[Amended 4-28-1980]
This chapter shall be known as the "1977 Sign Ordinance of the City of Peekskill, Westchester County, New York."
[HISTORY: Adopted by the Common Council of the City of Peekskill 10-24-1977 (Ch. 254 of the 1984 Code). Amendments noted where applicable.]
The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and provide a more enjoyable and pleasing community. It is further intended hereby to reduce the sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way and curb the deterioration of the community environment. The provisions of this chapter shall govern the construction, alteration, repair and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, in respect to appearance and structural and fire safety.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A roof-like covering of canvas or duck attached to a metal frame and supported entirely from a building.
A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the lot on which such sign is situated.
The Peekskill Historic and Landmarks Preservation Board, as set forth in Chapter 322 of the City Code.
[Added 6-24-2002 by L.L. No. 2-2002]
The outer surface of a building which is visible from any private or public street or parking area.
Those signs that identify a class of products and not the name of a business or product, e.g., bank, boutique, pharmacy, restaurant, delicatessen, etc.
A sign supported by uprights or braces in or upon the ground and not attached to any part of a building.
A sign designed to project beyond the building face and perpendicular to it over a public walkway.
A geographical area of the City designated pursuant to the criteria set forth in Chapter 322 of the Peekskill City Code.
[Added 6-24-2002 by L.L. No. 2-2002]
Historic and Landmarks Preservation Board, as set forth in Chapter 322 of the City Code.
[Added 6-24-2002 by L.L. No. 2-2002]
Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.
Any sign that is affixed to or painted in the interior of a window or any sign located within three feet of the inside face of the window, which sign is designed to be visible from the exterior of the window.
A building, structure, site or object, designated pursuant to Chapter 322 of the City Code, which may or may not be located in a designated historic district.
[Added 6-24-2002 by L.L. No. 2-2002]
A high-speed thoroughfare to which access or from which egress is limited to ramps or signaled intersections.
A sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.
Any person, firm, corporation, partnership, association, company, institution or any other legal entity or any combination thereof.
[Amended 4-28-1980]
A sign which is erected, constructed or maintained on, above or as part of the roof of any building.
Any structure or part thereof or any device attached to the front face of a building or painted or represented thereon which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag, symbol or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. "Sign" includes any message, neon tube, string of lights or similar device outlining, hung from, painted upon or attached to part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing.
When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline, including such frame or outline, shall be included.
When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area of the smallest triangle, rectangle or circle within which all of the matter of which such sign consists may be inscribed.
A sign which is designed to advertise or announce a particular event or series of events, to solicit political support or to announce the availability for sale of a particular item or items which will be available for a limited period.
A sign which is attached directly to the building and is parallel to that part of the building to which it is attached.
[Amended 6-24-2002 by L.L. No. 2-2002; 6-24-2019 by L.L. No. 3-2019]
A.
It shall be unlawful for any person to erect, alter, redesign, relocate, reconstruct or maintain, or cause to be erected, altered, redesigned, relocated, reconstructed or maintained, within the corporate limits of the City, any sign or signs without first having obtained and paid for and having in force a permit therefor from the Director of Public Works, except in those areas designated by the Common Council of the City of Peekskill as special historical, architectural, improvement or design districts, or for ground or freestanding signs, a permit may be obtained only after having first received approval from the Director of Planning, Development and Code Enforcement. In a designated local historic district or for a local landmark, review and approval is conducted by the HLPB only. An application must be made to and approval received from the HLPB according to Chapter 322 of the Code of the City of Peekskill.
B.
Application for a sign permit shall be made on a form provided by the Director of Public Works, and in an historic district or for a landmark, on a form provided by the Director of Planning, Development and Code Enforcement, which application shall include necessary sketches and supporting information indicating location of sign, size, colors, type of lettering or other graphic representation and materials to be used, electrical or gas equipment, details of its attachment and hanging. In addition, such sign application shall be accompanied by a fee as designated in the City's fee schedule,[1] and the written consent of the owner or lessee of the property upon which such sign is to be erected and maintained.
C.
Following formal submission to the Director of Public Works or the Director of Planning, Development and Code Enforcement, the application shall be approved or disapproved within 15 days, except where such sign permit application is part of a site plan application. In the latter case, such sign or signs shall be acted upon as part of the site plan review process, if the application is not in an historic district or for a landmark. In an historic district or for a landmark, the application shall be approved or disapproved by the HLPB within 30 days of certification of a complete application, or within such additional time period as the Board and the applicant may agree.
D.
