City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Yonkers 6-11-1968 by G.O. No. 20-1968. Amendments noted where applicable.]
A. 
This chapter shall be known and may be cited as the "Sign Ordinance," hereinafter referred to as "this chapter."
B. 
Findings.
[Added 3-8-1994 by G.O. No. 5-1994]
(1) 
Having received a report from City planning staff concerning the proliferation of certain signs in the City of Yonkers, the City Council of the City of Yonkers hereby finds that the existence and proliferation of billboards and similar signs along the City's thoroughfares, and on rooftops and sides of buildings, has resulted in a visual blight that detracts from the appearance and orderliness of the City, obscuring its vistas and its neighborhoods. Furthermore, a number of signs are located near existing homes and apartment buildings, lending an unsightly appearance to a number of the City's neighborhoods and undermining the quality of life of residents of those neighborhoods. Rooftop signs particularly undermine the aesthetic and architectural integrity of the cityscape.
(2) 
In addition, signs are by their nature designed to attract attention, and therefore signs placed within sight of roadways are intended to distract drivers, as well as pedestrians. Flashing, rotating and animated signs are by their nature particularly distracting. Therefore, traffic safety can only be furthered by reasonable and appropriate limitations upon signs in the City of Yonkers, which includes a number of heavily traveled avenues and parkways.
(3) 
Off-site signs, with their periodically changing content, present special aesthetic and traffic safety problems, and commercial signs constitute the overwhelming proportion of all off-site signs. In addition, owners of businesses have a unique interest in advertising the activities on the premises of their businesses, to which weight must be given. Similarly, because noncommercial permanent signs constitute a negligible proportion of the signs in the City and equitable treatment of such signs has been the subject of judicial concern, it would be inappropriate and misguided to be overly restrictive and prohibit such signs merely because other signs have been prohibited. Where such signs pose the additional problem of being rooftop, flashing, rotating or animated signs, they will be appropriately regulated.
(4) 
Therefore, pursuant to its police and zoning powers, and with due deference to the Constitutional rights of individuals and businesses, the Council hereby enacts new restrictions upon off-site signs and all rooftop, flashing, rotating and animated signs, as well as appropriate procedural modifications to the Sign Ordinance.
Unless otherwise expressly stated, the following terms, for the purpose of this chapter, shall have the meanings herein indicated:
COMPTROLLER
The Comptroller of the City of Yonkers.
CORPORATION COUNSEL
The Corporation Counsel of the City of Yonkers.
COMMISSIONER
The Commissioner of the Department of Housing and Buildings or his duly authorized representative of the City of Yonkers, who is charged hereby with the enforcement and administration of this chapter.
[Amended 7-18-1996 by L.L. No. 5-1996]
ERECT
Includes to build, construct, attach, hang, place, suspend or affix and shall also include the painting of wall signs.
ILLUMINATED SIGN
Includes any sign which has characters, letters, figures, designs or outlines illuminated or motivated by electricity.
LICENSED SIGN ERECTOR
Any sign erector licensed by the City of Yonkers to erect and maintain signs.
LOCATION
Includes any lot, premises, building, wall or any structure whatsoever upon which a sign is erected, constructed, painted or maintained.
NONCOMBUSTIBLE MATERIAL
Any material which will not ignite or actively support combustion in a surrounding temperature of 1,382° F. during an exposure of five minutes.
PERSON
Includes any nongovernmental agent, lessee, individual, firm, partnership, association, corporation, company or organization of any kind capable of being sued.
[Amended 3-8-1994 by G.O. No. 5-1994]
SIGN
Any outdoor illuminated or nonilluminated device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information or concepts of any kind to the public.
[Amended 3-8-1994 by G.O. No. 5-1994]
SIGN ERECTOR
Any person who builds, constructs, attaches, hangs, places, suspends or paints an outdoor sign.
TIME AND TEMPERATURE SIGN
Any illuminated sign or display containing illuminated numerals or symbols to show the time or temperature or both.
[Added 12-12-2017 by G.O. No. 18-2017]
UNIT
A ground signboard, roof signboard or wall signboard not exceeding 25 feet in horizontal width.
A. 
Erection. No sign shall be erected or maintained in the City of Yonkers except in conformity with the provisions of this chapter.
B. 
Permit required. It shall be unlawful for any person other than a licensed sign erector to erect, alter, relocate or remove any display within the City of Yonkers or any sign or other advertising device as defined in this chapter without first obtaining a permit from the Department of Housing and Buildings and paying the fees as required by this chapter.
[Amended 7-18-1996 by L.L. No. 5-1996]
C. 
Zoning, Building and Electrical Code provisions and restrictions. The erection of all signs shall be subject to all applicable City Zoning Ordinance restrictions and Building and Electrical Code requirements.[1] Whenever conflict exists, the most restrictive shall control; provided, however, that nothing herein shall prohibit business signs otherwise in compliance with this chapter at any location lawfully devoted to a nonconforming business use.
