[HISTORY: Adopted by the City Council of
the City of Glen Cove 8-25-1981 by L.L. No. 1-1981 as Ch. 34 of the
1981 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Sign Ordinance of the City of Glen Cove, Nassau County, New
York."
A.
Protection of physical appearance. The purpose of
this chapter is to promote and protect the public health, welfare
and safety by regulating existing and proposed outdoor advertising,
outdoor advertising signs and outdoor signs of all types. It is intended
to protect property values, create a more attractive economic and
business climate, enhance and protect the physical appearance of the
community and provide a more enjoyable and pleasing community. It
is further intended hereby to reduce the 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 and curb the deterioration of the community environment.
B.
Applicability of chapter. The provisions of this chapter
shall govern the construction, alteration, repair and maintenance
of all signs and outdoor display structures together with their appurtenant
and auxiliary devices in respect to appearance and structural and
fire safety.
C.
Standards and guidelines. Toward implementing the
above purposes, it should be noted that:
(1)
Signs should be a subordinate part of the streetscape
rather than the dominant features. Properly designed signs can add
interest to building facades without overpowering them.
(2)
Projecting signs, except as outlined herein, and roof
signs shall be prohibited.
(3)
Standard, approved methods of constant illumination
shall be permitted on ground signs and wall signs; provided, however,
that they shall concentrate the illumination upon the area of the
sign so as to prevent direct glare upon the street or adjacent residential
property. Flashing signs are prohibited, nor shall any signs contain
intermittent or moving illumination, except for clocks and customary
time and temperature devices.
(4)
Except for holiday seasons or grand openings as approved
by the Building Department Administrator (BDA), no sign or part thereof
shall consist of pennants, ribbons, streamers, spinners or other similar
moving, fluttering or revolving devices.
(5)
A sign shall not be suspended from or attached to
an awning.
(6)
All ground signs shall be designed according to generally
accepted engineering practice to withstand wind pressure applied to
the projected exposed area allowing for wind from any direction of
30 pounds per square foot.
(7)
Signs noting that a property has been sold are prohibited.
(8)
To the extent possible, adjacent signs on the same
or adjoining buildings should be placed within the same horizontal
band and be of reasonably harmonious materials and colors.
(9)
Adjacent signs should be of the same height from the
ground and should be as low as practical.
(10)
All signs should be as small and discreet as
possible.
(11)
The number of signs should be limited to as
few as practical.
(12)
Lettering should be as small as possible but
shall not exceed two feet in height; the sign should have as few words
as possible.
(13)
All signs shall be incidental, customary to
and commonly associated with the principal use.
(14)
Garish colors, lights or materials should be
avoided. Whenever possible, natural material such as wood or iron
should be utilized.
As used in this chapter, unless the context
or subject matter otherwise requires, the following words and phrases
shall have the meanings respectively ascribed to them:
A roof-like covering of canvas or duck attached to a metal
frame and attached to or supported entirely from a building.
The outer surface of a building which is visible from any
private or public street.
A sign supported by uprights or braces in or upon the ground
and not attached to any part of a building.
A sign designed to project beyond the front face and perpendicular
to it.
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
Any sign that is affixed to or painted on the interior of
a window or any sign located within three feet of the inside face
of the window, which sign is designed to be visible from the exterior
of the window.
A sign attached to a marquee, canopy or other covered structure
projecting from and supported by the building.
Any person, firm, corporation, partnership, association,
company, institution or organization of any kind.
A sign which is erected, constructed or maintained on, above
or as part of the roof of any building.
Any structure or part thereof, or any device attached to
a building, pole, tree, structure or device, or painted or represented
thereon, which shall display or include any letter, word, model, banner,
pennant, insignia, device, trade flag, symbol or representation which
is in the nature of, or which is used as, an announcement, direction
or advertisement for commercial purposes or otherwise. A sign includes
any message, neon tube, string of lights or similar device outlining,
hung, painted upon 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 of any political, educational, charitable,
philanthropic, civic, professional, religious or like campaign, drive,
movement or event. Excluded from this definition are signs not to
exceed four square feet in area, which are solely devoted to prohibiting
trespassing, hunting or fishing.
Sign area shall be measured as follows:
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline, including such frame or outline, shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, the total area of such sign shall be deemed the area of the
smallest triangle, rectangle or circle within which all of the matter
of which such sign consists may be inscribed.
A duly constituted body comprised of the Building Department
Administrator (BDA), the Chairman of the Planning Board and the Director
of the Community Development Agency; at least two members shall be
present to constitute a quorum to conduct business and adopt resolutions.
