No sign shall be hereafter erected or maintained
on any building or premises in any residence district, except as specifically
permitted herein.
[Amended 1-19-2010 by L.L. No. 1-2010; 11-21-2011 by L.L. No.
2-2011]
A.
Purpose.
(1)
The
Board of Trustees of the Incorporated Village of Lloyd Harbor finds
that the prevalence of signs, including signs advertising real estate
for sale or let, has marred the character and appearance of the Village,
reduced property values, become a danger and distraction to persons
using public highways, and has a negative and undesirable impact on
the health, safety, and general welfare of the Village and its residents.
(2)
The
Board of Trustees further finds that signs advertising real estate
are distinguishable from other commercial signs in that they relate
directly to the property of residents in the Village, thereby having
a greater reason for placement within the Village than other types
of commercial signs.
B.
The Board
of Trustees further finds that the advertising of a premises for rent
suggests that premises are vacant, and hence attracts persons with
criminal intent to the Village, thereby jeopardizing the health, safety,
and general welfare of residents.
C.
Therefore,
the Board of Trustees declares it to be the policy of the Village
of Lloyd Harbor to limit and restrict the construction, placement,
use, and maintenance of signs within the Village, as provided in this
article.
D.
Prohibited
and permitted signs. Notwithstanding the provisions of this section
to the contrary, one real estate sign shall be permitted on each premises
or parcel of land within the Village that is for sale, provided that
a permit for such sign is first obtained, as provided herein. Any
such sign shall be rectangular in shape. No such sign may be larger
than one foot high and two feet wide. Any such sign may advertise
only the sale of the property upon which the sign is located. Each
such sign shall have a white background with black letter or numerals
only, and shall be limited to writing that states: "For Sale," together
with the word "Realtor," if the homeowner has contracted with a licensed
real estate broker to broker the sale of the premises or parcel, and
may include the telephone number of the party seeking to sell the
residence or the realtor. No other words, symbols, numerals, images,
names, colors, designs or borders shall be permitted. Said real estate
sign shall be located within the lot boundaries of the subject property
for sale, and shall be at least 15 feet from any roadway, curb, driveway,
or property line. The top of any authorized real estate sign shall
be no higher than six feet from grade. No ancillary or additional
signs may be attached to said real estate sign, or to any post to
which said real estate sign is affixed, nor shall any balloons, bows,
ribbons, or other adornments, be attached in any way to the said real
estate sign or any post to which it is attached, nor shall the said
real estate sign be artificially illuminated in any manner.
E.
Sign permit.
The Village Clerk shall issue a permit for any sign authorized by
this article, upon submission of a completed application and payment
of any applicable fees.
(1)
Any
such permit shall effective for a period of one year from the date
of issuance.
(2)
If
the sign for which the application is made does not conform to the
provisions of this article, the permit application shall be denied.
(3)
Each
application for a sign permit shall include a survey of the property,
showing the specific location whereat the sign is sought to be placed,
and shall include a facsimile of the sign in full size. The applicant
shall also mark the proposed sign location at the premises or parcel
where the sign is to be placed by placing a flag at such location.
(4)
If
a sign permit application is made by any person or entity other than
the recorded owner of the premises, the application shall include
a signed and notarized authorization from each recorded owner.
(5)
Any
person aggrieved by a determination of the Village Clerk made pursuant
to this article may appeal to the Village Board of Zoning Appeals
("Board of Appeals") by filing such appeal in writing within 15 days
after the date of such determination, or within 10 days after the
erection of the sign, whichever is later. In the event such an appeal
is made by a person other than the applicant for the permit, the filing
of an appeal shall stay the effect and operation of the permit pending
determination of the appeal by the Board of Appeals. In the event
an appeal is filed by any person other than the applicant for the
permit, the Village Clerk shall give written notice to the permit
holder, including a copy of the appeal, at least five days prior to
the date on which the Board of Appeals will consider such appeal.
The Board of Appeals shall hear and determine any such appeal within
35 days after the filing of the appeal.
(6)
No
sign for which a permit is issued shall be altered, modified, moved,
or changed in any manner such that the sign does not conform to the
sign for which the application was made and approved, without an approved
amendment to the permit. Such amendment may be approved upon written
application, containing the same information as required for an initial
application.
(7)
The
fee for the sign permit shall be fixed or amended, from time to time,
by resolution of the Board of Trustees.
(8)
Any
permit issued pursuant to this article shall terminate and expire
on the execution of a contract of sale, the termination of a listing
agreement with the real estate broker, or upon the expiration of the
permit, whichever occurs earliest. The sign must be removed within
24 hours after the termination or expiration of the permit.
F.