Appeal from permit denial. Any person who, upon any application for a permit for any sign located outside the local Historic District and not on a local landmark, as provided in Subsection A, feels aggrieved by the decision of the Director of Public Works or the Director of Planning, Development and Code Enforcement may appeal to the Planning Commission from such ruling or decision, and the Planning Commission may affirm, reverse or modify such ruling or decision of the Director of Public Works or the Director of Planning, Development and Code Enforcement upon a finding of substantial compliance with provisions of this chapter, including the guidelines for sign review provided in § 468-6B, and that strict application creates practical difficulties. Within a local historic district or on a local landmark, an appeal from the denial of a permit by the Director of Public Works or the Director of Planning, Development and Code Enforcement as specified herein shall be directed to the HLPB. In the case of a denial of a certificate of appropriateness for a sign by the HLPB in an historic district or for a landmark, the applicant may apply to the HLPB for relief based on economic hardship according to Chapter 322 of the City Code. If economic hardship relief is denied by the Board, the applicant may appeal to the Zoning Board of Appeals for a review based on the Board's evaluation and procedure, and whether the applicant was afforded due process. The applicant must establish an escrow account and make an initial deposit, as specified in § 275-20, for the cost of consultant services required to review and process applications.
E.
Issuance of sign construction permit. Upon approval of the application by the Director of Public Works, the Director of Planning, Development and Code Enforcement, the HLPB, or the Planning Commission, the Director of Public Works shall issue a permit for the construction of such sign.
F.
Issuance of final permit for operation and maintenance. The applicant shall, upon completion of the installation, relocation, repair or alteration, notify the DPW, who shall cause an inspection to be made, and if such sign has been constructed, relocated, altered or repaired in accordance with the construction permit, he shall issue a final permit for operation and continued maintenance of such sign.
A.
Unsafe and unlawful signs. If the DPW shall find that any sign regulated herein is unsafe or insecure or is a menace to the public, or, following the effective date of this chapter, has been erected in violation of the provisions of this chapter, he shall give written notice to the permittee thereof. If the permittee fails to move or alter the sign so as to comply with the standards herein set forth within 14 days after such notice and by authorization of the Common Council, such sign may be removed or altered to comply by the DPW or his authorized agent at the expense of the permittee or owner of the property upon which it is located. The DPW shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The DPW may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
B.
Abandoned signs.
(1)
Any sign which advertises, identifies or pertains to an activity no longer in existence shall be removed by the owner of the property within 30 days from the time the activity ceases to exist. This provision does not apply to seasonal activities during the regular periods in which they are closed.
(2)
If the owner fails to remove or cause to be removed such sign within 30 days after written notice by the DPW, the latter is authorized to remove such sign and assign the cost of such removal to the property owner.
C.
Illuminated signs. A sign illuminated by electricity or equipped in any way with electric devices or appliances shall conform with respect to wiring and appliances to the regulations of the National Board of Fire Underwriters and shall bear the stamp of said Board.
D.
Limitation of sign content or copy. All signs shall have displayed thereon only the name and nature of the business and products available or activity for which the building or premises is used, except that any such signs used in connection with or to advertise a place of amusement may have displayed thereon the name and nature of the amusement attraction.
E.
Ground (freestanding) signs.
(1)
Ground or freestanding signs shall be permitted only in industrial districts and in business districts zoned C-3 [except as indicated in Subsection E(2), (3), (4) and (5) below] if the building or use served by the sign is set back at least 15 feet from the front property line. Only one such sign shall be permitted for each street frontage of a business structure. Setback requirements shall be established by the Director of Planning, Development and Code Enforcement, based on the individual site's relation to traffic movement, visual impact on adjoining properties and, where applicable, the provisions of § 468-6B. The top of such sign shall be limited to 20 feet from the ground, except that any sign higher than 20 feet must be approved by the Planning Commission and its safety certified by a licensed engineer or architect in accordance with the standards of the New York State Uniform Fire Prevention and Building Code. The bottom of the sign shall be no lower than nine feet from the ground and the sign area shall be no larger than 32 square feet. Such signs shall be freestanding with no guy wire or bracing. All ground signs shall be located within property lines, and the location and illumination of such signs shall not block the view of or otherwise interfere with official traffic signs and signals or other permitted signs.
[Amended 4-28-1980]
(2)
A freestanding sign identifying the occupants of a medical clinic or professional office building shall be permitted in any district where such uses are permitted. The top of such sign shall be no higher than five feet from the ground and the area no larger than 20 square feet and such sign may be erected with two poles, provided that all other requirements of this section are satisfied.
(3)
A ground or freestanding sign identifying a shopping mall or plaza shall be permitted in a C-1 District and shall be subject to review by the Planning Commission. In reviewing such signs the Planning Commission shall be guided by provisions of this chapter.
