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Village of Sleepy Hollow, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sleepy Hollow 1-23-2007 by L.L. No. 2-2007 (Ch. 46 of the 1965 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 145.
Fees — See Ch. 200.
Handbills and posters — See Ch. 240.
Property maintenance — See Ch. 310.
Zoning — See Ch. 450.
This chapter shall be known as the "Village of Sleepy Hollow Sign Law" and may be cited as such, and will be referred to as "this chapter."
The purpose of this chapter is to promote the public health, welfare and safety by regulating existing and proposed signs and interior signs placed for external observation. It is intended to protect property values and create a more attractive economic climate, to protect and enhance the physical and natural beauty of the Village by ensuring that signage is appropriate to the character of Sleepy Hollow, to reduce sign distractions and obstructions that may contribute to traffic accidents, and to reduce hazards which may be created by signs in a manner consistent with the legislative intent and purpose set forth in Chapter 450, Zoning, § 450-2, of the Code of the Village of Sleepy Hollow.
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS ESTABLISHMENT
Any premises, either separate or defined by permanent party walls within a building, with a common entrance or entrances for one or more businesses conducted therein.
ERECT
To paint, build, construct, alter, display, relocate, attach, hang, place, suspend or affix. Such term does not include maintenance and repair, but does include the repainting or refinishing of a sign in a manner which changes the color or design of a sign or any of its components.
SIGN
Any material, structure or device which is composed of letters, pictures or symbols; designed or used for the purpose of attracting, or which does attract, the attention of the public to the subject matter thereof; and either located out-of-doors on the exterior of a building or inside the building within five feet of the window or in a manner to be viewed principally by passersby. The following are definitions of specific sign types:
A. 
AWNING SIGNAny visual message incorporated into an awning attached to a building.
B. 
COPY-CHANGE SIGNA sign on which the visual message may be periodically changed.
C. 
DIRECTIONAL SIGNA sign limited to providing information on the location of an activity, business or event.
D. 
FREESTANDING SIGNA sign not permanently attached to or part of any building but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs, pylons signs and masonry wall type signs.
E. 
ILLUMINATED SIGNAny sign, including but not limited to neon, in or upon which an artificial light source is utilized in a manner to illuminate the information and graphics of the sign.
(1) 
There are four types:
(a) 
Self-illuminated, wherein the light source itself is shaped and utilized to form the sign (e.g., neon or an array of individual lamps).
(b) 
Self-illuminated (internal), wherein a translucent or opaque material which forms the sign is backlit by the light source and the light is enclosed from direct view.
(c) 
Externally illuminated (direct), wherein the sign is illuminated by a light source placed in a manner to cast light upon the sign.
(d) 
Externally illuminated (indirect), wherein the sign is illuminated by ambient light.
(2) 
All illuminated signs shall have timers controlled to turn off the light source by 2:00 a.m.
F. 
OFF-PREMISES SIGNA sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
G. 
PORTABLE SIGNA sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, structure or other sign.
H. 
PROJECTING SIGNA sign which is attached to the building wall or structure and which extends horizontally from the plane of such wall or structure, extending more than 15 inches.
I. 
REPRESENTATIONAL SIGNA three-dimensional sign built so as to physically represent the object advertised.
J. 
TEMPORARY SIGNA sign related to a single activity or event, placed for a duration of no more than 30 days.
K. 
WALL SIGNA sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall.
L. 
WINDOW SIGNA sign visible from a sidewalk, street, or other public place, painted or affixed on glass or other window material or located inside within five feet of the window.
M. 
SIGN DIRECTORYA listing of two or more business enterprises, consisting of a matrix and sign components.
N. 
STACKED PRODUCTS AND SHELVINGStacked products and shelving for the purpose of displaying products in a window are signs, as defined in this section, and are subject to the provisions herein.
O. 
TRADEMARK SIGNA sign or structure having a distinct shape which alone or in conjunction with words or symbols identifies the product intended to be advertised.
[Added 1-22-2013 by L.L. No. 1-2013]
SIGN STRUCTURE
The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angle formed between any two of the sides or projections thereof exceeds 30°, each side shall be considered a separate sign structure.
SIGN SURFACE AREA
The entire area within a single, continuous perimeter 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 area of such sign.
STREET
Any public or private way, street, avenue or road.
Prohibited signs shall be as follows:
A. 
