Article VIII Supplementary Regulations

The aggregate of all accessory buildings, regardless of use, shall not occupy more than 30% of the area in the required rear or side yard.

Passive accessory use:

Such building shall not exceed 15 feet in height.

Such building shall be set back five feet from any lot line and shall be located at least 10 feet from the principal building.

Such buildings may contain electric. Plumbing and heating and cooling is prohibited.

Active accessory use:

Such building shall not exceed 15 feet in height.

When situated on lots of half an acre or less, such building shall not exceed 250 square feet in size. When situated on lots of over half an acre, such building shall not exceed 300 square feet in size.

Such building shall not be constructed with a cellar or below-grade story.

Such building shall be set back a minimum of 10 feet from any lot line and at least 10 feet from the principal building. If such building is a pool house it shall not be located more than 25 feet from the pool.

Only one building containing active accessory uses will be permitted on a property.

Such building will be permitted to contain electric, plumbing and heating.

Such building shall contain no more than one room except for when a powder room (toilet and sink) is provided.

[8]

Such building may contain a toilet and sink. No indoor showers permitted. Shower facilities must be located outside the structure with no interior access.

[9]

Such building may contain a fridge and sink, however full kitchen facilities including a cook top, stove or oven or the like are prohibited.

[10]

Sleeping facilities are prohibited.

[11]

At no time shall the use of the active accessory structure violate Chapter 173, Noise.

[12]

At no time shall the active accessory structure be used in such a manner to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration or noise or to be used in such a manner as to cause injury, annoyance or disturbance of any of the surrounding properties and to their owners and occupants.

No accessory building shall project nearer to the street on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Planning Board may authorize the erection of such garages under the following conditions:

If the natural slope is from 10% to 20% within 25 feet of the street line, the Board may permit a garage not closer than 10 feet to the street line.

Where such slope exceeds 20%, a garage may be permitted not closer than five feet to the street line.

Flagpoles may be located in any required yard, provided that:

[Added 8-5-2019 by L.L. No. 7-2019]

Such flagpole shall not exceed 25 feet in height;

Such flagpole shall be set back from any lot line a distance equal to its height; and

Such flagpole shall be installed to the manufacturer's specifications.

Corner lots: obstruction to vision at street intersections. At all street intersections in all residence districts, that portion of any corner lot within the triangle formed by the street lines of such lot and a line drawn between points on each street line 50 feet distant from their point of intersection shall be cleared of all growth, except isolated trees, and obstructions above the level three feet higher than the center line of the street.

Exceptions to yard requirements.

Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings. Paved areas, other than such as are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a lot line.

Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this chapter.

Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the two existing dwellings with the greatest setbacks within 200 feet on each side of the said proposed dwelling on the same side of the street within the same block and the same district.

Fences.

On any lot or plot, no fence may be erected or maintained on the rear lot line or any side line of the lot, extending from the rear line thereof to the setback line of the main building or structure projected to the side lines of the lot, exceeding 6 1/2 feet in height; and further, no fence may be erected or maintained on the front line of the lot or any side lines of the lot, extending from the front thereof to the side lines of the lot, exceeding three feet in height. Any fence enclosing a front yard of any lot or plot must be of open wood-type construction.

[Amended 11-4-2019 by L.L. No. 28-2019]

These conditions shall apply also to corner lots, with the additional requirements of existing Subsection B.

Temporary handicapped ramps meeting ADA standards. Said structures are temporarily exempt under the following conditions:

[Added 3-23-2016 by L.L. No. 2-2016]

The disabled individual for whom the ramp is constructed must reside at the subject dwelling.

The request for exemption must be accompanied by a letter from a doctor and confirms that such ramp structure is medically necessary.

The structure is either removed or receives the necessary variance with the subject disabled individual no longer resides at the property.

Single and separate lots. A single and separate lot, as defined in § 250-9 of this chapter, may be used for a one-family residence, provided that an application for a building permit for such use shall be accompanied by a certified title abstract certifying that such lot is, in fact, owned individually and separately from adjoining property. Existing single and separate lots meeting the above stipulations shall comply with the following:

[Amended 6-24-2002 by L.L. No. 7-2002]

For One-Family Residences in:	For Lots with Width		Minimum Width for Any Side Yard (feet)	Total Both Side Yards (feet)
For One-Family Residences in:	Greater Than (feet)	Less Than (feet)	Minimum Width for Any Side Yard (feet)	Total Both Side Yards (feet)
R-A	125	150	20	60
R-A, R-B1, P-A	100	125	20	50
R-B1, P-A	80	100	18	40
R-B2, R-B3, R-M, R-O	80	100	15	35
R-B2, R-B3, R-M, R-O	60	80	10	25
R-B2, R-B3, R-M, R-O	--	60	7 1/2	5 inches for each foot of lot width

Uniformity of design. In order to avoid monotony of architectural design, no building permit shall be issued for the erection of a home located within an approved plat containing five lots or more if it is substantially like any neighboring building which is existing or for which a building permit has been issued or is being concurrently considered.

A building shall be considered neighboring if it fronts on the same street as the building being considered and which is the first or second house along the street in either direction or which faces the building site being considered from across the street.

In considering the items listed in Subsection E(3), buildings shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback differences. Buildings between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be alike in related location of such elements.

Buildings shall be considered substantially alike unless they differ in at least three of the following respects or dimensions:

Setback from the street.

Relation of a garage visible from the street to the main structure.

Length of the main roof ridge.

Height of the roof ridge above the first floor elevation.

Width, measured perpendicular to the main roof ridge, if the building has a gable extending from the main roof visible from the street.

Relationship to each other of either windows, doors, chimneys or any porch in the front elevation.

The Planning Board may waive or vary any requirement of this section where the layout of the neighborhood, road pattern, topography, observation of natural features, views and the siting of individual structures is such to avoid monotony of appearance despite similarity of buildings.

Lighting and sound systems. The provisions of this section shall apply to all principal and accessory uses or activities permitted within a residential district or within 200 feet of a residential district boundary line.

Any outdoor lighting shall be adequately shielded and directed away from the adjoining properties.

Any public-address system or loudspeaker devices which can be heard beyond the property lines are specifically prohibited.

