[HISTORY: Adopted by the Board of Trustees of the Village of Port
Washington North by Ord. No. XV; amended in its entirety 12-16-2004
by L.L. No. 10-2004. Subsequent amendments noted where applicable.]
The erection and maintenance of all signs shall conform to the provisions
of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Trustees of the Village.
The Building Inspector of the Village.
Shall include, but not be limited to, the lettering (font and size),
logos, symbols, colors, size, shape, material, height, location, and lighting.
Noncommercial signs which solely set forth constitutionally protected
free speech, including but not limited to political and election signs.
Any outdoor billboard, poster, panel, bulletin, advertising structure,
advertising sign, or other advertising or attention-attracting device or display.
The Village of Port Washington North.
A.Â
No commercial sign shall be erected, maintained, displayed, altered,
rebuilt, enlarged, extended, or relocated within the Village without a conditional
use permit from the Board of Trustees.
(1)Â
In determining whether or not to issue such permit, the Board
of Trustees may consider whether or not the sign will be in conformity with
other signs in close proximity to the location of the proposed sign, thereby
creating a uniform design for the particular building, shopping center, or
area, and whether or not such sign, by virtue of its design, will have an
adverse impact upon nearby residential properties or be distracting to motorists
along nearby public roadways.
(2)Â
The Board of Trustees shall have the right to grant such conditional
permits for limited periods of time, to vary any of the requirements set forth
in this section in order to alleviate any practical difficulty to the applicant
in conforming to the requirements set forth herein, and to revoke any such
permit in the event that any of the conditions upon which such permit was
granted were violated.
B.Â
No noncommercial sign shall be erected, maintained, displayed,
altered, rebuilt, enlarged, extended, or relocated within the Village without
a permit from the Building Inspector.
A.Â
Commercial signs. A separate application for a conditional use
permit shall be made to the Board of Trustees for each commercial sign on
a form furnished by the Building Inspector. Each application shall be accompanied
by the written consent of the owner of the real property upon which such sign
is to be erected or maintained. Application shall be made in like manner for
a permit to maintain any existing sign or to renew a conditional permit for
a sign.
B.Â
Noncommercial signs. A separate application for a permit shall
be made to the Building Inspector for each noncommercial sign on a form furnished
by the Building Inspector. Each application shall be accompanied by the written
consent of the owner of the real property upon which such sign is to be erected
or maintained. Application shall be made in like manner for a permit to maintain
any existing sign or to renew a conditional permit for a sign. The application
shall be in such form as shall be prepared by the Building Inspector and shall
include such documents as shall be required by the Building Inspector, including,
but not limited to, six color copies of the proposed sign, which shall be
prepared to scale and shall show the actual color of the proposed sign.
All signs shall be removed by the person, firm or corporation erecting,
owning, maintaining or displaying the same or, in default of removal by the
person, firm or corporation thus primarily charged with such duty, by the
owner or tenant of the premises upon which the structure or display is maintained,
within 30 days from the date of the expiration or revocation of the permit
for same or within 30 days after the business is no longer operating at the
premises for which the sign was approved, whichever is the sooner to occur.
The erection or maintenance of pole signs, ground signs and tower signs
within the Village is hereby prohibited, except as specifically regulated
by this chapter.
A.Â
In residence districts. Ground signs requiring fees shall be
erected only on undeveloped property or subdivisions being developed, shall
not exceed 20 square feet in area, shall advertise only the sale or rental
of premises upon which they are maintained, and shall be set back at least
20 feet from all property lines. Such signs shall conform to the established
front and side yard setbacks for the districts in which they are maintained.
No renewal of such sign permit shall be issued beyond a period when development
of the subdivision has reached 90% of completion.
B.Â
In business and industrial districts. On undeveloped property,
ground signs shall be set back at least 20 feet from all property lines. On
developed property, ground signs shall be set back at least 20 feet from any
front property line; provided, however, that if the average front yard setback
of existing buildings on the same side of the street within the same block
is 10 feet or less, the front yard setback of such signs shall conform with
the established setback of such buildings, except that no part of the sign
structure shall extend closer than five feet to a front property line. The
area between the sign structure and the street line shall be maintained free
of grass, weeds and debris.
Signs which seek to advertise businesses, activities, products or services
which are not conducted or sold on the property where such signs are located
or which are not expressly permitted by other sections of this chapter are
prohibited.
The classes of signs and announcements which are exempt from fees and may be erected or maintained upon permit issued by the Building Inspector are described in this section. Such signs shall be subject to the provisions of §§ 135-3 through 135-5, inclusive, of this chapter, except that it shall not be necessary for the owner thereof to make application for renewal as is provided for signs requiring fees, unless there is a change in ownership or an alteration of said sign.
A.Â
In residence districts:
(1)Â
One sign displaying the street number and name and profession
of the occupant of the premises, not exceeding one square foot in area; professional
signs only to be illuminated.