No off-premises sign shall be allowed other than as permitted under the exempt sign provision of this chapter.
B. 
No sign shall be illuminated by or contain flashing, intermittent or rotating or moving lights.
C. 
No sign shall emit smoke, vapors, or particles, sound or colors.
D. 
No sign shall impair or cause confusion of vehicular or pedestrian traffic, in its design, color or placement. No sign shall impair visibility for motorists at a street corner or intersection of the street.
E. 
No sign or sign support shall be placed on the roof of any building.
F. 
No sign or exterior display shall consist of banners, pennants, flags, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.
G. 
No more than one illuminated sign may be located closer than five feet to a display window, and such illuminated sign shall not exceed 18 inches on any side.
H. 
Signs located in or projecting over a street, except those erected by a governmental body, are prohibited.
I. 
Exterior signs containing products or service advertising, trade names or logotypes separate from the name of the business are prohibited.
J. 
The use of vacuum plastic formed faced signs or letters is prohibited.
K. 
Portable signs, as defined by § 338-3 herein, are prohibited.
L. 
Commercial pan signs are prohibited, except for three-dimensional letters/logos.
M. 
Any illuminated tubing or strings of lights outlining roof lines, doors, windows, wall edges or architectural features of any building is prohibited.
N. 
Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instructions or directions or other information is prohibited.
O. 
Any sign that uses the word "stop" or "danger" or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is a copy or imitation of, or which for any reason is likely to be confused with any sign displayed by a public authority is prohibited.
P. 
Any sign that causes any direct glare into or upon any dwelling is prohibited.
The following types of signs may be erected and maintained without permits or fees, provided that such signs comply with the general requirements of this chapter and other conditions specifically imposed by this chapter:
A. 
Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates or erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies; religious or nonprofit organizations, not exceeding six square feet.
B. 
Flags and insignia of any government, except when displayed in connection with commercial promotion.
C. 
On-premises directional signs for the convenience of the general public, identifying public areas, fire zones, entrances and exits and similar signs, internally or externally illuminated. Business names shall be allowed, excluding advertising messages.
D. 
Nonilluminated warning, private drive, posted or no-trespassing signs, not exceeding 1 1/2 square feet.
E. 
Number and nameplates identifying residents, mounted on a house, apartment or mailbox, not exceeding one square foot in area.
F. 
Lawn signs identifying residents, not exceeding one square foot or two square feet if double-faced. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.
G. 
Private-owner merchandise sale signs for garage sales and auctions, not exceeding 1 1/2 square feet for a period not exceeding seven days.
H. 
Temporary, nonilluminated window signs and posters. Placement shall not exceed 30 days.
I. 
Holiday decorations, including lighting, which may be displayed in any district without permit until 10 days after the holiday.
J. 
At gasoline stations, as follows:
(1) 
Integral graphics or attached price signs on gasoline pumps.
(2) 
Two auxiliary signs per station, each not exceeding four square feet.
(3) 
Gas stations shall additionally be permitted two price, product or promotional signs each not exceeding 12 square feet or six square feet per side if located on the pump island or set no closer than 10 feet to the edge of the pavement, not below 10 feet above the grade nor situated so as to impair visibility for pedestrians or motorists.
(4) 
Freestanding product signs, as follows:
(a) 
A freestanding product sign shall have ten-foot vertical clearance.
(b) 
The top of a freestanding sign shall be no greater than 20 feet above the ground.
K. 
Trademark signs.
(1) 
No trademark sign or part of a trademark sign shall project over any property line.
(2) 
The top of a freestanding sign shall be no greater than 20 feet above the ground.
(3) 
A trademark sign shall be located only in the front yard and shall be no closer to side lot lines than the required side yard.
(4) 
There shall be only one trademark sign permitted on any lot regardless of the number of separate or individual businesses located on such lot.
(5) 
The maximum dimensions of trademark signs shall be three feet high by three feet wide and be eight inches deep in thickness.
(6) 
No trademark sign shall be installed on a lot containing a freestanding sign.
(7) 
The maximum height of the bottom of a trademark sign above the ground shall be 10 feet.
L. 
Directional signs for meetings, conventions and other assemblies, provided that all such signs shall be removed within 10 days after the last day of the event to which they pertain.
M. 