Swimming pools on undersized lots. The provisions of this section shall apply to existing small lots, as described in Subsection D herein, with or without an existing structure thereon.

[Added 8-10-1977 by L.L. No. 8-1977]

No pool may be constructed closer than five feet to any existing structure(s).

No pool may be constructed closer than four feet to any property line(s).

No pool may be constructed in a front yard between the dwelling unit front yard setback line and the front property line.

No pool may be constructed in a side yard facing a street between the rear setback line of the dwelling unit and the front property line.

§ 250-29 Multifamily residence districts.

All other provisions of § 250-11C(3) herein remain applicable to this provision.

Distance between buildings. The following minimum distances between buildings shall be observed:

Between a principal building, other than a one-family dwelling, and a one-story accessory building: 20 feet.

Between any two other buildings: a distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.

Notwithstanding any other provision of this chapter and except as provided hereinafter, no building on any lot shall intrude into any area enclosed by an arc of a circle with a radius of 60 feet extending 70º on each side of a line perpendicular to the center of any window, other than a bathroom or kitchen window, and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building the plane of which intersects the plane of the wall in which the subject window is located at an exterior angle of more than 90º. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is a part of the same or of another building on the same lot.

Courts.

Inner courts. An inner court is permitted if the minimum dimension of such court is not less than 60 feet.

Outer courts. The minimum width of an outer court shall be 20 feet, and its depth shall not exceed its width.

§ 250-30 Nonresidential buildings.

[Amended 7-7-2014 by L.L. No. 17-2014]

Height regulations. Where a building has frontage on two or more streets or other public rights-of-way, the height limitation shall apply only as measured from the curb level along the street or way with a higher elevation above sea level.

Waiver of yards. No side yard or rear yard shall be required where such yard abuts an operating railroad right-of-way.

Courts.

Inner courts. No inner court shall have a minimum dimension less than the average height of all surrounding walls.

Outer courts. The depth of the court shall not exceed the width; however, the minimum width of an outer court shall in no case be less than 20 feet.

§ 250-31 Signs.

[Amended 3-10-1971; 3-13-1974; 3-7-1984 by L.L. No. 2-1984; 11-5-1986 by L.L. No. 8-1986; 5-6-1996 by L.L. No. 7-1996; 5-8-2000 by L.L. No. 7-2000; 8-28-2000 by L.L. No. 13-2000; 6-26-2006 by L.L. No. 2-2006; 9-9-2013 by L.L. No. 1-2014]

Purpose and intent.

Purpose. As a prominent part of the visual environment, signs attract or repel the viewing public. As identification devices, signs must not subject the viewing public to excessive competition for their visual attention. The purpose of this section is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements, as more particularly set forth below:

To promote the use of signs which are aesthetically pleasing, of appropriate scale, and integrated with surrounding buildings and landscape;

To balance public and private objectives by allowing adequate signage for business identification;

To promote attractive signs which clearly present a visual message in a manner that is compatible with their surroundings. The appearance, character and quality of the community are affected by the location, size, construction and graphic designs. Therefore, such signs should convey their messages clearly and simply, to the enhancement of their surroundings;

To prevent property damage and personal injury from signs which are improperly constructed or poorly maintained;

To protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the streetscape, which affects the image of the Village of Port Jefferson;

To provide for a reasonable amortization period for all preexisting noncompliant signage which do not possess a valid permit from the Village of Port Jefferson;

To promote the free flow of traffic and to protect pedestrians and motorists from injury and property damage resulting from cluttered, distracting, and/or illegible signage.

MODIFICATION or ALTERATION

To establish specific signage standards for scenic corridors to ensure that the number, height, material, lighting, and size of the signage is not detrimental to the visual quality of such corridors.

Definitions. The following terms, as used in this section of Article VIII, shall have the following meanings:

AWNING

Any retractable or fixed shade-producing device made of fabric covering a rigid skeleton structure attached to a building.

BANNER or PENNANT

A sign that is painted or displayed on a sheet composed of fabric, pliable plastic, paper or other nonrigid material, fastened to the exterior of a building, exterior structure, or in a freestanding stand or apparatus which allows the pole to remain upright, including wave, teardrop, bow, feather, kite, wing, sail or other outdoor banners, but excluding any flag representing any federal, state, other governmental entity, or not for profit.

BARREL ROLL AWNING

Awnings that are rounded from the top to the bottom of the awning as the awning falls away from the building wall.

BILLBOARD

A sign relating, in whole or in part, to a business, commodity, service, entertainment or attraction sold, offered or existing at a location other than the location where such sign is displayed.

BOX SIGN

A sign which is capable of being internally lit, which is formed in any shape, whether regular or irregular, including channel lettering.

CANOPY

An architectural projection comprised of a rigid structure over which a fabric covering is attached that provides weather protection, identity or decoration and is supported at one end by the building to which it is attached and at the outer end by not less than one stanchion.

DIRECTIONAL SIGN

Signs giving only direction to the viewer and containing no advertising message.

DIRECTORY SIGN

A freestanding or wall sign, which lists multiple establishments located at a single property or located within a single building.

EMBELLISHMENT

Structural or decorative elements or enhancements of a sign, but excluding any symbols, logos or lettering thereon.

ESTABLISHMENT

A nonresidential entity encompassing a portion of, or the entirety of, a structure.

FREESTANDING SIGN

A sign detached from any supporting element of a building and consisting of a double- or single-sided sign face attached to a double-pole structure embedded in the ground or mounted on its own self-supporting permanent structure or base. Freestanding signs include monument signs.

HISTORIC NEON SIGN

A neon sign in existence prior to the date of incorporation of the Village of Port Jefferson.

MANSARD ROOF

For the purposes of sign placement, mansard roof refers to the lower, more steeply sloped portion of the roof having a pitch of a twelve-inch or greater vertical projection for each six-inch horizontal projection.

MARQUEE

A structure over the entrance to a theater, which incorporates removable letters that can be reconfigured to inform the viewing public of programming. May contain a cache of light bulbs, which must remain stationary and unblinking.

MENU BOX

An enclosed structure intended to or used to display a menu.

The changing of language, structure, wording, layout, configuration, size or material, not to include changing of color.

