[1]
Editor's Note: See also Ch. 72.
A. 
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 and harmonious 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 community.
B. 
This article may hereafter be known as the "Sign Law."
A. 
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 or faces thereof or of the area within the perimeter of all letters and symbols in the case of a sign without a border. The structure supporting a sign shall not be included in determining the area of the sign, unless the supporting structure is designed in a way to form an integral background for the display.
B. 
In computing total sign area, the area of the faces of all sign displays shall be counted, and any neon tube, string of incandescent lights or similar device shall be considered as having a minimum dimension of three inches.
The following definitions shall apply to this article:
ADVERTISING SIGN
A sign which attempts to solicit business, sell, rent or lease merchandise or premises or promote business of any kind.
ANIMATED SIGN
A sign which depicts action or motion by flashing, glittering, revolving or rotating or other means.
AWNING SIGN
Any lettering attached to or inscribed on an awning.
CANOPY SIGN
Any lettering attached to or inscribed on a canopy or sign attached thereto.
COMMERCIAL FREESTANDING SIGN
A sign advertising the business or businesses conducted, for which a permit is required and which is located upon the same lot it represents and which is suspended from or attached to and supported by one or more columns, uprights or braces embedded in the ground and in which neither the sign nor the supports thereof are attached to or are dependent on any building or structure for support or bracing. Freestanding signs within a shopping center must only reflect the names of the establishments located within said center.
COMMERCIAL SURFACE-MOUNTED SIGN
A sign advertising the business or businesses conducted, for which a permit is required and which is directly mounted on the exterior facade of a building or structure, not including the roof area.
DIRECTIONAL SIGN
Any sign which is located outdoors and is used for guidance, instruction or direction.
FACADE
The exterior vertical surface of a building or structure which faces a public thoroughfare. For purposes of this article, a mansard roof shall be deemed a facade.
FLASHING SIGN
Any illuminated signs on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use or any sign in which elements are free to move or are caused to move by mechanical means.
FREESTANDING SIGN
Any sign independently supported and not attached to a building and located upon the lot which it represents.
ILLUMINATED SIGN
A sign which is illuminated by an artificial source of light to make the message more discernible and shall include interior and exterior signs.
INTERIOR SIGN
Any sign located within a building or structure and visible from outside.
LIGHTING DEVICE
Any nonintermittent source of light, string or group of lights located or arranged to cast illumination on a sign, structure or lot area or which is used to attract the attention of the public to the premises.
MARQUEE SIGN
Any sign which is attached to, inscribed on or constructed in a marquee.
MOBILE SIGN
A sign mounted upon a trailer-type steel chassis, not permanently anchored to the ground and capable of being transported as a unit over public roads and streets. A mobile sign may be designed to accommodate changeable copy and may be illuminated.
NONCONFORMING SIGN
Any sign lawfully existing at the effective date of this chapter, which does not comply with the provisions of this article as to size, type, character or locations as may be permitted in the use district in which such sign is erected.
REVOLVING SIGN
Any sign which revolves about an axis.
ROOF SIGN
Any sign located on or above the roof of a building. Such signs are prohibited in the Village.
SHOPPING CENTER IDENTIFICATION SIGN
For a permitted shopping center, a sign containing the name of the shopping center and the names of the tenants occupying said shopping center.
SIGN
Any surface or device containing a display, the purpose of which is to bring the subject thereof to the attention of the public through the communication of a visual message.
SIGN AREA
The area determined by measuring the vertical times the horizontal length of the visible face or faces thereof or of the area within the perimeter of all letters and symbols in the case of a sign without a border.
SURFACE-MOUNTED SIGN
Any sign directly mounted on the exterior facade of a building or structure, not including the roof area.
[1]
Editor's Note: See also §§ 99-202, 99-1802, 99-1901, 99-3302 and 99-3403..
The prohibitions or restrictions contained in this section shall apply to all signs and all use districts, unless otherwise designated, in the Village.
A. 
Illuminated signs. 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 or contain any other moving element. 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 is prohibited.
C. 
Signs on roofs. Roof signs are prohibited.
D. 
Temporary, mobile and/or portable signs. No temporary, mobile and/or portable sign shall be placed on the front or face of a building or on any premises without obtaining a temporary permit pursuant to § 99-1708 herein, except a sale, lease or rental sign in a nonresidential district.
E. 
Advertising signs in residential districts. No exterior advertising sign shall be displayed in any residential district except for a family, professional or identification name and address plate.
F. 
Moving signs. Banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices shall be prohibited.
G. 
Painted signs. No sign shall be painted on any exterior walls or roof of any building or structure, fence or retaining wall or roof of any building or structure.
H. 
Billboards. Billboards are prohibited.
I. 
Animated or rotating signs. Signs which rotate, revolve or otherwise move are prohibited.
The following signs are permitted in all residential districts without a sign permit, provided that they are accessory to a principal use on the premises.
A. 
For each dwelling, one exterior nonilluminated family or identification nameplate or professional sign with dimensions not exceeding over nine inches by 18 inches.
B. 
One indirectly illuminated bulletin board or other announcement or identification sign is permitted for educational or religious institutions, with an area of not over 12 square feet, provided that such sign is located not nearer than 20 feet to any street or property line or is attached to the building if closer.
C. 
Directional signs, if they are necessary to ensure adequate vehicular and pedestrian circulation.
D. 
One temporary sign placed on premises where construction repair or renovation are in progress, identifying the architect, engineer or contractor, and only during the time of such construction with dimensions not exceeding six square feet in area.