One sign, not exceeding six square feet, listing the architect, engineer, contractor and/or owner, on premises where construction is in progress. Such sign shall be removed promptly upon completion of the work.
N. 
Official notices or advertisements posted or displayed by or under the direction of any public officer or court officer in the performance of his/her official duties, provided that all such signs shall be removed not later than 10 days after the last day of the period for which the same are required to be displayed in order to accomplish their purpose.
O. 
Signs advertising only the name, time and place of any bona fide fair, carnival, festival, bazaar or similar event when conducted by a public agency or for the benefit of any civic, fraternal, religious or charitable cause, provided that no sign in any R District shall exceed 20 square feet in area or be displayed except on the immediate site of the event to which it pertains; no such sign in any C District shall exceed in area the maximum area of a sign permitted on the lot in that district; and provided further that all such signs shall be removed within 10 days after the last day of the event to which they pertain.
P. 
Any informational or directional sign erected by a public agency or under the authorization of a public agency.
The following regulations apply to signs in commercial districts:
A. 
Except as otherwise provided, no person shall erect or relocate any sign without first obtaining a permit from the Building Inspector. Within nine months of the effective date of this chapter, a permit shall also be obtained for any sign in existence as of the effective date of this chapter, unless specifically excluded by the exempt signs provision under § 338-5.
B. 
Signs shall be in keeping with the architectural design of the building upon which they are placed, the design of the neighboring properties and adjoining signs and the character of Sleepy Hollow.
C. 
Each business establishment shall be limited to:
(1) 
One principal sign per facade identifying the name and type of business, with a maximum of two signs in the case of a building fronting on two or more rights-of-way, except for signs for which no permit is required under § 338-5 of this chapter.
(2) 
One secondary sign identifying the name and type of business located on the front flap of an awning or on the front door, and one such secondary sign in one window of a second-floor business.
D. 
Signs shall be limited to three colors (black, white, natural finish; tints of the same color shall be considered separate colors). The return edge of the letter forms and graphic symbols shall be the same color as that of the face. Metallic, iridescent and day-glo bright colors are prohibited. Use of natural bronze, aluminum and stainless steel metals and genuine gold and silver leaf is permitted.
E. 
Dimensions of permitted signs shall be as follows:
(1) 
The maximum vertical dimensions or height of any sign affixed to a building facade shall be 24 inches, and the maximum horizontal dimension or length shall not exceed 75% of the street frontage of the business establishment upon which such sign is erected or maintained. In any case, however, the maximum horizontal dimension or length of such sign shall not exceed 20 feet on any street frontage for the same business establishment.
(2) 
For circular, oval, square or other nonrectangular signs, the total sign area shall not exceed nine square feet.
(3) 
The maximum overall height of letter groups, including upper- and lowercase letters, and graphic symbols shall be 18 inches. Where there is more than one line of letters and symbols, the combined height of the letters and symbols shall not exceed 12 inches, including the space between the lines.
(4) 
Where the design of an existing building facade incorporates a specific area for signs, the height and length of the signs shall be restricted to the dimensions of this area. Such signs may not, however, exceed maximum dimensions as stated above.
F. 
Placement of signs.
(1) 
Signs shall be placed parallel to the facade of the building; and, except for marquees of theaters in operation and awnings, no part of the sign shall project more than eight inches beyond the face of the building in any direction.
(2) 
The lower edge of a sign placed on a facade shall not be located above the level of the floor of the second story of the building upon which the sign is placed.
G. 
Temporary signs, advertising display panels, posters and similar graphic material relating to general sales and information, special events and offerings, and sales promotions may be displayed without a permit, for a duration of no more than 30 days, provided that:
(1) 
No sign shall exceed 1 1/2 square feet per display window.
(2) 
They are neatly and professionally rendered and displayed and are mounted on firm material in a true square manner.
(3) 
Not more than one such sign per display window and a maximum of four such signs per facade may be displayed at any one time.
(4) 
All such signs in this category must be dated.
(5) 
Freestanding signs must be at least three feet above ground level and less than 10 feet above ground level. Freestanding signs are prohibited on Beekman Avenue, Cortlandt Street and Valley Street due to the congested nature of these areas.
(6) 
No temporary signs, advertising display panels, posters and similar graphic material shall be posted on the exterior of buildings or structures.
H. 
Signs on accessory buildings or buildings incidental to the principal building in which the business is located shall be allowed as a portion of the total allowable sign area computed using the frontage of the principal building only.