MONUMENT SIGN

A freestanding sign where the aggregate width of its supports is equal to or greater than 40% of the width of the sign itself, as illustrated below.

NATURAL GRADE

The highest point of the natural grade of the ground, as it naturally exists, at the base of a freestanding sign or, in the case of signs affixed to a structure, at the base of the building to which such sign is affixed.

NEON SIGN

A sign capable of being illuminated consisting, in part, of a glass tube filled with neon, argon, mercury or other gases caused to emit light by the passage of an electric current and commonly bent into various forms, or equivalent lighting method or fixture which has the same appearance or effect as traditional neon.

NON-OPAQUE or TRANSLUCENT

A window sign is non-opaque or translucent when it allows the viewing public to see through the signage. This may be accomplished by, but not limited to, affixing individual lettering to the glass, allowing the remainder of the glass to be unobstructed, using clear window decals or frosting a portion of the glass. The end result must allow the public to be able to visually determine what is on the other side of the glass while their view is partially, but not significantly, obstructed.

OBSOLETE SIGN

A sign that no longer directs, advertises or identifies a legal use, product or activity on the premises where such sign is displayed.

OCCUPANCY FRONTAGE

A single lineal dimension measured horizontally along a wall of a building which defines the limits of a particular establishment at that location and which may contain pedestrian access.

OPAQUE

A window sign is opaque when it significantly or completely blocks the viewing public's ability to determine what is behind the glass. This can be accomplished by, but not limited to, affixing a poster or solid decal to the window or the frosting of glass, leaving only lettering or images clear.

PARKING ENFORCEMENT SIGN

Signage located within or at the entrance of a parking lot that sets forth the rules and regulations relating to the parking of a vehicle in said lot.

PEDESTRIAN ACCESS

A doorway which has been designed primarily for the use of the patrons or customers of a permitted use located within a given structure.

PITCHED ROOF SIGN

A sign located on a roof of a building or structure whereby the sign is mounted parallel to the facade of a building or structure with the bottom portion of the sign directly attached to the roof and the top of the sign attached to the roof via a strut, bracket or similar device.

POLE SIGN

A freestanding sign wholly supported by a single vertical pole or similar structure embedded in the ground.

PROJECTING OR BLADE SIGN

A sign attached perpendicularly to a building or structure that projects from and is supported by a wall of such building or structure.

PUBLIC STREET FRONTAGE

A pedestrian walkway fronting a public street or a pedestrian walkway within a private shopping mall whose establishments are served by said walkway.

REAL ESTATE SIGN

A sign advertising the sale, exchange, lease or rental of the real property on which said sign is located.

REAL PROPERTY DEVELOPMENT IDENTIFICATION SIGN

A freestanding sign that directs attention to a residential subdivision or multiunit residential development.

ROOF SIGN

A sign erected upon a flat roof or parapet of a building or structure.

SANDWICH BOARD OR PORTABLE SIGN

A movable sign capable of standing without support or attachment, or located leaning against but not permanently affixed to a structure.

SIGN

Any material, device or structure displaying, or intending to display, one or more messages visually and used for the purpose of bringing such messages to the attention of the public, but excluding any lawful display of merchandise for sale. The term "sign" shall also mean and include any display of one or more of the following:

Any letter, numeral, figure, emblem, picture, outline, character, spectacle, delineation, announcement, trademark, picture, image, cartoon, graphic, three-dimensional depiction or logo, excluding the above listed, utilized for strictly decorative purposes; and

Colored bands, stripes, patterns, outlines or delineations displayed for the purpose of commercial identification.

SOFFIT SIGN

A sign affixed to the underside of a roof overhang adjacent to an establishment.

TEMPORARY BUSINESS SIGN

A sign constructed out of canvas, vinyl, soft plastic or other flexible material, for the purpose of identifying an establishment during the process of applying for and receiving a sign permit for a permanent sign.

THEATER

A building in which plays and other dramatic performances are presented, containing a stage, seating affixed to the floor and a box office.

WALL SIGN

Any sign mounted on, attached to, incorporated into or painted on the wall of a building or structure.

WATERFALL AWNING

Awnings that project straight out from the building wall at the top of the awning and then roll down away from the wall to the bottom of the awning.

WINDOW

A structurally framed opening constructed in a wall or roof that functions to admit light or air. May also include spandrel sections on multistory buildings.

WINDOW SIGN

Any sign painted on or affixed to a window or glass door of a building or placed in the interior of such building within four feet from the inside surface of such window or door and visible from the exterior of such building. Window signs include both signage which is opaque or partially transparent. This definition is not intended to include signage displayed in the window of an establishment and which is available for purchase.

Amortization of preexisting sign.

New signs. No sign shall be installed or erected within the Village of Port Jefferson on or after the effective date of this section, unless such sign, and any subsequent modifications or alterations thereto, comply with the provisions of this section, including the permit requirements set forth in § 250-31I below.

Preexisting signs, amortization.

A sign maintaining a valid permit from the Village of Port Jefferson may continue to exist, despite its nonconforming nature, until that time when any modification or alteration to said sign occurs or after one year from the effective date of this section, whichever is earlier.

The application fee for a sign permit shall be waived for applicants modifying, altering, or replacing a preexisting, nonconforming sign within one year from the effective date of this section.

Exempt and prohibited signs.

Exempt signs. The following signs, whether existing prior to the effective date or thereafter installed or erected, shall be exempt from the provisions of § 250-31I, related to permits and fees. Any sign not meeting the criteria of this Subsection D(1) shall require a permit.

Residence nameplate or street number sign.

Nonilluminated "open," "closed," "vacancy," "no-vacancy," "warning," "private drive," "posted," or "no trespassing" signs not exceeding two square feet in area.

Flags of the United States.

Flags of any other political, civic, philanthropic, educational, religious organization or not-for-profit entity.

Historical markers, memorial signs and plaques, names of buildings and dates of erection, and emblems installed by governmental agencies.

On-premises directional signs and parking enforcement signs for the convenience of the general public identifying parking areas, fire zones, entrances and exits not exceeding five square feet in area and six feet in height.

Temporary signs in residential districts not exceeding four square feet and displayed for no more than 30 consecutive days in a sixty-day period.

