[Adopted 12-13-1982 by L.L. No. 5-1982]
A.
The purpose of this article is to promote and protect
the public health, welfare and safety by regulating existing and proposed
outdoor advertising signs, outdoor signs of all types and interior
window signs. It is intended to protect property values, create a
more attractive economic and business climate, enhance and protect
the physical appearance of the community, preserve the scenic and
natural beauty and provide a more enjoyable and pleasing community.
It is further intended to reduce sign clutter or advertising distractions
and obstructions that may contribute to traffic accidents, reduce
hazards that may be caused by signs overhanging or projecting over
public rights-of-way, provide more open space and curb the deterioration
of natural beauty and community environment.
B.
The provisions of this article shall govern the construction,
erection, alteration, repair and maintenance of all signs together
with their appurtenant and auxiliary devices.
As used in this article, the following words
and phrases shall have the following meanings:
Any sign related to a business or profession conducted upon
or to a commodity or service sold or offered upon or from the premises
where such sign is located.
Any sign which is designed and constructed to give its message
through a sequence of progressive changes of parts (including sequins
or similar devices) or lights or degree of reflection or lighting,
excluding time and temperature signs.
A person making an application for a permit for a sign or
signs.
A roof-like retractable covering of fabric, cloth or other
material with or without a frame and attached to or supported from
a building.
A piece of fabric, cloth or other material bearing an advertisement,
design, motto, greeting or slogan hung with no other backing, and
used for the purpose of attracting attention or as part of an advertising
display.
Any sign unrelated to a business or profession conducted,
or to a commodity or service sold or offered, upon or from the premises
where such sign is located; or bearing a noncommercial message of
an owner who does not conduct a business or profession at the location
of said sign.
Areas located wholly or partly within the following use districts, as defined in Chapter 340 of this Code:
[Amended 3-18-2021 by L.L. No. 3-2021]
To build, construct, alter, display, relocate, attach, hang,
place, suspend or affix any sign.
A flexible or rigid pole to which one side of a flexible
fabric, generally in the shape of a feather or similar shape, is attached,
and which is used for the primary purpose of advertising or attention-getting
by the public display of visually communicative images. Such banners
are also known and sold under names which include, but are not limited
to, "quill sign," "banana banner," "blade banner," "flutter banner,"
"flutter flag," "bowflag," "teardrop banners," and others. The definition
includes functionally similar display devices."
[Added 3-18-2021 by L.L.
No. 3-2021]
A sign supported by uprights or braces in or upon the ground
and not attached to any part of a building.
The outer surface of a building which is visible from any
private or public street, highway or public parking field.
[1]Any sign located on the inside of a window or within three
feet of the inside of a display window or other opening in a building
or other enclosed structure which is visible from the exterior through
such window or other opening intended to attract the attention of
the public. This term does not include merchandise located in a window.
Any light, string of lights or group of lights located or
arranged so as to cast illumination on a sign.
A roof having two slopes on all sides, the lower one being
steeper than the upper one.
A sign attached to a marquee, canopy or other covering structure
(other than an awning) projecting from and supported by the building.
A cylindrical body of metal, glass or other material, containing
neon or similar gas(es) used for illuminating the borders of windows,
doors, facades or other design elements.
[Added 3-18-2021 by L.L.
No. 3-2021]
A sign or display of lighting or decoration which uses neon
or similar gas(es) for illumination.
[Added 3-18-2021 by L.L.
No. 3-2021]
Person that owns the sign or signs.
Any long, narrow, usually triangular flag, fabric, streamer
cloth or other material. As used in this definition, the word "pennant"
shall include any materials commonly known as "pennants" used in association
with automobile dealerships.
[Added 1-21-1985 by L.L. No. 3-1985]
Any person, firm, partnership, association, corporation,
company, institution or organization of any kind.
A sign not attached to the ground or to any permanent structure.
This includes A-frame- and sandwich-board-type signs.
Any sign which indicates the name, cause or affiliation of
anyone seeking public office, or which indicates any issue for which
a public election is scheduled to be held.
A freestanding sign supported by a single pole without guys,
braces or other supporting framework.
A sign designed to project beyond any face of a building
and perpendicular to it.
Areas not within a business district as defined herein.
A sign which is erected, constructed or maintained on, above
or as part of the roof of any building. This includes signs on any
portion of a mansard roof but shall not include wall signs attached
to a parapet.