[Added 3-24-1998]
A sign which is designed to advertise or announce a particular
event or series of events, to solicit political support or to announce
the availability for sale of a particular item or items which will
be available for a limited period.
A sign which is attached directly to the building and is
parallel to the building.
A.
Required; procedure. It shall be unlawful for any person to erect, alter, redesign, relocate, reconstruct or maintain or cause to be erected, altered, redesigned, relocated, reconstructed or maintained within the corporate limits of the City any sign or signs, without first having obtained and paid for and having in force a permit therefor from the BDA following approval by the Sign Review Committee in accordance with Subsection D below.
[Amended 3-24-1998]
B.
Maintenance; construction. All signs shall be properly
secured, supported and braced and shall be kept in perfect structural
condition and clean and well painted at all times. Every sign, its
framework, braces, anchors and other supports, shall be constructed
of such material and in such workmanlike manner as shall make them
safe and satisfactory to the BDA.
C.
Application; fee. Application for a sign permit shall
be made on a form provided by the BDA, which application shall include
necessary sketches and supporting information indicating location
of sign, size, colors, type of lettering or other graphic representation
and materials to be used, electrical or gas equipment, details of
its attachment and hanging. In addition, such sign application shall
be accompanied by a fee as set forth from time to time by the City
Council,[1] and the written consent of the owner or lessee of the
property upon which such sign or signs is or are to be erected and
maintained.
[Amended 5-27-1997 by L.L. No. 2-1997]
[1]
Editor's Note: The fee schedule is on file
in the City offices.
D.
Referral to Sign Review Committee; determination.
[Amended 3-24-1998]
(1)
Following formal submission of a complete sign application
to the Building Department, the BDA shall refer such application to
the Sign Review Committee which shall act to approve, disapprove or
approve with conditions such application within 10 days of such submission.
(2)
The Sign Review Committee shall apply the criteria contained in § 228-2 of this chapter, as well as the regulatory provisions of this chapter, in reviewing each application and shall record each determination in the form of a resolution to be filed with the Building Department. The BDA shall notify the applicant immediately following the determination of the Sign Review Committee and shall either deny the issuance of a permit or thereafter issue a permit as described in § 228-6 below and in accordance with the determination of the Sign Review Committee.
[Amended 5-27-1997 by L.L. No. 2-1997; 3-24-1998; 6-24-2003]
[Amended 3-24-1998]
Upon approval of the application by the Sign
Review Committee, or after any conditions for approval established
by the Sign Review Committee are satisfied, the BDA shall issue a
permit for construction of such sign.
The applicant shall, upon completion of the
installation, relocation, repair or alteration, notify the BDA who
shall cause an inspection to be made, and if such sign has been constructed,
relocated, altered or repaired in accordance with the construction
permit, he or she shall issue a final permit for operation and continued
maintenance of such sign.
[Amended 2-8-2005]
If the BDA shall find that any sign regulated
herein is unsafe or insecure, or is a menace to the public, or has
been erected in violation of the provisions of this chapter, he or
she shall give written notice to the permittee thereof. If the permittee
fails to move or alter the sign so as to comply with the standards
herein set forth within 48 hours after such notice, such sign may
be removed or altered to comply by the BDA or his or her authorized
agent at the expense of the permittee or owner of the property on
which it is located. The BDA shall refuse to issue a permit to any
permittee or owner who refuses to pay costs so assessed. The BDA,
upon direction and authorization of the Chief of Police or the Director
of Public Works, may cause any sign which is an immediate peril to
persons or property to be removed summarily and without notice.
A.
Removal; exception. Any sign which advertises, identifies
or pertains to an activity no longer in existence shall be removed
by the owner of the property within 30 days from the time the activity
ceases. This provision shall not apply to seasonal activities during
the regular periods in which they are closed.
B.
Removal by City; lien. If the owner fails to remove,
or cause to be removed, such sign within 30 days after written notice
by the Building Department Administrator, the BDA is authorized to
remove such sign and the cost of such removal to the property owner
shall constitute a lien and upon certification by the BDA to the Controller,
shall be added to the next assessment roll and collected as a part
of the general City taxes.
A.
Conformity with regulations of New York Board of Fire
Underwriters. A sign illuminated by electricity or equipped in any
way with electric devices or appliances shall conform with respect
to wiring and appliances to the regulations of the New York Board
of Fire Underwriters and shall bear the stamp of such Board.
B.
Signs self-illuminated from within. All wiring shall
be self-enclosed in metal raceways. All fluorescent tubes shall be
on eight-inch centers placed seven inches from face of sign, except
stencil cut signs may have fluorescent tubes six inches on center.