Gasoline and service station integral graphics or attached price signs on gasoline pumps and auxiliary service signs (e.g., air, water, rest rooms, state inspections) not exceeding two square feet, and any other signs required to be posted pursuant to federal or state or local law.

(i)

Interior signs, whether illuminated or not, intended solely for internal display and not visible from the exterior of the building within which they are displayed.

Historic exterior neon signs, provided no modifications or alterations are made thereto after the effective date of this section.

(k)

Any real estate sign meeting the requirements set forth in § 250-31F(2)(a);

(l)

Window signs meeting the requirements set forth in § 250-31F(1)(f);

(m)

Secondary wall signs meeting the requirements set forth in § 250-31F(1)(g);

(n)

Secondary soffit signs meeting the requirements set forth in § 250-31F(1)(j);

(o)

All signs regulated under the following Code sections:

Tank and vessel operation, § 139-77.

Street signs, § 220-35.

Vehicles and traffic, §§ 245-11, 245-12, 245-56 and 245-57.

Wireless communication towers, § 249-4.

(p)

Directional signs placed adjacent to public roadways by federal, state or local governmental entities.

(q)

Fire prevention and emergency egress signs.

Prohibited signs. The following signs shall not be permitted within the Village of Port Jefferson:

Roof signs and pitched roof signs except as otherwise permitted under § 250-31F(1)(a)[3];

Neon signs or their functional equivalent, except for those signs meeting the "historic neon" definition;

Box signs, whether or not internally lit;

Internally lit signs except as permitted under § 250-31G(3)(c);

Billboards or any other off-premises signs, including off-premises real estate or other directional signs;

Outside banners, pennants, ribbons, flags [except as otherwise permitted in § 250-31D(1) above], streamers, spinners, pennants, whirligigs, inflatables or other similar devices, including those in the shape of products offered for sale, except those items that are actually for sale by the establishment and meet the outdoor display requirements;

Flashing, blinking or moving signs;

Signs that compete for attention with or may be mistaken for a traffic signal;

(i)

Exterior signs made of cardboard, paper, plywood, soft plastic or similar materials, except as permitted under § 250-31F(2)(b) for temporary signs;

Signs located on waterfall or barrel roll awnings.

Sign measurement. For the purposes of determining compliance with the area and height requirements throughout this section, the following shall apply:

Area.

The area of a sign having copy mounted, affixed, or painted on a panel or area distinctively painted, textured, or constructed as a background for the sign copy shall mean that area contained within the smallest geometric shape that will enclose both the sign copy and such background, as illustrated below.

The area of a sign having copy mounted as individual letters or graphics against a wall or fascia of a building or surface of another structure that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy shall mean the sum of the areas of the smallest geometric shape(s) that will enclose each word and each graphic in the total sign, as illustrated below.

The area of a sign having copy mounted as individual letters or graphics on a window or door, that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy shall mean the total area of the sign including the clear glass areas between the lettering and graphics.

The area of a sign having two faces shall mean the area of the largest face if the interior angle between them is 30° or less, or the sum of the area of the two faces if such angle is greater than 30°, as illustrated below.

Height. The height of a freestanding sign shall mean the distance from the natural grade to the topmost portion of the higher of the pole or sign, excluding any embellishments permitted in § 250-31F(1)(b) and 250-31F(2)(c) as illustrated below.

General provisions. The general provisions set forth below shall apply to all signs within the Village of Port Jefferson.

Permitted signs:

Primary wall sign.

One primary wall sign per occupancy frontage is permitted affixed to the wall directly adjacent to a public street frontage of a structure.

If the structure is adjacent to a parking lot and a wall faces said parking lot, one additional primary wall sign is permitted on the wall facing the parking lot.

In cases where more than one establishment is located within a structure, only those establishments which adjoin the subject wall may install such a sign. Successive or interior establishments are prohibited from placing a sign on a wall which does not adjoin their establishment.

If the site is adjacent to a public alley or pedestrian right-of-way, one additional primary wall sign is permitted for the wall that faces onto the alley or right-of-way. In cases where more than one establishment is located within a structure, only those establishments which adjoin the subject wall may install such a sign. Successive or interior establishments are prohibited from placing a wall sign on walls which do not adjoin their establishment. {See graphic above in § 250-31F(1)(a)[1][b]}.

Wall sign requirements:

The total area of any one primary wall sign shall not exceed 1.5 square feet for each horizontal foot of an occupancy frontage, and shall not exceed 75% of the width of such occupancy frontage.

(E.g., 15 feet of occupancy frontage equates to 22.5 square foot maximum.)

Wall signs shall not project more than six inches from the walls on which they are mounted.

Wall signs shall not extend in any manner above the facade or roofline of the building or structure containing such wall, unless expressly permitted in this section.

The top of said wall sign may not encroach into the second floor of a structure. In those instances where the topography of a parcel results in an establishment maintaining a first floor location on one side of a building, and a second floor location on another side of the building, a sign may encroach into the second floor, if it is otherwise permitted by this section. A wall sign may not encroach into the third floor of a building regardless of topography.

Permitted roof signs. Where no wall of a building facing a public street frontage exists to reasonably accommodate a wall sign, a primary wall sign affixed to a mansard roof, parapet, railing, or pitched roof located over a porch or deck of such building shall be permitted. In no event shall a sign be affixed to a flat or pitched roof of the building or structure itself.

No more than one such sign is permitted per occupancy frontage.

The vertical midpoint of the sign shall be no higher than the vertical midpoint of the mansard roof, pitched roof over a porch or deck, or parapet so that the sign does not project above the roof peak or break the silhouette of the building.

The top of the sign shall be no higher than 20 feet above the natural grade.

The total area of any one permitted roof sign shall not exceed 1.5 square feet for each horizontal foot of an occupancy frontage, and shall not exceed 75% of the width of such occupancy frontage.

No part of the sign shall project from such mansard roof, pitched roof over a porch or deck or parapet a distance greater than 24 inches, and all structural supports, including any angle irons, guy wires or braces, shall appear to be an integral part of the roof or roof sign and enclosed or otherwise hidden from view.

Primary soffit sign. Where no wall of a building, facing a public street frontage, exists to reasonably accommodate a wall sign, and where no permitted roof sign as defined by § 250-31F(1)(a)[3] can be reasonably accommodated, a sign may be hung from the underside of a roof overhang (the soffit) adjacent to the exterior wall of the building facing the public street frontage.