I. 
Sign directories. An off-street shopping plaza or building housing multiple businesses or professional offices will be permitted a sign directory. Each business within the plaza/building may have a sign within the directory. They shall be equal in size and shape and shall not exceed three square feet in size. The directory sign may not exceed:
(1) 
Thirty square feet for five or fewer businesses.
(2) 
For each additional business, add five square feet.
(3) 
Total not to exceed 75 square feet.
J. 
One illuminated sign, as defined in § 338-3, identifying the name and description of the business shall be permitted on each street facade for the ground floor use of a business establishment. For a business located on two or more rights-of-way, a maximum of two such illuminated signs, one on each facade, shall be permitted.
K. 
The design and appearance of the light fixture shall be fitting and appropriately integrated with the architectural character of the building facade and that of its neighbors.
L. 
Future and proposed illuminated signs, interior. Externally illuminated signs, as defined in § 338-3, are permitted in the windows of a business establishment, if designed to identify the name and type of business. Such sign(s) may not be in addition to a sign on the building exterior, except that the name of the business may also be located on the front valance of an awning or on the front door in accordance with these regulations.
M. 
Future and proposed illuminated sign light sources.
(1) 
Light sources, with the exception of neon, shall be shielded or screened in a manner so as not to be seen by passersby from a normal viewing angle. Intense or glaring light is to be avoided.
(2) 
Light sources shall be limited to natural white incandescent or fluorescent lamps.
(3) 
Light fixtures and sources shall be designed to cause a reasonable uniform distribution of light on the full extent of the sign(s).
N. 
Signs accessory to parking areas.
[Amended 1-22-2013 by L.L. No. 1-2013]
(1) 
Signs designating entrances to or exits from a parking area shall be permitted, provided the size of any sign shall not exceed two square feet in area.
(2) 
Signs designating the identity and condition of use of parking areas shall be permitted, provided the size of any such sign shall not exceed nine square feet in area. Not more than one sign may be placed upon any property unless such property is located on a corner, in which event two such signs may be permitted, one facing each street.
The following regulations apply to signs in residential districts:
A. 
Every sign in an R District shall either:
(1) 
Be placed flat against a building, projecting not more than six inches therefrom, on the front thereof and not extending above the actual height thereof.
(2) 
Be located completely apart from the building, directly in front thereof, at a distance of not less than 15 feet from the front lot line and not exceeding five feet in height.
B. 
No sign in an R District shall be illuminated by other than indirect lighting, with the source thereof so shielded that it illuminates only the face of the sign.
C. 
The following types of signs are permitted in all R Districts:
(1) 
Name plates and identification signs.
(a) 
Signs indicating the name or address of the occupant or a permitted home occupation or profession, provided that they shall not exceed one square foot in area.
(b) 
Only one sign shall be permitted per dwelling unit except in the case of corner lots, where two such signs, one facing each street, shall be permitted.
(c) 
For multiple-dwelling structures, a single identification sign not exceeding six square feet in area.
(2) 
Sales or rental or development signs.
(a) 
Signs advertising the sale or rental of the premises upon which they are located, provided they shall not exceed six square feet.
(b) 
Not more than one such sign may be placed upon any property or erected per building in accordance with Subsection A.
(c) 
Such signs shall be promptly removed when premises are sold or rented.
(3) 
Private driveways.
(a) 
Signs indicating the private nature of a driveway, provided that the size of any such sign shall not exceed 1 1/2 square feet in area.
A. 
With the exception of any sign erected by the Village, town, county, state or other governmental authority, and all signs pertaining to traffic regulations and parking regulations, no signs, temporary or permanent, shall be located within or upon the right-of-way of any Village, town, state or county road or highway or upon any Village, town, state or other publicly owned land.
B. 
No utility pole, light pole, parking meter, structure or tree located in any public right-of-way, publicly owned land, or public easement shall be used for posting of signs.
C. 
The Superintendent of Highways shall be authorized to remove any sign placed upon any property owned by the Village of Sleepy Hollow, including but not limited to highways, parks or other public lands. Signs shall be held for a period of 72 hours; and if not claimed by the owner within the seventy-two-hour period, the Superintendent of Highways is authorized to dispose of said signs. There shall be a fee as set forth in the fee schedule included at the end of Chapter 200, Fees, for any person or organization redeeming a sign seized.
