Village of Amityville, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 51-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 35.
Building construction — See Ch. 49.
Licensed businesses and occupations — See Ch. 107.
Vehicles and traffic — See Ch. 172.
Zoning — See Ch. 183.
144a Ex A Signs
[1]
Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State.

§ 144-1 Legislative intent; definitions.

A. 
The purpose of this chapter is to regulate existing and proposed signs in order to:
(1) 
Protect property values.
(2) 
Create and promote an attractive economic business climate.
(3) 
Enhance and protect Amityville's physical appearance and environment.
(4) 
Preserve the scenic and natural beauty of the Village.
(5) 
Provide a more enjoyable and pleasing community.
(6) 
Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents.
(7) 
Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.
(8) 
Avoid unconstitutional prohibitions of noncommercial speech.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
SIGN
Any structure or part thereof or any device for visual communication, either illuminated or nonilluminated, whether freestanding or attached to a building or painted or represented thereon or displayed from the inside thereof, which shall display or include any letter, word, model, banner, pennant, logo, insignia, device, trade, flag, symbol or representation which is in the nature of or which is used for the purpose of bringing the subject thereof to the attention of the public as an announcement, direction or advertisement for commercial purposes or otherwise. A "sign" includes any message and any billboard, neon tube, string of lights or similar device placed upon, outlining, hung, painted upon, displayed from within 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 subdivision or of any political, educational, charitable, civic, philanthropic, professional, religious or like campaign, drive, movement or event.

§ 144-2 Illumination.

A. 
The area, brilliance, character, degree, density, intensity, location and type of illumination shall be the minimum necessary to provide for the security of the property and the safety and welfare of the public.
B. 
All sources of illumination on front-lighted signs shall be indirect and shall be positioned so that the direct rays of such sources are cast upon the sign from in front thereof. Such sources of illumination shall also be shielded so that the direct rays therefrom are not cast upon any property other than the lot on which such illumination is situated.
C. 
Illumination on front-lighted signs shall be white, fluorescent or incandescent, steady in nature and not flashing or moving or changing in brilliance, color or intensity.
D. 
Backlighted signs shall have an opaque face; only the letters and business symbols set forth thereon may consist of translucent material which shall be made of white or colonial colors.
E. 
Backlighted signs. Illumination shall be white, steady in nature and not flashing, moving or changing in brilliance, color or intensity.

§ 144-3 Restrictions.

No types of signs shall be erected or maintained except as provided in this chapter. Billboards, whether freestanding or attached to a building or other structure, are hereby specifically prohibited in the Village of Amityville.

§ 144-4 Classification.

A. 
Wall signs. A sign painted on or recessed or affixed in any manner to any wall of a structure shall be classified as a wall sign.
(1) 
No such sign shall project above the parapet or eaves or roofline, whichever shall be the lowest part of the structure on which it is erected.
(2) 
No such sign or any part thereof shall project more than 12 inches from the wall to which it is affixed.
(3) 
The bottom edge of or any appendage to such sign shall be not less than 10 feet above grade at such sign.
(4) 
No such sign or signs shall cover wholly or partially any wall opening or project beyond the ends of the wall to which it is attached.
B. 
Freestanding signs. A sign freestanding on the ground or supported by one or more uprights upon the ground, with or without braces and not attached to a structure, shall be classified as a freestanding sign. No such sign or any part thereof shall project beyond any property line.
C. 
Window or inside signs. A sign erected or maintained in the interior of a building, visible from any public or private street or highway or any public or private parking lot or facility, shall be classified as a window or inside sign.

§ 144-5 General regulations.

A. 
A sign may be permitted only in connection with a permitted use or for constitutionally protected noncommercial messages.
B. 
Signs shall relate solely to constitutionally protected noncommercial messages or to the business or profession conducted on the premises. Such business or professional signs shall advertise only the name of the owner or lessee, the name, address and telephone number of the establishment, the type of establishment, the goods manufactured or sold or the services rendered, or any symbol, logo or icon customarily used or reasonably related to such establishment, goods or services.
C. 
No sign shall be constructed, erected or located which will obstruct the visibility with respect to the safety of the motorist or pedestrian proceeding along the public way or entering or leaving a lot.
D. 
All illuminated signs shall be illuminated by a steady source and shall contain no moving or flashing parts. The illumination, if located so as to be confused with traffic signals, shall not be green, red or orange-yellow.
E. 
No signs may be constructed, erected, provided, maintained, altered or moved on a lot on which exists a nonconforming sign, unless all signs on such lot are made to conform.
F. 
A canopy, projecting or wall business sign shall be permitted only on the front face of a structure, except that on a corner lot situated in a business district, a second wall business sign facing a side street may be permitted.
G. 
A freestanding business sign shall be located only in a front yard and no closer to side lot lines than the required side yard and shall be limited to one on a lot, unless otherwise specified in § 144-8.
H. 
No signs, except directional or traffic signs, shall be permitted on public streets or rights-of-way.
I. 
Nonilluminated directional signs are permitted in any district, provided that such sign or signs shall not exceed two square feet in area and that the number on a lot applicable to a use thereon shall not exceed the number of approved ingresses and egresses thereon.
J. 
All signs shall be compatible with the Bay Village architectural theme as to design and color, which is hereby defined to include the following:
(1) 
The following designs. (See Exhibit A at end of chapter.)
(2) 
Colors from the following paint charts:
(a) 
Benjamin Moore Paints: Historical Color Collection, Interior/Exterior.
(b) 
Pittsburgh Paints: Historic Colors.
(c) 
Turco Paint and Varnish Company: Old Sturbridge Colors.
(d) 
Equivalent colors from other manufacturers, as approved from time to time by the Planning Board.
K. 
No billboards shall be permitted.
L. 
No wind flags, wind socks or inflatable signs shall be permitted.
[Amended 1-24-2011 by L.L. No. 1-2011]
M. 
No neon-illuminated signs shall be permitted without a variation from the Planning Board.