One such sign is permitted per occupancy frontage, adjacent to a pedestrian access to a structure.

Such soffit sign may not be located above the first floor of the building.

Such soffit sign must be hung parallel to the front facade of the building.

The vertical clearance from the public right-of-way, or above grade, whichever is less, to the lowest part of the soffit sign shall be a minimum of eight feet.

The total area of any one primary soffit sign shall not exceed 1.5 square feet for each horizontal foot of an occupancy frontage, and shall not exceed 75% of the width of such occupancy frontage.

[f]

In no case shall said soffit sign extend beyond the width of the soffit to which it is affixed.

Freestanding signs and monument signs, including directory signs.

Only one freestanding sign shall be allowed on a given lot.

No freestanding sign shall be permitted in the Village of Port Jefferson unless the entire building to which it relates is set back from its front property line a minimum distance of 25 feet.

Said sign may measure 1/2 the frontage of the subject parcel in square footage, but in no case shall it exceed 20 square feet in size, excluding embellishments. (E.g., the subject parcel measures 35 feet in width, the proposed sign may measure a total of 17.5 square feet.)

Such freestanding sign shall not be erected nearer than six feet to any building nor encroach on any required side yard and shall be set back not less than five feet from all property lines.

Such freestanding sign shall maintain a maximum height of eight feet from the natural grade to the top of the sign, including embellishments.

No freestanding sign may be erected in a location, or in such a manner, which obstructs adequate visibility of oncoming vehicular or pedestrian traffic.

Pole sign, excluding real estate signs.

No pole sign shall be permitted in the Village of Port Jefferson unless the entire building to which it relates is set back a minimum of five feet from the front property line of the subject lot.

The sign must be suspended from a horizontal support and may not exceed a maximum area of eight square feet and must maintain a minimum of two feet of clear space, except for any necessary supports, between the bottom of the sign and ground level.

The sign may maintain a maximum height of six feet from the natural grade to the top of the pole.

The sign must be set back a minimum of two feet from all property lines, must be located in the front yard and adjacent to the main entrance of the establishment to which it relates.

No pole sign may be erected in a location or in such a manner which obstructs adequate visibility of oncoming vehicular or pedestrian traffic.

Only one pole sign shall be allowed per lot.

Awning/canopy. Signs painted on or in the form of an awning or canopy shall be permitted for nonresidential use only, provided they are, in the case of awnings, not located above the first floor of the building to which they are attached and located adjacent to the primary pedestrian entrance of the establishment. Nothing in this section shall prohibit the installation of awnings or canopies, subject to § 250-32 of this chapter, which do not display lettering or in any other way meet the definition of a sign.

Any identification and lettering on such awnings or canopies shall be limited to the edge of the awning or canopy bib and shall be no more than eight inches in height.

Vertical clearance from grade to the lowest part of the awning or canopy, including the valance, shall be a minimum of eight feet.

Marquee sign.

Only one marquee sign shall be allowed for each theater and must be located adjacent to the main entrance of said theater.

The front face of the marquee may not exceed 60 square feet in area.

The side faces of the marquee may not exceed 40 square feet in area each.

No marquee may project more than 10 feet from the front facade of the theater.

The vertical clearance from the public right-of-way, or above grade, whichever is less, to the lowest part of the marquee must be a minimum of nine feet.

All lettering and lighting must remain stationary and unblinking.

Marquee signs may be backlit, but in no case may it incorporate neon or neon-equivalent lighting.

Window sign.

No more than one sign per window or door per occupancy frontage shall be permitted, provided that if there are more than two windows and/or doors on any wall, no more than two such signs shall be permitted on any such wall. (E.g., where an establishment has two windows and two doors, no more than one window sign and one door sign may be present.)

Poster or opaque signage. The total area of signage, whether temporary or permanent in nature, shall not exceed 15% of the area of the window in which it appears, or 10% of the glass coverage area of the door to which it is painted or affixed.

No window or door sign shall ever exceed 10 square feet.

Non-opaque, clear window decals, etched glass or individual lettering. The total area of signage, whether temporary or permanent in nature, shall not exceed 35% of the area of the window in which it appears, or 10% of the glass coverage area of the door to which it is painted or affixed.

Window signs exceeding the permitted dimensions shall be considered primary wall signs and shall comply with the standards for such signs in § 250-31F(1)(f)[3] above.

Window signs shall not be illuminated either directly or indirectly.

Window signs shall only be allowed in windows that are located directly adjacent to the primary pedestrian entrance of the subject establishment. In the event that multiple establishments share a single primary pedestrian access, no more than one sign per window or door shall be permitted regardless of the number of establishments present therein.

Secondary wall sign.

No more than one secondary wall sign shall be allowed per occupancy frontage, provided said sign does not exceed four square feet in total area.

Secondary wall signs shall only be affixed to a building adjacent to the primary pedestrian entrance of the establishment.

In no instance shall the secondary wall sign encroach into the second story of a building or structure, nor above the roofline.

Menu boxes are secondary wall signs.

Directory wall sign.

In the case of multiple units that are located in a single building and are accessed by a single pedestrian entrance, a sign may be affixed to the wall of such a building, adjacent to the shared entrance, identifying the establishments located therein.

The sign shall not exceed six square feet in area; however, if such building contains five or more separate units, such sign may exceed the area limitations above, but in no event shall it exceed 10 square feet.

A directory wall sign shall count as the one secondary wall sign permitted for the building.

No more than one directory wall sign shall be allowed per building.

(i)

Sandwich board signs and portable signs.

The placing of portable signs and sandwich board signs on the public sidewalk is prohibited. For the purpose of this section, the terms "sandwich board signs" and "portable signs" shall be used interchangeably.

Portable signs may be placed on private property, directly adjacent to the storefront or public street frontage of the establishment to which they refer.

One portable sign is authorized per occupancy frontage.

Said sign may only be located outside the establishment when it is open for business and must be removed when the establishment is closed.

The portable sign shall not exceed 40 inches in height, 30 inches in width and 24 inches in depth.

