[Adopted 6-12-1978 by L.L. No. 5-1978[1]]
[1]
Editor's Note: This local law also repealed
former Art. I, Signs, adopted 8-30-1948 by Ord. No. 8, as amended.
The purpose of this article is to regulate existing
and proposed outdoor advertising and outdoor signs of all types. It
is intended to protect property values, create a more attractive,
economic and business climate and enhance and protect the physical
appearance of the community. It is further intended hereby to reduce
sign or advertising distractions and obstructions in order to promote
and protect the public health, welfare and safety of the people.
This article may hereafter be known and cited
as the "Sign Law."
As used in this article, the following terms
shall have the meanings indicated:
Any sign related to a business service or profession conducted
upon the premises where such sign is located.
Square foot area of the surface of the sign bearing the advertising.
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign.
Any sign independently supported and not attached to a building.
The outer surface of a building that fronts on a public thoroughfare.
Any sign containing an electrical lighting device, including
reflective signs.
Any electrical lighting device so arranged as to illuminate
a sign.
Any person, firm, partnership, association, corporation,
company, institution or organization of any kind.
Any sign supported by the roof of a structure or building.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public.
Any sign mounted on the exterior of a building.
Whenever in this article there is a reference
to the area of a sign, such area shall be determined by measuring
the vertical times the horizontal length of the visible face thereof.
The structure supporting a sign shall not be included in determining
the area of the sign, unless said supporting structure is designed
in a way to form an integral background for the display.
The prohibitions contained in this section shall
apply to all signs and all use districts, regardless of designation,
in the Village of Valley Stream.
A.
Illumination. Any illuminated sign or lighting device
shall employ only lights emitting a light of constant intensity, and
no sign shall be illuminated by or contain flashing, intermittent,
rotating or moving light or lights. In no event shall an illuminated
sign or lighting device be so placed or so directed as to permit the
beams and illumination therefrom to be directed or beamed upon a public
street, highway, sidewalk or adjacent premises so as to cause glare
or reflection that may constitute a traffic hazard or nuisance.
B.
Projecting signs. Any sign extending more than 16
inches beyond the face of any building shall hereafter be prohibited.
C.
Signs on roofs. Roof signs shall be prohibited.
D.
Portable or temporary signs. No portable or temporary sign shall be placed on the front or face of a building or on any premises, except as provided in § 72-7.
E.
Banners, posters, etc. Banners, posters, pennants,
ribbons, streamers, spinners or other similar moving, fluttering or
revolving devices shall be prohibited, except by special permit from
the Board of Trustees.
F.
Painted signs. No sign shall be painted on any exterior
walls of any building or structure, fence or retaining wall or roof
of any building or structure.
G.
Billboards. Billboards are prohibited.
A.
The following signs may be erected without a permit:
(1)
Residential type "for sale" and/or "for rent" signs,
which shall be limited to 24 inches by 18 inches in size.
(2)
Professional nameplates and signs denoting the names
and address of the occupants of premises, which signs shall not exceed
9 inches by 18 inches in area.
(3)
Signs denoting the architect, engineer or contractor
placed on premises where construction, repairs or renovation is in
progress, and only during the time of construction, which signs shall
not exceed six square feet in area.
B.
The following signs may be erected only with a permit:
(1)
Commercial surface-mounted signs.
(a)
Such signs shall be no more than 36 inches in
height.
(b)
Such signs may not be erected above the parapet
on a one-story building.
(c)
Such signs may not be erected higher than the
windowsills of the second-story window of buildings two or more stories
in height.
(d)
Such signs may not obstruct any portion of the
storefront window below.
(e)
Such signs may not extend more than 20 feet.
(f)
Such signs may not extend more than 16 inches
beyond the face of the building.
(g)
Signs in excess of 20 feet in length shall be
by permission of the Board of Trustees.
(2)
Commercial freestanding signs.
(a)
The top of such signs shall not exceed 16 feet
above the curb level adjacent to said sign.
(b)
The lowest bottom edge of such sign shall not
be lower than 12 feet from the ground curb level adjacent to said
sign.
(c)
The width may not exceed seven feet.
(d)
Such sign shall be freestanding and shall not
rotate around any axis.
(e)
No portion of the sign supports shall stand
closer than 2 1/2 feet from any property line, and in no event shall
any portion of the sign encroach beyond the property line, but may
be placed in a setback area.
C.