[1]
Editor's Note: See Ch. 43, Zoning and Ch. 56, Building and Electrical Code.
D. 
Identification. All signs hereafter erected, constructed or maintained must be plainly and permanently marked with the name of the person erecting, constructing or maintaining said sign.
E. 
Existing signs. All existing signs and billboards constructed or erected prior to the date when this chapter becomes effective shall comply with and be subject to all of the provisions of this chapter with respect to annual inspections, maintenance, safety and fees upon the passage of this chapter.
F. 
Liability. Any person occupying any vacant lot or premises by means of a ground sign or billboard, for which a permit is required, shall be subject to the same duties and responsibilities as the owner of the lot or premises with respect to keeping the same clean, sanitary, inoffensive and free and clear of all obnoxious substances and unsightly conditions on the ground in the vicinity of such ground sign or said premises for which he or she may be responsible.
G. 
Maintenance. The owner of any sign, as defined and regulated by this chapter, shall properly paint, at least once every two years, all parts and supports of said sign.
H. 
Bond and liability insurance.
(1) 
No person shall engage within the City of Yonkers in the business of outdoor advertising by means of any sign, as herein defined, until such person shall first have filed with the Commissioner a surety company bond in the penal sum of $5,000, approved as to form and sufficiency by the Corporation Counsel, conditioned upon the faithful observance of the provisions of this chapter, or of any ordinance hereafter enacted amending this chapter, and to indemnify, save and keep harmless the City of Yonkers from all damages, liabilities, losses or judgments that may be recovered against the City by reason of the negligent erection, installation, construction or maintenance of any such sign; nor shall any person cause to be erected, constructed or maintained any sign, as herein defined, until such person shall have first filed with the Commissioner a public liability and property damage insurance policy, approved as to form and sufficiency by the Corporation Counsel, in favor of the City of Yonkers, with or without another coinsured, with limits of not less than $100,000 for personal injury or death to any one person, and subject to the same limit for each person in an amount not less than $300,000 on account of one accident, and limits of $5,000 for each accident and $25,000 aggregate injury to property, arising out of the negligent erection, installation, construction or maintenance of any such sign, which said coverage in favor of the City of Yonkers may be attached by rider or endorsement to such liability policy. Said insurance requirements shall not be necessary for wall signs painted directly on an exterior wall.
[Amended 7-18-1996 by L.L. No. 5-1996]
(2) 
Said surety bond and liability policy shall be renewed annually, subject to approval by the Corporation Counsel as to form and sufficiency, and shall be for a term coextensive with the period for which the permit or license is issued or renewed as hereinafter required.
(3) 
Notwithstanding the provisions of Subsection H(1) and (2) of this section, the Corporation Counsel may, upon the recommendation of the Commissioner, approve public liability and property damage insurance policies with coverage limits less than those herein required.
[Amended 7-18-1996 by L.L. No. 5-1996]
I. 
All applications for permits and licenses pursuant to any provision of this article shall be granted or denied within 30 days of the filing of a complete application. Decisions upon such applications shall be nondiscretionary, based solely upon compliance with the explicit terms of this article and other applicable law. Appeals of denials of applications by the Commissioner may be filed within 10 days of denial with the Commissioner of Planning and Development, who shall make a decision on such appeals within 10 days of their filing.
[Added 3-8-1994 by G.O. No. 5-1994; amended 7-18-1996 by L.L. No. 5-1996]
J. 
Waiver of requirements.
[Added 9-10-1997 by G.O. No. 11-1997]
(1) 
The Yonkers City Council may by majority vote vary the dimensional requirements of this chapter upon a denial by the Commissioner of Building. Such waiver may be granted only upon a finding by the City Council that the following conditions apply:
(a) 
The sign serves a single business in a building exceeding 100,000 square feet of gross interior space.
(b) 
The site must be within the Yonkers-New York State Economic Development Zone.
(c) 
The sign may not face or impact adjacent or nearby residences.
(d) 
The sign must face and be visible from an interstate highway.
(e) 
This approval may be granted only upon demonstration that the noncomplying sign, either in size or its manner of operation or location, is considered an identifying trademark of the business entity seeking the waiver.
(2) 
The City Council may place such reasonable conditions upon any waiver from this chapter as it sees fit to limit or reduce any impacts that might emanate from the sign.
[Amended 3-25-1975 by G.O. No. 4-1975; 3-8-1994 by G.O. No. 5-1994; 7-18-1996 by L.L. No. 5-1996; 7-18-1996 by L.L. No. 7-1996; 10-26-2004 by G.O. No. 7-2004]
A. 
