Eagle claimed huge sign visible from Queensboro Bridge was not an accessory sign. The Eagle Electric Manufacturing Company, in 1936, constructed a 1,950 square foot sign on the rooftop of its plant located at 23-10 Queens Plaza South, Queens. The plant is located in the M1-9/R9 Special Long Island City Mixed Use zoning district and within 200 feet of the Ed Koch Queensboro Bridge. Eagle ceased operations in 2000; the plant where the sign is located is currently vacant. In 1999, the sign was leased to Atlantic Outdoor Advertising, Inc. and has since been used to advertise different products. (more…)
Illustration: Jeff Hopkins.
Sign installation in New York City triggers regulations governing location, size, illumination, and construction. The New York City Building Code and the New York City Zoning Resolution are the two main bodies of law governing signs in New York City. The Building Code regulates the construction and maintenance of signs, such as permissible construction materials, and is primarily concerned with public health and safety. The Zoning Resolution, while implicating issues of public health and safety, also encompasses aesthetic considerations. Restrictions on the size, height, surface area, and illumination of a sign are intended to promote a distinctive look in that zoning district, while striking a balance between the desires of society and the rights of property owners. For example, an illuminated sign that may be a desirable tourist attraction in Times Square, becomes a nuisance in a residential neighborhood.
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175 Grand Street, Brooklyn
Company argued that two promotional contest signs installed at bodega were accessory signs. On September 9, 2010, the City’s Department of Buildings issued four notices of violation to Contest Promotions NY LLC for two signs installed at the New Grocery and Deli located at 175 Grand Street in Brooklyn. Contest Promotions is a promotional company that works with businesses to promote contests and sweepstakes. The sign featured advertisements for the Nikita television program and the Topman clothing store. Directly above the advertisements, each sign featured small text for a promotional contest that read, “Free posters, while supplies last – Enter here to win great prizes.” Two NOVs charged violations of the City’s zoning resolution for installing advertising signs in an area where such signs were prohibited. The other two NOVs charged violations of the City’s building code for illegally installing signs without a building permit while acting as an unregistered outdoor advertising company.
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Illegal signs on 598 Broadway. Credit: LPC
Owner of 598 Broadway and Colossal Media Group repeatedly installed advertising signs without Landmarks’ approval. On May 4, 2012, the New York City Law Department and the Landmarks Preservation Commission announced that 598 Broadway Realty Associates and Colossal had reached a settlement agreement with the City to remove the existing illegal signs on the building facade facing Houston Street and to pay $225,000 in civil fines. According to the Law Department, this was the first lawsuit filed against an owner of a landmarked building for failing to obtain a sign permit. It is also the highest fine paid by an owner for failing to obtain a sign permit from Landmarks. As part of the settlement, Colossal also agreed to either remove or legalize signs on other buildings under Landmarks’ jurisdiction. These buildings, including 343 Canal Street, 438 Broome Street, 59 Grand Street, and 60 Grand Street, are all within the SoHo-Cast Iron Historic District.
New York State Supreme Court Justice Barbara Jaffe had issued a preliminary injunction ordering removal of the signs on November 14, 2012 (read CityLand’s coverage here). The settlement terminates the litigation.
Press Release: City Nets Record Settlement from Sign Company and Building Owner Who Repeatedly Installed Illegal Wall Signs on Landmarked Building, New York City Law Department Press Release, May 4, 2011.
- 598 Broadway. Image: Cityland.
Landmarks alleged that building owner and sign company repeatedly installed advertising signs without approvals. In April 1999, 598 Broadway Realty Associates Inc. obtained a permit from Landmarks to install a single advertising sign on the Houston Street-facing facade of a twelve-story building at 598 Broadway in the SoHo-Cast Iron Historic District in Manhattan. The permit was valid until April 2005. In August 1999, 598 Broadway applied to Landmarks to install a different sign, but Landmarks withdrew the application after 598 Broadway failed to provide additional information. A year later 598 Broadway submitted another application that Landmarks withdrew for the same reason.
In September 2005, a Landmarks enforcement officer observed that the 1999-approved sign had been removed and replaced with two signs bearing the logo of Colossal Inc., a company specializing in “painted wallscapes.” Landmarks issued warning letters to 598 Broadway for installing signs without permits and advised it to apply for permits within twenty days. Landmarks issued notices of violations after 598 Broadway failed to apply for permits. The signs were painted over, and Landmarks revoked the NOVs.
In late 2007 and early 2008 a member of Landmarks’ staff and a Landmarks enforcement officer observed two different signs on the building’s Houston Street facade. In February 2008, Landmarks issued Colossal Inc., which had identified itself as a tenant/lessee of 598 Broadway, a permit to remove the signs. Three days later, however, Landmarks’ staff observed a different sign on the building, and Landmarks issued another warning letter to 598 Broadway. The sign, however, was removed and Landmarks issued a notice of completion. (more…)