Any message attached to any structure or part thereof or
painted or represented thereon, which shall display or include any
letter, word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or
advertisement. The word "sign" includes the words billboard, freestanding
sign, interior sign, as well as any message, neon tube or string,
group or arrangement of lights, or other device, material hung, outlining,
painted upon or attached to part of a building or lot, but does not
include flag, pennant or insignia of any nation, state, city or other
governmental unit.
The area of a sign to be measured as follows:
Where such sign is on a plate, within a frame
or is outlined, all of the area of such plate or area within such
frame or outline shall be included.
Where the sign consists of individual letters,
designs, figures or symbols engraved, painted or in any way placed,
affixed or attached to any part of the exterior of a building or structure
or any part thereof, the area shall be considered to be that of the
smallest geometric shape which encompasses all of the letters, designs,
figures or symbols.
Any sign, including but not limited to neon signs, in or
upon which an artificial light source is utilized in order to illuminate
the information and/or graphics of the sign. An illuminated sign includes
each of the following types:
[Amended 3-3-2022 by L.L. No. 1-2022]
Self-illuminated.
Type A: direct source, wherein the light source itself is shaped
and utilized to form the sign (e.g., neon tubing or an array of individual
lamps).
Type B: interior illumination, wherein a translucent, transparent,
or opaque material which forms the sign is backlit by the light source,
and the light source is enclosed so as not to be visible to direct
view.
Externally illuminated.
Direct external illumination, whereby the sign is illuminated
by a light source placed in a manner so as to cast light upon the
sign from a source other than in the interior of the sign.
Indirect external illumination, whereby the sign, whether on
an opaque, transparent or translucent panel or applied to a window
or other surface of the business establishment, is illuminated by
ambient light.
Superintendent of Buildings of the Village of Rockville Centre.
A structure or combination of materials which constitutes
a sign pursuant to the definition of "sign" in this Code, from which
any materials or structure other than a permitted support structure
extend or protrude from the principal plane of the sign more than
12 inches.
[Added 12-3-2012 by L.L. No. 6-2012]
A sign which is designed to advertise or announce a particular
event or series of events, to solicit political support or to announce
the availability for sale of a particular item or items or the offer
of services which will be available for a limited period.
Any sign mounted on a vehicle normally licensed by the State
of New York or other state as a trailer and used for advertising or
promotional purposes.
A sign which is placed, affixed or attached to a building
and is parallel to the face of the building and does not extend higher
than the lowest elevation of the roof; provided, however, that wall
signs attached to a parapet may extend not more than four feet higher
than the lowest elevation of the roof.
[1]
Editor's Note: Former definition of "illuminated sign," which
immediately followed this definition, was repealed 3-3-2022 by L.L. No. 1-2022.
The following signs shall be exempt from the
provisions of this chapter except as may be expressly regulated elsewhere
in this article:
A.
Construction signs. One construction sign per construction
project not exceeding eight square feet in sign area in residential
districts or 32 square feet in business districts, provided that such
signs shall be erected no more than 30 days prior to the beginning
of construction for which a building permit has been issued, shall
be confined to the site of construction, and shall be removed within
30 days after completion of construction and prior to the issuance
of a certificate of occupancy.
B.
Home improvement contractor signs limited to a maximum
of six square feet on any individual property, provided that the sign
is displayed only during the actual project.
C.
Directional or instructional signs. Signs which provide
direction or instruction and are located entirely on the property
to which they pertain and do not exceed four square feet in area;
signs identifying rest rooms, public telephones, walkways, or signs
providing direction, such as parking lot entrances and exits and those
of a similar nature, provided that there is no advertising on said
sign.
D.
The flags, emblems or insignia of any nation, governmental
subdivision, educational, religious or fraternal organization or not-for-profit
corporation.
[Amended 3-18-2021 by L.L. No. 3-2021]
E.
Governmental signs for control of traffic and other
regulatory purposes, street signs, danger signs, railroad crossing
signs, and signs of public service companies indicating danger and
aids to service or safety which are erected by or on the order of
a public officer in the performance of his public duty.
F.
Holiday decoration signs of a primarily decorative
nature, clearly incidental and customary and commonly associated with
any national, local or religious holidays. Said signs shall not be
erected more than 90 days prior to the holiday and shall be removed
within 30 days after the holiday.
