[HISTORY: Adopted by the Municipal Council of the Township of Irvington 1-13-1981 by Ord. No. MC 2622 as Ch. 75, Art. II, of the 1981 Revised Code. Amendments noted where applicable.]
The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, illumination, location and maintenance of all signs and sign structures, and to encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing and to enhance the economic value of the community and each area thereof through the regulation of signs and outdoor sidewalk merchandise displays and to reduce possible traffic and safety hazards through good signing.
[Added 6-24-1997 by Ord. No. MC 3073]
No person may place any sign, poster, placard, billboard, graphic display, freestanding sign and or device that advertises cigarettes or alcohol within 500 feet of a school, park, church or community center located in the Township of Irvington.
No sign, brace or guy wire shall be attached to any fire escape or fire escape support. Signs shall not be placed nearer than two feet from the ends of a fire escape platform. No table, sign, brace or guy wire shall obstruct access to a fire escape or other means of egress from a building, such as an exit corridor, exit hallway or exit doorway. No sign shall cover up a window, doorway or other opening providing light, ventilation or exit facilities which are required by the regulations of the BOCA Building Code.
[Added 6-14-1966 by Ord. No. MC 2132]
In all residential zones as delineated and set forth on the Town Zoning Map, no sign, temporary or otherwise, in excess of eight square feet in area shall be permitted. In the interpretation of the area of the sign, the size shall be the display surface available for advertising, including decorative trim, or, in the case of individual letters, the sum of the areas of the individual rectangular box dimensions of the letters.
[Added 9-26-1967 by Ord. No. MC 2172; amended 3-12-1968 by Ord. No. MC 2186; 12-23-1968 by Ord. No. MC 2207; 4-27-1971 by Ord. No. MC 2283]
On all residential premises wherein any dwelling is occupied by not more than six families, the display of any sign stating the premises are "for sale, rent, lease, let, transfer or available," or any other words indicating that the use or possession of such premises or transfer of an interest in such premises is available to another, is prohibited unless the following standards are complied with:
Signs shall not exceed 14 inches by 24 inches in area and shall consist of black lettering on a white background, which shall state only that the property is either for sale or for rent and may contain only such legends as "inquire within," a telephone number or the name of the owner of the property.
The sign must be removed within seven days after the execution of the agreement of sale, lease, let, rent, use or possession of such premises or transfer of any interest in same.
The erection, maintenance or display of any sign marked "sold" on any structure, plot or land or any real estate is permitted within the boundaries of the Town under the following conditions:
Signs shall not exceed 22 inches by 26 inches in area.
Signs shall consist of black lettering on a white background.
Signs may contain only the word "sold," the name and address of the realtor and the telephone number of the realtor.
The sign must be removed from the structure, plot or land within 14 days after the date of the sale, transfer of use or possession.
If any sign shall become unsafe, the Building Inspector shall notify the owner or such other person as may be responsible for the maintenance of the sign, to either remove the sign or make it safe. The owner shall comply with such notice within 15 days after service of same.
All signs shall be maintained in good condition at all times. The Building Inspector shall notify the owner of any sign which may become dirty or dingy to clean, paint, repair or replace the same, as the occasion may demand. The Building Inspector shall notify the owner failing to keep an illuminated sign illuminated properly to maintain the illumination or, if the portions of the sign affording illumination are in poor repair, to repair same. The Building Inspector shall notify the owner of a poorly maintained or unsightly sign to remove same. Any person feeling aggrieved by any such order of the Building Inspector may appeal to the Municipal Council within 10 days after being so notified.
No sign overhanging the roadway area shall be maintained unless specific approval of the Municipal Council is first obtained, by resolution duly passed. Where such approval is obtained, it shall be unlawful for any person to maintain such sign without such supports as to meet the approval of the Building Inspector as to public safety.
It shall be unlawful for any person to maintain a sandwich board, merchandise table, merchandise or equipment on the public sidewalk or in any entryway.
