Town of Hempstead BZO, NY Signs

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.

(5)

The purposes to which § 263 of the Town Law refers.

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.

§ 243 Definitions.

The following definitions shall apply to this article:

ANIMATED SIGN

A sign which depicts action or motion by flashing or otherwise, requiring electrical energy, electronic or other source of supply.

ARCADE

An arched or covered way that affords a common passageway to entrances of various shops or establishments along its course.

AREA OF SIGN

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.

AWNING

An unenclosed roof structure supported entirely by the building to which attached and which may be of a stationary or retractable type.

AWNING SIGN

Any lettering attached to or inscribed on an awning.

CANOPY

A freestanding unenclosed roofed structure which may be connected to but not necessarily supported by the building or structure from which it extends.

CANOPY SIGN

Any lettering attached to or inscribed on a canopy, or any sign attached thereto.

COVERED MALL

For purposes of application of the requirements of this article, the terms "arcade" and "covered mall" shall be considered synonymous.

DETACHED SIGN

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.

DIRECTIONAL SIGN

Any sign which is located outdoors and is used for guidance, instruction or direction.

DOUBLE-FACED SIGN

A sign having its opposite surface areas used in any manner described under the definition of "sign" in this section of this article.

ERECT

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.

FACADE

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.

FACADE SIGN

Any sign erected on a facade that does not:

Exceed 1/3 the area of the facade.

Exceed in length 90% of the horizontal measurement of each tenant's wall space.

Project more than 12 inches beyond the exterior face of the building, including any artificial lighting or reflectors connected thereto.

ILLUMINATED SIGN

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.

LIGHTING DEVICE

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.

MARQUEE

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.

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. 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.

MULTIFACED SIGN

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.

NONCONFORMING SIGN

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.

POSTER SIGN

A sign which affixed to a surface by the use of an adhesive.

PROFESSIONAL SIGN

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.

PROJECTING SIGN

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.

REVOLVING SIGN

Any sign which revolves about an axis.

ROOF SIGN

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.

SIGN

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.

SWING OR CURB SIGN

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.

TEMPORARY SIGN

A sign which is permitted to be used or erected for a limited period of time pursuant to the provisions of this article.

WALL SIGN

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.

WINDOW 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.

§ 244 Signs permitted in specific use districts.

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.

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.

The following signs shall be permitted in Edu-Cultural (E) and Mitchel Field Hotel (MFH) Districts:

(1)

Without a permit:

(a)

Professional sign pursuant to Subsection A(1)(a) of this section.

(b)

Religious sign pursuant to Subsection A(1)(b) of this section.

(c)

Sale or rent sign pursuant to Subsection A(1)(c) of this section.

(d)

Name and address sign pursuant to Subsection A(1)(d) of this section.

(e)

Interior sign pursuant to Subsection A(1)(e) of this section.

(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:

(a)

Professional sign pursuant to Subsection A(2)(a) of this section.

(b)

Construction or occupancy sign pursuant to Subsection A(2)(d) of this section.

(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.

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.

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.

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.

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]

§ 244.1 Political signs.

[Effective 10-2-2008]

Political signs in connection with elections shall be permitted without a permit in all use districts, except that:

The sign may not be installed, erected or otherwise placed more than 90 days prior to the date of the election to which it relates; and

The sign shall be removed within 10 days after the election to which it relates; and

The face of the sign shall not exceed 32 square feet.

§ 245 Setback requirements.

[Effective 5-20-1974]

All signs erected or used pursuant to this article shall comply with the following requirements unless otherwise specifically stated.

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).

No signs shall be erected or maintained on any corner lot at intersecting streets which may interfere with traffic visibility across the corner.

§ 246 General provisions.

The following provisions shall apply to all signs:

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.

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]

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

All signs permitted by this article shall also be subject to the requirements of other governmental agencies having jurisdiction.

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.

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.

(3)

The definition of "area of sign" in § 243 of this article shall be used for computing the required fees for all signs requiring a permit, including those dimensions which have been increased because of a modification granted by the Commissioner of Buildings under the provisions of this section.

Nothing shall be attached to or suspended from any sign erected pursuant to this article.

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.

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.

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.

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.

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]

§ 247 Permit required; fees.

[Effective 7-1-1979; 8-25-2014]

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.

(5)

Temporary sign permits issued for other than construction and occupancy signs shall expire not later than 30 days from the date of issuance, and the fee for each temporary permit shall be equivalent to the annual fee computed pursuant to Subsection A(4) of this section.

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.

(Reserved)

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.

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.

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:

(1)

Application to obtain a detached sign 100 square feet or less, either single- or double-faced: $125.

(2)

Application to obtain a detached sign exceeding 100 square feet, either single- or double-faced: $200.

(3)

Application to obtain a wall sign 100 square feet or less: $125.

(4)

Application to obtain a wall sign more than 100 square feet: $200.

(5)

Application to obtain a roof sign: $250.

(6)

Application to obtain a renewal of a variance previously granted for a sign permit: $100.

§ 248 Revocation of permit.

Any of the following conditions shall constitute justifiable cause for revocation of permits by the Commissioner of Buildings:

If a sign does not bear the required permit number or other required markings prominently and permanently affixed on the face thereof.

If any new or existing sign shall hereafter be erected or altered contrary to the provisions of this article.

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.

If any sign no longer advertises an existing business or product sold on the premises.

§ 249 Compliance.

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.

§ 250 Removal of signs; penalties for offenses.

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.

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.