(4)
In industrial districts and business districts zoned C-1, one identification sign at each point of access to the lot shall be permitted. Said signs shall not exceed an area of three square feet. Internal directional signs shall also be permitted and shall not exceed two square feet in area.
(5)
Ground or freestanding generic signs shall be permitted in the Central Commercial District, provided they are part of an overall downtown improvement plan as approved by the Common Council and are reviewed by the Director of Planning, Development and Code Enforcement as specified in § 468-4 of this chapter. In an historic district or for a landmark, ground signs require review and approval by the HLPB as specified in Chapter 322.
[Amended 6-24-2002 by L.L. No. 2-2002]
F.
Interior signs. A permanent interior sign shall not cover more than 10% of each window upon which or in which it is affixed, displayed or painted. Temporary interior signs used to advertise products shall not cover more than 25% of each window in which they are displayed.
G.
Marquee signs. Signs shall not be permitted on any marquee except in a commercial district, provided such signs are built into and form a part of the structure of the marquee. Such signs shall not exceed a height of three feet and shall not extend beyond the edge of the marquee.
H.
Wall signs.
(1)
Wall signs, as defined in this chapter, shall only be attached to the building face in a plane parallel to such building face; shall not extend or project more than 12 inches over the sidewalk, street or highway, and, if extended greater than three inches, shall be at least eight feet above the outside grade; and shall not extend higher than the top of the parapet in case of one-story buildings; and in the case of other buildings, they shall not extend more than 20 feet above the outside grade. No wall sign on any single building face in a business or industrial district, including interior signs, shall exceed an area equivalent to three times the linear length of the structure on such building face. Where an establishment for which signs are permitted has more than one building face visible from any private or public street or parking area, such as a corner building or building with a side or rear parking lot, signs shall be permitted on each building face up to the maximum permitted for each such face.
(2)
No sign shall exceed three feet in height.
(3)
Not more than one sign shall be permitted for each tenant on each building face.
(4)
Wall signs shall not cover wholly or partially any wall opening, including doors, fire escapes and windows, nor project beyond the ends of the wall to which such sign is attached. All such signs must be safely and adequately attached to said building wall by means satisfactory to the DPW.
I.
Hanging signs. Hanging signs are prohibited in all districts except as permitted in Subsection L(3).
J.
Billboards and roof signs. Billboards and roof signs are prohibited in all zoning districts except as provided in Subsection M.
K.
Temporary signs. The erection, installation or maintenance of temporary signs, as defined in § 468-3, is exempt from the provisions in this section of the code, except as follows:
[Amended 9-14-2015 by L.L. No. 6-2015]
(1)
Temporary signs on public property. No person shall display or post any temporary sign on or over any public property in the City of Peekskill.
(2)
Temporary signs on private property.
(a)
Temporary signs shall not require approval from the Director of Planning, Development and Code Enforcement, the Historic and Landmarks Preservation Board, or the Planning Commission.
(b)
No temporary sign shall be placed in a position that will obstruct or impair vision and traffic or in any manner create a hazard or disturbance to the health and safety of the general public.
(c)
Size. Temporary signs shall be no larger than six square feet in area in residential zones, and 12 square feet in commercial zones. Such signs may be double faced.
(d)
Height. A temporary sign shall not extend more than 3.5 feet above ground level measured at the location where the sign is installed, except if it is affixed to a building.
(e)
Time limits. A temporary sign may be erected a maximum of 45 days prior to a particular event or series of events and shall be removed within seven days after the particular event or series of events.
(f)
Illumination. Temporary signs shall not be illuminated.
L.
Exemptions. The provisions and regulations of this chapter shall not apply to the following signs; provided, however, said signs shall be subject to the requirements of Subsection A on unsafe and unlawful signs and Subsection B on abandoned signs:
(1)
Bulletin boards or signs not over 16 square feet in area for public, charitable or religious institutions where the same are located on the premises of said institutions.
(2)
A sign not exceeding 16 square feet in area denoting the architect, engineer and contractor when placed upon public property where work is under construction. Such signs shall have the written approval of the Director of Planning, Development and Code Enforcement with regard to length of time that the sign can be maintained.
(3)
Name and number plates and professional signs in any district not more than two square feet in area.
(4)
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or similar material.
M.
Special permits.
(1)
Where a parcel in any C-1, C-1A, C-2, C-3, M-1, M-2 or M-3 District is located within 250 feet of a limited access road, the Common Council is hereby authorized to issue, upon application, a special permit for the erection, alteration or relocation of a sign not meeting the requirements of the regulations contained in this chapter.[1]
(2)
The special permit shall be issued in accordance with the procedures of § 575-57A through E of Chapter 575, Zoning, of the Code of the City of Peekskill, provided that the Common Council by resolution finds that:
(a)
The reasonable use of the parcel for business purposes is adversely affected by reason of its proximity to and relation to the limited access road.
