[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:
The Comptroller of the City of Yonkers.
The Corporation Counsel of the City of Yonkers.
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]
Includes to build, construct, attach, hang, place, suspend
or affix and shall also include the painting of wall signs.
Includes any sign which has characters, letters, figures,
designs or outlines illuminated or motivated by electricity.
Any sign erector licensed by the City of Yonkers to erect
and maintain signs.
Includes any lot, premises, building, wall or any structure
whatsoever upon which a sign is erected, constructed, painted or maintained.
Any material which will not ignite or actively support combustion
in a surrounding temperature of 1,382° F. during an exposure
of five minutes.
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]
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]
Any person who builds, constructs, attaches, hangs, places,
suspends or paints an outdoor 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]
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.
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, or of any other change to the
permit other than the fee, may be filed within 10 days of denial or
change with the Commissioner of Planning and Development, who shall
make a decision on such appeals within 10 days of the filing of a
complete appeal.
[Added 3-8-1994 by G.O. No. 5-1994; amended 7-18-1996 by L.L. No. 5-1996; 1-26-2021 by L.L. No. 2-2021]
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.
K.
The provisions
of this chapter are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this chapter or the application
thereof to any person, establishment, or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or
application of this chapter.
[Added 1-26-2021 by L.L. No. 2-2021]
[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 $1,200 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 $600. If such renewal fee
is paid after the expiration date, then a late fee of $500 will be
assessed.
[Amended 6-20-2009 by L.L. No. 3-2009; 5-14-2019 by L.L. No. 5-2019]
[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; 6-1-2017 by L.L. No. 11-2017; 5-14-2019 by L.L. No. 5-2019]
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.
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 an additional 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 or the applicant will be required to re-file to legalize the sign and shall be assessed an additional legalization fee as described in Subsection C of this 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.
C.
In addition to the filing fee and permit fee otherwise due, a penalty
fee of two times the total permit fee otherwise due will be assessed
for any sign installed without 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 for a business, profession, activity (commercial
or noncommercial), commodity or service not on the premises where
the sign is located by means of pasting or painting posters, pictures
or reading material shall be considered a billboard.
[Amended 1-26-2021 by L.L. No. 2-2021]
(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.
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:
[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]
