[Effective 1-1-1972]
A.
No sign shall be permitted in any use district, except as provided
in this article or as authorized by the Board of Zoning Appeals.
B.
When an application is filed with the Board of Zoning Appeals for
permission to erect any sign which is not in accordance with provisions
of this article, the Board shall, prior to making a determination,
take cognizance of:
(1)
The character of the district.
(2)
The existence, location, size and nature of other signs in the vicinity.
(3)
Whether or not such sign is customarily essential to the primary
use of the premises.
(4)
Whether the construction or location of the proposed sign will interfere
with necessary light or air or impair property or aesthetic values
or otherwise endanger the health and welfare of the public.
C.
This article is intended for the purposes of controlling existing
and proposed outdoor signs of all types by regulating size, location,
quantity, quality, content and design in order to:
[Effective 4-8-1989]
(1)
Protect property values.
(2)
Create a more attractive economic business climate.
(3)
Enhance and protect the aesthetic environment of the Town.
(4)
Provide a more aesthetically and environmentally enjoyable and pleasing
community.
(5)
Reduce distractions to motorists caused by outdoor signs that may
contribute to traffic accidents.
(6)
Reduce obstructions to motorists caused by outdoor signs that may
contribute to traffic accidents.
(7)
Reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way.
The following definitions shall apply to this article:
A sign which depicts action or motion by flashing or otherwise,
requiring electrical energy, electronic or other source of supply.
An arched or covered way that affords a common passageway
to entrances of various shops or establishments along its course.
For the purposes of computation, the entire background area
of the sign, and shall be computed by standard mathematical formulas
for known or common shapes. For irregular shapes, lighting, devices,
pennants, banners, bunting or fluttering devices, the entire background
area shall be considered that area which is or would be encompassed
within the extremities of straight lines drawn closest to the extremities
of the shape or device. For signs having lettering and/or pictorial
matter on more than one face, the sum of the entire background areas
of each face shall be computed for determination of the required fee.
An unenclosed roof structure supported entirely by the building
to which attached and which may be of a stationary or retractable
type.
Any lettering attached to or inscribed on an awning.
A freestanding unenclosed roofed structure which may be connected
to but not necessarily supported by the building or structure from
which it extends.
Any lettering attached to or inscribed on a canopy, or any
sign attached thereto.
For purposes of application of the requirements of this article,
the terms "arcade" and "covered mall" shall be considered synonymous.
Any sign which is suspended from or attached to and supported
by one or more columns, up-rights or braces, imbedded in the ground,
and in which neither the sign nor the supports thereof are attached
to or are dependent on any building for support or bracing. "Detached
signs" shall not exceed 32 square feet in area on each face, and the
bottom shall not be less than seven feet nor the top more than 15
feet above the adjacent ground level unless otherwise specifically
stated in this article.
Any sign which is located outdoors and is used for guidance,
instruction or direction.
A sign having its opposite surface areas used in any manner
described under the definition of "sign" in this section of this article.
To build, reletter, construct, alter, repair, display, relocate,
attach, hang, place, suspend, affix or maintain any sign, and shall
include the painting of signs directly on exterior surfaces of buildings
or structures.
That part of the exterior face of a building, the top of
which is more than three feet but not in excess of six feet above
the roofline of the building.
Any sign erected on a facade that does not:
A sign which is illuminated by an artificial source of light
to make the message more discernible, and shall include internally
and externally lighted signs.
Any nonintermittent source of light, string or group of lights
located or arranged to cast illumination on a sign or which is used
to attract the attention of the public to the premises.
A permanent roofed structure which is either wholly or partially
supported by the building to which it is attached and projects over
public or private property.
Any sign which is attached to, inscribed on or constructed
in a marquee.
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. The maximum height
from the top of a "mobile sign" to the ground shall not exceed 15
feet. Such sign may be single- or double-faced, but the total sign
area shall not exceed 64 square feet per face.
At least three or more singlefaced signs, of the same size,
the vertical sides of which are substantially fastened to each other
to form a continuous sign area and securely mounted or affixed to
a pole or post which is imbedded in the ground. The bottom of such
signs shall be parallel to the ground and equidistant therefrom.
Any sign which does not comply with the provisions of this
article as to size, type, character or location as may be permitted
in the use district in which such sign is erected.
A sign which affixed to a surface by the use of an adhesive.
A sign used to designate a professional office located on
the premises. The wording on the sign shall be limited to the name,
title, profession, location, telephone, type of service and the time
available for such services by the named practitioner.
Any sign which extends more than 12 inches horizontally from
an exterior wall of a building or structure to which it is attached.
Such sign shall:
Not project more than 42 inches from the wall.