G.
Residential name plates.
H.
Professional identification sign.
I.
Signs located within the interior of any building
or within an enclosed lobby or court of any building, and signs for
and located within the inner or outer lobby, court or entrance of
any theater not intended for view from outside the structure. Such
signs shall comply with the structural, electrical and material specifications
as set forth in this article.
J.
Memorial signs or tablets, names of buildings and
date of erection when cut into any masonry surface or inlaid so as
to be part of the building or when constructed of bronze or other
incombustible material.
K.
Notice bulletin boards not over 32 square feet in
area for public, charitable, religious or nonprofit medical or educational
institutions where the same are located on the premises of said institution.
L.
Plaques or nameplate signs not more than four square
feet in area which are fastened directly to the building.
M.
Official notices posted by public officers or employees
in the performance of the duties, including any notice or advertisement
required by law in any legal proceeding.
N.
Real estate signs. Said signs shall not be illuminated
and shall be removed within seven days after sale, rental or lease
has been effectuated.
O.
Symbols or insignia. Religious symbols, commemorative
plaques of recognized historical agencies or identification emblems
of religious organizations, fraternal organizations or historical
agencies.
P.
Signs warning the public of the existence of danger
to be removed upon the elimination of the danger. Said signs shall
not contain any advertising material but may contain information identifying
the person who erected said sign.
Q.
Barber pole limited to eight feet in height from the
ground.
R.
Sign indicating hours of business, not exceeding three
square feet may be posted on the window surface on a permanent basis
and shall not be counted toward maximum permitted signage.
[Amended 1-21-1985 by L.L. No. 3-1985; 5-5-1986 by L.L. No. 3-1986; 12-3-2012 by L.L. No.
6-2012; 2-4-2015 by L.L. No. 3-2015]
Notwithstanding any other provisions of this
article, the following signs are prohibited:
A.
A-frame signs, sandwich-board sidewalk or curb signs
which create sidewalk obstruction, or similar signs worn or borne
by any person.
B.
Trailer signs.
C.
Signs painted directly on a wall.
D.
Animated and moving signs, except for time and temperature
signs.
F.
Billboards.
G.
Pennants shall not be permitted, maintained, used
or displayed on or after January 1, 2023, Until January 1, 2023, pennants
shall be permitted only under the following conditions:
[Amended 3-18-2021 by L.L. No. 3-2021]
(1)
Pennants are confined within the lot lines of the premises or business
they are advertising or promoting.
(2)
The exterior or perimeter poles to which the pennants are affixed
or strung are a minimum of 35 feet apart.
(3)
Pennants may only be affixed or strung between exterior or perimeter
poles and a center or interior pole.
(4)
No pennant may be affixed or strung, or maintained, between exterior
or perimeter poles.
(5)
The pennants shall be properly maintained in a clean, safe, and physically
intact condition.
(6)
The pennant was lawfully in exterior use on the premises on or before
March 1, 2021.
(7)
All pennants shall be removed on or before January 1, 2023.
H.
Surfboard signs.
A.
General size and area.
(1)
No sign or combination of signs for any single use
on or in a structure in a business district shall exceed an area equal
to three square feet for each foot of linear length of the street
frontage of the structure in which such use is located or a maximum
of 75 square feet, whichever is less. No such sign shall have a height
greater than three feet. In computing the permitted sign area for
a premises the area of permanent interior signs greater than 10 square
feet shall be added to the area of any exterior signs in computing
the permitted square footage of signs for a building. Where a single
use occupies a building with a street frontage greater than 75 feet,
the permitted sign area shall be increased one square foot for each
linear foot of frontage over 75 feet up to a maximum of 110 square
feet of permitted sign area. Where there are two or more occupants
occupying a portion of the first floor frontage of a building, each
such occupant shall be entitled to a sign based upon that portion
of the frontage so occupied.
(2)
Where multiple occupants share a common sign, the
maximum sign area shall be limited as if there were a single occupant
of the building or portion of the building occupied by those sharing
the sign. Where a building has a rear entrance open to the public
on a public way or municipal parking field or private parking area
that is available for public use, one wall sign shall be permitted
on said rear wall. The permitted area of said sign shall be computed
in the same manner as signs on the primary frontage. Where a building
is on a corner and a single use occupies both frontages, signs may
be permitted on each frontage in accordance with the amount of signage
permitted for each frontage.
