[Amended 6-25-1985; 12-22-1987; 8-28-1990; 3-7-1995; 5-8-2007; 9-11-2007 by L.L. No. 6-2007]
The purpose of this article is to preserve, protect and promote the health, safety and general welfare of the community by regulating and establishing standards for the erection of signs in the public view within the Town. The Town Board finds that the character, quality and appearance of the Town and the quality of life of its residents are substantially affected by the location, number, height, size, construction and general design and maintenance of signs located therein. The Town Board further finds that regulating and establishing standards for the erection of such signs is reasonable and necessary to achieve the purpose of this article. Therefore, the regulations of sign usage contained herein are intended to:
A. 
Promote the health, safety and general welfare of the community.
B. 
Prevent physical and visual obstructions and distractions to vehicular and pedestrian traffic.
C. 
Prevent confusion with regard to traffic and safety lights, signs and signals.
D. 
Improve business identification and sign comprehension.
E. 
Enhance visibility, and natural and scenic beauty.
F. 
Enhance the aesthetic character of buildings, sites, districts and the Town as a whole.
G. 
Prevent and reduce visual clutter.
H. 
Protect the established character of adjoining properties, both private and public.
I. 
Prevent the depreciation of adjoining properties, both private and public.
No sign shall be erected, altered or maintained except in conformity with this chapter. Any person who causes or permits a sign to be erected, altered or maintained in a manner other than in conformity with this chapter shall be in violation of this chapter and shall be subject to the penalties provided herein.
A. 
All permitted signs shall conform to the Schedule of Sign Regulations located at the end of this chapter, except as otherwise provided herein.
B. 
Ground signs. A "ground sign" shall mean a freestanding sign, commonly made of wood or metal, or other durable materials, attached to a structure intended and designed to support the sign and which is embedded in the ground or anchored in concrete.
(1) 
No permanent ground sign shall be permitted unless the principal building is set back more than 20 feet from the street. Not more than one permanent ground sign shall be permitted per site, except that sites over five acres shall be permitted two such signs.
(2) 
The sign area shall be measured by using a single polygon that encloses the entire structure, including supports where such supports total more than 150 square inches in cross-section area.
(3) 
The area of all sign faces shall be used in computing the sign area unless the faces are parallel and less than 24 inches apart.
[Amended 8-14-2012 by L.L. No. 5-2012]
(4) 
The height shall be measured from the center line of the street in front of the sign.
(5) 
Any sign greater than 12 square feet shall be set back at least 75 feet from the nearest residential lot.
C. 
Wall signs. A "wall sign" shall mean a sign painted on, applied on or otherwise attached to the wall or to the eave of a pitched roof of a building.
(1) 
One wall sign shall be permitted for each establishment that fronts a street and is located on the first floor. Wall signs must face public streets, except that establishments in the CB District shall be permitted to have a second wall sign facing parking lots in the rear of the establishment. The vertical dimension of the second wall sign shall be not more than one foot. No wall sign shall be permitted above another wall sign.
(2) 
The sign area shall be measured by using a single polygon that includes all of the symbols, artwork and background that are different in color and/or material from the rest of the building.
(3) 
The sign height shall be measured from the approved grade at the base of the building.
(4) 
The sign shall project not more than 12 inches from the wall to which it is attached. The sign shall be set back at least one foot from the sides of the establishment. No sign shall project beyond the limits of the lot.
(5) 
No wall sign shall obscure any portion of any window, or project above the wall to which it is attached.
(6) 
In addition to a wall sign, the bottom flap of a vinyl or fabric awning may be used as a sign, provided that the awning conforms to the following specifications:
(a) 
Height above grade: 12 feet maximum.
(b) 
Clearance above grade: seven feet minimum.
(c) 
Set back from all property lines: one foot minimum.
(d) 
Setback from curb, parking and driveways: two feet minimum.
(e) 
Projection from wall: four foot maximum.
