Section 28-501.1
§28-501.1 Permit required. The commissioner may, in his or her
discretion, when necessary in the public interest, establish a permit
requirement for signs maintained in the areas described in this article
in accordance with the provisions of this article and the rules of the
department. On and after a date to be provided by the rules establishing
such a permit requirement, and subject to the provisions of section
28-501.6 of this code, it shall be unlawful to place or maintain a sign,
as defined in section 12-10 of the zoning resolution, on any building or
premises unless a permit for the maintenance of such sign has been
issued by the department pursuant to this article if such sign is within
a distance of nine hundred linear feet from and within view of an
arterial highway or within a distance of 200 linear feet (60 960 mm)
from and within view of a public park with an area of one half acre or
more.
Section 28-501.1.1
§28-501.1.1 Other permits notwithstanding. Where a sign maintenance
permit has been established by the commissioner pursuant to section
28-501.1 such permit shall be required for all signs maintained in the
areas described in such section 28-501.1 and not otherwise excluded
under section 28-501.6, whether or not a work permit is required and/or
has been issued for the installation, alteration or erection of such
sign pursuant to chapter 1 of this title.
Section 28-501.1.2
§28-501.1.2 Arterial highway. For the purposes of this article, the
term arterial highway shall include all highways that are shown on the
master plan of arterial highways and major streets as principal routes
parkways or toll crossings and that have been designated by the city
planning commission as arterial highways to which the provisions of
sections 42-55 and 32-66 of the zoning resolution shall apply as shown
in appendix C of the zoning resolution.
Section 28-501.2
§28-501.2 Application. Application for a permit or for the renewal of
a permit shall be made on forms to be furnished by the department and
shall contain such information as the department shall prescribe. Except
as otherwise provided in section 28-501.3, a permit shall remain in
effect for a period to be determined by rule and may be renewed. The fee
for a permit or for its renewal shall be established by rule. The
identification number of the permit shall be displayed on the sign or on
the building or premises on which the sign is located or both, in a
manner to be provided by rule.
Section 28-501.3
§28-501.3 Permit expiration. A permit issued pursuant to this article
shall expire and be of no further force or effect where:
1. In the case of a sign which is accessory to a principal use within
the meaning of section 12-10 of the zoning resolution, there has been a
discontinuance of the operation of the principal use to which such sign
is accessory, or in the event the sign is no longer in the same
ownership as such principal use or is no longer operated and maintained
substantially for the benefit or convenience of the owners, occupants,
employees, customers or visitors of the principal use;
2. In the case of any sign for which a permit has been issued pursuant
to this article, whether or not accessory to a principal use within the
meaning of section 12-10 of the zoning resolution, there has been a
change in copy which the commissioner has determined renders such sign
no longer in compliance with the zoning resolution. The commissioner
shall prescribe by rule procedures for the notification to the
department concerning changes in copy which have been made on signs for
which permits have been issued under this article. Nothing herein shall
be construed as limiting the ability of any person to apply for a new
permit pursuant to this article.
Section 28-501.4
§28-501.4 Civil penalties. Any person who places or maintains a sign
on a building or premises without an appropriate permit in violation of
this article shall be liable for a civil penalty of, for a first
violation, not more than fifteen thousand dollars and, for a second or
subsequent violation, not more than twenty-five thousand dollars. Each
day's continuance shall be a separate and distinct violation. Such civil
penalties may be recovered in an action in any court of appropriate
jurisdiction or in a proceeding before the environmental control board.
Such board shall have the power to impose the civil penalties provided
for in this article. Notwithstanding the provisions of section six
hundred sixty-six of the charter, a notice of violation issued by the
department pursuant to this section 28-501.4 shall not be subject to
review by the board of standards and appeals.
Section 28-501.5
§28-501.5 Construction. This chapter shall not be construed to grant
the right to place or maintain a sign on any building or premises where
the placement or maintenance of such sign would otherwise be prohibited
pursuant to the zoning resolution, the administrative code or any other
provision of law. No permit for a sign issued hereunder shall be deemed
to constitute permission or authorization to maintain a sign which is
unlawful pursuant to any other provisions of law nor shall any permit
issued hereunder constitute a defense in an action or proceeding with
respect to such an unlawful sign.
Section 28-501.6
§28-501.6 Exemption. The provisions of this article shall not apply
to:
1. Signs with a surface area of 200 square feet (19 m{2}) or less that
are located no higher than 3 feet (914 mm) above the floor of the second
story of the building on which the sign is located; and
2. Signs under the control of an outdoor advertising company and
included on a certified list of signs, sign structures, and sign
locations under the control of such company required to be filed with
the department pursuant to this chapter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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