[Amended 3-25-2019 by Ord. No. MC 3695]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- AWNING SIGN
- A light roof-like structure, supported entirely by the exterior wall of a building that consists of a fixed or movable frame covered with cloth, plastic or metal and extends over doors and/or windows with the purpose of providing protection from sun and rain and/or embellishment of the facade.
Applicability of the changes to this section.
This section applies to all new businesses within the Township of Irvington who register to do business or who otherwise open to do business after the effective date of this section.
This section applies to all existing businesses. An existing business is any business registered to do business with the Township and who is otherwise operating a business within the Township prior to the effective date of this section. Existing businesses have one year from the effective date of this section to comply with the requirements thereof.
Awning styles and specifications requirements. All awnings must adhere to the following requirements:
All awning signs shall be limited in their position to the fringe or valance. The height of letters or figures of such signs shall not exceed 10 inches. The subject matter shall cover only the name of the owner of the awning and the place and kind of business. Awnings shall have a clearance of eight feet from the sidewalk and shall be kept in good repair.
Permitted styles are shed, marquee and gable with or without sign bands. Waterfall, box, translucent and internally lit awnings are not permitted. Only street addresses using Arabic numbers are permitted on valance or at bottom of awning.
Material must be canvas, woven acrylic or similar material. Materials that are not allowed are plastic, vinyl, Mylar and other shiny materials. Egg crate undersides are also not permitted.
Only letters and numbers are allowed on the valance and must be five inches to 10 inches high and cover no more than 70% of the valance.
Only external lighting is permitted. Gooseneck lighting is preferred. Internal and backlit lighting are not permitted.
Awning should be placed within window bay of storefront. Awnings that cover the entire face of building facade are not permitted.
A specific color awning will be designated for each business corridor as determined by the Township of Irvington. As such, the color and layout of any awning must be reviewed and approved by the Township Construction Code Official.
Businesses who are franchisees and who must maintain the color of the business franchise are exempt from this requirement, however, said businesses must take all steps available to ensure that their awnings and signs are similar in style and layout to the herein requirements. Franchise businesses must also complete the required application and provide signage and awning options to the Construction Code Office for review and approval prior to selecting a style and pattern.
Any additional signage, posters, advertisement displayed on storefront windows and outside walls must be presented to the Construction Code Official for review and approval. Such signage, posters and advertisement displayed must be removed by existing businesses as per the requirements of this section if such signage or advertisement are in violation of this section.
Permit requirements and process.
No awning shall be erected or maintained unless a permit therefor shall first have been obtained from the Construction Code Official or the Department of Housing and Building Construction.
No awning of any kind shall be erected or maintained which shall extend beyond the property line and over any street or sidewalk, or public place, or any part thereof, unless a permit therefor shall first have been obtained from the Department of Housing and Building Construction and Construction Code Official after the payment of the permit application fee.
No permit for any such awning shall be issued by the Department of Housing and Building Construction unless or until the proposed awning has been reviewed and approved by the Zoning Official and Construction Code Official.
No permit for any such awning shall be issued by the Construction Code Official unless such awning is in compliance with the applicable provisions of the uniform construction codes.
No permit for any awning shall be issued by the Department of Housing and Building Construction or the Construction Code Official unless the Construction Code Official determines, after review by the Fire Official, that such awning or canopy will not interfere with firefighting equipment, and specifically, if the building or structure involved is of such height as to require the use of ladders in the event of fire, that the location and size of the awning will not interfere with the placement of such ladders, or that the awning may be quickly and easily removed in such manner as not to interfere with or delay the deployment of fire ladders.
Property owners are responsible for the complying with the requirements of this section. As such, property owners who rent out their commercial to tenants to operate businesses are responsible for ensuring that all tenants are notified and are in compliance with this section.
Prior to issuing a permit for any such awning the applicant therefor shall submit to the Construction Code Official a signed indemnification and hold harmless agreement, of a form approved by the Township Attorney, in which the applicant agrees to indemnify and hold harmless the Township of Irvington, its officers, agents and employees from any and all claims of liability, including any reasonable attorney fees, resulting from the issuance of the permit or the erection of any such awning.