(f) 
Pitch: constant, six on 12 minimum.
(g) 
Flap width: eight-inch maximum.
(h) 
Illumination: none.
D. 
Window signs. A "window sign" shall mean a sign consisting of decals, card stock or similar material affixed to a window and/or a sign inside a building and which is plainly visible from the outside.
E. 
Temporary signs. A "temporary sign" shall mean a sign, commonly made of wallboard or vinyl, or other inexpensive materials, that is not permanently affixed or attached to a building, structure or the ground, and is ordinarily used on a temporary basis.
A. 
Any sign not expressly permitted is prohibited. Prohibited signs shall include, but not be limited to, the following and all similar signs:
(1) 
Any sign which poses a hazard to public safety.
(2) 
Any sign which creates a physical or visual obstruction for motorists, pedestrians, or bicyclists; or which conflicts with or resembles an official traffic control or safety device or sign; or any sign that is not in compliance with corner clearance requirements under § 322-16 herein.
(3) 
Mobile or portable signs, which are freestanding signs designed and constructed primarily not to be attached to a building, a structure or the ground.
(4) 
Revolving or moving signs, including signs which have the capability of motion in whole or in part.
(5) 
Flashing or intermittently illuminated signs.
(6) 
Any sign that produces or is capable of producing any sound or emitting any vapor, gas, or dust.
(7) 
Pinwheels, pennants, banners, balloons or other similar devices.
(8) 
Any sign placed or posted on, within, or encroaching upon or over any Town property and/or including the property within any portion of the entire width of the right-of-way boundary lines of any Town street or highway; or on any appurtenance therein, except as otherwise permitted or authorized herein.
(9) 
Any sign on any tree, roof, or on another sign.
(10) 
Any sign that requires a permit or approval from any federal, state or local governmental authority and which does not have such permit or approval.
(11) 
Any sign that promotes a commercial subject matter neither located nor to be provided at or from the site upon which the sign is located; or any temporary sign, not including a window sign, in any district other than Residence, PB or CF that promotes a commercial subject matter located or to be provided at or from the site upon which the sign is located; or any sign that identifies an establishment which has ceased to operate at or from the site upon which the sign is located.
(12) 
Any sign that is dilapidated or otherwise not in a good state of repair.
A. 
Externally illuminated sign. An "externally illuminated sign" shall mean a sign illuminated by spotlights.
B. 
Internally illuminated sign. An "internally illuminated sign" shall mean a sign illuminated by an interior lighting source emitting light through a translucent material.
C. 
No red or green lights or illuminated portions of signs shall be within 100 feet from the point of intersection of the nearest street lines.
D. 
Where illumination of signs is permitted, such illumination may only be between sunset and the close of business.
E. 
Illumination shall be of even intensity at all times; and such illumination shall measure no greater than 1,000 lumens.
F. 
Spotlights shall be shielded to prevent glare, and finished to blend in with the surrounding environment.
A. 
In addition to signs permitted pursuant to § 322-69, every site shall be permitted to use such signs as are required by law or by any governmental authority.
B. 
Signs erected by governmental authorities, excluding signs erected pursuant to and in discharge of any governmental function, law or regulation, shall comply with this chapter unless otherwise exempt under law or specifically waived by the Town Board.
C. 
In addition to signs permitted pursuant to § 322-69, every site with a building shall display the street number(s) in characters three to six inches in height to expedite emergency responses.
D. 
Any sign within the Nissequogue River Corridor that requires approval by the New York State Department of Environmental Conservation must have such approval prior to the issuance of a required Town permit.
E. 
Any sign within 500 feet of a state park or parkway that requires approval from the New York State Office of Parks, Recreation and Historic Preservation must have such approval prior to the issuance of a required Town permit.
F. 
Nothing contained in this chapter shall be deemed to prohibit the use, in any district, of a sign indicating that the premises upon which the sign is located are available for sale or rent.