Not be erected closer than eight feet to the curbline.
Not extend above the roofline or top of the parapet of the wall
to which attached, nor shall any of its supporting structures.
Have a minimum clearance of 10 feet above the finished grade
of a walk directly beneath and a minimum clearance above a road or
driveway of at least 18 feet.
Any sign which revolves about an axis.
Any sign which is painted on or is erected upon or above
a roof of a building except a facade sign as defined elsewhere in
this article.
Any material, structure, device, or any part thereof, which
consists of lettered or pictorial matter, or upon which lettered or
pictorial matter is placed when located outdoors or on the exterior
face of a building or on the inside or outside surface of a window
when used for display, advertisement, announcement, notice, directional
matter or name, and shall include sign frames, posters, billboards,
signboards, painted wall signs, lighting devices, hanging signs, illuminated
signs, pennants, banners, bunting, fluttering devices, projecting
signs, ground signs or other signs as defined in this article, and
shall also include any announcement, declaration, demonstration, display,
illustration or insignia used to advertise or promote the interests
of any person or business or attract the attention of the public when
the same is placed or located within its view.
A double-faced free-swinging sign not exceeding 12 square
feet in area per face, suspended from an independent metal frame whose
base rests on the ground and provides the only support for such sign.
A sign which is permitted to be used or erected for a limited
period of time pursuant to the provisions of this article.
Any single-faced sign which is attached to, incorporated
into or painted on the exterior wall of the premises abutting a public
street or a public or private parking field advertising only the business
conducted on the premises, when such sign does not:
Exceed two square feet in area for each horizontal foot of such
wall.
Exceed in length 90% of the horizontal measurement of each tenant's
wall space.
Project above any portion of the roof of the building except
if such sign is attached to a parapet wall, which does not exceed
three feet in height, and the sign does not extend above the top thereof.
Project more than 12 inches from such wall, including any artificial
lighting or reflectors connected thereto.
Include the wall area considered in the computations for any
facade sign.
A sign which is either temporarily or permanently attached
or affixed to the interior or exterior surface of a display window
and is used for advertisement, announcement, or notice, directional
matter, company name or trade name which is relative to the business,
products or services provided. The total sign area shall not exceed
1/4 the area of such window unless otherwise stated in this article.
A.
The following signs shall be permitted in all use districts, except
Edu-Cultural (E), Golden Age (GA) and in those districts specifically
excluded by this article:
(1)
Without a permit:
(a)
Professional sign: one wall sign not exceeding one square foot
in area listing only the name and profession of each resident practitioner.
(b)
Religious sign: one wall sign and one single-or double-faced
detached sign, when erected on the premises of the place of worship.
(c)
Sale or rent sign: one wall sign, not exceeding one square foot
in area, advertising only the sale, lease or rental of the premises
upon which the sign is erected.
(d)
Name and address sign: one wall sign denoting name and/or address
of the occupants of the premises when such sign does not exceed 24
square inches for each occupant.
(e)
Interior sign: only when located within a building or structure
and not positioned for observation from the exterior.
(f)
Information sign:
[1]
One wall sign and one single- or double-faced detached sign
for museums, libraries, public schools or parochial schools when located
on the premises thereof, or by governmental agencies when displayed
for the safety of the public or for public notices when such notices
are required by law.
[2]
One wall sign, not exceeding 12 inches in maximum dimension,
shall be permitted for designating the location or direction of public
telephones, drinking fountains or sanitary facilities.
(g)
Canopy sign: one row of lettering and/or numbers shall be permitted
on each of three sides and shall be limited to the name of the premises
and the house numbers. All lettering and/or numbers shall be painted
or applied directly to the sides or front of the canopy and shall
not exceed eight inches in height, nor shall the bottoms of such lettering
and/or numbers be located more than two inches from the lowest part
of the sides or front of the canopy or their valances, if any, and
shall be parallel thereto. Lettering and/or numbers shall not be located
on any other part of such canopy. Such signs shall not be permitted
in Residence (A), (B), (C) or Marine Residence (MA) Districts.
(h)
Notwithstanding any prior or subsequent provisions of this article,
any sign authorized in this ordinance, Article or section is allowed
to contain noncommercial copy in lieu of any other copy. Any provision
authorizing commercial copy may be read so as to authorize noncommercial
copy in lieu thereof.
[Effective 4-8-1989]
(2)
Upon issuance of a permit:
(a)
Professional sign:
[1]
If used by only one resident practitioner, it shall be limited
to one single- or double-faced detached sign, not exceeding four square
feet in area per face with the top of such sign not more than six
feet above the adjacent ground level.
