Village of Lindenhurst, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 2-6-1990 as L.L. No. 4-1990 (Ch. 67 of the 1968 Code of the Village of Lindenhurst.) Amendments noted where applicable.]
GENERAL REFERENCES
Handbills — See Ch. 108, Art. II.
Zoning — See Ch. 193.

§ 151-1 Purpose and intent.

A. 
The purpose of this chapter is to promote and protect the public health, safety and welfare of the Village of Lindenhurst by regulating existing and proposed outdoor advertising signs and outdoor signs of all types. It is intended to aid in traffic safety, protect property values and create a more attractive economic and business climate, lessen congestion of land and air space, enhance and protect the physical appearance of the community and provide a more enjoyable and pleasing community. It is further intended hereby to reduce 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, provide more visual open space and enhance the community's appearance and attractiveness.
B. 
This chapter is intended to promote attractive signs which present their usual messages in a manner that is compatible with their surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs.

§ 151-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BOX SIGNS
Includes any illuminated rectangular, circle, oval or square construction that extends more than 1/2 inch from the surface upon which it is mounted.
[Added 12-18-2007 by L.L. No. 3-2007]
SIGN
Includes any sign, billboard, show bill, show board or sign attached to any building or structure, including ground signs, but excluding signs which are erected and maintained or required by any state, county, town or municipal government agency in the discharge of any function, duty or power.

§ 151-3 Maintenance; specifications.

A. 
All signs shall be maintained in a good state of repair and in working order and neatly painted. All projecting lighting devices, including reflectors, and all parts thereof shall be painted aluminum on the outside, except approved standard porcelain fixtures.
B. 
All electrical signs shall conform to and be maintained in accordance with the specification standards of the National Board of Fire Underwriters; and every electrical sign must be approved by the National Board of Fire Underwriters and have the approval label of said Underwriters affixed thereto before final approval to said sign shall be given under the provisions of this chapter.
C. 
All roof signs must be supported in the rafters of the structure upon which they are erected or must be supported by standard steel, three bolts of sufficient size and strength to meet the standards and specifications of the New York State Fire Prevention and Building Code.
[Amended 6-16-1992 by L.L. No. 2-1992]
D. 
Road or ground signs shall meet the following foundation specifications:
(1) 
Signs six feet to 12 feet in height shall be securely anchored in the ground by an adequate foundation to a depth of five feet.
(2) 
Road and ground signs 12 to 16 feet in height shall be securely anchored in the ground by an adequate concrete foundation to a depth of eight feet.
E. 
All signs supported by steel poles or pipe shall conform to the following specifications:
(1) 
All such signs up to a height of 10 feet shall be supported on standard three-inch pipes.
(2) 
All such signs over 10 feet in height and not exceeding 16 feet in height shall be supported on standard four-inch pipes.
F. 
Any other road or ground sign shall be erected on a pole, pipe or wooden posts of a minimum standard requirement of a four-by-four-inch wooden post or pole.

§ 151-4 Signs requiring a permit.

The following signs are allowed in any business or industrial district but require a permit:
A. 
Detached or ground signs. A sign not larger than 60 square feet may be erected, provided that it shall not exceed 16 feet in height when measured from the ground and shall advertise only the business conducted on the premises on which it is placed and only when detached from any building or structure. Signs which are multidimensional are limited to a total surface area of 60 square feet.
B. 
Wall signs. Wall signs are hereby permitted when attached or incorporated in the front, side or back of any building, provided that the same shall be facing a public street or parking lot and advertising only the business conducted in such building and, further, provided that the total area of such signs shall not exceed 300 square feet and, further, provided that none of such signs shall exceed five feet in height and project above the soffit or roof parapet and shall not in any way cover or project over any door, window or other opening of such building and, further, provided that such sign shall not project more than one foot from any such wall.
C. 
Tower signs. Attached to or incorporated in any building advertising only the business conducted in such building, subject to the following limitations:
(1) 
No tower sign shall exceed 24 feet in height nor 10 feet in width as measured from the crown of the nearest roadway.
(2) 
No tower sign shall exceed 120 square feet. The total square area is to be calculated based on the total surface of the sign. Multidimensional signs are limited to total square footage of 120 square feet for all surfaces.
(3) 
No tower electrical sign shall continue in operation beyond 12:00 midnight, prevailing time.
D. 
Roof signs. Roof signs advertising only the business conducted in such building shall be permitted, provided that such signs are located at least three feet from the front, rear or sides of the building, not exceeding 120 square feet in area and in no case shall such signs, together with the base and supports, exceed 10 feet in height, as measured from the roof level. In no event shall the overall height of the roof sign be in excess of 24 feet as measured from the crown of the nearest roadway.