No person shall engage within the City of Yonkers in the business of outdoor advertising or in the business of sign erection and/or maintenance without having obtained from the Commissioner a license to conduct such business. Such license shall not be issued until after application therefor has been approved by the Commissioner. Application for a license shall be made on forms prescribed and furnished by the Commissioner, who shall examine such applicant at such time and place as he shall designate as to his qualifications and competency to ensure compliance with the terms of this chapter and other applicable law.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. 
The examination shall be conducted by the Commissioner or an agent or representative designated by him and shall be practical and elementary in character but sufficient to test the qualifications of the applicant in the most approved methods in connection with said business. Such license shall not be transferable and may be revoked by the Commissioner if the licensee violates any of the provisions of this chapter. When a license is revoked, a new license shall not be granted to the same licensee for at least 90 days.
C. 
The initial fee for such license shall be $1,000 to be paid to the Comptroller, and the license shall expire on the last day of March of the calendar year following the date of issuance. The fee for each annual renewal of such license shall be $500. If such renewal fee is paid after the expiration date, then a late fee of $200 will be assessed for a period of 60 days from the expiration date, after which a licensee must pay the initial fee of $500.
[Amended 6-20-2009 by L.L. No. 3-2009]
[Amended 3-9-1971 by G.O. No. 10-1971; 3-25-1975 by G.O. No. 4-1975; 6-28-1983 by G.O. No. 11-1983; 7-18-1996 by L.L. No. 5-1996; 7-18-1996 by G.O. No. 7-1996; 10-26-2004 by G.O. No. 7-2004; 6-20-2009 by L.L. No. 3-2009]
A. 
No sign shall be erected or structurally altered, painted, repaired or maintained by any person except as prescribed in this chapter and by a sign erector licensed hereunder and until a permit therefor shall have been issued by the Commissioner. No permit shall be granted until after an application, on forms prescribed and furnished by the Commissioner (showing the plans and specifications thereof, including dimensions, materials and details of construction or structural alterations or repair of the proposed sign), shall have been filed with and approved by the Commissioner, nor until the prescribed fee for each such permit shall have been paid to the Comptroller as follows. All permit fees are fixed and shall be paid on a per-sign basis.
(1) 
Ground, roof, pole, angle or vertical signs other than billboards:
(a) 
Installation:
[1] 
One hundred dollars plus $0.75 per square foot per face for nonilluminated.
[2] 
One hundred twenty dollars plus $0.85 per square foot per face for illuminated.
(b) 
Annual renewal fee:
[1] 
Fifty dollars plus $0.50 per square foot per face for nonilluminated.
[2] 
Fifty dollars plus $0.60 per square foot per face for illuminated.
(c) 
Structural alterations: $150.
(2) 
Billboards:
(a) 
Installation:
[1] 
For wall and ground board: $1,000.
[2] 
For roof board if permitted: $1,000.
(b) 
Annual renewal fee:
[Amended 6-1-2017 by L.L. No. 11-2017]
[1] 
For the first 24 square feet: $100.
[2] 
For each additional square foot: $4.20.
(c) 
Structural alterations: $500.
(3) 
Wall and angle signs:
(a) 
Installation:
[1] 
Seventy dollars plus $0.75 per square foot per for nonilluminated.
[2] 
Eighty dollars plus $0.85 per square foot per face for illuminated.
(b) 
Annual renewal fee:
[1] 
Fifty dollars plus $0.50 per square foot per face for nonilluminated.
[2] 
Fifty dollars plus $0.60 per square foot per face for illuminated.
(c) 
Structural alterations: $150.
B. 
When a new permit is issued for part of a year, the fee shall be the full amount of the annual fees fixed by Subsection A of this section. The permits granted by the Commissioner shall all expire on the last day of March of each year. All permits must be renewed annually on or before April 1 and the renewal fee for an entire year paid at the time of such renewal for existing signs subject to the provisions hereof. If such renewal fee is paid after the expiration date, a late fee of $200 will be imposed for the first 30 days, and a late fee of $300 will be imposed for payment made after 30 days from the expiration date. In the event that the renewal fee is not paid within 60 days, the sign shall be considered an abandoned sign for the purposes of § 47-16, and the Commissioner may order the removal of the sign in accordance with the provisions of that section. The Commissioner may refuse to renew any sign permit when, after inspection, the sign is found to be unsafe or dangerous or otherwise maintained in violation of the provisions of this chapter. No refund shall be made in case the sign is taken down, removed or destroyed after payment of the renewal fee and before the expiration of the permit.
[Amended 3-8-1994 by G.O. No. 5-1994]
A. 
The provisions and regulations of this chapter shall not apply to the following signs, provided that such signs shall be properly secured and shall be subject to §§ 47-1, 47-2, 47-8, 47-10, 47-12, 47-13 and 47-14:
(1) 
Temporary signs, not permanently attached to a building or other inherently permanent structure and not permanently affixed to the ground, provided that such signs shall be displayed for no more than 90 days and shall not exceed 16 square feet in area.