[2]
If used by more than one resident practitioner, it shall be
limited to one single- or double-faced detached sign not exceeding
one square foot in area for each resident practitioner. However, the
total area of each face of such sign shall be limited to 10 square
feet, with the top of such sign not more than six feet above the adjacent
ground level.
(b)
Subdivision and acreage signs: one single- or double-faced detached
sign shall be permitted for each subdivision or parcel and shall advertise
only the premises upon which erected.
(c)
Development directional sign: one single- or double-faced detached
sign for each subdivision may be erected on property other than that
of the owner or developer, advertising only the name and direction
of such subdivision. Written consent of the owner of real property
upon which the sign is to be erected must be submitted prior to issuance
of the permit, and such owner shall assume the responsibility for
subsequent removal of the sign upon termination of the permit.
(d)
Construction or occupancy sign:
[1]
One temporary wall sign or one temporary single- or double-faced
detached sign, or one temporary single-or double-faced swing or curb
sign shall be permitted on the premises where construction, repair
or renovations are in progress and shall display only the name, profession,
address and telephone number of the contractor, builder, owner, architect
and engineer associated with the project. The sign shall be removed
by the permittee upon issuance of a certificate of occupancy or a
certificate of completion for the project.
[2]
One temporary wall sign or one temporary single- or double-faced
detached sign shall be permitted for each building or structure under
construction, repair or renovation. Such sign shall advertise only
the name, business or profession of future tenants, and the date of
expected occupancy. The sign shall be removed by the permittee upon
issuance of a certificate of occupancy or a certificate of completion
for the project.
(e)
Sale or rent sign: only one single- or double-faced detached sign, not exceeding eight square feet in area per face, or a projecting sign, not exceeding two square feet in area nor extending more than 30 inches from the wall to which attached. Such sign shall also comply with all other provisions of the definition of "projecting sign" in § 243 of this article.
B.
The following signs shall be permitted in Residence (CA), Golden
Age Residence (GA) and Mitchel Field Hotel (MFH) Districts:
(1)
Upon issuance of a permit:
(a)
Identification sign:
[1]
One wail sign or one single- or double-faced detached sign,
neither of which exceeds four square feet in area per face, shall
be permitted for each building, provided that such sign is used for
listing the name and/or address of the premises only.
[2]
Where three or more Residence (CA) or Golden Age Residence (GA)
District buildings are part of a complex of similar buildings, one
single- or double-faced detached sign, not exceeding eight square
feet in area per face, shall be permitted in a centrally located area
on the premises, provided that such sign shall list only the name,
number, location and direction of each building in the complex for
identification, but may include a sketch of the physical location
of each such building.
(b)
Directional sign: one pair of wall signs or one pair of single-
or double-faced signs, per curb cut, none of which exceeds two square
feet in area per face, may be erected to indicate the flow of vehicular
traffic. The tops of such signs shall not exceed a height of seven
feet above the adjacent ground level and shall have only the words
"Entrance" or "Exit," as applicable, imprinted thereon, except for
an arrow indicating the direction of travel. No part of any sign shall
extend beyond the property line.
C.
The following signs shall be permitted in Edu-Cultural (E) and Mitchel
Field Hotel (MFH) Districts:
(1)
Without a permit:
(f)
Information sign:
[1]
One wall sign or one single- or double-faced detached sign,
neither of which exceeds four square feet in area per face, shall
be permitted for each building, provided that no advertising matter
is displayed thereon and such sign is used for the information and
general welfare of the public.
[2]
Single- or double-faced detached signs may be located n public areas and erected pursuant to the definition of "detached sign" in § 243 of this article. They shall be used for the dissemination of information for the guidance of public, and all signs to be erected must appear on the approved site plan.
(2)
Upon issuance of a permit:
(c)
Institutional identification sign. Each wall sign or detached
sign shall be dimensioned, located and accepted as part of the approved
site plan.
(d)
Directional sign: one single- or double-faced detached sign
not exceeding eight square feet in area listing the name, location
and direction of any of the uses permitted. Such sign shall be located
only along service roadways which afford access to the building from
the public streets. Signs shall be positioned not closer than 100
feet to an intersecting roadway or walk.
(e)
Identification sign: one wall sign or one single- or double-faced
detached sign, neither of which exceeds four square feet in area per
face, provided that such sign is used for listing the name and/or
address of the premises only.
D.
All signs to be erected in Edu-Cultural (E) and Mitchel Field Hotel (MFH) Districts shall require a permit from the Commissioner of Buildings except as permitted in Subsection C(1) of this section.
E.
In addition to those signs prohibited by § 246 of this article, the following shall also be prohibited in Edu-Cultural (E) and Mitchel Field Hotel (MFH) Districts:
(1)
Any sign painted or stenciled on the wall or roof of any building
or structure.