§ 151-5 Noncommercial copy.

Any sign authorized by this chapter is permitted to contain noncommercial copy in lieu of any other copy.

§ 151-6 Setback requirements.

All signs permitted by this chapter shall be erected and maintained pursuant to the following setback requirements:
A. 
Not less than 10 feet from any property line when permitted pursuant to § 151-4D.
B. 
Not less than 20 feet from any property line when permitted pursuant to § 151-4A; provided, however, that, if the average front setback of existing buildings on the same side of the street within the same block is less than 20 feet, then not less than the established setback.

§ 151-7 Illuminated signs.

An illuminated sign shall comprehend any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as part of the sign proper. The application for a permit for erection of a sign in which electrical wiring and connections are to be used, if it shall comply in all other respects, shall be granted subject to the applicant's furnishing the Building Inspector, within 15 days after the completion of the construction and/or the erection of the illuminated sign, a Board of Underwriters' temporary certificate, showing that the sign has been properly installed insofar as to the wiring connections and other electrical requirements. In the event that said Underwriters' certificate is not filed with the Building Inspector within 15 days after the completion and erection of said sign, the permit therefor shall be revoked by the Building Inspector. The permanent Underwriters' certificate shall be filed in the office of the Building Inspector or the permit will be revoked.

§ 151-8 Signs over streets or sidewalks; awnings.

No person shall erect or place upon or over any street or sidewalk any sign, display, streamer or banner, any advertising or notice, except if, after application to the Village Board, permission therefor is granted upon a finding that the display therefor would not be injurious to the public safety, morality and welfare. But nothing herein contained shall be construed as prohibiting any person from erecting and maintaining adjustable awnings made of cloth with iron or tube frames and at least seven feet above the sidewalk.

§ 151-9 Portable or mobile signs.

Portable or mobile signs, including but not limited to those signs intended to stand on the ground or be attached to a trailer, shall be prohibited.

§ 151-10 Temporary signs.

A. 
Business or industrial use districts.
[Amended 6-16-1992 by L.L. No. 2-1992; 12-18-2007 by L.L. No. 3-2007]
(1) 
The use of display of temporary streamers, pennants, banners and other such devices is permitted in a business or industrial use district for a period not to exceed 30 days on each of the following occasions and subject to the following conditions and regulations:
(a) 
Upon application to the Village Board and a finding that any usual display of temporary pennants, banners, streamers or other such devices shall not be injurious to public safety, nor a detriment to the physical appearance of the community. Only two temporary permits per calendar year shall be permitted. No temporary permit shall be issued within 30 days of another temporary permit.
(2) 
All signs for which permits are required by the terms hereof shall at all times bear the assigned permit number prominently and permanently affixed on the face thereof or shall be identified by posting in a prominent place in the office or sales room on the premises a printed or typewritten table showing the permit number, description and location of such signs displayed on the premises. Failure to so affix the permit number or to identify such signs shall constitute cause for revocation of the permit by the Building Inspector, in addition to any other penalties or remedies prescribed by law.
(3) 
Permits for the use of displays under Subsection A hereof shall require a minimum fee of $50.
(4) 
One temporary sign used specifically for the purpose of announcing a "grand opening" at the subject location shall be permitted at no charge.
B. 
Residential use districts. The use or display of temporary signs, pennants, banners or other such devices is permitted in a residential use district without application to the Building Inspector for a period not to exceed 45 days and subject to the following conditions and regulations:
(1) 
No more than one such sign shall be allowed on any one piece of property.
(2) 
No sign shall be allowed if it is painted, pasted or otherwise attached to a tree or bridge or any part of a building.
(3) 
No such sign shall exceed eighteen by twenty-four (18 x 24) inches in dimension.
(4) 
Any such sign shall be securely anchored to the ground so as to not create a public hazard or nuisance.

§ 151-11 Permits and fees.