All applications for permits shall include:
All signs of portable or temporary nature, such
as political posters, banners, promotional devices and other signs
of a similar nature, may be granted a temporary permit for a period
not to exceed 90 days, provided that such signs are not attached to
fences, trees, utility poles or the like, and further provided that
such signs are not placed in a position that will obstruct or impair
vision or traffic or in any manner create a hazard or disturbance
to the health and welfare of the general public.
After the effective date of this article and
except as otherwise herein provided, no person shall erect any sign
as defined herein without first obtaining a permit therefor from the
Building Department or the Board of Trustees.
Application for the permit shall be made in
writing, in duplicate, upon forms prescribed and provided by the Building
Department and shall contain the following information:
A.
Name, address and telephone number of applicant.
B.
Location of building, structure or land to which or
upon which the sign is to be erected.
C.
A detailed drawing or blueprint showing a description
of the construction details of the sign and showing the lettering
and/or pictorial matter composing the sign; the position of lighting
or other extraneous devices; a location plan showing the position
of the sign on any building or land and its position in relation to
nearby buildings or structures and to any private or public streets
or highways, including the size of lettering with color.
D.
Written consent of the owner of the building, structure
or land to which or on which the sign is to be erected, in the event
the applicant is not the owner thereof.
E.
A copy of Fire Underwriters' Laboratories' approval.
G.
Answers to all parts of the application or it will
be returned without action.
H.
A copy of the contractor's liability insurance and
the workmen's compensation insurance policies.
[1]
Editor's Note: Former § 72-10, Fees,
was repealed 2-26-1979 by L.L. No. 7-1979.
A.
It shall be the duty of the Building Department, upon
the filing of an application for a permit, to erect a sign, to examine
such plans, specifications and other data submitted to it with the
application and, if necessary, the building or premises upon which
it is proposed to erect the sign or other advertising structure. If
it shall appear that the proposed sign is in compliance with all the
requirements of this article, the Building Department shall then,
within 30 days, issue a permit for the erection of the proposed sign.
If the sign authorized under any such permit has not been completed
within four months from the date of the issuance of such permit, the
permit shall become null and void, but may be renewed within 10 days
from the expiration thereof, for good cause shown, upon payment of
an additional fee of $5.
B.
Every sign shall bear the Village of Valley Stream
permit number in letters of no less than 1 1/4 inches in body on the
lower left comer of the sign, thus: "Village of Valley Stream Permit
No. ....."and the name of the manufacturer.
No sign, whether new or existing, shall hereafter
be erected or altered, except in conformity with the provisions of
this article. However, notwithstanding any provisions contained herein,
the sign must be kept clean, neatly painted and free from all hazards,
such as but not limited to faulty wiring and loose fastenings, and
must be maintained at all times in such safe condition so as not to
be detrimental to the public health and safety.
A.
Generally. Any sign existing on or after the effective
date of this article which no longer advertises an existing business
conducted or product sold on the premises shall be removed by the
owner of the premises upon which such sign is located after written
notice as provided herein. The Building Department, upon determining
that any such sign exists, may notify the owner of the premises in
writing to remove said sign within 15 days from the date of such notice.
B.
Unsafe or insecure signs. If the Building Department
shall find that any sign regulated by this article is unsafe or insecure
or is a menace to the public, it shall give written notice to the
named owner of the sign and/or the named owner of the land upon which
the sign is erected, who shall remove or repair said sign within seven
days from the date of said notice. If the sign is not removed or repaired,
the Building Department shall revoke the permit issued for such sign,
as herein provided, and may remove or repair said sign and shall assess
all costs and expenses incurred in said removal or repair against
the land or building on which such sign was located. The Building
Department may cause any sign which is a source of immediate peril
to persons or property to be removed summarily and without notice.
In the event that a sign is erected prior to
the effective date of this article, which sign does not conform with
the provisions and standards of this article, the requisite permit,
as provided herein, shall be granted for every such sign or other
advertising structure for a period of time not exceeding five years
from the effective date of this article, and thereafter all such signs
must be in compliance with this article.
Any person aggrieved by any decision of the Building Department relative to the provisions of this article or the Village of Valley Stream may appeal such decision to the Zoning Board of Appeals as provided in Chapter 99, Zoning, and shall comply with all procedural requirements prescribed by such Zoning Board of Appeals. No exceptions to this law shall be granted by the Zoning Board of Appeals unless all of the conditions of the Zoning Board of Appeals as set forth under Article XXV of the Valley Stream Zoning Code are met and complied with.
[Amended 9-17-2018 by L.L. No. 16-2018]
Every violation of this provision, upon conviction, shall be
punishable by a fine not exceeding $2,500 and/or 15 days in jail for
each such offense.