(2)
Any sign constructed of cloth, oilcloth, paper or any other material
subject to disintegration.
(3)
Any sign placed in any required yard or street.
(4)
Any billboard, poster panel, outdoor advertising or display sign
which directs attention to a business, service, entertainment or commodity
which is conducted, sold or offered elsewhere than upon the premises.
F.
The following signs are permitted in Business (X), Light Manufacturing
(LM), Industrial (Y), Marine Commercial (MB), Marine Recreation (MC)
and Marine Resort (MD) Districts, unless otherwise stated:
(1)
Without a permit:
(a)
Window sign: Signs shall be permitted in each display window,
provided that the total area of all signs used or displayed in such
window does not exceed 1/4 the area of the window.
(2)
Upon issuance of a permit:
(a)
Detached sign: one single- or double-faced detached sign shall
be permitted and shall advertise only the business, products or services
provided on the premises.
(b)
Wall sign: one wall sign shall be permitted for each tenant space, advertising only the business conducted in such tenant space, when such sign is erected pursuant to the definition of "wall sign" in § 243 of this article.
(c)
Directional sign:
[1]
One single- or double-faced detached sign not exceeding eight
square feet in area, listing the name, location and direction of any
of the uses permitted. Such sign shall be located only along private
service roadways which afford access to the buildings from public
streets. Signs shall be positioned not closer than 100 feet to an
intersecting roadway or walk.
[2]
One pair of wall signs or one pair of single- or double-faced
detached signs, per curb cut, none of which shall exceed two square
feet in area, may be erected to indicate the flow of vehicular traffic.
The tops of such signs shall not exceed a height of seven feet above
the adjacent ground level and shall have only the words "Entrance"
and "Exit," as applicable, imprinted thereon, but may have an arrow
indicating the direction of travel. No part of any sign shall extend
beyond the property line.
(d)
Multifaced or double-faced detached sign: On off-street on-premises parking areas, in Business (X) Districts only, one multifaced or double-faced detached sign, as defined in § 243 of this article respectively, may be erected for each 100 car spaces provided. Signs shall be limited to advertising products sold, services performed. hours of operation, or prizes, gifts or contests available to the customers. The total face area of each permitted sign shall not exceed 32 square feet. Where conditions permit the erection of more than one sign, additional signs shall be placed equally distant throughout the parking area. The bottoms of such signs shall be located not less than seven feet nor more than eight feet above the adjacent ground level. Signs shall be installed and protected so as not to interfere with nor impede vehicular or pedestrian traffic.
(e)
Window sign: The total sign area allowed for each display window may be in excess of that permitted by Subsection F(1) of this article, provided that the total area utilized does not exceed 1/2 the area of such display window and a temporary sign permit is secured, which shall include all signs displayed on such window. The fee for such temporary sign permit shall be computed on the total combined area of all signs displayed on such window.
(f)
Temporary sign: signs of a temporary nature such as pennants, banners, bunting, fluttering devices or window signs requiring permits shall be permitted, provided that they are used for on-premises promotional advertising and shall be subjected to the time limitations and fee requirements set forth in § 247 of this article.
(g)
Awning sign; canopy: One sign for each premises shall be allowed,
provided that only one row of lettering and/or numbers shall be permitted
on each of three sides and shall be limited to the name of the premises
and the address numbers. All lettering and/or numbers shall be painted
or applied directly to the sides or front of the awning and shall
not exceed eight inches in height, nor shall the bottoms of such lettering
and/or numbers be located more than two inches from the lowest parts
thereof or their valances, if any, and parallel thereto. Lettering
and/or numbers shall not be permitted in any other location.
(h)
Mobile sign:
[1]
Only one such sign shall be permitted on the same premises at
the same time.
[2]
Signs shall advertise only the business, product or specific
sale or event associated with a business located on such premises,
except that a sign may be used for political advertising only in Business
(X), Light Manufacturing (LM), Industrial (Y) or Marine Commercial
(MB) Districts.
[3]
Signs shall not be located on the same premises for a continuous
period in excess of 30 days, nor shall the intervening period between
successive placement of this type of a sign on the same premises be
less than 15 consecutive days. Political signs shall be permitted
only within the thirty-day period immediately preceding the date of
an election.
[4]
The Commissioner of Buildings may, in his discretion, extend
the time limitation set for the location of such sign for an additional
period not to exceed 10 days. He may also decrease the time interval
between successive placements of such signs. An extension of time
shall not be considered for political signs.
[5]
All signs shall be removed from the premises within 48 hours
after the expiration date, unless otherwise permitted by the Commissioner
of Buildings.
