shall be encouraged. If internally lit,
illumination shall be limited to letters, numbers and symbols only.
(2)
Sign specifications.
(a)
In addition to signage allowed by other provisions of this chapter,
the following types of permanent signs are permitted in the Village
District:
|
Type of Sign
|
|---|
|
Wall, signboard
|
|
Wall, individual letters
|
|
Projecting*
|
|
Awning/Canopy signs
|
|
Freestanding/Monument signs
|
|
Note:
* Projecting signs are only permitted as an additional means
of identifying the entrance of an establishment located in the Village
Sign District without street frontage. Internal illumination of projecting
signs is prohibited.
|
(b)
The size regulations of permanent signs allowed by permit in
the Village District are set forth in Table 1.[2]
[2]
Editor's Note: Table 1 is included at the end of this chapter.
D.
Commercial
District No. 1: Zoning Districts CL (on Lexington Avenue), SC, GR,
R and OG.
(1)
Aesthetic goal.
(a)
The intent of this district's signage goals is to recognize
the destination nature of the various businesses and the scale and
proximity of the district's buildings to the public streets and sidewalks.
(b)
External illumination is encouraged. If internally lit, illumination
shall be limited to letters, numbers and symbols only.
(2)
Sign specifications:
(a)
In addition to signage allowed by other provisions of this chapter,
the following types of permanent signs are permitted in the Commercial
District No. 1:
|
Type of Sign
|
|---|
|
Wall, sign box
|
|
Wall, signboard
|
|
Wall, individual letters
|
|
Awning/Canopy signs
|
|
Freestanding/Monument signs
|
(b)
The size regulations of permanent signs allowed by permit in
the Commercial District No. 1 are set forth in Table 1.[3]
[3]
Editor's Note: Table 1 is included at the end of this chapter.
(c)
Wall sign boxes must have a frame; the face of the box must
be matte and opaque. The sign must be backlit with stencil-cut letters,
numbers and symbols only. If a wall box sign is removed and replaced
with other signage, the exposed portion of the of the building shall
be restored to an "as-new" condition.
(d)
A box sign shall not have its interior elements exposed when
a tenant has vacated and its sign removed. The landlord/property owner
is responsible to place an opaque faceplate must be placed in the
sign box until new signage is approved.
E.
Commercial
District No. 2: Zoning Districts CL on North Bedford Road and ML.
(1)
Aesthetic goal. The intent of this district is to balance the signage
needs for the larger-scale uses therein with respect to their distances
from the public streets and sidewalks.
(2)
Sign specifications.
(a)
In addition to signage allowed by other provisions of this chapter,
the following types of permanent signs are permitted in the Commercial
District No. 2:
|
Type of Sign
|
|---|
|
Wall, sign box
|
|
Wall, signboard
|
|
Wall, individual letters
|
|
Freestanding/Monument signs
|
(b)
The size regulations for permanent signs allowed by permit in
the Commercial District No. 2 are set forth in Table 1.[4]
[4]
Editor's Note: Table 1 is included at the end of this chapter.
(c)
Wall sign boxes must have a frame; the face of the box must
be matte and opaque. The sign must be backlit with stencil-cut letters,
numbers and symbols only. If a wall box sign is removed and replaced
with other signage, the exposed portion of the of the building shall
be restored to an "as-new" condition.
(d)
A box sign shall not have its interior elements exposed when
a tenant has vacated and its sign has been removed. The landlord/property
owner is responsible for placing an opaque faceplate must be placed
in the sign box until new signage is approved.
F.
Commercial
District No. 3: Zoning Districts GC on Kisco Avenue, RD, and H.
(1)
Aesthetic goal.
(a)
The intent of this district is to bridge the varying signage
needs of these intermediate-sized yet diverse uses.
(b)
External illumination is encouraged. If internally lit, illumination
shall be limited to letters only. No illuminated sign may be erected
within 50 feet of a residential district.
(2)
Sign specifications.
(a)
In addition to signage allowed by other provisions of this chapter,
the following types of permanent signs are permitted in the Commercial
District No. 3:
|
Type of Sign
|
|---|
|
Wall, sign box
|
|
Wall, signboard
|
|
Wall, individual letters
|
|
Awning/Canopy signs
|
|
Freestanding/Monument signs
|
(b)
The size regulations of permanent signs allowed by permit in
the Commercial District No. 3 are set forth in Table 1.[5]
[5]
Editor's Note: Table 1 is included at the end of this chapter.