(2) 
Signs of less than two square feet in area.
B. 
Signs on the premises of entities exempt from federal taxation pursuant to 26 U.S.C. § 501(c)(3) shall be exempt from fees otherwise applicable under this article but shall be otherwise fully subject to the requirements of this article.
[Amended 3-9-1971 by G.O. No. 10-1971; 4-26-1977 by G.O. No. 6-1977; 7-18-1996 by L.L. No. 5-1996]
Except as hereinafter provided, no other types of signs shall be erected. Plans for ground signs, roof signs, vertical signs and pole signs shall be prepared and sealed by a professional engineer unless this requirement is waived by the Commissioner of the Department of Housing and Buildings.
A. 
Ground signs.
(1) 
Ground signs shall include any sign supported by two or more uprights upon the ground, with or without braces, and not attached to any building or structure.
(2) 
Ground signs constructed entirely of combustible material shall not, at any point, be over 16 feet above the average grade of the ground level at the base of the uprights and shall be permitted a height of 35 feet when constructed of noncombustible material.
(3) 
Every ground sign having an area in excess of 12 square feet shall have an open space of not less than three feet between the lower edge of such base of the uprights.
(4) 
Ground signs shall not be nearer than 10 feet to any other ground or pole sign.
(5) 
The maximum horizontal width for new signs shall be 20 feet.
(6) 
Ground signs shall be securely built, constructed and erected upon two or more posts or standards which shall be adequately anchored in the ground and braced if required.
(7) 
All posts, anchors and bracing of wood shall be treated to protect them from moisture by creosoting or other approved methods when they rest upon or enter into the ground.
(8) 
Only one ground or pole sign for the first 10,000 square feet and one ground or pole sign for each additional 5,000 square feet, with a maximum of three ground or pole signs per location, will be permitted for each corporation or enterprise for new installation.
(9) 
Every ground signboard located on a corner lot at the intersection of two streets or highways shall be set back a distance of not less than 15 feet from the corner point where the two property lines meet at said intersection.
B. 
Pole signs (formerly called "off-street signs"). A sign which is affixed to a single upright pole without guys, braces or other supporting framework shall be considered a pole sign. Such signs shall be subject to the following requirements:
(1) 
A pole sign shall not exceed 75 square feet per face, plans of this installation to be submitted by a licensed structural engineer for approval by the Commissioner.
(2) 
Only one pole or ground sign for the first 10,000 square feet and one pole or ground sign for each additional 5,000 square feet, with a maximum of three pole or ground signs per location, will be permitted for each corporation or enterprise for new installation.
(3) 
Pole signs, where located on cleared or public areas, shall have a distance of at least 10 feet between the lowest point of any trademark, sign or insignia affixed thereto and the average grade of the ground level at the base of the pole and shall not exceed 25 feet in height.
(4) 
The distance between the center line of the supporting pole and the extreme projection of any trademark, sign or insignia affixed thereto shall not exceed eight feet.
(5) 
Pole signs shall be located so that the sign does not project over a property line a distance exceeding 12 inches, provided that the lower edge of the signboard or any affixed device is a minimum of 10 feet above the average grade of the ground level at the base of the pole.
C. 
Wall signs. Any outdoor sign that shall be painted, repainted on or recessed or affixed in any manner to any wall, including parapet walls of a building, shall be considered a wall sign, except those classified as vertical or angle signs.
(1) 
Wall signs must be securely and safely attached to the wall of a building or to the supporting structure by means of corrosive-resistant metal anchors, bolts or expansion screws or by any method which may be found adequate and approved by the Commissioner.
(2) 
Wooden blocks or anchorage with wood, wire, nails or screws shall not be approved.
(3) 
A wall sign may project a distance not to exceed 12 inches from the face of its supporting structure, provided that the lowest edge of such sign or any affixed device is a minimum of 10 feet above grade.
(4) 
Except as herein provided, a wall sign or its supporting framing shall not project above the eave, parapet wall or, where there is no parapet wall, above the roof level of the building; nor shall a wall sign or its supports project at any point above the structure to which it is attached.
(5) 
A wall sign shall not be attached to any building or structure so that, in the opinion of the Commissioner, it will interfere with possible operations of the Fire Department of the City of Yonkers.
(6) 
A wall sign affixed, painted or attached to a building wall or structure shall be limited to a vertical dimension or height of four feet and not to exceed 70% of the horizontal dimension of building wall or structure on which sign is erected, painted or attached.
D. 
Roof signs. Any outdoor display sign erected, constructed, maintained or painted on or over the roof of any building with the principal supports on the roof shall be classified as a roof sign.