A. 
Permits required. It shall hereafter be unlawful, except as otherwise provided herein, for any person to erect, construct, alter, relocate, reconstruct, display or maintain in any business, manufacturing or industrial district any sign without first having obtained a written permit from the Building Inspector in compliance with the provisions herein. All signs shall be subject to the approval of the Building Inspector as to the structural safety thereof in conformity with reorganized engineering standards.
B. 
Application for permit.
(1) 
Any person who wishes to procure a permit must submit an application to the Building Department, accompanied by a scale drawing showing the structural members, the lettering and pictorial matter composing the sign structure, a location plan showing the position of the sign on the building, the structure or plot of land and such other information as the Building Inspector may require to show compliance with the provisions of this chapter.
(2) 
The applicant shall also present a written statement showing the name of the owner or the person in control of the building, structure or plot of land where such sign is to be located and the right of authority of the applicant to obtain a permit. No permit will be issued for any sign until the inspection of the proposed location has been made and approved. Each permit issued hereunder shall require the completion of the proposed sign within 90 days; if said sign does not receive final approval within 90 days, the permit issued therefor shall be revoked.
C. 
Fees. Except as otherwise provided, no sign permit shall be issued until the applicable fee listed below is paid to the Village of Lindenhurst as follows:
[Amended 12-18-2007 by L.L. No. 3-2007]
(1) 
All new or renewed sign permits shall require the payment of a fee by the applicant, as may be established by resolution of the Village Board.
(2) 
For signs erected prior to the issuance of a permit, the fee for such permits shall be twice the applicable amount.
D. 
Renewal. Every sign permit shall be renewed every two years upon the payment of the renewal fee, and each application for a renewal permit shall be accompanied by a certificate certifying that the sign has been inspected by the Building Inspector and found to be properly hung in a secure and safe position and, further, certifying that the sign in every way complies with the provisions of this chapter.

§ 151-12 Penalties for offenses.

[Amended 6-16-1992 by L.L. No. 2-1992; 12-18-2007 by L.L. No. 3-2007]
A. 
Any person who shall erect any sign, permanent or temporary or display any banner or other advertising device without first obtaining a permit therefor in any other manner than as herein provided or as provided by such permit shall be liable to a fine of not less than $250 nor more than the maximum amount permitted by state law for each offense.
B. 
In addition to the provisions of the foregoing subsection, the owner of any sign violating a restriction of this chapter shall be required to remove such sign within five days or to replace the same in conformity with the regulations of this chapter and, upon failure to conform to such notice or demand, shall be liable to an additional fine of not less than $250 nor more than the maximum amount permitted by a state law for each day that such sign was in violation and which remained in place after receipt of such notice.

§ 151-13 Late charges.

[Amended 12-18-2007 by L.L. No. 3-2007]
Any person who fails to pay a lawfully imposed penalty or fee pursuant to this chapter shall be liable for an additional surcharge of $10 per day for every day in excess of 14 days after receipt of a notice of violation. The total amount of the surcharge under this section shall be no more than $100 for each party or person in violation thereof.

§ 151-14 General provisions.

A. 
Directional signs for aviation purposes, painted on flat roofs, shall be permitted in any use districts.
B. 
All signs which have been heretofore erected or maintained which do not comply with the requirements of this chapter shall be made to comply or be removed.
[Amended 12-18-2007 by L.L. No. 3-2007]
C. 
In all instances where inspection of a sign is required in the discretion of the Building Inspector, the owner, the person in control of the premises upon which the sign is located or the holder of the sign permit shall provide the Building Inspector or his duly authorized agent or deputy with safe and adequate means of access to the sign, including but not limited to stairways, scaffolding or ladders.
D. 
Except as provided in the chapter hereinbefore allowed, no sign shall be erected or placed upon any premises in any use district except as approved by the Zoning Board of Appeals as a special exemption in accordance with the standards and conditions of said Zoning Board of Appeals as established under the Village Law, and the fee therefor shall be determined proportionately with the fee hereinbefore provided: $0.50 per square foot of sign area but in no event less than the minimum of $20.
E. 
Window and/or door signs of any kind or material shall not exceed 25% of the gross window and/or door space available.
[Added 12-18-2007 by L.L. No. 3-2007]
F. 
Paper, cardboard, vinyl and/or plastic signs of any kind shall be considered temporary signs and shall not be displayed more than 30 days.
[Added 12-18-2007 by L.L. No. 3-2007]
G. 
Box signs shall not be permitted. All currently permitted box-style signs shall no longer be permitted effective January 1, 2011.
[Added 12-18-2007 by L.L. No. 3-2007; amended 12-1-2009 by L.L. No. 4-2009]
H. 
All new signs and/or altered signs seeking renewal shall be subject to review and approval by the Planning Board.
[Added 12-18-2007 by L.L. No. 3-2007]