[Amended 1-22-2013 by L.L. No. 1-2013]
[Amended 1-22-2013 by L.L. No. 1-2013]
A. 
A temporary permit shall be required for each political sign. However, a political party or candidate may obtain one temporary permit for all signs, provided that the location of each sign is stated in the application.
B. 
The fee for an individual temporary political sign permit or a group temporary political sign permit shall be as set forth in the fee schedule included at the end of Chapter 200, Fees.
C. 
The maximum size of political signs in a commercial district shall be 16 square feet.
D. 
The maximum size of political signs in a residential district shall be three square feet.
E. 
Political signs may be installed no sooner than 30 days prior to the political campaign to which they apply and must be removed no later than 10 days after the election for political office for which said signs were placed.
A. 
All signs, together with all their supports, braces, hoods, guys, and anchors, shall be kept in good repair and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. The time period for correction of disrepair shall not exceed 10 days from the date of service of notice of violation, pursuant to Chapter 310, Property Maintenance, Article I, of the Code of the Village of Sleepy Hollow.
B. 
Any sign shall be designed and constructed to withstand a wind pressure load consistent with environmental conditions in the Village of Sleepy Hollow and shall comply with all applicable building codes of New York State.
C. 
All signs shall be erected, relocated or maintained so as to allow free ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape.
[Amended 1-22-2013 by L.L. No. 1-2013]
A. 
All signs and supporting structures which do not conform to the provisions of this chapter upon the date of adoption, or as subsequently amended, shall be brought into compliance within 18 months from the effective date of this chapter or subsequent amendments.
B. 
Upon and after the expiration of such 18 months, the owner of the property on which such sign is located and/or the owner of such sign shall be in violation of this chapter until the sign is removed. The Village of Sleepy Hollow may, with 30 days' prior written notice to the property and sign owner(s), remove such sign at the expense of the property and/or sign owner without further notice or further proceedings. The expense may be recovered by the Village in an action pursuant to this chapter, which shall be instituted in the appropriate court having jurisdiction over this matter.
Existing illuminated signs are those existing before the effective date of this chapter and for which a valid permit was issued.
A. 
Businesses with more than one existing illuminated sign per street facade shall remove the excess sign(s) within six months of the effective date of this chapter.
B. 
Self-illuminated product and brand name advertising signs are prohibited on the building exterior or in the window within five feet of the glass or within the interior arranged in a manner intended to be seen by passersby. Such signs shall be removed from the premises within a period of six months of the effective date of this chapter.
Except as specifically exempted by § 338-5 hereof, no sign may be erected or displayed on a building facade, awning or on or within a window without first obtaining a permit from the Building Inspector.
A. 
An application for a sign permit shall be made to the Building Inspector and shall comply with these regulations. The Building Inspector shall forward all complete applications to the Architectural Review Board for review.
B. 
An application for a sign permit shall comply with the following requirements:
(1) 
A drawing of the signs, accurately showing dimensions, with a scale of not less than one inch equals one-foot. The size and layout of the letter forms and graphics and materials, colors and thickness shall be indicated.
(2) 
Samples of each material and color to be used in the sign.
(3) 
Photographs clearly showing the building facade in its entirety and that of the immediately adjacent building. One photograph should be a close-up of where the proposed sign will be erected.
(4) 
Consent to the erection of the sign by owner of the premises on which the sign is to be erected.
(5) 
Any additional documents that the Building Inspector may request.
(6) 
An application fee must accompany each application.
Any applicant for a permit or any person who was ordered by the Building Inspector to incur expenses in connection with a sign and any person dissatisfied with any refusal order of the Building Inspector may appeal to the Architectural Review Board within 15 days from the date of such refusal, order or decision. A public hearing on any appeal shall be warned by posting notice in a newspaper at least 15 days prior to the hearing. Such notice shall contain the time, location and date of the hearing and a reasonable description of the appeals hearing.
A. 
The Architectural Review Board may vary the provisions of this chapter when in specific cases it finds:
(1) 
That enforcement would cause unnecessary hardship to the appellant due to unusual topography, building features or locations, traffic features or other such characteristics.
(2) 
That the variance is the minimum relief required.
(3) 
That the intent of this chapter is not substantially altered.
B. 