(1) 
A roof sign shall not be erected above the roof of any building so as to prevent free passage from one part of said roof to any other part thereof or to obstruct any openings in such roof required for legal light, ventilation or egress.
(2) 
A roof sign shall be set back a minimum of at least five feet from the front, side or rear walls of the building.
(3) 
A roof sign shall be so constructed as to leave a clear space of not less than six feet between the roof level and the lowest part of such sign, except for the structure supporting said sign.
(4) 
Every roof sign shall be constructed entirely of noncombustible materials, including the uprights, supports and braces, except that the ornamental moldings, battens, copings and railing strips and any decorative latticework may be of combustible construction. All such signs shall be so constructed as to withstand a wind pressure of not less than 30 pounds to the square foot of area subject to such pressure; and when erected upon buildings or structures not constructed entirely of fireproof materials, the bearing plates of such signs shall bear directly upon the masonry walls or upon steel girders which are supported upon the masonry walls and intermediate columns of such building or structure.
(5) 
A roof sign having a tight, closed or solid surface shall not at any point be over 20 feet above the roof level, and such sign shall not be erected on any building over six stories in height.
(6) 
The maximum length of a roof sign shall be 25 feet.
(7) 
A roof sign not having a tight, closed or solid surface may be erected on a non-fire-resistive building to a height not to exceed 20 feet above the roof level and upon a fire-resistive building to a height not to exceed 25 feet above the roof level.
(8) 
A roof sign and all supports, braces, guys and anchors thereof shall be kept in repair and, unless made of noncorroding metals, shall be thoroughly and properly painted at least once every two years.
E. 
Marquee signs. Any sign attached to or hung from any marquee shall be classified as a marquee sign.
(1) 
A marquee sign shall be maintained only in connection with a hotel or theater.
(2) 
A marquee sign shall not project beyond the supporting marquee.
(3) 
The bottom edge of any marquee sign shall be at least 10 feet above sidewalk or ground elevation.
(4) 
The marquee to which such marquee sign is to be attached shall be of a permanent nature and constructed of rigid and noncombustible materials approved by the Commissioner and shall be so designed as to provide for the additional sign(s) and snow load.
(5) 
No future installations shall be permitted.
F. 
Projecting signs.
[Amended 12-28-2011 by G.O. No. 6-2011]
(1) 
Except as hereinafter provided by Subsection F(5), no sign shall hereinafter be erected, constructed or maintained at right angles or at any angle to a building or structure, which sign extends or projects over the sidewalk, street or highway.
(2) 
The provisions of this section shall not prohibit the erection and maintenance of a sign which is affixed flat against a building or structure or of a wall bulletin, vertical sign or angle sign, provided that none of such signs shall extend or project more than 12 inches over the sidewalk, street or highway, nor shall the provisions of this section prohibit the erection, construction and maintenance of marquee signs in accordance with the provisions of § 47-7E of this chapter.
(3) 
Every projecting sign, the erection, construction or maintenance of which is permitted by Subsection F(2) of this section, shall be made of a nonflammable material. Such sign shall be at its lowest point not less than 10 feet above sidewalk level, shall be constructed and braced to withstand a horizontal wind pressure of 30 pounds for every square foot of surface exposed and shall be securely attached to the building or structure by iron or metal anchors, bolts, supports, chains, stranded cables, steel rods or expansion screws. A projecting sign may not be self-illuminated.
(4) 
A sign attached to the corner of a building or structure and parallel to the vertical line of such corner and extending over the sidewalk, street or highway shall be deemed to be a projecting sign and shall be subject to all the restrictions of this chapter pertaining to projecting signs.
(5) 
Projecting signs shall be permitted only in the D-MX, D-IRT and the South Broadway Special Districts subject to the requirements of Subsection F(3) above and the following:
(a) 
One projecting sign is permitted per ground floor use that has an entrance or front facade on a public street. For a ground floor use located on a corner, one projecting sign is permitted for each street frontage.
(b) 
Projecting signs shall be mounted on or immediately above the facade or storefront of the ground floor use. Projecting signs shall not be mounted higher on the building facade than the ground floor use that the sign is associated with.
(c) 
Projecting signs shall not project more than four feet from the face of the building to which they are attached, including the area between the sign and the face of the building.
(d) 
Projecting sign areas are limited to a maximum area of eight square feet.
(e) 
Projecting signs shall be constructed from nonflammable, durable materials such as sheet metal, resin, treated wood or other similar materials. Projecting signs shall not be constructed of awning fabric, fabric over a framework, nor shall projecting signs be self-illuminated.
G. 
Awnings. A roof-like shelter over a door or window of canvas, attached to a rigid frame and supported entirely from the wall of a building, shall be considered an awning.
(1) 
All awnings shall be securely attached to and supported by a building wall. No other means of support will be approved.