[6]
Signs shall be subject to all provisions of this article and
to all zoning regulations applicable thereto.
(i)
Marquee sign:
[1]
Subject to the approval of the Town Highway Division, marquee
signs may be permitted to extend beyond the street line and across
the sidewalk to within two feet of the curbline, provided that the
bottoms thereof are not less than 10 feet above the curb level at
all points.
[2]
Signs which are an integral part of or attached to the vertical
sides of a marquee shall not exceed the linear length, nor height
of the vertical sides, of such marquee.
(j)
Poster sign:
[1]
Only one such sign shall be permitted on the same premises at
the same time.
[2]
It shall be mounted on a poster panel or as otherwise approved
by the Commissioner of Buildings.
[3]
Signs permitted to be mounted other than on poster panels shall
be limited to Business (X), Light Manufacturing (LM), Industrial (Y)
or Marine Commercial (MB) Districts.
[4]
Signs shall not be located on the same premises for a continuous
period in excess of 30 days.
[5]
Signs shall be removed from the premises within 48 hours after
the expiration date, unless otherwise permitted by the Commissioner
of Buildings.
(k)
Facade sign: One facade sign shall be permitted on each exterior face of the building, provided that it is in compliance with the definitions of "facade" and "facade sign" in § 243 of this article.
(l)
Identification sign:
[1]
One wall sign or one single- or double-faced detached sign,
neither of which exceeds four square feet in area per face, shall
be permitted for each building, provided that such sign is used for
listing the name and address of the premises only.
[2]
Where three or more buildings are part of the same complex,
one single- or double-faced detached sign, not exceeding eight square
feet in area per face, shall be permitted in a centrally located area
on the premises, provided that such sign shall list only the name,
number, location and direction of each building in the complex for
identification, but may include a sketch of the physical location
of each such building.
(3)
The bottoms of all signs, other than projecting or marquee signs,
extending over a sidewalk, parking areas or mall shall be not less
than seven feet above such sidewalk, parking areas or mall.
(4)
One single- or double-faced sign may be attached or suspended from
soffit or ceiling of an arcade or covered mall, or attached to the
face of a wall fronting thereon, for each store or establishment along
its course. No permit shall be required if such sign does not exceed
six inches in vertical nor 18 inches in horizontal dimension. All
such signs must be: substantially secured by brackets or chains; located
directly in front of the entrance to the establishment and perpendicular
thereto; constructed of noncombustible material or of opalescent material
if internally illuminated, and then only by not more than a forty-watt
fluorescent bulb. The sign shall contain only the name of the business,
trade or establishment.
G.
Only the following signs shall be required and permitted at gasoline
filling and service stations: signs for the advertisement of selling
price of gasoline at individual pumps to be used by gasoline filling
and service stations. It shall be unlawful for any person, firm or
corporation to sell or offer for sale at retail for the use in internal
combustion engines in motor vehicles any gasoline or diesel fuel unless
said seller shall post and keep continuously posted on the individual
pump, or other dispensing device, from which such gasoline or diesel
fuel is sold, or offered for sale, a sign or placard, single- or double-faced,
12 inches in height and 12 inches in width, stating clearly and legibly
in whole-cent numerals, at least nine inches in height and two inches
in width, the selling price of the gasoline. Such sign shall also
indicate the federal, state and local taxes included in such selling
price per gallon. The name brand and grade of quality classification
of the gasoline or diesel fuel offered for sale shall be permanently
imprinted on the dispensing device.
[Effective 9-4-1978]
[Effective 10-2-2008]
Political signs in connection with elections shall be permitted
without a permit in all use districts, except that:
[Effective 5-20-1974]
All signs erected or used pursuant to this article shall comply
with the following requirements unless otherwise specifically stated.
A.
Any part of such sign shall be located:
(1)
Not less than five feet from any property line when erected pursuant
to § 244G.
(2)
Not less than 10 feet from any property line when erected pursuant
to § 244G or to § 244A, except Subsections A(1)(e)
or (g) or A(2)(b) or (c).
(3)
Not less than 20 feet from any property line when erected as a multifaced
sign or detached sign, except a directional sign erected pursuant
to § 244F(2)(c)[2) or a sign erected or used pursuant to
§ 244G; provided, however, that if the average front setback
of the existing buildings on the same side of the street, within the
same block, is less than 10 feet, then not less than 10 feet from
any property line.
(4)
Not less than 20 feet from any property line when erected pursuant
to § 244A(2)(c).
(5)
Not less than 30 feet from any property line when erected pursuant
to § 244A(2)(b).
B.