§ 144-6 Signs in residence districts.

No sign shall be erected in any residence district, except the following:
A. 
Name signs consisting of name and address or profession.
(1) 
Number permitted: one per lot.
(2) 
Maximum area: two square feet.
(3) 
Maximum height of bottom of sign above ground level: five feet.
B. 
Real estate signs.
(1) 
Number permitted: one per lot.
(2) 
Maximum area: four square feet.
(3) 
Maximum height of bottom of sign above ground level: five feet.
(4) 
Location: at least 15 feet from the property line.
C. 
Signs conveying a constitutionally protected noncommercial message.
(1) 
Number permitted: one per lot.
(2) 
Maximum area: four square feet.
(3) 
Maximum height of bottom of sign above ground level: five feet.
(4) 
Location: at least 15 feet from all property lines.
D. 
Signs in SC Senior Citizen Residence District. No sign shall be erected in the SC Senior Citizen Residence District except one freestanding sign per parcel, which sign shall not be higher than 10 feet above ground level and shall not exceed 20 square feet, and shall contain only the name of the complex and may contain the words "for senior citizens."

§ 144-7 Signs in H Historical District.

No sign shall be permitted in the H Historical District with an area in excess of 20 square feet nor a maximum height above ground level in excess of 10 feet, and a minimum setback from the front property line of five feet.

§ 144-7.1 Signs in PM Professional-Mixed Use District.

A. 
No sign shall be erected in the PM Professional-Mixed Use District except one freestanding sign per parcel, which sign shall not be higher than 10 feet above ground level and shall not exceed 12 square feet for one office on the premises nor a total of 16 square feet if more than one office is referred to thereon.
B. 
If no signs exist on a parcel in the PM Professional-Mixed Use District, then the provisions of § 144-6 of this chapter shall apply to such parcel.

§ 144-8 Signs in business and industrial districts.

Signs erected in the business and industrial districts shall be governed by the following regulations:
A. 
Freestanding signs.
(1) 
Number permitted: one outside of every building on the lot.
(2) 
Maximum area: 40 square feet.
(3) 
Maximum height of sign above ground level: 16 feet.
B. 
Wall signs.
(1) 
Maximum permitted: one per lot, except for corner lots where one is permitted facing each street, and one additional wall sign on the rear wall for a building with a rear entrance facing a municipal parking lot.
(2) 
Size: shall not exceed an area of 1.5 square feet for each horizontal foot of the wall to which it is attached, except for rear entrance wall signs which shall have a maximum area of one square foot for each horizontal foot of the rear wall of such building.
C. 
Window signs.
(1) 
Nonpaper signs.
(a) 
Number permitted: one per window.
(b) 
Maximum area: six square feet.
(2) 
Paper or temporary signs.
(a) 
Maximum area: cumulative area of such signs not to exceed 30% of the window area in size.
(b) 
Paper or temporary signs may be placed in a window for not more than 60 consecutive days without a permit, provided that the date such signs are placed in the window shall be conspicuously set forth on the face of each sign. The Code Enforcement Officer shall also have the right to date stamp any such sign.
(c) 
The minimum size of any paper or temporary sign shall be two square feet.
D. 
Theater signs.
(1) 
Number permitted: one on the front wall of the building in which the theater is located, above the front entrance door, advertising the name of the theater only or displaying a constitutionally protected noncommercial message.
(2) 
Maximum dimensions: 30 square feet.
(3) 
Marquee-type signs shall be permitted only upon approval by the Board of Trustees.

§ 144-9 Temporary signs or banners.

A. 
The Board of Trustees may grant permits for the erection of temporary signs, banners or transparencies intended for special events or other uses not exceeding 30 days, upon such conditions as it may determine.
B. 
No permit shall be required for a contractor's sign, not exceeding 16 square feet in area, which is displayed during the course of construction.

§ 144-10 Exceptions.