(c)
Wall sign boxes must have a frame; the face of the box must
be matte and opaque. The sign must be backlit with stencil-cut letters,
numbers and symbols only. If a wall box sign is removed and replaced
with other signage, the exposed portion of the of the building shall
be restored to an "as-new" condition.
(d)
A box sign shall not have its interior elements exposed when
a tenant has vacated and its sign removed. The landlord/property owner
is responsible to place an opaque faceplate must be placed in the
sign box until new signage is approved.
G.
Cottage
Office District: Zoning District OC on Smith Avenue.
(1)
Aesthetic goal.
(a)
The intent of the Cottage Office District is to encourage the
preservation of the special character of the district, which is Victorian
residential scale and design of the former residences, the tree-lined
atmosphere and countrified landscaping. All need to be perpetuated
in scale and preservation of signage.
(b)
Due to the unique character and utilization of buildings in
this district, appropriate way-finding signage shall be proposed to
direct the public from the parking area to the appropriate points
of entry of the occupants of the building. Proposed ground signs shall
be destination oriented and not intended for occupant inventories.
One ground sign shall be permitted at the street of any zoning lot
or parcel.
(c)
Illumination of signs in the Cottage Office District shall be
limited to external sources, and shall be designed so as not to provide
glare or in any way interfere with neighboring structures or residences.
Where practical, nonilluminated signs are encouraged.
(2)
Sign specifications.
(a)
In addition to signage allowed by other provisions of this chapter,
the following types of permanent signs are permitted in the Cottage
Office District:
|
Type of Sign
|
|---|
|
Freestanding/Monument signs
|
(b)
The size regulations of permanent signs allowed by permit in
the Cottage Office District are set forth in Table 1.[6]
[6]
Editor's Note: Table 1 is included at the end of this chapter.
H.
Residential
District: Zoning Districts PD, CD, RS-12, RS-9, RS-6, RT-6, RM-5,
RM-12, RM-29 and PRD.
(1)
Aesthetic goal.
(a)
Unless otherwise specifically provided in this chapter, the
following restrictions shall apply to these districts.
(b)
Signs for legal conforming and nonconforming home occupation
shall be limited to a single nonilluminated sign not to exceed 180
square inches in size.
(c)
Illumination of signs in residential districts shall be discouraged.
Any lighting used shall be limited to external sources, and shall
be designed so as not to provide glare or in any way interfere with
neighboring structures or residents.
(d)
Residential subdivision, apartment, or condominium identification
signs shall designate the subdivision or multi-tenant residential
structure(s) by name or symbol only. There may be no more than one
such sign with a maximum total area of 10 square feet in area at each
street entrance to the residential complex.
[Amended 12-5-2022 by L.L. No. 2-2023]
(2)
Sign specifications.
(a)
In addition to signage allowed by other provisions of this chapter,
the following types of permanent signs are permitted in Residential
Districts:
|
Type of Sign
|
|---|
|
Awning/Canopy signs
|
|
Freestanding/Monument signs
|
(b)
The size regulations of permanent signs allowed by permit in
the Residential Districts are set forth in Table 1.[7]
[7]
Editor's Note: Table 1 is included at the end of this chapter.
A.
No signs shall be allowed in the public right-of-way, except the
following:
(1)
Permanent signs.
(a)
Public signs erected by or on behalf of a governmental body
to post legal notices, identify public property, convey public information,
and direct or regulate pedestrian or vehicular traffic.
(b)
Bus stop signs erected by a public transit company.
(c)
Informational signs of a public utility regarding its poles,
lines, pipes or facilities.
(d)
Awnings or canopies, projecting and suspended signs projecting
over a public right-of-way in conformity with the conditions of Table
1 of this chapter[1] and insurance requirements of the Village/Town of Mount
Kisco.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(2)
Emergency signs. Emergency warning signs erected by a governmental
agency, a public utility company, or a contractor doing authorized
or permitted work within the public right-of-way.
B.
Other signs forfeited. Any signs installed or placed on public property,
except in conformance with the requirements of this chapter, shall
be forfeited to the public and subject to confiscation. In addition
to other remedies hereunder, the Village shall have the right to recover
from the owner or person placing such a sign the full costs of removal
and disposal of such signs.
A.