Those colors which can be controlled by rheostat or dimmer switch
shall be so equipped. All signs 80 square feet or over shall have
full perimeter 1 1/2 inches by 1 1/2 inches by 3/16 inch galvanized
angle irons. Signs shall have drainage holes.
All signs shall have displayed thereon only
the name and nature of the business and products available or activity
for which the building or premises is used, except that any such signs
used in connection with or to advertise a place of amusement may have
displayed thereon the name and nature of the amusement attraction.
A.
Commercial districts. Ground or freestanding signs shall be permitted only in commercial districts, except as indicated in Subsection B below, if the building or use served by the sign is set back at least 30 feet from the front property line. Only one such sign shall be permitted for each street frontage of a business structure and shall be set back at least 15 feet from the property line. The top of such sign shall be no higher than 15 feet from the ground and the sign shall be no larger than 24 square feet. Such signs are limited to pole signs affixed to a single pole with no guy wire or bracing. All ground signs shall be located within the property line and the location and illumination of such shall not block the view of or otherwise interfere with official traffic signs and signals or of other permitted signs.
B.
Professional offices and medical clinics. A freestanding sign to identify the occupants of a medical clinic or professional office building shall be permitted in any district where such uses are permitted under Chapter 280, Zoning. It may be erected with two poles as long as all other requirements of this section are satisfied.
C.
Shopping centers. Where a freestanding sign is part of a shopping center as defined in Chapter 280, Zoning, such sign shall be of the same or similar material, color and design as the wall signs utilized by the center. In addition, said freestanding sign shall be incorporated with the overall sign plan for the shopping center as required in § 228-15 of this chapter.
[Added 9-22-1981]
An interior sign, or combination of signs, temporary
or permanent, shall not cover more than 15% of each window upon which,
or in which, it is affixed, displayed or painted.
Signs shall not be permitted on any marquee,
other than signs built into and forming a part of the structure of
the marquee. Such signs shall not exceed a height of three feet, a
total area of 21 square feet on any one side of the marquee and shall
not extend beyond the edge of the marquee. In addition to the foregoing,
only that portion of the marquee containing such sign shall be illuminated.
A.
Wall signs as defined in this chapter shall be attached
to the face of the building in a plane parallel to such face, but
shall not extend or project more than 12 inches over the sidewalk,
street or highway, and shall not extend higher than the parapet in
the case of a one-story building; and in the case of other buildings,
they shall not extend above the sill of the windows of the second
story, nor extend more than 15 feet above the outside grade.
B.
No wall sign or combination of signs in any single
frontage in a commercial district, including interior signs, shall
exceed an area equal to 100% of the linear length of the structure
on such frontage or a maximum of 50 square feet, whichever is less.
C.
Where there are two or more occupants occupying a
portion of the first floor frontage of a given structure, each such
occupant shall be entitled to a sign equivalent in size to that portion
of the frontage so occupied.
D.
Where such multiple occupancy is in a structure that
has more than 50 feet of linear frontage, the total area of all signage
may exceed 50 square feet up to a maximum that shall not exceed the
equivalent of the linear length of the structure.
E.
Where multiple occupants share a common sign, the
maximum sign area shall be limited as if there was a single occupant.
F.
Where an establishment for which a sign is permitted
has a rear entrance on a public way or frontage on two or more streets,
such as a corner, a sign shall be permitted on each frontage, up to
the maximum area permitted for that frontage. [Examples of permitted
sign size: a store with a twenty-foot frontage will be permitted a
sign or signs up to a total of 20 square feet. If the store has a
frontage of 50 feet, it would be permitted a sign (or signs) up to
a maximum of 50 square feet. If the structure has 70 feet of frontage
and is occupied by four stores, a total of 70 square feet of sign
area would be permitted. Where an establishment is in a corner structure,
with two twenty-foot frontages, up to 20 square feet of signage would
be permitted on each frontage.]
G.
Within an industrial district, one sign not exceeding
30 square feet is permitted for each street frontage from which access
is provided to the lot. Wall signs shall not cover wholly or partially
any wall opening, including doors, fire escapes and windows, nor project
beyond the ends of the wall to which it is attached. All such signs
must be safely and adequately attached to such building wall by means
satisfactory to the BDA.
H.
If illuminated at night, such illumination shall be
indirect, with all light sources shielded from the view of adjacent
lots and streets, and shall be extinguished not later than 9:00 p.m.
One identification sign at each point of access to the lot, with an
area of not more than three square feet, and internal directional
signs, each with an area of not more than two square feet, shall also
be permitted.