A. 
The provisions of this chapter shall not prohibit the erection and maintenance of signs on a marquee or canopy, provided that permission for the erection and maintenance of such marquee or canopy has been duly obtained and is in effect. The Board of Trustees may grant such permit, revocable at its pleasure, upon such conditions and for such period as it may determine.
B. 
Notwithstanding the provisions of this chapter, signs not exceeding six inches in height may be painted on or applied to the valance of awnings over a shop window facing a public street or parking area.

§ 144-11 Roof and parapet signs prohibited.

No sign shall be erected on a roof or extend above a parapet wall.

§ 144-12 Maintenance.

Every sign shall be maintained in a good state of repair and shall be kept neatly painted.

§ 144-13 Inspection; report of conditions.

The Code Enforcement Officer may enter any premises to inspect signs and report whether same are in a safe condition.

§ 144-14 Permit required.

It shall be unlawful for any person to erect, construct, alter, paint, repaint, relocate, reconstruct, upgrade or display, or cause to be erected, constructed, altered, painted, repainted, relocated, reconstructed, upgraded or displayed any illuminations or signs, except an authorized sign in a residence district, without first having obtained a sign permit from the Code Enforcement Officer. Such permit may be issued by the Code Enforcement Officer if the proposed sign conforms to all applicable provisions of the Code. If said proposed sign does not so conform, no permit shall be issued unless and until a variation for such nonconformity has been granted by the Planning Board. The Code Enforcement Officer may refer any permit application to the Planning Board for a preliminary determination as to whether the proposed sign is in conformity with this chapter prior to the issuance of such permit.

§ 144-15 Permit application; fee.

A. 
Application for the permit shall be made in writing to the Code Enforcement Officer and shall contain the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The location of the building, structure or land to which or upon which the sign is to be erected.
(3) 
A detailed drawing or blueprint showing a description of the construction details of the sign and showing the color, lettering and/or pictorial matter composing the sign, the position of lighting or other extraneous devices and a location plan showing the position of the sign on any building or land.
(4) 
Written consent of the owner of the building, structure or land to which the sign is to be erected, in the event that the applicant is not the owner thereof.
(5) 
Certification of an electrical inspection by a qualified person or firm.
B. 
A fee shall be paid to the Code Enforcement Officer with each sign permit application. The amount of said fee shall be established by resolution by the Board of Trustees. Where work for which a sign permit is required is begun prior to obtaining a permit therefor, the fee will be doubled, but the payment of such fee shall not release any person from fully complying with the requirements of this chapter in the execution of the work nor from the penalties prescribed in Chapter 1, Article II.
C. 
Notwithstanding the foregoing, no permit fee shall be charged by the Code Enforcement Officer to repaint, reconstruct or upgrade an existing sign for which a sign permit had previously been issued unless there is a substantive change in the content, design or color thereof.

§ 144-16 Revocation of permit.

The Code Enforcement Officer may revoke any sign permit after inspection in the event that there is any false statement or misrepresentation as to a material fact in the application upon which the permit was based or if the sign is not erected in accordance with the permit.

§ 144-17 Variations.

A. 
The Planning Board may, in a specific case, after public notice and hearing in accordance with the requirements of Chapter 24, determine and vary the provisions of this chapter as a variation only upon the following terms and conditions:
(1) 
In all districts, only if the Planning Board finds that the proposed sign is in harmony with and is consistent in appearance with and will preserve or enhance:
(a) 
The value of neighboring and adjacent buildings and structures and the district as a whole or a part thereof.
(b) 
The visual relationship between the property in question and existing structures and the character of the district as regards architectural style in relationship to properties which are within view of existing structures or buildings of historical significance or meritorious architectural quality.
(c) 
The maintenance of the visual character of the district as indicated by such matters as setbacks, heights, materials, mass, line, color and detail.
B. 
In granting a variation pursuant to this section, the Planning Board shall also consider the following:
(1) 
Whether such sign will contribute to the devaluation of any property in the area, or to the general deterioration of the neighborhood in which it is placed, by reason of size, location on a premises or aesthetic appearance.
(2) 
Whether such sign will interfere in any way with vehicular or pedestrian visibility or create or contribute to the creation of any traffic hazard.
[Amended 3-8-2010 by L.L. No. 2-2010]

§ 144-18 Phaseout of nonconforming signs.

A. 
Any legal sign, whether by permit, special exception or by virtue of such sign having existed before the Sign Ordinance or by being legally nonconforming, in existence on the effective date of this section, which violates or does not conform to the provisions of this Code shall be altered, removed or replaced to comply with such provisions within five years of the effective date hereof.
B. 
Any illegal sign shall be immediately altered, removed or replaced to comply with the provisions of this chapter.

§ 144-19 Abandoned signs.

Any sign which ceases to advertise or identify a person, trade or business located at a premises shall be removed within 30 days of the departure of such person or the discontinuance or termination of said trade or business. Failure of the owner or occupant to remove such sign within said period, after written notice, shall be an offense punishable as provided in § 1-9 of this Code.