(2) 
No part of said awning or its supporting frame shall be less than seven feet above the sidewalk over which it is erected.
(3) 
Every awning shall be rolled or folded against the building wall except when serving as a protection from sun, rain or snow.
(4) 
No advertising, except the establishment name, shall be placed on any awning.
(5) 
No awning shall be erected to extend within 18 inches of the curbline.
H. 
Vertical signs. Any sign whose vertical dimension is greater than its horizontal dimension shall be considered a vertical sign.
(1) 
It shall be affixed to the front, side or rear of a structure.
(2) 
No new sign shall extend above the parapet wall or roofline.
(3) 
It shall not extend more than 12 inches beyond the building line.
(4) 
The maximum width shall not exceed 21/2 feet, and the maximum height shall not exceed 15 feet.
(5) 
All signs shall be of noncombustible material.
(6) 
The bottom edge shall be at least 10 feet above the sidewalk or ground elevation.
I. 
Angle signs. Any sign affixed at an angle rather than perpendicular to a structure shall be considered an angle sign.
(1) 
It shall be affixed to the front, side or rear wall of a structure.
(2) 
It shall not extend above the parapet wall or roofline.
(3) 
It shall not extend more than 12 inches beyond the building line.
(4) 
The maximum width of any face shall not exceed one and one-half (11/2) feet per face, and the maximum vertical dimension shall not exceed 10 feet.
(5) 
All signs shall be of noncombustible material.
(6) 
The bottom edge shall be at least 10 feet above the sidewalk or ground elevation.
J. 
Billboards. Any signboard erected, constructed or maintained in ground or on a roof or wall of a structure for the purpose of displaying outdoor advertising by means of pasting or painting posters, pictures or reading material shall be considered a billboard.
(1) 
It shall be erected in units not to exceed 25 feet in horizontal width.
(2) 
Each unit, when constructed or erected in the ground or on a roof, shall mean one sign in relation to installation, renewal and alteration fees, as provided in § 47-5.
(3) 
When erected or constructed on the wall of a building or structure, each unit shall mean one sign.
(4) 
When resting upon or entering into the ground:
(a) 
It shall not extend beyond the building or property line.
(b) 
It shall have an open space of not less than three feet between the lower edge and ground level.
(c) 
It shall be set back a distance of not less than 15 feet at any intersection of a public street or highway.
(d) 
It shall not extend more than 16 feet in height when made of combustible material and no more than 25 feet in height when made of noncombustible material.
(e) 
All posts, anchors and bracing of wood shall be treated to protect them from moisture by creosoting or other approved methods when they rest upon or enter into the ground.
(5) 
When affixed on a roof:
(a) 
It shall not prevent the free passage from one part of roof to any other part thereof nor interfere with any openings in such roof.
(b) 
It shall be set back at least five feet from the face of any front, side or rear wall.
(c) 
It shall be constructed with a clear space of not less than six feet between the lower edge and the roof level and with at least five feet clearance between the vertical supports thereof.
(d) 
It shall be of noncombustible material.
(e) 
It shall not extend more than 20 feet in height above the roof level of a non-fire-resistive building and no higher than 25 feet above the roof level of a fire-resistive building.
K. 
Time and temperature signs. Time and temperature signs are permitted subject to the following supplemental requirements:
[Added 12-12-2017 by G.O. No. 18-2017]
(1) 
Each sign shall be no greater than 15 square feet in size.
(2) 
No more than one sign may be erected per tract.
(3) 
No light bulbs used to indicate time or temperature shall have a rating greater than 40 watts incandescent or 600 lumens, whichever is less, and no reflectors shall be used in connection with such bulbs.
(4) 
No illumination shall be allowed between the hours of 10:00 p.m. and 7:00 a.m.
(5) 
No advertising, words, pictures, logos, or the like shall be permitted on the time and temperature sign.
(6) 
If the time and temperature sign is digital:
(a) 
The sign shall not change more often than once each two seconds between showing the time and the temperature.
(b) 
If the sign is showing a digital representation of an analog clock, the sweep second hand may be allowed to move each second.
(c) 
The sign shall change from time to temperature without any other apparent motion such as fades, irising or the like.
(7) 
Time and temperature signs shall count towards any maximum amount of permitted signs at the site in which it is located.
A. 
No electrified sign shall be erected without having the proper underwriters' label attached thereto.
B. 
Electrification of any sign shall be done only by an electrician licensed by the City of Yonkers, after necessary permits have been secured.
C. 
Electrification of the sign shall be of the nonflashing type.
D. 
All electrical illuminated signs with exposed tubes and/or terminals shall be at least 10 feet above the existing grade, unless the exposed tubings and/or terminals are properly protected in an approved manner.
E. 