No signs shall be erected or maintained on any corner lot at intersecting
streets which may interfere with traffic visibility across the corner.
The following provisions shall apply to all signs:
A.
Temporary signs.
(1)
Each temporary sign permitted under this article shall require a
temporary sign permit, which shall be subject to the fee and time
limitation as prescribed by this article.
(2)
All temporary sign permits, including those for pennants, banners,
bunting, fluttering devices, posters, promotional devices, window
signs or other signs of similar character, shall be issued for a period
not in excess of 30 days, unless otherwise stated in this article.
(3)
The Commissioner of Buildings, at his discretion, may renew a temporary
sign permit for additional periods of 30 days, provided that a fee,
equivalent to the original, is paid upon application for each such
renewal.
(4)
In addition to the payment of the stipulated fee for a temporary sign permit, an amount equivalent to the fee shall be deposited with the Commissioner of Buildings prior to issuance of the temporary sign permit, to assure removal of such sign in accordance with provisions of § 250 of this article, upon expiration of the permit. The minimum deposit required for each temporary sign permit shall be $10. Where two or more temporary sign permits are issued to the same time period, the Commissioner of Buildings, at his discretion, may reduce the total amount of deposit required, but in no event shall the total of such deposit be less than $10. Upon satisfactory removal of a sign, for which a deposit was withheld, the Commissioner of Buildings shall release such deposit to the permittee.
(5)
After expiration of the temporary sign permit, the sign associated
with such permit shall be removed. If such sign is not removed, the
Commissioner of Buildings shall give 10 days' written notice to the
permittee to remove such sign, and, upon failure to comply with this
request within such time limitation, it shall be considered due cause
for the Commissioner of Buildings to have such sign removed and the
deposit forfeited to help defray the expenses involved in such removal.
B.
Signs shall not be attached to fences, trees, utility poles or similar
supporting devices, or to vacant or unoccupied structures, nor shall
they be located so as to obstruct the vision of pedestrian or vehicular
traffic or create a hazard or disturbance to the health and welfare
of the general public. In the event that any such attached sign shall
advertise a commercial business, service or trade and shall display
an address, website, and/or telephone number, there shall be a rebuttable
presumption that the owner or proprietor of the commercial business,
service or trade caused or authorized the attachment and is liable
for a violation of this proscription. In addition to any and all other
remedies available at law or equity, the Town of Hempstead shall be
authorized to physically remove and confiscate any such attached sign(s)
from fences, trees, utility poles or similar supporting devices, or
from vacant or unoccupied structures located on public property or
on a public right-of-way in the unincorporated portions of the Town,
and to recover against such owner or proprietor a civil penalty in
the amount of $250 for each sign removed. Such civil penalties shall
be recoverable after conviction or plea of guilty hereunder in the
District Court of Nassau County, upon due proof of sign removals effected,
or as a judgment in a civil action brought hereunder in the name of
the Town in any court of competent jurisdiction, against such owner
or proprietor, seeking such a recovery.
[Effective 6-8-2012]
C.
Signs which directly emit, radiate or reflect any beam, ray or glare
away from any lot or premises upon which they are erected or used
or which are in motion by any means or have flashing or intermittent
illumination or changing degrees of intensity or are animated shall
not be permitted in any district.
D.
Whenever a sign cannot be readily classified under this article,
the Commissioner of Buildings shall determine such classification
for the purpose of applying the use restrictions, fees, time limitations,
etc., as may be required for similar signs.
E.
Any sign which is not permitted by this article shall be subject
to approval by the Board of Zoning Appeals prior to issuance of a
permit by the Commissioner of Buildings.
F.
It shall be the responsibility of the Commissioner of Buildings to
have all signs which, in his opinion, appear hazardous, unsafe or
insecure to be made safe, substantially secured or removed.
G.
Nonconforming signs.
(1)
Signs erected prior to the effective date of this article for which
sign permits are presently in effect and which do not conform to the
provisions or standards of this article shall be granted the permits
required by this article if, in the opinion of the Commissioner of
Buildings, such signs and their supports and appurtenances appear
to be in a safe condition. All such permits granted shall terminate
on January 1, 1973, at which time or prior thereto the signs shall
be altered, removed or replaced to conform to the provisions of this
article unless a variance has been granted by the Board of Zoning
Appeals.
(2)
Signs for which permits are in effect that become nonconforming by
a subsequent amendment to this article after the effective date hereof
may be continued for three years after the effective date of adoption
of the amendment making such use nonconforming and after said date
such nonconforming signs shall be removed and the use terminated unless
a variance therefor has been granted by the Board of Zoning Appeals.