B.
Wall signs.
(1)
Wall signs shall be attached to the face of the building
in a plane parallel to such face, and shall not extend nor project
more than 12 inches over the sidewalk, street or highway, and shall
not extend higher than the parapet in the case of a one-story building.
In the case of buildings higher than one story, wall signs shall not
extend above the sill of any windows of the second story or more than
15 feet above the outside grade, whichever is lower, except as provided
for herein.
(4)
Wall signs shall not cover any part of a wall opening,
including doors, fire escapes and windows, nor project or extend beyond
any end of the wall to which it is attached.
(5)
One wall sign not exceeding 30 square feet for each
street frontage shall be permitted on manufacturing or other uses
not selling to or serving retail customers.
C.
Marquee signs. Theaters, playhouses and other culturally
oriented performing arts establishments shall be permitted one marquee,
the length of which shall not be longer than the front of the building
in which such establishment is located. Said marquee shall not extend
out from the building line further than a point two feet back of the
street curbline in front of the building and the maximum height shall
not exceed five feet. No sign shall be permitted on any marquee, other
than signs built into and forming a part of the structure of the marquee
which signs shall not exceed the height of four feet and shall not
extend beyond the edge of the marquee. Changeable sign copy may be
included as part of the built-in signage permit on the marquee. The
area of any sign on a marquee shall not be considered in computing
permitted sign for the entire structure.
D.
Permanent interior signs.
(1)
In no case shall a permanent interior sign cover more
than 30% of the window area, provided that if there are more than
150 square feet of window area, said interior sign shall be limited
to no more than 15% of the window area.
(2)
Eighty percent of permanent interior signage exceeding
10 square feet in area shall be counted as part of the maximum sign
area permitted for a particular use.
E.
Freestanding signs. Freestanding signs shall be permitted only in business districts (except as indicated in § 335-8C), provided that the building or use served by the sign is set back at least 10 feet from the front property line. Only one such sign shall be permitted for any building and shall be set back so that no part of such sign extends beyond the property line of the lot on which the building is located. The top of such sign shall be no higher than 15 feet from the ground. Such sign may have two faces, each of which may contain advertising. Such sign shall not contain more than 24 square feet per face. The location and illumination of such sign shall not block the view of or otherwise interfere with official traffic signs and signals.
F.
Roof signs. Roof signs shall be permitted only on
those buildings within business districts in accordance with the following
conditions:
(1)
Only one such sign shall be permitted on any building,
provided that such sign may contain two faces.
(2)
The top of such sign shall not be more than 12 feet
above the lowest elevation of the roof.
(3)
The area of such sign shall not exceed 32 square feet
per sign face.
(4)
Such signs shall be set back a minimum of three feet
from the exterior wall of the building on which the sign is located.
Where roof parapets exist, a roof sign shall be set back a minimum
of three feet from the rear of all roof parapet walls.
(5)
Roof signs shall have a clear space of a minimum of
three feet and a maximum of five feet between the bottom of the sign
and the roof below the sign or the top of the parapet wall, whichever
is higher. In no event shall the top of such sign be more than 12
feet above the lowest elevation of the roof.
(6)
All such roof signs shall be designed to withstand
a minimum horizontal wind pressure as shown in the following table,
applied to the projected specified area, allowing for wind from any
direction.
|
Height From Ground to Top of Sign
(feet)
|
Wind Pressure
(pounds per square feet)
| ||
|---|---|---|---|
|
Solid Signs
|
Open Signs
| ||
|
Up to 30
|
25
|
15
| |
|
31 through 50
|
35
|
25
| |
|
51 through 99
|
42
|
30
| |
|
100 through 199
|
49
|
35
|
(7)
All roof signs shall be designed according to general
accepted engineering practice to withstand wind pressure as specified
in Subsection E(6). The loads shall be distributed to the structural
members of the building in such a way that these members will not
be overstressed.
(8)
The seal and certification of a professional engineer
or registered architect licensed by the State of New York must be
affixed to design specifications for each roof sign submitted with
the application. The sign shall be recertified by a licensed professional
engineer or registered architect every 10 years.
H.
Projecting signs. Projecting signs shall be permitted, provided that:
[Amended 2-4-2015 by L.L.