The portable sign shall be placed directly adjacent to, and abutting the front facade of the establishment, shall not extend beyond the width of the front facade, and shall not block or otherwise obstruct safe access to that establishment or to any adjoining property.

[f]

The portable sign shall not extend more than 24 inches from the front facade of the building.

[g]

The portable sign must be placed in such a manner as to preserve 66 inches of the sidewalk, whether public, private or a combination of both, free and clear of any obstruction to pedestrian traffic. In areas where existing sidewalk obstructions such as utility poles, trees, lamp posts, trash cans or other obstructions exist, 66 inches of unobstructed sidewalk must be preserved between the existing sidewalk obstruction and the portable sign.

[h]

Whenever the health, safety, welfare or convenience of the public or any other governmental purpose require, the Mayor is authorized to temporarily suspend the placement of portable signs.

[i]

Sandwich board or portable signs may not be placed upon or encroach into public property.

Secondary soffit sign, excluding blade or perpendicular signs.

No more than one secondary soffit sign shall be allowed per occupancy frontage.

Such soffit sign may not be located above the first floor of the building to which they are attached.

Such soffit sign must be hung parallel to the front facade of the building.

The vertical clearance from the public right-of-way, or above grade, whichever is less, to the lowest part of the soffit sign shall be a minimum of eight feet.

Such soffit sign may only be affixed to the soffit adjacent to the primary pedestrian entrance of an establishment.

The area of such sign shall not exceed four square feet.

(k)

Projecting or blade sign. For the purpose of this section, the terms "projecting sign" and "blade sign" shall be used interchangeably.

No more than one blade sign shall be permitted per occupancy frontage.

Such blade sign shall project no more than 30 inches from the building, this measurement shall include the horizontal arm on which the blade sign is hung.

Such blade sign must be located within a minimum of six inches of the facade of the building.

Such blade sign shall not exceed five square feet in area.

Such blade sign shall not encroach more than 1/3 of the way into the second story of a given structure.

Such blade sign may only be affixed to the facade of a building adjacent to the primary pedestrian entrance of the establishment to which it refers.

The vertical clearance from the public right-of-way, or above grade, whichever is less, to the lowest part of the blade sign shall be a minimum of eight feet.

Miscellaneous signs. Signs described in this section are permitted in all zoning districts.

Real estate signs.

Any property owner may display anywhere on his property no more than one real estate sign, provided that such sign shall not be illuminated, shall not exceed four square feet in area, shall not be greater than four feet in height above grade, shall not be placed in or interfere with any public or street right-of-way or lines of sight, and shall not be placed on any other property than the one to which it refers.

Any nonresidential property owner may display anywhere on his property no more than one real estate sign, provided that such sign shall not be illuminated, shall not exceed 16 square feet in area, shall not be placed in or interfere with any public or street right-of-way or lines of sight, and shall not be placed on any other property than the one to which it refers.

All such signs shall be removed within 15 days after the property to which they relate is no longer for sale, lease, rent or exchange.

Temporary business signs. No more than one temporary business sign may be located on a parcel for each establishment legally permitted and for which a sign permit has been applied. A temporary business sign must be removed immediately upon the erection of a permanent business sign permitted under an approved sign permit, or 90 days from the date the temporary business sign was erected, whichever occurs first.

Each temporary business sign shall prominently display on the lower-right-hand corner of the face of such sign the sign permit application number, which shall be 3/4 inch in height and shall be legible and clearly visible.

The temporary sign shall be no higher than four feet above grade unless affixed to a legally existing sign. Temporary business signs shall not be illuminated unless the sign is mounted to a legally existing sign with conforming illumination.

A temporary business sign shall be limited to four square feet in area and consist of a white nonreflective background with black block lettering.

Real property development identification signs.

No more than two such signs may be located outside the entrance of any development.

Each sign shall not exceed 20 square feet in area, excluding any supports, supporting structures or embellishments.

Zoning districts. All signage not expressly permitted in a zoning district is prohibited.

Residential Districts R-A, R-A1, R-B1, R-B2, R-B3, R-M.

Professional office or studio, which maintains approval from the Planning Board: No more than one freestanding sign or pole shall be permitted per lot, provided said sign does not exceed two square feet in size.

Bed-and-breakfast, which maintains a special use permit from the Board of Trustees: No more than one freestanding or pole sign shall be permitted per lot, provided said sign does not exceed three square feet.

Private country clubs: No more than one freestanding or pole sign shall be permitted facing each street on which the club is located, provided said sign does not exceed six square feet.

Public facility and utility installations: No more than one freestanding sign or pole shall be permitted per lot, provided said sign does not exceed three square feet in size.

Nursery schools or day nurseries: No more than one freestanding or pole sign shall be permitted per lot, provided said sign does not exceed three square feet.

Municipal and special district buildings: No more than one freestanding sign or pole shall be permitted per lot, provided said sign does not exceed three square feet in size.

Museums and libraries.

No more than one freestanding sign or pole shall be permitted per lot, provided said sign does not exceed three square feet in size.

One wall sign, not exceeding 10 square feet in area, is permitted facing each street on which the establishment is situated.

Residence-Office District R-O.

Establishments located within the R-O District may maintain or install one of the following signs:

Pole sign;

Freestanding sign; or

Freestanding directory sign.

In addition to the signs listed in § 250-31G(2)(a) above, the establishment may maintain or install one of the following signs:

Wall sign; or

Directory wall sign.

Professional Office P-O.

Establishments located within the P-O District may maintain or install one of the following signs:

Pole sign;

Freestanding sign; or

Freestanding directory sign.

In addition to the signs listed in § 250-31G(3)(a) above, the establishment may maintain or install one of the following signs:

Wall sign; or

Directory wall sign.

Hospital exceptions. Signage notifying the viewing public of the entrance to, and giving direction to, an emergency department entrance may be internally lit.

Commercial Districts C-1 and C-2. Establishments located within C-1 District may maintain or install four of the following sign types: (Note: No more than one of each kind of sign shall be permitted; e.g., never more than one secondary wall sign shall be permitted for a single establishment.)

Primary wall sign;

Freestanding sign;

Pole sign;

Awning/canopy sign;

Marquee sign;

Window sign;

Secondary wall sign;

Directory wall sign;

Sandwich board sign;

Secondary soffit sign; or

(k)

Blade sign.