The following signs are permitted in nonresidential districts, provided that they are accessory to a principal use on the premises and the content is limited to the name of the occupant, business, product or service provided and logo.
A. 
One individual nonilluminated nameplate or professional sign per office. Each such sign shall not exceed two square feet in area.
B. 
Indirectly illuminated bulletin board or other directory-type signs.
(1) 
Freestanding. Such signs shall not encroach more than 50% into the required setback depth of the yard in which such signs are located and shall not exceed 25 feet in total aggregate area. The bottom edge of such freestanding signs shall not be higher than 12 inches from grade.
(2) 
Surface-mounted. Such signs may not exceed 25 feet in total aggregate area.
C. 
Directional signs. Such signs are permitted to ensure adequate vehicular and pedestrian circulation.
D. 
One temporary, nonilluminated surface-mounted sign advertising the sale, lease or rental of the premises on which the sign is situated, with dimensions not exceeding 24 inches by 36 inches, provided further that there is compliance with all other requirements of this article governing surface-mounted signs.
The following signs may be erected, installed, altered, modified or maintained upon obtaining a permit.
A. 
Commercial surface-mounted signs.
(1) 
Such signs shall be no more than 36 inches in height.
(2) 
The aggregate length of all surface-mounted signs requiring a permit shall not exceed the following percentages of the horizontal length of the face or faces of the building or structure on which such signs are mounted:
(a) 
Eighty percent of the horizontal length of the face of the building, where signs are to be mounted on one face only;
(b) 
Sixty percent of the aggregate horizontal lengths of the faces of the building, where signs are to be mounted on two faces;
(c) 
Forty percent of the aggregate horizontal lengths of the faces of the building, where signs are to be mounted on three faces;
(d) 
Twenty percent of the aggregate horizontal lengths of the faces of the building, where signs are to be mounted on four or more faces.
(3) 
Such signs may not extend more than 16 inches beyond the face of the building.
(4) 
Such signs may not be erected above the parapet on a one-story building.
(5) 
Such signs may not be erected higher than the windowsills of the second story window of buildings two or more stories in height, but not higher than 22 feet above grade.
(6) 
Such signs may not obstruct any portion of any window.
B. 
Commercial freestanding signs.
(1) 
The top of such sign shall not exceed 16 feet above the curb level adjacent to said sign.
(2) 
The lowest bottom edge of such sign shall not be lower than 12 feet from the ground curb level adjacent to said sign.
(3) 
The width may not exceed seven feet.
(4) 
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.
(5) 
In the case of a development with more than one occupant, tenant, storefront, etc., signs shall be provided in a coordinated overall design, with compatible colors, lettering, size, etc., in order to appear harmonious.
(6) 
Such signs shall be freestanding and shall not rotate on any axis.
(7) 
Only one commercial freestanding sign shall be permitted at any one commercial location.
A. 
All temporary, mobile and/or portable signs, 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 60 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 traffic in any manner, create a hazard or disturbance to the health and welfare of the general public. Such signs shall be promptly removed upon the expiration of the permits unless renewed. Only one sixty-day renewal shall be permitted.
B. 
Within one year after the effective date of this chapter, all such temporary, mobile and/or portable signs, including but not limited to political posters, banners, promotional devices and signs of similar nature, shall not exceed dimensions as follows:
(1) 
Four feet in height by eight feet in width in C-1, C-2 and C-3 Districts.
(2) 
Two feet in height by two feet in width all other districts.
After the effective date of this chapter, no person shall erect any sign, as defined herein, other than those exempted under the provisions of this article, without first obtaining a permit therefor from the Superintendent.
Application for the permit shall be made in writing, in duplicate, upon forms provided by the Department of Building and Code Enforcement. No sign shall be erected until the Department of Building and Code Enforcement determines that the sign complies with all applicable regulations and until the permit has been issued.
Fees for the issuance of a sign permit shall be as established by the Village Board.
A. 
The Superintendent shall review applications for sign permits within 45 days of filing. 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 automatically 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 as established by the Village Board.
B. 
Every sign shall bear the Village permit number in letters of no less than 1 1/4 inches in body on the lower left corner of the sign, thus: "Village of Valley Stream Permit No. ................"
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, neat 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. 
On or after the effective date of this chapter, any sign 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 Superintendent, 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 Superintendent 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 owner of the sign and/or the owner of the land upon which the sign is erected, who shall remove or repair the sign within seven days from the date of notice. If the sign is not removed or repaired, the permit shall automatically become void and the Superintendent may remove or repair the sign and shall assess all costs and expenses incurred in the removal or repair against the owner of the sign. The Superintendent may cause any sign which is a cause of immediate peril to persons or property to be removed without notice.
In the event that a sign is erected prior to the effective date of this chapter and the sign does not conform with the provisions and standards of this article, the requisite permit, as provided herein, shall be deemed to have been 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 chapter.
Any person aggrieved by any decision of the Superintendent relative to the provisions of this article may appeal such decision to the Board of Appeals as provided in this chapter and shall comply with all procedural requirements prescribed by such Board of Appeals.
No person, firm or corporation shall distribute or cause or permit to be distributed any handbills, bills, circulars, posters, cards, booklets, placards or any other advertising matter whatsoever from house to house or vehicle to vehicle in the Village, except those intended for charitable or political purposes, but nothing in this chapter shall be construed to apply to the distribution of any newspaper or periodical of regular issue or the distribution of any advertising matter through the United States Postal Service.
Any person, contractor, business or corporation erecting, installing or altering any sign on any commercial premises shall comply with all licensing and bonding provisions required by the Village.