All permanent signs installed after the effective date of this chapter
shall be photographically recorded by the Building Inspector.
B.
All internally illuminated signs shall be constructed in conformance
with the Standards for Electric Signs (U.L. 48) of Underwriters Laboratories,
Inc. and bear the seal of Underwriters Laboratories, Inc.; or if such
sign does not bear the Underwriters Laboratories label, the sign shall
be inspected and certified by a municipally recognized electrical
inspection firm. All transformers, wires and similar items shall be
concealed. All wiring to freestanding signs shall be underground.
C.
All signs shall be designed and constructed to withstand a wind pressure
of not less than 30 pounds per square foot of surface area. Positive
and negative pressures must be considered.
D.
All signs, including wall-mounted and projecting signs, shall be
securely anchored and shall not swing or move in any manner.
E.
All signs, sign finishes, supports and electric work shall be maintained
in original condition and shall be kept clean, neatly painted, and
free from all hazards, such as, but not limited to faulty wiring,
and loose supports, braces, guys, and anchors.
F.
Materials used for sign construction shall meet safety criteria,
including but not limited to flammability and shatter resistance.
G.
All signs shall be painted and/or fabricated in accordance with the
highest quality standards.
H.
All signs shall be maintained in good structural condition, in compliance
with all building and electrical codes, and in conformance with this
code, at all times.
I.
When an existing sign is removed from a building or other structure,
the exposed portions of the building or structure shall be repaired
and restored in accordance with the current condition of the surrounding
facade prior to any other sign, including a temporary sign, being
erected.
[Amended 12-5-2022 by L.L. No. 2-2023]
J.
Where it is permitted as a type of sign within a district, a box
sign shall not have its interior elements exposed when a tenant has
vacated and its sign has been removed. The landlord/property owner
is responsible for placing an opaque faceplate in the sign box until
new signage is approved.
A.
Application procedures. Any person desiring to procure a permit for
a permanent sign shall file a written application with the Building
Inspector. The Building Inspector shall review the application for
completeness and compliance with the Sign Law. All sections of the
application for a sign permit form shall be completed in full before
the application may be considered complete. Applications shall include
construction and mounting details, material specifications, and illumination
levels. Building canopy and/or freestanding elements shall be stamped
and certified by a NYS-licensed architect or engineer when the cost
is $20,000 or more or in the event that the Building Inspector determines
it necessary to secure the interest of public safety.
B.
Review procedures.
(1)
Applications which are determined by the Building Inspector to be
complete and fully compliant with the Sign Law shall be forwarded
to the Architectural Review Board for aesthetic review and approval.
Applications which are determined by the Building Inspector not to
be complete and fully compliant with the Sign Law shall be denied.
(2)
Applications referred to the ARB will be reviewed with respect to the requirements and intent of the Sign Law, as set forth in § 89-1 et seq.; to balance the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs; to maintain and enhance the aesthetic environment and facilitate the creation of an attractive and harmonious community; promote economic development, the nature of an applicant's business and location, suitability and appropriateness relative to location; aesthetic quality, and architectural elements of the building. The ARB may approve, deny, or grant conditional approval upon review of an application.
(3)
Referral of appeals. Applications which are denied by either the Building Inspector or the ARB for reasons other than incompleteness may be appealed to the Zoning Board of Appeals as more fully set forth in § 89-15. In the event of such an appeal, an applicant may request that a complete copy of the appeal package be referred to the ARB for its report and recommendation. Unless scheduling conflicts arise or an extension of time is expressly requested, the ARB shall submit its report and recommendations to the Zoning Board of Appeals not more than 30 days after the submission of the application for a variance or interpretation. Reasonable accommodation and planning shall be made to facilitate input from the ARB.
C.
Issuance of permit.
(1)
Sign permit. A sign permit cannot be issued until all requirements
of this chapter (including ARB approval) have been complied with and
the structural features of the sign have been approved by the Building
Inspector.
(2)
Existing nonconforming signs, permits, and terms:
(a)
A sign that would require a sign permit under this chapter that
was in existence prior to
the effective date of this chapter, and that was constructed in accordance
with other applicable laws in effect on the date of its construction,
which by reason of its size, height, location, design, or construction
is not in conformance with the requirements of this chapter shall
be issued a nonconforming sign permit if an application is made in
accordance with this chapter.