The Architectural Review Board may attach such safeguards and conditions as it considers necessary and appropriate to implement the purpose and intent of this chapter in rendering its decisions.
In rendering a decision or in rejecting an appeal, the Architectural Review Board will issue findings of fact within 45 days of the final hearing on the appeal.
The permit fees shall be determined by resolution of the Board of Trustees of the Village of Sleepy Hollow.[1]
[1]
Editor's Note: See the fee schedule included at the end of Chapter 200, Fees.
A sign permit shall be void if the sign authorized thereunder has not been erected within 180 days from the date of issuance. The owner of or applicant for said sign shall be responsible for establishing the date of erection in the issued sign permit.
A. 
The applicant shall be responsible for the occurrence of all dimensions relating to the building and the sign. In cases where the actual sign does not conform to the approved design, the applicant may be required at his/her own expense to remove, correct or replace the sign.
B. 
Signs shall be maintained in good and complete condition, with panels, letter forms and graphics firmly mounted and in true alignment and finishes in good repair.
A. 
Any sign which at any time no longer advertises a bona fide business or activity other than one being conducted on the premises on which such sign is located, or a product or service other than those offered on such premises, or which does not comply with the regulations established for the issuance of a permit pursuant to this chapter shall be deemed prohibited and shall be brought into compliance with this chapter.
B. 
If necessary, the Village of Sleepy Hollow may remove such sign(s), and the expense may be recovered by the Village in action on this chapter, which shall be instituted in the appropriate court having jurisdiction over the matter.
A. 
The Building Inspector may revoke a sign permit at any time where the sign erected or maintained thereunder violates this chapter.
B. 
Notice of such revocation and the reason therefor shall be given in writing by the Building Inspector to the person named in the application by mailing the same to him/her at his/her address as given in the application and to the last known owner of the premises on which the sign is placed by mailing the same to said owner, at the address as shown on the assessment roll of the Village and by filing a copy of said notice in the office of the Village Clerk.
A. 
The following outlines the preferred characteristics of an awning to be included in a site plan application:
(1) 
Awnings shall be of the standard, barrel or hoop design and fabricated to conform to the shape and dimensions of window and doorway openings. Other configurations shall not be permitted except where specifically necessitated by an unusual window shape.
(2) 
Awnings may be stationary or nonstationary (operable).
(3) 
Operating arms and braces shall be fully concealed from end view when the awning is in an open position.
(4) 
Awning material shall be limited to two colors. Black, white and tints of the same color shall be considered separate colors. Metallic, iridescent and other bright colors are prohibited. The awning support and finish structure, mechanism and enclosure housing shall be a neutral color, harmonious with the material of the building facade and awning fabric.
(5) 
Awning material shall be fabric. The use of metal, plastic or other rigid materials is not permitted. Fabric shall be canvas duck or vinyl-coated canvas. Solid vinyl fabric is prohibited. (The minimum weight of the fabric shall be 10 ounces per square yard for canvas, and 12 ounces per square yard for vinyl-coated canvas.)
(6) 
The minimum height from the sidewalk to any part of the awning covering or its support frame when closed or extended shall be seven feet.
(7) 
The awning, including the operating mechanism, enclosure housing (where of the nonstationary type) shall be installed in a manner which does not cover the solid wall surface or architectural features of the building facade. Generally, awnings shall be fitted and mounted within the architectural frame of the window and door openings. Any overlap of the awning onto adjoining building surfaces where necessitated by the particular characteristics of the building facade shall be limited to six inches.
(8) 
Awning enclosure housings which are integrated and recessed within the window head construction are preferred.
(9) 
Awning graphics shall be limited to the business name and property address. Phone numbers shall be prohibited on awnings.
B. 
The following shall be included with an awning application:
(1) 
A drawing accurately depicting dimensions of the storefront and the awning in fully open position at a scale of not less than one inch equals one-foot.
(2) 
A photograph clearly showing the building facade in its entirety and its relationship to immediately adjoining buildings. Photographs must be a minimum of eight inches by 10 inches in size.
[Amended 1-22-2013 by L.L. No. 1-2013]
(3) 
A sample of awning fabric and colors.
[Amended 1-22-2013 by L.L. No. 1-2013]
Any person(s) violating any of the provisions of this chapter shall be subject to penalties not to exceed $250, 15 days' imprisonment, or both, per day per violation.