All color lighting shall avoid the use of traffic red and traffic green; and no green or red colors shall be used in signs which, in the opinion of the Commissioner, are so located as to obscure or detract from the effectiveness or visibility of traffic control lights.
[Amended 7-18-1996 by L.L. No. 5-1996]
A. 
All signs shall be properly secured, supported and braced and shall be kept in satisfactory structural condition, clean and well-painted at all times. Every sign, its framework, braces, anchors and other supports shall be constructed of such material and in such workmanlike manner as shall make it safe, to the satisfaction of the Commissioner.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. 
Every sign hereafter erected, constructed or maintained shall be plainly marked with the name of the person erecting, constructing and maintaining such sign.
C. 
It shall be the duty of the Commissioner or his representative to inspect every sign for which a permit is required by this chapter at least once in each calendar year.
[Amended 7-18-1996 by L.L. No. 5-1996]
[Amended 11-10-1970 by G.O. No. 35-1970; 3-8-1994 by G.O. No. 5-1994; 1-28-1997 by G.O. No. 2-1997]
A. 
It shall be unlawful for any person to tack, place, post, paint, print or nail any handbill, poster, advertisement or sign of any description upon any curb, sidewalk, gutter, street, highway or public place or upon any hydrant, lamppost, tree, telephone pole, public utility pole, fence, bench, traffic signal stanchion, public building or any other item or structure in any street, or to direct or suffer or permit any servant, agent, employee or other person under his or her control to engage in such activity; provided, however, that this section will not apply to any sign or advertisement posted under the direction of the City Council or any City department or pursuant to a franchise, concession or revocable consent.
B. 
There shall be a rebuttable presumption that the person whose name, telephone number or other identifying information appearing on any handbill, poster, advertisement or sign on any item or structure described in Subsection A of this section violated this section by either tacking, placing, pasting, posting, painting, printing or nailing such illegal sign or directing, suffering or permitting a servant, agent, employee or other individuals under such person's control to engage in such activity.
C. 
No sign of any description shall be installed, erected, constructed or maintained in such a manner as to obstruct any fire escape, window or door of a building or structure, nor shall any sign be attached in any manner to a fire escape.
D. 
Any existing sign in the City of Yonkers that is subject to a lease or other agreement permitting such sign to remain on City property shall be permitted to remain only until the expiration of such agreement. Such lease or agreement shall be terminated immediately pursuant to this chapter if termination is authorized by the terms of such lease or agreement.
A. 
Any outdoor sign erected, constructed or maintained not in compliance with the provisions of this chapter shall be considered an unlawful sign.
B. 
The Commissioner shall notify the person who maintains any such unlawful sign, by mail, to correct specified violations or omissions so as to comply with this chapter or to remove such sign within a time designated by the Commissioner of the Department of Housing and Buildings. Failure to comply with such notice is in violation of this chapter. The Commissioner of the Department of Housing and Buildings may remove such sign at the owner's expense.
[Amended 4-26-1977 by G.O. No. 6-1977; 7-18-1996 by L.L. No. 5-1996]
[Amended 7-18-1996 by L.L. No. 5-1996]
Should, in the opinion of the Commissioner, any outdoor sign become dangerous or unsafe, the person owning the sign shall be notified by the Commissioner to secure and make all necessary repairs to make this sign safe and rigid. In the case of immediate danger, the Commissioner shall cause the sign to be corrected or removed, the cost of which shall be paid by the owner.
[Added 3-8-1994 by G.O. No. 5-1994]
A. 
With the exception of time and temperature signs permitted under § 47-7, no person shall newly erect or construct any sign where the sign or any part thereof periodically or intermittently flashes, rotates, moves or changes in color or form. Commencing one year from the effective date of this section, the owner or lessee of any sign existing on the effective date of this section that has been lawfully erected or constructed and maintained shall ensure that neither such sign nor any part thereof periodically or intermittently flashes, rotates, moves or changes in color or form.
[Amended 12-12-2017 by G.O. No. 18-2017]
B. 
No person shall newly erect or construct or cause to be newly erected or constructed any of the following, provided that changes in content of existing signs shall not be subject to this subsection:
(1) 
Any outdoor sign erected, constructed or maintained in the ground or on a surface of a structure and which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises and only incidentally upon the premises if at all.
(2) 
Any outdoor display sign erected, constructed, maintained or painted on or over the roof of any building or on or above any roof level of a parapet wall.
(3) 
Any outdoor sign advertising tobacco and/or alcohol products if the sign is within 1,000 feet from any public or private school, public park or place of worship.
[Added 12-10-1996 by G.O. No. 13-1996]
C. 