Open house
signs. A limited number of temporary signs announcing a bona fide
open house which are necessary to aid in providing directions to the
property are permitted as follows:
[Amended 12-17-2012 by L.L. No. 3-2012]
(1)
The
sign shall be displayed by temporary attachment to the ground but
may not be located on any roadway surface.
(2)
Surface
area shall not be greater than 24 inches by 12 inches and not protrude
more than 30 inches from the ground at its highest point.
(3)
An
open house sign may only be displayed during the limited hours of
the bona fide open house, and must be removed immediately following
the event.
(4)
No
open house sign shall be placed on private property including roadways,
without permission of the owner.
G.
Regulations
applicable to all signs.
H.
Penalties
for offenses. Any person who erects or maintains a sign in violation
of the provisions of this article, or who owns property on which any
sign is erected or maintained in violation of the provisions of this
article, shall be guilty of a violation and shall be subject to a
fine not to exceed $500.
I.
Presumption
regarding placement. Where the matter included on a sign consists
of a commercial advertisement, it shall be presumed that the vendor
of the specified product, service, or entertainment is a person or
entity who placed such sign or caused it to be placed upon the property.
A.
Except as provided in § 205-56A hereof, it shall be unlawful to erect, alter, maintain, reconstruct or relocate a sign until a permit has been issued therefor by the Building Inspector.
B.
A written application therefor shall be filed with
the Building Inspector by the owner or lessee of the building or premises
on which such sign is to be erected or maintained or by the duly authorized
agent of such owner or lessee. Such application shall be accompanied
by the written consent of the owner or lessee of the property on which
such sign is to be erected or maintained and shall contain an accurate
description of the location or proposed location of such sign, the
name and address of the person by whom such sign is to be erected,
altered, maintained, reconstructed or relocated and such other information
as the Building Inspector or may reasonably require to show a compliance
with the provisions of this chapter.
C.
A fee as required by a Board of Trustees resolution
shall be paid to the Village by the applicant for a permit at the
time of submitting his/her application for a permit.
[Amended 11-21-1994 by L.L. No. 2-1994]
All signs shall be properly secured, supported
and braced as to make them safe and shall be kept in perfect structural
condition and clean and well-painted.
When it shall appear to the Building Inspector
or the Code Enforcement Officer that any sign is being maintained
in an unsafe or insecure manner or in violation of any of the other
terms of this article, he/she shall so notify the person to whom the
final permit has been issued, in writing, at the address stated on
the application; and it shall be the duty of such person to make such
repairs or to comply with the necessary provisions of the chapter
within the time stated in the notice. If such repairs are not made
or if such compliance is not so effected, the Building Inspector or
the Code Enforcement Officer may cause such sign to be removed and
shall charge the expense thereof to the person so notified.
Any permit issued hereunder shall be deemed
to expire upon any change in ownership of the premises on which it
is erected or upon any change in ownership of the business or profession
which it shall advertise. Upon expiration and notice thereof by the
Building Inspector or the Code Enforcement Officer to the applicant,
it shall be the duty of the person so notified to remove such sign,
and if not so removed, the Building Inspector or the Code Enforcement
Officer may cause such sign to be removed and shall charge the expense
thereof to the person so notified.
[Amended 11-21-1988 by L.L. No. 4-1988]
A.
No fence, wall or structure in the nature of a fence
(fence-like structure) or gates, piers, pillars or similar structures
shall be hereafter erected or maintained on any premises unless a
permit has been issued therefor. No such structure shall exceed 6
1/2 feet in height, which measurement shall exclude unlighted finials
not exceeding 18 inches located atop such structure, such height to
be measured from the natural existing grade; provided, however, that
as to said height limitation, a backstop consisting of screening with
apertures of not less than three square inches for use in connection
with a tennis court shall be permitted, but the height of such backstop
shall not exceed 12 feet. On any corner lot, no wall, fence or other
similar structure shall be erected and no hedge, tree, shrub or other
growth shall be maintained in such location as, in the opinion of
the Police Department, would cause danger to traffic by obstructing
the view. All fences and fence-like structures shall be installed
with the finished side facing the adjoining property.
[Amended 10-21-2002 by L.L. No. 3-2002]
B.
Each application for a permit for a fence-like structure
shall be accompanied by an affidavit of the owner which certifies
that the owner is familiar with the location of his property line
and that the fence-like structure will not encroach upon adjacent
properties and an application fee in an amount required by resolution
of the Board of Trustees.
[Amended 10-21-2002 by L.L. No. 3-2002; 1-19-2010 by L.L. No. 1-2010]
No automobile or trailer designed to be used
for human habitation shall be used, stored or parked in the Residence
A-1 or A-2 Districts, except that a trailer may be stored or parked
inside a private garage or screened enclosure, said enclosure to comply
with the zoning setback requirements for accessory structures.