(b)
Such permit shall allow the sign(s), made nonconforming by the adoption of this chapter, to remain in place and be maintained for a period ending no later than eight years beyond the effective date of this chapter as set forth in § 89-16. Any nonconforming sign shall either be eliminated or made to conform to the requirements of this chapter on or before the expiration of this eight-year period, and such lapse of time shall be deemed sufficient to amortize the cost thereof. An existing nonconforming sign shall not be enlarged or replaced by another nonconforming sign. Any proposed change, repair, or maintenance on a nonconforming sign shall not cost more than 25% of the original value, or replacement value of the sign, whichever is less.
(3)
Installation. Installation of approved signs shall occur within 120
days of the issuance of a sign permit. If the sign installation is
not complete at the time of final inspection, the permit shall expire
and become null and void. Upon completion of installation, the Building
Inspector shall photographically record the sign.
(4)
Application fees. Each sign requiring a sign permit under this chapter
shall pay the fees in accordance with the Fee Schedule on file with
the Building Inspector. These fees shall include a fee for sign review
and approval and for a sign permit.
(5)
Expiration of sign permit.
(a)
A sign permit shall expire upon termination of business.
(b)
A sign for which a permit has expired must be removed from its
premises. If the sign is not removed within 30 days from the date
of a written notice, the Building Inspector will issue a notice of
violation. The property owner of a property where a violation exists
will not be issued another permit for a sign on this building or property
nor will a tenant or lessee be issued a permit for a sign on this
building or property until the violation is corrected.
(6)
Signs existing on effective date of this chapter.
(a)
For all signs existing in the Village prior to the effective
date of this chapter, notification will be made to the property owner
by the Building Inspector to be considered for either a conforming
sign permit or a nonconforming sign permit. Sign applications received
after the above date shall be subject to all of the terms and conditions
of this chapter.
(b)
Sign permit applications to replace any existing signs rendered
nonconforming by the amendment of this chapter shall be exempt from
the initial fees adopted under authority of this chapter but not from
any subsequent sign permit fees.
A.
Procedures. Any person aggrieved by the granting or denial of an application for a sign permit by the Building Inspector or ARB may make an appeal to the Zoning Board of Appeals. All requests must be filed with the Zoning Board of Appeals within 30 days of the decision of the Building Inspector or ARB. The procedures set forth herein shall be in addition to the procedures for referrals and recommendation procedures set forth in § 89-14B.
(1)
Standard of review. In acting on any appeal, the Board of Appeals
shall possess the same discretionary authority that it possesses for
zoning appeals, and shall, after proceeding in the same manner provided
for zoning appeals and with the same power and authority, reverse,
affirm or modify and affirm the actions of the ARB or Building Inspector.
On appeal from such decision or determination from the ARB or Building
Inspector, the Board of Appeals shall have the discretionary power
to grant variances in accordance with Village Law § 7-712-b,
so that substantial justice may be done and the public interest secured.
(2)
Consultation with other boards. The Board of Appeals may, in its
discretion, solicit the advice and consultation of the ARB, Planning
Board, or any other involved or interested board, official or employee
in considering and acting upon any appeal hereunder.
B.
Conditions. In approving variances, the Zoning Board of Appeals may require such conditions as will, in its judgment, secure substantially the purposes described in § 89-1.
C.
Fees. All applications submitted for appeal shall be required to
pay an equivalent application fee to a residential Zoning Board of
Appeals application.
A.
All nonconforming signs, awnings and canopies with a replacement
cost of less than $250 shall be removed or made to conform within
two years of the effective date of this chapter.
B.
Unless an earlier removal is required by Subsection C below, all other nonconforming signs, awnings and canopies may be maintained for the periods set forth in the following amortization table, beginning on the receipt of notification from the Building Inspector as described in § 89-14.
|
Sign, Awning or Canopy Replacement Cost
|
Permitted Years from Effective Date
|
|---|---|
|
$250 to $1,500
|
3
|
|
$1,501 to $3,500
|
4
|
|
$3,501 to $10,000
|
6
|
|
More than $10,000
|
8
|
C.
In the event of any disagreement between the sign, awning and canopy
owner and the Building Inspector as to the cost of the sign, awning
and canopy, the Building Inspector's determination of such cost shall
be binding.
Subject to the limitations imposed by § 89-16, a nonconforming sign, awning and canopy may be continued and shall be maintained in good condition as required by this article, but it shall not be:
A.