(3)
Signs erected prior to the effective date of this article and for
which no sign permits are in effect and which do not conform to the
provisions or standards of this article shall be removed within 30
days after the effective date of this article.
H.
Erection of new signs or maintenance of signs previously erected,
other than those permitted by this article, in the designated use
districts, shall be prohibited unless a variance is or has been granted
by the Board of Zoning Appeals.
I.
No sign shall hereafter be erected, altered, repaired, replaced or
relocated until a sign permit, as may be required by this article,
has been issued by the Commissioner of Buildings. A separate permit
shall be required for each sign affected.
J.
If a sign is currently in effect, the following conditions shall
not require a new or additional permit:
(1)
To replace or alter changeable copy on a theater marquee and similar
signs designed for use of changeable copy and so designated in the
permit.
(2)
To change or advertise copy or message on a painted or printed sign
only.
(3)
To paint, clean, maintain or make minor repairs or replacements to
existing parts which are not considered structural changes.
(4)
To remove and replace window signs with different copy, provided
that all other applicable conditions, relative to the former signs,
are adhered to.
K.
No sign shall cover any door, window or required opening or hinder
or prevent free and accessible ingress or egress to or from any door,
fire escape or stairway of any building.
L.
The erection, alteration, repair, replacement or relocation of any
sign for which a permit has been issued shall commence within 30 days
of issuance and shall be completed within 60 days of issuance of such
permit. A sign permit shall be automatically canceled if work does
not commence or is not completed pursuant to the foregoing time limitations.
M.
All signs erected pursuant to the issuance of a permit shall bear
the current permit number or other identification, as may be required
by the Commissioner of Buildings, prominently and permanently affixed
to a face thereof which is exposed to public view.
N.
All signs permitted by this article shall also be subject to the
requirements of other governmental agencies having jurisdiction.
O.
No sign or any portion thereof shall project out, over or into a
sidewalk, parking area or mall unless the lowest portion of such encroachment
is at least seven feet in height above such sidewalk, parking area
or mall except as otherwise stated in this article.
P.
The physical dimensions of all signs, except those for which a variance
has been granted by the Board of Zoning Appeals, may be modified,
increased and/or their minimum and maximum heights above ground level
varied, as the case may be, by the Commissioner of Buildings, provided
that such deviation is restricted to a maximum of 15% above or below
the specific limitations set by this article.
(1)
Any modification granted by the Commissioner of Buildings, pursuant
to this section, shall terminate upon expiration of the sign permit
associated with such modification.
(2)
All signs shall be restored to and shall comply with all requirements
of this article upon expiration of any modification granted by the
Commissioner of Buildings.
Q.
Nothing shall be attached to or suspended from any sign erected pursuant
to this article.
R.
Any sign which no longer advertises the existing business or the product sold on the premises, nor serves the purpose for which the permit was issued or for which the permit has expired, or is not compatible with the use permitted by this article shall be removed pursuant to § 250.
S.
Signs shall not be painted on the exterior wall surface of any building or structure. All such signs subject to the requirements of Subsection R of this section shall be removed. Existing signs painted on the exterior wall surface of any building or structure shall be obliterated prior to January 1, 1974.
T.
No permit shall be issued hereafter for any sign in which the wood
portions thereof or any wood supporting structural members have not
been painted or treated to resist decay. Existing signs which do not
conform to the requirements of this section shall be similarly treated
or removed prior to January 1, 1973, unless such date is extended
by the Commissioner of Buildings.
U.
All electrical fixtures, motors, receptacles, wiring or other devices
or appurtenances used for the illumination or operation of signs shall
be of an approved type and shall be installed in accordance with the
requirements of the National Electrical Code.
V.
Surfboard signs are a visual blight for motorists, pedestrians, residents
and other inhabitants of the Town of Hempstead and shall be prohibited
in all use districts. A "surfboard sign" shall be defined and identified
as follows: A pole-type structure protruding from the ground, pavement
or other base and extending in a substantially vertical direction
to an angled or hook-shaped top and/or substantially horizontal extension,
to which is attached a flag or banner containing a commercial message
or identifying a commercial product or service of any kind, which
flag or banner is attached to the pole and extends downward from the
said top and/or extension toward the ground, pavement or other base.
Any surfboard sign lawfully in existence on the effective date of
this prohibition shall be permitted to continue as a legal nonconforming
use, except that such legal nonconforming status shall terminate by
amortization on January 1, 2013, at which time maintenance of any
such legal nonconforming surfboard sign shall be a violation of this
section.
[Effective 7-27-2012]
[Effective 7-1-1979; 8-25-2014]
A.