[Amended 3-20-2025 by Res. No. 2025-275; 5-22-2025 by Res. No. 2025-566]
A. 
No sign may be erected or altered unless and until a permit authorizing same is issued by the Chief Building Inspector, except as otherwise provided herein. No sign permit shall be issued for a site not in conformity with any approved site plan.
(1) 
The sign permit shall not be transferable to another location than that for which it is issued.
(2) 
The permit fee shall be $4 per square foot, but not less than $75.
(3) 
A permit sticker shall be affixed to the face of the sign. Failure to display a current permit sticker on the face of the sign shall constitute a violation of this chapter.
(4) 
The permit must be renewed and the sign shall be inspected every three years. The fee for the renewal of a permit shall be equal to that of the issuance of the original sign permit.
B. 
A sign permit may be revoked by the Chief Building Inspector for a sign that has been altered such that the sign would require a new permit; or such that the sign would be rendered prohibited. Notice of any such condition shall be in writing and shall be served upon the owner or any other person responsible for the sign, either by personal service or by posting same at a conspicuous location at the subject site and sending a copy thereof to such person by certified mail. Upon the failure to correct the condition within 10 days after such written notification, or to establish, within said time period, that no such condition exists, the sign permit may be revoked.
C. 
The Director of Public Safety or the Chief Building Inspector may require the repair, removal or other remedial measure with respect to a sign on private property that poses a hazard to public safety. Notice of such requirement and the reasons therefor shall be in writing and shall be served upon the owner or any other person responsible for the sign, either by personal service or by posting same at a conspicuous location at the subject site and sending a copy of same to such person by certified mail. Upon the failure to correct the condition within 10 days after such written notification, or to establish, within said time period, that no such hazardous condition exists, either director may, but shall not be required to, cause the repair, removal or other remedial measure with respect to any such sign. Notwithstanding the foregoing, the Director of Public Safety or the Chief Building Inspector may require or cause the immediate repair, removal or other remedial measure with respect to any such sign, with or without notice to the owner or any other person responsible for the sign, if either director determines that said sign poses an immediate hazard to public safety. Nothing contained herein, however, shall require either director to make any such determination or to so act in accordance therewith. In any instance in which any such sign is repaired, removed or otherwise remediated by the Town, pursuant to this paragraph, in addition to any other fine or penalty provided under this chapter, the Town shall assess all costs incurred for such service against the owner or any other person responsible for the sign, said costs to be recoverable in a civil action in the name of the Town of Smithtown.
D. 
Any person who causes or permits any sign to be placed or posted on, within, or encroaching upon or over any Town property and/or including the property within any portion of the entire width of the right-of-way boundary lines of any Town street or highway, or on any appurtenance therein, other than in conformity with this chapter, shall be in violation of this chapter. Any such sign shall be subject to immediate removal and destruction, without notice, as authorized by the Director of Public Safety, the Chief Building Inspector, and/or the department head responsible for the maintenance thereof. In lieu of the administration and enforcement provisions under Chapter 322 Article XV of the Town Code, in any action for an alleged violation of this paragraph, there shall be a rebuttable presumption that a person whose name, telephone number, or other identifying information appears on any such sign shall be in violation hereof, for which such person shall be subject to a civil penalty, for each such violation, in a sum of not more than $50 for the first violation and not more than $100 for each subsequent violation, said penalties to be recoverable in a civil action in the name of the Town of Smithtown.
Any sign, other than a temporary sign, lawfully existing prior to the effective date of this article, which, by virtue hereof, does not conform to the requirements of this article, shall be permitted to remain in place for a period of up to two years from the effective date hereof, until expiration of any permit therefor; provided that any such sign is maintained in good state of repair. Such sign and sign assemblages shall be brought into compliance with current requirements or shall be dismantled and removed from their location prior to the expiration of such period. The failure to comply with the provisions of this section shall be a violation of this chapter.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remaining portions hereof, but shall be confined to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.