No. 3-2015]
(1)
Such sign does not overhang or extend beyond the property line of
a building lot.
(2)
The surface area of such sign may not exceed nine square feet or
a maximum of 20% of the permitted sign area of a building, whichever
is less.
(3)
The height from the ground level to the bottom of the sign shall
be not less than seven feet, and the sign may not project more than
40 inches from the building.
(4)
Projecting signs may be illuminated or lighted, provided that the
light source is not visible, and all electric wiring is concealed,
unless the Superintendent determines otherwise. The Superintendent
may permit external lighting if the source of light is not part of
the sign. Internally lit signs shall not be permitted. Flashing or
intermittent lighting shall not be permitted. Only white lighting
shall be permitted.
(5)
Projecting signs may be double faced.
(6)
The sign area of a projecting sign shall be counted as part of the
permitted sign area.
(7)
Projecting signs shall not interfere with the view of any adjacent
signs.
(8)
Projecting signs shall not extend above the roofline or parapet,
whichever is higher.
(9)
Projecting signs, supports and brackets shall comply with all applicable
design codes and standards in effect at any time the sign is maintained.
A.
Dwellings for four or more families may have displayed
nonilluminated signs identifying the premises, having an aggregate
total face area of not more than 12 square feet and located so that
no portion of the sign overhangs or extends beyond the property line
of the dwelling.
B.
Nonresidential uses permitted pursuant to Chapter 340 of this Code may have displayed nonilluminated signs pertaining to the use of property.
C.
Political signs are permitted, provided that they
are removed within 10 days after the election to which they pertain.
A.
The Superintendent may grant permission for the maintenance
of one or more temporary signs to a charitable, political or nonprofit
organization for a period not to exceed 75 days. Any such permitted
signs shall be installed in accordance with the following provisions:
(1)
Such sign shall not be erected earlier than 75 days
prior to the event of which it gives notice and shall be removed within
10 days after such event.
(2)
Such sign shall not exceed 32 square feet in area
or four feet in height.
(3)
Such sign shall not be located on trees, fences, utility
poles or light standards.
(4)
Such sign shall not be a roof sign.
(5)
Only one such sign shall be permitted on a lot.
(6)
Such signs shall be permitted only in business districts.
(7)
In the event that any such sign is not removed within
the allowed time period, the Superintendent shall cause to be removed
those signs which remain. The applicant will be charged the cost of
such removal.
B.
A temporary sign announcing anticipated occupancy
of a building site shall be permitted for a period not to exceed three
months without the Superintendent's review, provided that such sign
shall not exceed 16 square feet if it is freestanding and shall not
exceed the maximum permitted sign area for a building if it is affixed
to a building.
C.
A temporary interior sign or combination of temporary interior signs shall not cover more than 50% of each window through or upon which it is affixed, displayed or painted. Such percentage of window coverage shall be reduced by the percentage of window coverage of any permanent interior sign. (See § 335-5D.) Permitted temporary interior signs are allowed without permit.
[Amended 2-4-2015 by L.L.
No. 3-2015]
A.
No sign shall contain information regarding a business, product or
service not conducted at or available from the premises at which the
sign is located; provided, however, that nothing herein shall be construed
as limiting an owner of a sign or premises from displaying upon said
sign any noncommercial message whether or not said noncommercial message
bears any relationship to any business, product or service conducted
or available at the premises.
B.
Every illuminated sign or lighting device shall employ only lights
emitting a light of constant intensity, and no sign shall be illuminated
by or contain flashing, intermittent, rotating or moving light or
lights. Permanent signs illuminated from outside the boundaries of
the sign shall not be permitted unless the direct beam or glare is
not visible from any abutting right-of-way or any adjacent property.
In no event shall an illuminated sign or lighting device be so placed
or directed so as to permit the beams and illumination therefrom to
be directed or beamed upon a public street, highway, sidewalk or adjacent
premises so as to cause glare or reflection that may constitute a
traffic hazard or nuisance.
C.
A freestanding sign to identify the occupants of a medical or professional office building or religious institution shall be allowed in any district at the property where such uses are permitted under Chapter 340 of this Code. Said sign may be erected with two poles, provided that all other requirements of this section are satisfied.
D.
A sign shall not utilize more than four colors. Black and white shall
be considered as colors.
E.