The following fees shall apply to all signs requiring permits:
[Effective 11-7-2016]
(1)
No sign authorized by the Board of Zoning Appeals or subject to a
permit required by this article shall be erected or maintained until
a permit, or the renewal of an existing permit, is issued by the Commissioner
of Buildings, subject to the payment of a fee, every three years,
in the amount of $1.50 per square foot, or fraction thereof, for each
face of the sign used. The minimum fee, every three years, for each
sign requiring a permit shall be $50, except as otherwise stated in
this article.
(2)
Each mobile sign shall be subject to the provisions of Subsection B of this section and all other applicable fee provisions of this article. However, an additional fee of $2 shall be required for each relocation of such sign, to compensate for the inspection services necessitated by the relocation. The permittee of the mobile sign shall keep the Commissioner of Buildings concurrently informed of the relocation of such sign.
(3)
All signs shall be subject to the provisions of this article, except
that fees only may be waived for signs used for religious, charitable,
eleemosynary or educational purposes when owned and located on the
premises occupied by such institution or when such sign is used by
federal, state or municipal governments.
(4)
Temporary sign permits shall be issued for approved construction
or occupancy signs. Such signs shall be removed upon issuance of a
certificate of occupancy or a certificate of completion for the project.
The signs may be relocated to other job sites, subject to the same
conditions outlined herein, provided that the Commissioner of Buildings
is notified prior to each subsequent relocation of the signs. Such
temporary sign permits shall expire not later than six months from
the date of issuance, and the annual fee for each temporary permit
shall be $0.25 per square foot, or fraction thereof, for each face
of the sign used. The minimum annual fee for each sign requiring a
permit shall be $10.
B.
All sign permits, unless otherwise stated, shall terminate one year
from the date of issuance and shall be renewable, if in compliance
with this article, upon payment of the required annual permit fee.
All existing signs authorized by the Board of Zoning Appeals and those
hereafter authorized by such Board shall be subject to the permit
and annual fee requirements of this article.
C.
(Reserved)
D.
Upon filing an application for a sign permit, the Department of Buildings
shall require the applicant to pay 50% of the estimate of all fees
related to the sign permit. Such fees shall not be refunded if the
application for the permit is not approved.
E.
If a permit is revoked, canceled or automatically terminated pursuant
to this article or the application is withdrawn or disapproved, the
applicant shall not be entitled to a refund of any fee paid in connection
therewith.
F.
The following fees shall be payable to the Board of Zoning Appeals
upon application to such Board for a variance from the requirements
of this article:
[Effective 9-23-2024]
(1)
Application to obtain a detached sign 100 square feet or less, either
single- or double-faced: $300.
(2)
Application to obtain a detached sign exceeding 100 square feet,
either single- or double-faced: $300.
(3)
Application to obtain a wall sign 100 square feet or less: $300.
(4)
Application to obtain a wall sign more than 100 square feet: $300.
(5)
Application to obtain a roof sign: $300.
(6)
Application to obtain a renewal of a variance previously granted
for a sign permit: $150.
Any of the following conditions shall constitute justifiable
cause for revocation of permits by the Commissioner of Buildings:
A.
If a sign does not bear the required permit number or other required
markings prominently and permanently affixed on the face thereof.
B.
If any new or existing sign shall hereafter be erected or altered
contrary to the provisions of this article.
C.
If any sign is not maintained in a clean manner, neatly painted,
free from all hazards including faulty wiring, loose or defective
fastenings or, in the opinion of the Commissioner of Buildings, appears
to be in an unsafe condition or which presents a potential hazard
to the public health or safety.
D.
If any sign no longer advertises an existing business or product
sold on the premises.
If any sign is erected, installed or maintained in violation of any provision of this article, the Commissioner of Buildings shall notify, by registered mail, the owner or lessees of the property upon which such sign is located to alter such sign to comply with this article and/or secure the necessary permit or remove the sign. If such order is not complied with within 10 days from the date of receipt of the notification, any sign permit presently in effect shall be automatically revoked, and the Commissioner of Buildings shall determine such sign an illegal sign, and removal thereof shall be made pursuant to applicable provisions of § 250 of this article.
A.
Regardless of any other penalty otherwise prescribed in the Building
Zone Ordinance of Town of Hempstead for an infraction of any provision
therein, any sign which is not in compliance with the provisions of
this article, or for which a sign permit has been revoked or expired,
shall be removed by the owner of the property upon which such sign
is located within 10 days after date of the notice, unless otherwise
stipulated in such notice.
B.
Upon failure to remove such sign within the prescribed time set in
the notice, said owner shall be guilty of a violation punishable by
a fine not exceeding $250 or by imprisonment for a period not to exceed
15 days, and each day's continued failure to correct such violation
shall constitute FBI separate additional violation.