Waterfront-Public Utility W-P.

Establishments located within the W-P District may maintain or install one of the following signs:

Pole sign;

Freestanding sign; or

Freestanding directory sign.

In addition to the signs listed in § 250-31G(5)(a) above, the establishment may maintain or install one of the following signs:

Wall sign; or

Directory wall sign.

Light Industrial I-2. Establishments located within I-2 District may maintain or install two of the following sign types: (Note: No more than one of each kind of sign shall be permitted; e.g., never more than one secondary wall sign shall be permitted for a single establishment.)

Primary wall sign;

Freestanding sign;

Pole sign;

Awning/canopy sign;

Window sign;

Secondary wall sign;

Directory wall sign;

Sandwich board sign;

Secondary soffit sign; or

Blade sign.

(7)

Marina-Waterfront Districts.

Establishments located within MW-1 District may maintain or install two of the following sign types: (Note: No more than one of each kind of sign shall be permitted; e.g., never more than one blade sign shall be permitted for a single establishment.)

Primary wall sign;

Freestanding sign;

Pole sign;

Awning/canopy sign;

Marquee sign;

Window sign;

Secondary wall sign;

Directory wall sign;

Sandwich board sign;

Secondary soffit sign; or

[11]

Blade sign.

Establishments located within MW-2 District may maintain or install four of the following sign types: (Note: No more than one of each kind of sign shall be permitted; e.g., never more than one blade sign shall be permitted for a single establishment.)

Primary wall sign;

Freestanding sign;

Pole sign;

Awning/canopy sign;

Marquee sign;

Window sign;

Secondary wall sign;

Directory wall sign;

Sandwich board sign;

Secondary soffit sign; or

[11]

Blade sign.

MW-3: Signage is prohibited.

Illumination. Lighting of signs shall be limited to direct illumination from a shielded low-intensity light source. Internally lit signs are prohibited unless expressly permitted in § 250-31G(3)(c).

Permits. Except for signs expressly exempt in § 250-31D(1) above, permits shall be required for all signs in the Village of Port Jefferson.

Applications for sign permits shall be made to, and upon forms provided by, the Building Department, and shall include plans, specifications, drawings and other such information as the Department may require.

The Building Inspector shall determine whether such proposed sign complies with all the requirements of this section and all other applicable laws and regulations of the Village of Port Jefferson before authorizing issuance of a sign permit.

Signs existing prior to the enaction of this section and maintaining a proper sign permit shall be issued a badge which shall be affixed to the sign by, or in the presence of, a member of the Building Department. Said badge shall be prominently and permanently displayed on the lower-right-hand corner on the face of such sign. If said badge does not remain affixed to the sign, it is the responsibility of the applicant to request a replacement badge. All costs for the replacement badge will be paid by the applicant.

Signs which are issued sign permits after the enaction of this section shall be issued a permit number which must be permanently incorporated into the design of the sign on the lower-right corner of the face of such sign.

Any sign which does not have a permit or permit number displayed on its face, or which has had its permit revoked, shall be in violation of this section.

Permit requirements for all signage within the Village of Port Jefferson, unless otherwise specified above.

Notwithstanding the dimensional and locational requirements set forth above, all signs which require permitting in the Village must comply with the following design standards:

Signs must be in scale with and relate to the architecture of building to which it is affixed. A sign may not cover any architectural details, such as arches, transom windows, moldings, columns, capitals, sills, cornices and the like.

Signs may consist of wood, sign foam, aluminum, metal, concrete, stone or canvas stretched over a wood or metal frame. All other materials are prohibited.

Signs must maintain a dimensional appearance. Dimension may be created by, but not limited to, carving, sandblasting, embellishing or layering of materials, painting or through the employment of a combination of techniques. It is the purpose of this standard to eliminate flat or one-dimensional signage and encourage greater visual interest. Marquee, window and awning signs are exempt from this requirement.

Layout should be orderly and graphics concise.

Groups of related signs should express uniformity and create a sense of harmonious appearance.

The Building Inspector may refer any sign application to the Architectural Review Committee for review and comment: The Architectural Review Committee has two weeks from the referral date to forward its comment to the Building Inspector for consideration.

Upon the Building Inspectors determination that the proposed sign does not meet the provisions set forth in this § 250-31, applicant may either amend the application and proposed sign to conform to the Code, or apply to the Board of Zoning Appeals for relief.

Upon application to the Board of Zoning Appeals for relief, the application may be forwarded to the Architectural Review Committee for comment. The Architectural Review Committee has two weeks from the referral date to forward its comment to the Board of Zoning Appeals for consideration.

Permit fee: See the Table of Fees included as an attachment to this chapter. An application for a sign permit will not be considered by the Building Department until all fees set forth in said table have been paid to the Village.

Penalties for violations.

Any violation of this section, or of any condition or requirement of the Building Department or the Zoning Board of Appeals, may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law and/or the Village of Port Jefferson Code. Furthermore, the remedies of the Village shall include, but not limited to:

Issuing a stop-work order for any and all work on any sign;

Issuing an order to remedy;

Seeking an injunction or other order of restraint or abatement requiring the removal of the sign or the correction or repair of the nonconformity or hazard;

Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson;

Seeking, in court, the imposition of any penalties that may be imposed under the Zoning Code; and

In the case of a sign that poses an immediate danger to the public health or safety, taking such immediate measures as are available to the Village under the applicable provisions of the Zoning Code and/or Building Code.

In nonemergency matters, the Building Inspector, Fire Marshal, Code Enforcement Officers or Ordinance Inspectors, as appropriate, shall cause a notice of such violation to be served on the owner of the building, structure, or lot where said sign is located or the lessee or tenant thereof, requiring such owner, lessee or tenant to remove such illegal sign or take other appropriate action within five days of receipt of such notice. Such notice may be served personally, or by certified mail, return receipt requested, to either the property address where the sign is located or a known address of any such individual.

[Amended 10-7-2019 by L.L. No. 14-2019]

Sign maintenance, inspection and restoration.