A sign shall not be placed in a position that will obstruct or impair
vision or interfere with pedestrian or vehicular traffic or in any
manner create a hazard or disturbance to health, safety or welfare
of the public.
F.
A sign shall not utilize the colors red, yellow or green where, in
the judgment of the Commissioner of Police and/or the Superintendent
of Buildings of the Village of Rockville Centre, a potential safety
hazard would be created due to confusion or a conflict with traffic
control devices.
A.
Except for signs covered in §§ 335-7B, C and D, 335-6C and 335-3 herein, it shall be unlawful for any person to erect, alter, paint with a new message, redesign, relocate, reconstruct or maintain, or cause to be erected, altered, painted with a new message, redesigned, relocated, reconstructed and maintained any sign, without first having obtained a permit therefor from the Superintendent. The fee for said permit shall be at the level fixed from time to time by resolution of the Board of Trustees.
B.
The following two operations shall not require a sign
permit:
(1)
Replacing copy. The changing of the advertising or
message on an approved sign which is specifically designed for the
use of replaceable copy, provided that the sign refers to the same
use or activity in accordance with this article and that the letters
are legible in the particular circumstances.
(2)
Maintenance. Painting, repainting, cleaning and other
normal maintenance and repair of a sign or a sign structure unless
a structural change is made.
C.
An application for a sign permit shall be made on
a form provided by the Superintendent, which application shall include
and be accompanied by:
(1)
Name, home and business address and telephone numbers
of the applicant.
(2)
Name, business address, telephone number and certificate
of insurance of the sign installer in an amount to be determined by
the Superintendent.
(3)
Verified certification from the sign installer that
the sign will be properly secured to the building or structure in
a safe manner.
(4)
Location of building, structure or land to which or
upon which the sign is to be erected.
(5)
Exact dimensions of the sign.
(6)
The specific details of the construction of the sign
showing the lettering and/or pictorial matter composing the sign,
the position of lighting or other extraneous devices on the sign and
a detailed sketch of the location of the sign showing the position
in relation to buildings or structures within 100 feet of the sign
and to any private or public road or highway.
(7)
Sketches drawn to scale and supporting information
indicating the location of the sign on the building, colors, types
of lettering or other graphic representation and materials to be used,
electrical or other mechanical equipment, and details of its attachment
and hanging. Samples of materials shall accompany the application
when required by the Superintendent.
(8)
The written, signed and acknowledged consent of the
owner of the property upon which such sign is to be erected and maintained.
[Amended 3-18-2021 by L.L. No. 3-2021]
(9)
The written, signed and acknowledged agreement on
the part of the applicant and the owner of the premises that such
applicant and owner shall hold the Village harmless from and against
any claim, liability, loss or expense (including reasonable attorneys'
fees) by reason of any injury to person or property arising out of,
or resulting from negligence or other conduct, cause or otherwise
on the part of the Village, applicant, owner or any of them in connection
with said sign, and authorizing and permitting the Village to remove
the sign, at the expense of the applicant and owner, in the event
it shall be abandoned or become unsafe.
[Amended 3-18-2021 by L.L. No. 3-2021]
(10)
A permit fee as set from time to time by resolution
of the Board of Trustees.
[Amended 3-18-2021 by L.L. No. 3-2021]
(11)
A certificate of liability insurance maintained by
the sign installer, and covering the applicant as an additional insured,
in an amount as reasonably determined by the Superintendent.
[Amended 3-18-2021 by L.L. No. 3-2021]
(12)
Such other pertinent information as the Superintendent
may reasonably require.
D.
Every sign requiring a permit shall bear the Village
of Rockville Centre permit number in letters of no less than 1 1/4
inches on the lower left corner of the sign (e.g., RVC No. 4567).
E.
Sign permits shall be valid for a term of two years;
and except as otherwise provided in this article, permits for lawfully
existing signs may be renewed for subsequent periods of two years
each. Such renewals shall be subject to a permit renewal fee as determined
from time to time by resolution of the Board of Trustees.
[Amended 3-18-2021 by L.L. No. 3-2021]
A.
If any sign regulated herein is unsafe or insecure
or is a menace to the public or has been erected in violation of the
provisions of this article as determined by the Superintendent, the
Superintendent shall give written notice to the permittee to either
conform or remove the sign. If the permittee fails to remove or alter
the sign so as to comply with the standards herein set forth within
14 days after such notice, the permit for such sign shall be withdrawn
and such sign may be removed by the Superintendent or his authorized
agent at the expense of the permittee or owner of the property on
which it is located. The Superintendent shall cause any sign which
is an immediate peril to persons or property to be removed summarily
and without notice.