(2)Â
Except upon real property improved with a one- or two-family
dwelling, one sign containing four square feet or less upon real property,
stating that the property or part thereof is for sale or rent. When not attached
to a building, the same shall be located to conform to the minimum front and
side yard setbacks of the district in which it is erected.
(3)Â
Engineers', architects', building contractors' and/or subcontractors'
signs maintained on buildings or structures only while construction is actually
taking place, provided that no such sign shall exceed four square feet in
area or be located nearer to the street line than the minimum setback in the
district in which it is erected.
(4)Â
A notice or advertisement required by law in any legal proceeding
or put up by public authority.
B.Â
In other than residential districts:
(1)Â
Signs permitted in residence districts are also permitted in
other than residential districts and, in addition thereto, the signs hereinafter
described.
(2)Â
One sign displayed, painted, applied or attached to each exterior
wall of a building or storefront facing on a public street, when used for
advertising the sale or rental of the premises on which it is erected or any
business conducted or products sold in such building. The display surfaces
of such signs shall be parallel with the wall of the building, and no part
of the sign structure shall extend more than 12 inches from the wall of the
building. The maximum dimensions of such signs shall not exceed those hereinafter
specified:
(a)Â
On buildings or storefronts having a total street frontage of
15 feet or less, for each individual business, a maximum vertical measurement
of 2Â 1/2 feet and a maximum horizontal measurement of 80% of the total
street frontage.
(b)Â
On buildings or storefronts having a total street frontage of
more than 15 feet and not more than 25 feet, for each individual business,
a maximum vertical measurement of three feet and a maximum horizontal measurement
of 80% of the total street frontage.
(c)Â
On buildings or storefronts having a total street frontage of
more than 25 feet and not more than 40 feet, for each individual business,
a maximum vertical measurement of 3Â 1/2 feet and a maximum horizontal
measurement of 20 feet or 75% of the total street frontage, whichever is greater.
(d)Â
On buildings or storefronts having a total street frontage of
more than 40 feet and not more than 75 feet, for each individual business,
a maximum vertical measurement of four feet and a maximum horizontal measurement
of 30 feet or 70% of the total street frontage, whichever is greater.
(e)Â
On buildings or storefronts having a total street frontage in
excess of 75 feet, for each individual business, a maximum vertical measurement
of 4Â 1/2 feet and a maximum horizontal measurement of 52Â 1/2 feet
or 50% of the total street frontage, whichever is greater.
(f)Â
If such sign is irregular in shape, it shall not, at its greatest
vertical dimension, extend more than six inches above its permissible vertical
measurement, nor shall such extension exceed 10% of the maximum horizontal
measurement.
(g)Â
The top of the sign shall be not more than 18 feet above ground
level, and no sign shall be placed upon any portion of the roof of a building.
(3)Â
A sign upon a marquee constructed and maintained in connection
with a hotel or theater, not exceeding 15 inches in height, extending to the
permissible outer limits of said marquee, no part of which shall be less than
10 feet above the street surface.
(4)Â
An identification sign over the rear entrance of a building or
store facing a parking area, showing only the trade name of the occupant of
said store or building, such sign to be limited to a maximum vertical measurement
of two feet and a maximum horizontal measurement of 14 feet and a maximum
overall height of 18 feet above the surface of the ground. If such signs are
illuminated, illumination shall be by indirect lighting (nonflickering/nonblinking
type). Such signs shall be illuminated only during the hours when the store
or building is open to the public.
(5)Â
One ground sign on either an undeveloped plot where business
is permitted or on a developed plot where a business is conducted in a building
having a front yard setback. Said sign shall not exceed three feet in height,
nor five feet in width, nor one foot in depth. The top of the sign shall not
exceed seven feet from the grade directly beneath the sign. The grade beneath
the sign shall not be raised from the area generally within a twenty-foot
radius of the sign. Said sign shall be set parallel to the street line. Notwithstanding
the foregoing, on corner lots, at the option of the owner, the sign may be
set diagonally to the corner, so long as the Building Inspector finds that
the proposed location will not adversely impact upon sight lines of drivers
approaching or at that intersection. Signs as described in this subsection
shall only be permitted where there is no other sign or advertising device
erected or placed upon a building on the premises. Such signs shall conform
to the minimum front yard setback requirements for principal structures, as
provided for the district within which they are maintained; however, in no
event shall any sign or part thereof be located within five feet of the front
property line, nor within five feet of any property line which abuts a street.
An open space of at least three feet shall be maintained between the bottom
of the sign and the ground. The area between the sign structure and the street
line shall be maintained free of grass in excess of six inches in height,
weeds, and debris.
(6)Â
Such signs shall advertise only the business conducted or products
sold on the premises. The maximum overall horizontal measurement shall not
exceed 25% of the street frontage of the plot upon which such sign is erected,
and the maximum overall vertical measurement shall not exceed three feet.