(b)
The proposed sign or signs will materially aid the business establishments to offset the adverse effect of the proximity and relation to the limited access road.
(c)
The reasons for which the permit is issued, and under such conditions as the Common Council may deem desirable to apply thereto, will be in harmony with the general purpose and intent of this chapter and will not be injurious to the surrounding area and will not change the general character thereof.
(3)
Prior to taking any action on the application, the Common Council shall submit the application to the Planning Commission for its review and recommendation at its next regularly scheduled meeting. In an historic district or for a landmark, the Common Council shall submit the application to the HLPB rather than the Planning Commission for its review and recommendation.
[Amended 6-24-2002 by L.L. No. 2-2002]
(4)
The issuance of such a permit shall not be deemed to exempt such a sign or signs from all provisions of this chapter except those specifically enumerated in the permit.
(5)
The special permit shall expire upon the sale of the business or building. The new business or owner shall be required to meet the requirements of this chapter or obtain a special permit in the manner prescribed above.
A.
The following prohibitions and general restrictions shall apply in all zoning districts:
(1)
No sign of any type shall be permitted on a residential structure in any zoning district except as permitted in § 468-5L(3). Projecting signs and roof signs shall be prohibited.
(2)
Standard, approved methods of constant illumination shall be permitted on ground signs and wall signs; provided, however, that the illumination is concentrated upon the area of the sign so as to prevent direct glare upon the street or adjacent residential property. Flashing signs are prohibited, as well as any signs containing intermittent or moving illumination, except for clocks and customary time-and-temperature devices.
(3)
Except for holiday seasons or grand openings as approved by the Common Council, no sign or part thereof shall consist of pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices.
(4)
A sign shall not be suspended from or attached to an awning.
(5)
All ground signs shall be designed according to generally accepted engineering practice to withstand wind pressure applied to the projected exposed area allowing for wind from any direction of 30 pounds per square foot.
(6)
Signs noting that a property has been sold are prohibited.
B.
Guidelines for sign review. In reviewing applications for sign permits, the Director of Planning, Development and Code Enforcement, the HLPB, and the Planning Commission shall be further guided by the following criteria:
[Amended 6-24-2002 by L.L. No. 2-2002]
(1)
Signs should be a subordinate part of the streetscape rather than the dominant features. Properly designed signs add interest to building facades without overpowering them.
(2)
To the extent possible, adjacent signs on the same or adjoining buildings should be placed within the same horizontal band and be of reasonably harmonious materials and colors
(3)
Adjacent signs should be of the same height from the ground and should be as low as practical.
(4)
All signs should be as small and discrete as possible.
(5)
The number of signs should be limited to as few as practical.
(6)
Lettering should be as small as possible but shall not exceed three feet in height; the sign should have as few words as possible.
(7)
All signs shall be incidental, customary to and commonly associated with the principal use.
(8)
Garish colors, lights, materials or gimmicks should be avoided or used only in the most carefully limited and exceptional circumstances. Earthtone colors should be encouraged and, whenever possible, natural material such as wood or iron should be utilized.
A.
Any sign of a type not permitted by this chapter or which exceeds the maximum size permitted herein by 10% at the time of adoption of this chapter shall be removed within three years of the adoption of this chapter, except for nonconforming signs painted on the surface of a building, which signs shall be removed within one year of the adoption of this chapter. This section shall not be construed to permit a time extension for signs that are nonconforming with the 1960 Zoning Ordinance.
B.
A nonconforming sign shall not be structurally repaired or enlarged and shall be removed if the Director of Public Works declares it unsafe. The relettering, planting or decorating of such signs shall be permitted, but any sign once removed for purposes other than relettering, painting or decorating shall be deemed permanently removed and may be replaced only in accordance with the provisions of this chapter.
[Amended 6-24-2019 by L.L. No. 3-2019]
C.
Any sign legally erected and legally existing which becomes a nonconforming sign as a result of the enactment of this chapter or as a result of any amendment thereof shall either be removed or made to conform not later than three years from the effective date of this chapter or such amendment, except as may otherwise be provided in such amendment, or except for signs painted on the surface of a building that are now nonconforming as a result of the enactment of this chapter, which signs shall be removed within one year from the effective date of this chapter.
Any person violating any provisions of this chapter shall be liable, upon conviction, to a fine or penalty not exceeding $50 for each offense, and each day or fraction of a day that a violation continues shall constitute a separate offense after notice of the existence of such violation shall be given.