Any permit granted hereunder may be revoked at any time by the Township of Irvington whenever, in the opinion of the Council of the Township of Irvington or the Construction Code Official, it would be in the best interests of the citizens of Irvington to do so. Any permit issued hereunder shall not grant to the holder thereof any permanent easement to encroach upon the street, sidewalk or other public place but rather shall only entitle the holder thereof to a revocable license.
Whenever the holder of the permit ceases to own or occupy the premises for which the permit is issued, the permit shall expire. Upon the expiration or revocation of the permit, any awning encroaching upon the street, sidewalk or other public place shall be removed. In the event the owner or occupant thereof fails to remove such awning after notice thereof is provided, the Township may remove such awning and charge the cost of such removal as a municipal lien against the property in accordance with law.
The Construction Code Official shall not issue any permit hereunder unless all of the foregoing requirements have been satisfied or unless the Municipal Council has, by resolution, approved such permit.
Application for awning permit. No permit shall be issued until the applicant therefor shall have first filed a written application on a form of which shall be maintained by the Department of Housing and Building Construction setting forth or containing the following:
Name and address of applicant.
Exact location where such awning is to be erected and maintained.
Name of the owner or lessee of the premises where such awning is to be erected and maintained.
A statement as to whether the awning is to be a permanent or temporary awning.
If the application is for a temporary awning, the date when the same will be erected and removed.
A written specification describing the kind of materials to be used, the general construction and the proposed method of anchoring the awning.
For awnings, a certificate of flame resistance from the fabric manufacturer.
Violations and penalties. Any person who violates any provision of this section shall, upon review and adjudication thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Defined. Temporary signs as regulated by this chapter shall include any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only.
Size limitations generally. No temporary sign shall exceed four feet in one of its dimensions or 100 square feet in area; provided that any such sign in excess of 60 square feet in area shall be made of rigid materials, that is, of wallboard or other light materials with frames, subject to the provisions of § 513-4.
[Amended 6-14-1966 by Ord. No. MC 2132]
Signs weighing over 50 pounds. Every temporary sign weighing in excess of 50 pounds shall be approved by the Building Inspector as conforming to the safety requirements of the Building Code of the Town.
Location restricted. No temporary sign shall prevent free ingress to or egress from any door, window or fire escape, nor shall any such sign be attached to any fire escape.
Contents. The advertising contained on any temporary sign shall pertain only to the business, industry or pursuit conducted within the premises. This provision shall not apply to signs of a civic, political or religious nature.
[Added 6-14-1966 by Ord. No. MC 2132]
Any sign now or hereafter existing which no longer advertises a bona fide future event or purpose, a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within 10 days after written notification from the Building Inspector, and, upon failure to comply with such notice within the time specified in such notice, the Building Inspector is hereby authorized to cause removal of such sign. Any person who violates this provision shall be subject to the provisions of § 513-17.
Show or display windows shall be maintained in a neat, uncluttered manner and shall not be used for the storage of merchandise or as a counter, table or rack for resale of merchandise.
Small announcement or professional signs not over one square foot in area are permitted in any district; except that a church, school, community center or other public or institutional building may have for its own use an announcement sign or bulletin board not over 12 square feet in area, which, if not attached flat against a building, shall be at least 12 feet from all street lines.
[Added 3-24-2015 by Ord. No. MC 3529]
Failure to obtain permits for signs will result in the removal of each sign. There will be a fee imposed for the removal of each sign in the amount of $100 per sign.
A permit fee of $2,500 shall be required to put up signs no sooner than 14 days prior to an election and shall be removed seven days after.
Any person, firm, corporation, limited liability company, partnership or other business entity or commercial establishment of any type whatsoever violating the provisions of this section shall, upon conviction, pay the below imposed fines:
In the event of any conflict between the provisions of this chapter and the provisions of the BOCA Building Code previously adopted, the provisions of this chapter shall prevail.