I.
In any shopping center, an overall plan for signage
shall be required prior to installation or replacement of any individual
sign. The overall plan shall satisfy all requirements and guidelines
of this chapter. Individual signs shall be the same with regard to
materials and color, but letter size and style may be varied.
[Added 9-22-1981]
[Amended 11-12-2002]
A.
Each commercial business with a store frontage on
a City street or public walkway located within the geographical confines
of the Downtown Business Improvement District shall be permitted to
erect one hanging sign in addition to the signs now permitted under
this chapter. Such sign shall advertise only the name and/or service
of the commercial activity located on the ground floor of a commercial
building.
B.
An approved hanging sign shall be affixed perpendicular
to the front wall of a commercial building and over the primary entranceway
of the business for which it is erected. Such approved sign, excluding
bracket, shall be no higher than 12 feet at its highest point and
no lower than nine feet at its lowest point above the sidewalk or
public walkway, insofar as is practicable.
C.
An approved hanging sign shall be affixed to an approved
metal bracket which is black wrought iron in appearance, which sign
may not project more than 48 inches from the facade of the building
to which it is affixed, wherever practicable.
D.
An approved hanging sign must utilize a carved relief
letter style, or raised letter style, with optional logo, and such
sign shall not be more than six square feet in area, with a maximum
single dimension of 36 inches. Spray-painted signs or stenciled signs
on metallic surfaces shall not be permitted. Exterior subdued lighting
may be permitted by the Sign Review Committee wherever appropriate.
E.
This sign program shall not be available to any business
which maintains a fixed awning located over a City sidewalk unless
such awning has received, prior to the adoption of this program, the
benefit of a letter from the Department of Public Works authorizing
such awning. However, upon removal of such awning, such business
shall be eligible for this program.
F.
This sign program shall not be available to any store
which maintains a posted sign in violation of any section of the City
Code unless compliance has been achieved as provided by law prior
to application for a hanging sign.
G.
Any hanging sign proposed to be erected pursuant to this program shall require a permit, to be accompanied by the appropriate fee, from the BDA after review by the Sign Review Committee, which committee, pursuant to § 228-4 of the City Code, shall have final authority to determine the location, safety, composition of materials, word/symbol contents and esthetics and lighting of such a sign in accordance with the goals of this chapter.
H.
Applicability.
(1)
The provisions of this section shall apply with equal
force and effect to any commercial business located outside of the
geographical confines of the Downtown Business Improvement District
subject to the following:
(a)
A commercial business may only be accessed by
the public from a privately owned pedestrian walkway which is perpendicular
to a public street;
(b)
The Sign Review Committee finds that a hanging
sign is reasonably necessary for the public to identify and locate
the entranceway of a commercial business;
(c)
A wall sign is not readily visible from a public
street.
The erection, installation or maintenance of temporary signs, as defined in § 228-3, is hereby prohibited, except as follows:
A.
The City Council may grant special permission for
the maintenance of a temporary sign or signs to a municipal, charitable,
political or nonprofit organization for a period not to exceed 30
days.
B.
A temporary sign announcing anticipated occupancy
of a site or building shall be permitted for a period not to exceed
six months without Sign Review Committee review. Such sign shall not
exceed 24 square feet if it is freestanding and shall not exceed the
maximum permitted for a permanent sign if it is affixed to a building.
[Amended 3-24-1998]
C.
Temporary signs announcing special sales or events
shall be permitted in a commercial district without Sign Review Committee
approval for a period not to exceed 15 days. Any such temporary signs
must conform to the size and location requirements applicable to permanent
signs.
[Amended 3-24-1998]
The provisions and regulations of this chapter shall not apply to the following signs; provided, however, that such signs shall be subject to the requirements of § 228-8 on unsafe and unlawful signs and § 228-9 on abandoned signs.
A.
Bulletin boards. Bulletin boards or signs not over
16 square feet in area for public, charitable or religious institutions
where the same are located on the premises of said institutions.
B.
Construction signs. A sign not exceeding 16 square
feet in area, denoting the architect, engineer and contractor when
placed upon public property where work is under construction. Such
signs shall have the written approval of the Sign Review Committee
with regard to length of time that the sign can be maintained.
[Amended 3-24-1998]
C.
Directional signs, etc. Directional signs, name or
number plates and professional signs, not more than two square feet
in area.
D.
Memorial signs and tablets. Memorial signs or tablets,
names of buildings and date of erection when cut into any masonry
surface or when constructed of bronze or similar material and affixed
directly to the front face of the building and parallel to such front
face and which shall not exceed four square feet in area.