B.
Any sign, sign structure or portion thereof now or
hereafter existing which no longer advertises a bona fide business
conducted or a product available for purchase by the public on the
premises shall be removed by the owner, agent or person having the
beneficial use of the building or structure upon which such sign may
be found within 30 days after written notification from the Superintendent,
and, upon failure to comply with such notice within the time specified
in such order, the Superintendent is hereby authorized to cause removal
of such sign, and the expense of said removal when certified by said
Superintendent to the Village Board, shall be paid by the Village,
and such amount shall thereupon be and become a lien upon the premises
in question and shall be levied, corrected, enforced and collected
in the same manner and under the same penalties as an assessment for
a public improvement. In the case where an existing contract between
an owner of a sign and owner of the land shall have restricted or
limited the responsibility of the landowner for removal of the sign
the owner or stockholder of any corporation that owns the sign shall
not be eligible for any future permit until said lien is satisfied.
C.
All signs shall be maintained in their original and
approved condition in terms of structural integrity and quality of
appearance. The Superintendent shall withdraw the permit for any sign
that is not properly maintained, causing such sign to become nonconforming.
D.
The Superintendent shall, as practicable, survey the
Village for signs which do not conform to the requirements of this
article. Upon determination that a sign is noncompliant or nonconforming,
the Superintendent shall use reasonable efforts to give written notice
to the occupant and owner of the property on which the sign is located
as to the following:
[Amended 3-18-2021 by L.L. No. 3-2021]
E.
Any sign lawfully existing on or after January 1,
2021, which does not conform with the provisions of this article shall
be considered a legal nonconforming sign, provided that a sign permit
or variance is in effect on such date permitting such sign, or the
sign otherwise was lawfully existing on the date of adoption of this
article, and the sign is not required by any provision of this article
to be removed.
[Amended 3-18-2021 by L.L. No. 3-2021]
F.
Termination or loss of legal nonconforming status.
[Amended 11-18-1991 by L.L. No. 8-1991; 11-27-1995 by L.L. No. 11-1995; 3-18-2021 by L.L. No. 3-2021]
(1)
The legal nonconforming status of a sign shall be considered to have
terminated, and such sign shall be considered abandoned, regardless
of intent, if any of the following circumstances apply:
(a)
On or after the date the sign became legal nonconforming, the
sign is or has been altered in any way in structure, including size,
shape or dimensions.
(b)
The sign is or has been relocated to a position other than that
in which it was located at the time it became legal nonconforming,
and the current position or condition is not in compliance with the
requirements of this chapter.
(c)
The sign is or has been replaced after the date it became legal
nonconforming, and the present condition or location of the sign does
not conform to the Village Code currently in effect.
(d)
Fifteen years have elapsed from the adoption of this article.
(2)
In the event the legal nonconforming status of a sign has terminated pursuant to Subsection F(1)(a), (b), (c) or (d), the sign shall immediately be brought into compliance with this article, and a new permit secured therefor, or shall be removed by the owner or occupant of the property or sign. If not so removed, such sign shall be deemed to be an abandoned sign and shall be disposed of in accordance with the provisions of § 335-10B of this article.
G.
Nothing in this section shall relieve the owner or
user of a legal nonconforming sign or owner of the property on which
the legal nonconforming sign is located from the provisions of this
article regarding safety, maintenance and repair of signs; provided,
however, that any repainting, cleaning and any other normal maintenance
or repair of the sign or sign structure shall not modify the sign
structure in any way.
H.
Failure to comply with any of the provisions of this
article shall be deemed a violation, and the violator shall be liable
to a fine in accordance with general penalty provisions of the Rockville
Centre Code,[1] and each day such violation continues shall constitute
a separate violation.
I.
Unless permitted by other provisions of this article, any feather
or surfboard sign in existence on or after June 1, 2013, shall be
removed. Any person who shall cause or permit the maintenance or continued
use of any such surfboard sign on or after June 1, 2013, shall be
guilty of a violation.
[Added 12-3-2012 by L.L. No. 6-2012; amended 3-18-2021 by L.L. No. 3-2021]