(7)Â
Such signs, including the sign structure, shall not exceed a
total height of 15 feet when measured from the established street grade.
(8)Â
Signs for the advertisement of the selling price of gasoline,
to be used by gas filling stations and battery and tire service stations:
(a)Â
It shall be unlawful for any person, firm or corporation to sell
or offer for sale at retail for use in internal combustion engines in motor
vehicles any gasoline unless such seller shall post, and keep continuously
posted on the individual pump or other dispensing device from which such gasoline
is sold or offered for sale, a sign or placard not less than seven inches
in height and eight inches in width nor larger than 12 inches in height and
12 inches in width and stating clearly and legibly, in numbers, the selling
price or prices per gallon of such gasoline so sold or offered for sale from
such pump or other dispensing device, together with the name, trade name,
brand, mark or symbol, and grade or quality classification, if any, of such
gasoline.
(b)Â
No other sign or placard stating or referring to the price or
prices of gasoline shall be placed or maintained on any part of the premises
upon which gasoline is sold or offered for sale or upon which any gasoline
filling station and battery and tire service station business is conducted.
A.Â
A danger or precautionary sign, containing two square feet or
less, relating to the premises or a sign warning of the conditions or of dangers
of travel on a highway may be erected and maintained for a temporary period
without application to the Building Inspector for a permit.
B.Â
A directional sign on the side wall of a building, where said
side wall faces a driveway giving access to a parking area at the rear of
the building, may be erected.
A.Â
No signs, except directional and warning signs erected by or
with the approval of the Building Inspector, shall be erected or maintained
on the right-of-way of any public highway.
B.Â
No sign shall be erected or maintained where, because of the
design, such sign might be confused as a traffic directional or stop sign,
or might interfere with the vision or discernment of a traffic directional
or stop-and-go sign, or might otherwise imperil the safety of travel on streets
and highways.
C.Â
No right-angle or projecting sign extending over the public right-of-way shall be permitted, except those classified under § 135-8B(3) of this chapter.
D.Â
No sign that is not expressly permitted in this chapter shall
be permitted.
E.Â
No commercial sign shall be erected or maintained on any real
property improved with a one- or two-family dwelling.
F.Â
No sign or show window display shall be placed, illuminated,
or maintained in such a way as may cause danger to traffic by obscuring the
driver's view.
G.Â
No sign shall consist of a painted surface utilizing fluorescent
or Day-Glo colors.
H.Â
No revolving signs are permitted.
I.Â
No signs which are lighted with intermittent flashing or animated
illumination, except time and temperature signs, are permitted.
J.Â
No sign or artificial lighting source or reflector connected
to or used therewith is permitted if such sign or lighting conflicts with
or may be mistaken for a traffic signal.
K.Â
No illuminated signs or other lighting devices, flashing lights,
strobe lights, and lights that outline any part of a building such as a window,
door, gable, roof, sidewalk, or corner are permitted.
L.Â
No self-illuminated signs wherein the light source itself is
shaped and utilized to form the sign (for example, but not limited to, neon
bulbs forming words) are permitted.
No sign relating to an event of limited duration may be erected more
than 30 days before the commencement of such event, and such sign must be
removed no later than two weeks after the conclusion of such event.
A.Â
No fee shall be required for a free speech sign.
B.Â
Free speech signs shall be permitted to the greater of four square
feet or the same size as commercial signs for the zoning district within which
such property is located, whichever is larger.
C.Â
Free speech signs shall have a setback of at least 20 feet from
all property lines or the required setback, if any, for commercial signs for
the zoning district within which such property is located, whichever is less.
D.Â
Free speech signs shall be permitted to the greater of four square
feet or the same size as commercial signs for the zoning district within which
such property is located, whichever is larger.
E.Â
No free speech sign relating to an event of limited duration
may be erected more than 60 days before the commencement of such event, and
such sign must be removed no later than 30 days after the conclusion of such
event.
F.Â
If a free speech sign is to be illuminated, illumination shall
be by indirect lighting (nonflickering/nonblinking type).
G.Â
Applications for free speech signs shall be processed on an expedited
basis and in no event more than two weeks from the date that a complete application
is received.
H.Â
The sole basis for denying a free speech sign application shall
be public safety. In the event of such denial, the Building Inspector shall
set forth the specific safety reasons for which the permit was denied.
I.Â
Upon the denial of a free speech permit, the applicant may either
appeal to the Board of Trustees or commence a court action or proceeding to
challenge said denial, at the option of the applicant. In the event that an
appeal is taken to the Board of Trustees, such appeal shall be heard no later
than the next regular monthly meeting of the Board of Trustees to be held
not less than two business days after the filing of the appeal.
[Added 12-18-2006 by L.L. No. 4-2006]
A violation of any provision of this chapter shall constitute a violation
pursuant to the Penal Law, punishable by a fine not to exceed $1,000 or by
imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.
Each day’s continued violation shall constitute a separate and distinct
offense.