A.
Maximum size. Any sign of a type not permitted by
this chapter or which exceeds the maximum size permitted herein by
10% at the time of adoption of this chapter shall be removed or made
to conform within three years of the adoption of this chapter.
B.
Repairs, removal. A nonconforming sign shall not be
structurally repaired or enlarged and shall be removed if the BDA
declares it unsafe. The relettering, painting or decorating of such
signs shall be permitted, but any sign once removed for purposes other
than relettering, painting or decorating shall be deemed permanently
removed and may be replaced only in accordance with the provisions
of this chapter.
C.
Time limit. Any sign legally erected and legally existing
which becomes a nonconforming sign as a result of the enactment of
this chapter or as a result of any amendment thereof shall either
be removed or made to conform not later than three years from the
effective date of this chapter or such amendment, except as may otherwise
be provided in this chapter or such amendment.
D.
Extension of time limit.
(1)
Notwithstanding the above provisions, the owner of any nonconforming sign shall have the right to make application to the Planning Board for the extension of the amortization period as stated in Subsection C and have a determination by the Planning Board before any action or proceeding may be commenced to terminate such nonconforming use or to prosecute any violation of this section.
(2)
The BDA shall serve or cause to be served by certified
mail or personally a certified copy of this section upon any such
owner or occupant together with a notice that such owner or occupant
shall file a verified petition addressed to the Planning Board in
the City Clerk's Office no later than 30 days from the date of such
notice if he or she wishes to obtain an extension of the amortization
period.
(3)
Such verified petition shall contain the following
information:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the premises.
Attached to the petition shall be a legal description of the premises.
(c)
The date that the sign was erected.
(d)
The amount or other consideration paid for the
sign.
(e)
The dates any improvements were made to such
sign together with the cost of such improvements.
(f)
The present market value of such sign.
(g)
The period of time for which the applicant seeks
an extension of the amortization period.
(h)
Such other facts or information that the applicant
feels should be brought to the attention of the Planning Board.
(4)
Upon receipt of the petition, the City Clerk shall
deliver the petition to the Planning Board at the next regularly scheduled
meeting of the Planning Board.
(5)
The Planning Board shall schedule a public hearing
on such petition no later than 30 calendar days from the date of such
meeting and shall give public notice at least 10 calendar days prior
to the public hearing.
(6)
At the public hearing, all interested parties, including
the BDA, shall have the opportunity to present evidence and to be
represented by counsel.
(7)
If necessary, the Planning Board may adjourn such
public hearing from time to time in order to give all interested parties
the opportunity to be heard.
(8)
After the close of the public hearing, the Planning Board shall render its decision no later than 45 calendar days thereafter. The Planning Board may affirm the three-year amortization period specified in Subsection C or extend the amortization to any period of time that it may determine to be equitable and just.
(9)
Any decision of the Planning Board shall be subject
to review as provided in Article 78 of the Civil Practice Law and
Rules. Such appeal may be taken by any person aggrieved.
A.
Criminal. Any person violating any provisions of this
chapter shall be liable, upon conviction, to a minimum
fine or penalty of $100 and not to exceed $500 for each offense, and
each day or fraction of a day that a violation continues after notice
of the existence of such violation is given shall constitute a separate
offense.
[Amended 1-25-2000]
B.
Civil. In addition to the criminal penalties prescribed
above, the City shall have the power to institute mandamus, injunction
or other proceedings or civil actions in any court of competent jurisdiction,
against persons violating the provisions of this chapter, and persons
found to be in violation of the provisions of this chapter in such
civil actions or proceedings shall be liable for damages, including
the legal and other costs and fees resulting from or attendant upon
such actions or proceedings, as well as the costs and fees incurred
by the City and/or its officers, employees, servants and agents in
removing or altering signs found to be in violation.
[Added 8-22-2000]
A.
Street signs are erected by the City of Glen Cove
under the jurisdiction of the Department of Public Works in order
to identify streets within the City of Glen Cove.
B.
Nonconforming street signs may be used only with the
permission of the Director of the Department of Public Works, under
the following conditions:
(1)
The Director of Public Works must be provided with
a detailed schematic of any nonconforming signs for review and approval.
(2)
Signs must be in accordance with the New York State
Manual of Uniform Traffic Control Devices regarding reflectivity,
coloring and letter height schemes.
(3)
Signs must be in compliance with regard to wind loads
(30 MPH) for the sign posts/anchoring system.
(4)
Signs must be furnished, installed and maintained
by the party/parties requesting the signs.