Structurally changed to another nonconforming sign, awning and canopy.
B.
Structurally altered to prolong life of the sign, awning and canopy,
except to meet safety requirements.
C.
Altered in any manner that increases the degree of nonconformity.
D.
Reestablished after damage or destruction if the estimated cost of
reconstruction exceeds 50% of the estimated replacement cost as determined
by the Building Inspector.
E.
Continued in use when a conforming sign, awning or canopy or sign,
awning and canopy structure shall be erected on the same parcel or
unit.
F.
Continued in use when the structure housing the occupancy is demolished
or requires renovations the cost of which exceeds 50% of the assessed
value of the structure.
G.
Continued in use after the structure containing the occupancy has
been vacant for six months or longer.
Notwithstanding any provision of this chapter, the Village Manager, in his/her sole discretion, may grant an extension from the terms of § 89-16 for up to one additional year where he/she finds such additional period of time is necessary in order to avoid substantial financial hardship not caused by the petitioner and such extension is not contrary to the public interest. Extensions may be granted where warranted, but may only be granted for a maximum of two one-year periods.
Any of the following shall be a violation of this chapter and
shall be subject to the enforcement remedies and penalties provided
for herein by the Code of the Village/Town of Mount Kisco and by the
state law, when applicable:
A.
To install, create, erect, or maintain any sign in a way that is
inconsistent with any plan or permit governing such sign or the lot
on which the sign is located.
B.
To install, create, erect, or maintain any sign requiring a permit
without such a permit.
C.
To fail to remove any sign that is installed, created, erected, or
maintained in violation of this chapter or for which a sign permit
has lapsed.
D.
Each day of a continued violation shall be considered a separate
violation when applying the penalty portions of this chapter.
A.
Any person committing an offense against any provision of this chapter or violating any provision or requirement of any statement, site plan, application, permit or certificate approved under the provisions of this chapter shall be punishable as provided in § 1-17B of this Code.
B.
In addition to the permittee, the record owner of the premises shall
also be responsible for compliance with all of the requirements of
this chapter, and it is no defense that the culpable action or failure
to act may have been done by others. The foregoing notwithstanding,
any person who commits or takes part or assists in a violation or
who maintains any building or premises in which any such violation
exists shall be guilty of a violation.
C.
Written notice of any alleged violation of this chapter shall be
given by mail or personal service to the permittee and record owner
of the premises at least five days prior to the commencement of any
proceeding to enforce any provision of this chapter. Written notice
shall not be required where in the judgment of the Building Inspector,
the alleged violation constitutes a threat to life, health or safety.
D.
If in the opinion of the Building Inspector a sign is considered
to be a safety hazard, written notice shall be given to the permittee
and record owner of the premises to remove the sign within three consecutive
calendar days. If the sign is not removed by the end of the third
day, the Building Inspector shall be authorized to cause the sign
to be removed, and all expenses incurred by the Village shall be charged
to the permittee, building owner, or land owner.
E.
In the case of a sign that, in the opinion of the Building Inspector,
poses an immediate danger to the public health or safety in violation
of § 51-19F of this Code, the Building Inspector shall have
the authority to cause the sign to be removed summarily and without
further notice, and all expenses shall be charged to the permittee,
building owner, or land owner.
F.
Each and every day that a violation continues shall constitute a
separate offense.
G.
Each provision of this chapter is hereby readopted without substantive
change by local law, pursuant to the Municipal Home Rule Law of the
State of New York. The provisions of this chapter, and the provisions
establishing penalties for violating this chapter set forth elsewhere
in this Code, shall supersede the provisions of the Village Law to
the extent that they are inconsistent therewith.
H.
All such remedies provided herein shall be cumulative. To the extent
that state law may limit the availability of a particular remedy set
forth herein for a certain violation or a part thereof, such remedy
shall remain available for other violations or other parts of the
same violation.
The provisions of this chapter shall be deemed to constitute
the minimum standards for the protection and promotion of the public
health, safety and welfare. The provisions of this chapter are not
intended to interfere with, abrogate, or supersede any other statutes,
rules, regulations or local laws, provided that whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted statutes, regulations, rules or local laws, the most
restrictive, or those which impose the highest standards, shall govern.
If any section, subsection, phrase, sentence, or other portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
This chapter is effective upon the date of adoption by the Board
of the Village/Town of Mount Kisco.