Signs existing on the effective date of this section that have been lawfully erected or constructed and maintained by any person, and are therefore not subject to Subsection B of this section, that are otherwise described in Subsection B(1), shall be removed not later than 10 years after the effective date of this section; provided, however, that this subsection shall not apply to any class of signs with respect to which § 74-c of the General Municipal Law or § 88 of the Highway Law explicitly requires that just compensation be paid for required removal.
D. 
Signs existing on the effective date of this section that have been unlawfully erected and/or maintained and for which new erection or construction is restricted by Subsection A or B of this section shall continue to be unlawful and shall be subject to all enforcement remedies authorized by law.
E. 
The Commissioner of Planning and Development and the Commissioner of Public Works are hereby authorized to, in their discretion, jointly order the removal of any sign existing on the effective date of this section that has been legally erected and maintained where such sign is described in Subsection B(1) of this section, provided that just compensation for such removal is determined in accordance with the provisions of Article 5 of the Eminent Domain Procedure Law and that § 502 of such law shall not be applicable in any such proceeding. Where such sign is not in an area zoned industrial or manufacturing and is not in an area which is controlled pursuant to § 88 of the Highway Law, just compensation may alternatively be paid in accordance with any table of values established by the State Department of Transportation.
F. 
An order to remove a sign pursuant to Subsection E of this section shall be made in writing, based solely upon the following criteria: aesthetic and/or traffic safety impact of the sign based upon its location and appropriateness of the location of the sign to the character of the surrounding community. In no event shall any order to remove a sign be based upon the content of or viewpoint expressed by the sign. The order shall be served by first class mail upon all persons with a property interest in the sign and shall provide for such persons to have an opportunity to comment, in writing, prior to the effective date of the order. The order may be modified or withdrawn based upon such comments.
G. 
Where this section requires the removal of a sign painted onto an existing building wall, such sign shall be painted over or otherwise removed so as to remove all traces of the sign. The Commissioner may direct the appropriate means of removing such sign, including the painting of the entire wall.
[Amended 7-18-1996 by L.L. No. 5-1996]
[Added 3-8-1994 by G.O. No. 5-1994]
Notwithstanding any other provision of this chapter, any sign otherwise permitted by this chapter may contain noncommercial images or messages in lieu of any other images or messages, regardless of whether such noncommercial images or messages relate to activity conducted upon the premises.
Those billboards known as "standardized paint bulletins" which become nonconforming by reason of the provisions of this chapter may be continued as a nonconforming use by right, provided that they:
A. 
Shall not be enlarged or extended.
B. 
Shall not be changed to another nonconforming use.
C. 
Shall not be reestablished after such nonconforming use has ceased for over one year.
[Added 4-26-1977 by G.O. No. 6-1977; amended 7-18-1996 by L.L. No. 5-1996]
A. 
Abandoned signs. Where a sign has been abandoned, the owner of the sign, or the owner of the building or premises in the sign owner's absence, shall be required to remove such sign when ordered by the Commissioner of the Department of Housing and Buildings. Such sign shall be removed within the time stipulated by the Commissioner of the Department of Housing and Buildings. If such sign is not removed by the owner of the sign, or the owner of the building or premises in the sign owner's absence, the Commissioner of the Department of Housing and Buildings shall remove the sign at the building or premises owner's expense.
B. 
After the removal of said sign, the Commissioner of the Department of Housing and Buildings shall file a certificate of the expenses thereof, together with a description of the property, including the block and lot number on the official Tax Map of the City of Yonkers, for which the expenses were made, with the City Comptroller and with the City Assessor and shall send, by registered or certified mail, to the owner, as his name appears upon the tax rolls of the City of Yonkers, a bill for the expenses incurred. Upon failure of said owner to pay to the City of Yonkers the cost of such expense by the next succeeding tax status date, the same shall be added to the tax rolls of the City of Yonkers for the next succeeding tax year and shall be considered a real estate tax due to the City of Yonkers on the parcel of property and may be enforced or collected in the same manner as all other real property taxes of the City of Yonkers.
[Amended 7-20-1995 by L.L. No. 5-1995]
[Amended 3-8-1994 by G.O. No. 5-1994; 7-20-1995 by L.L. No. 5-1995]
A. 
A violation of this chapter shall constitute a Class II offense.
B. 
If the owner and/or lessee of a sign erected, constructed or maintained in violation of this chapter fails or refuses to remove such sign after due notice by the Commissioner and an opportunity to be heard, the Commissioner may direct that City employees or agents remove such sign. The recorded expense of such removal, including but not limited to allocable gross compensation paid to City employees or moneys paid to City contractors or agents, shall be a debt recoverable from the permittee and/or owner and a lien upon the premises with respect to which the removal was performed and shall draw interest at the rate of 10% per annum until paid. In addition, the City may recover such expense by bringing an action against such owner or lessee or by pursuing any other remedy provided by law for the recovery of such expense.
[Amended 7-18-1996 by L.L. No. 5-1996]