Maintenance. All signs within the Village of Port Jefferson shall be properly maintained. Such maintenance shall include periodic cleaning, replacement of flickering, burned-out or broken light bulbs or fixtures, repair or replacement of any faded, peeled, cracked or otherwise damaged or broken parts, and any other activity needed to conform a sign to the provisions of this section and to the provisions of any permit relating thereto. Likewise, the areas surrounding all freestanding signs shall be properly maintained, including the removal of all rubbish, debris and graffiti, and, if landscaped, free of weeds and otherwise properly maintained.

Inspections. Every sign existing within the Village of Port Jefferson, including those signs for which a sign permit has been issued, may be inspected for compliance with the provisions of this section, proper maintenance, freedom from any hazardous conditions and structural soundness. If any sign is found to be noncompliant, inadequately maintained, hazardous or unsafe, the Building Inspector shall revoke the sign permit and subject to violation pursuant to § 250-31J above.

Restoration. Upon replacement or removal of any sign and structure, the area of the sign, structure of all adjoining areas shall be restored to match the existing surrounding conditions.

Miscellaneous provisions.

Noncommercial signs are allowed in all districts and may be substituted for any sign expressly allowed under this section, subject to all regulations referring to time, place and manner set forth herein.

Rights-of-way. No sign, other than a sign erected by a governmental agency, shall be erected or placed within the right-of-way lines of a public street or walkway. Any such sign may be removed by the Village without notice to the owner.

Sign supports. No lettering shall be permitted on any sign supports.

Wind loads. All signs, associated supports, fasteners, appurtenances and the supporting structure and/or assembly shall meet the standards of the latest version of § 1609 of the Building Code of the State of New York, entitled "Wind Loads."

Village signs. Nothing contained in this section shall be construed to prohibit, limit or restrict the Village of Port Jefferson from erecting and maintaining any signs deemed by it to be in the public interest.

§ 250-31.1 Street merchandise displays.

Obsolete signs. Obsolete signs and their supporting structures shall be removed within 60 days after the use or activity they identify has ceased or the property on which they are located has become vacant.

Severability. If any clause, sentence, paragraph, section, article, chapter or part of this section or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.

[Added 9-9-2013 by L.L. No. 3-2014]

Intent.

Well-designed and visual displays of merchandise outside of businesses can be an attractive part of the streetscape and enhance the experience of shoppers and pedestrians. Such displays can also help business owners to attract potential customers to enter their establishments.

However, street displays must be properly regulated to prevent obstruction of the public right-of-way, provide for safe passage of pedestrians, and avoid visual obstruction of pedestrians seeking to safely navigate the sidewalk.

At a minimum, pedestrian safety requires that the minimum existing sidewalk clearance of approximately 66 inches not be further reduced in any of the commercial areas of the Village. Also, wherever possible, wider sidewalk clearances should be preserved where they now exist or are created in the future, especially on streets which experience periodic high pedestrian volumes. Public safety also requires that such displays remain below the line of sight of a pedestrian seeking to navigate the sidewalk.

Further, merchandise displays are intended only for the purpose of exhibiting a modest sample of goods offered for sale, and must not result in the creation of a flea-market-like atmosphere in which a large portion of a merchant's stock is displayed. In balancing these interests on public property, the interests of the general public and pedestrians must be of paramount concern, and the interests of vendors secondary.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DISPLAY

Any tables, chairs, cabinets or combination thereof, or any booth, tent, street or sidewalk stand, any restaurant, eatery, or cafe table, or any other outdoor, temporary place for the sale of goods, merchandise, items, services, food, or beverages.

Displays are prohibited on any public street, sidewalk, park or recreational facility, municipal parking lot, or any other public land except by special permit issued by the Board of Trustees. Displays on private property are permitted subject to the restrictions set forth in this chapter.

The display of merchandise for sale outside an establishment shall be permitted as follows:

Displays may be placed on private property outside of establishments, subject to the following restrictions:

Displays are authorized only in front of restaurants, shops and other operating commercial establishments.

Displays shall be placed only when the establishment is open for business and must be completely removed when the establishment is closed.

Displays may include tables and cabinets which shall not exceed 40 inches in height and 24 inches in depth.

Tables and cabinets may be used to expose for sale merchandise of the same nature as that sold in the commercial establishment placing them.

Displays are limited to the front facade of the commercial establishment placing them, shall not extend beyond the width of the front facade, and shall not block or otherwise obstruct safe access to that commercial establishment or to any adjoining property.

Displays shall be placed abutting against the front facade and adjacent to the primary pedestrian access to the commercial establishment.

Displays shall not extend more than 24 inches from the front facade of the building.

Displays must be placed in such manner as to preserve 66 inches of the sidewalk free and clear of any obstruction to pedestrian traffic. In areas where existing sidewalk obstructions such as utility poles, trees, lampposts, or trash cans are in place, 66 inches of unobstructed sidewalk must be preserved between the existing sidewalk obstruction and the display.

§ 250-32 Awnings for commercial and professional buildings.

In considering an application for a special permit under Subsection C, the Board of Trustees may consider the applicant's ability to conform its display to the restrictions in Subsection D(1) as well as the health, safety, welfare and convenience of the public, pedestrian access to the streets, sidewalks, and public grounds and the accommodation of special events such as street fairs. Permits issued pursuant to this section shall not exceed 72 hours. The fee for special permits shall be set by resolution of the Board of Trustees.

Whenever the health, safety, welfare or convenience of the public or any other governmental purpose require, the Mayor is authorized to temporarily suspend the placement of displays.

Penalties for violations of any criteria or conditions set forth in this chapter will result in fines and/or imprisonment as delineated in § 250-47.

[Added 8-3-1983 by L.L. No. 5-1983; amended 5-8-2000 by L.L. No. 8-2000; 10-16-2000 by L.L. No. 17-2000; 12-18-2000 by L.L. No. 21-2000; 6-26-2006 by L.L. No. 2-2006]

Awning permits.

No awnings shall be replaced, refurbished, erected, moved, enlarged or reconstructed unless application for a permit therefor has first been made to the Building Inspector and until the permit has been issued by the Building Inspector.

Every application for an awning permit made to the Building Inspector shall contain the following information:

The size, colors, and specifications of the proposed awning and supports, including the type of material out of which the awning will be made.

The dimensions of the wall of the building on which the proposed awning is to be placed.

All lettering on awnings shall be regulated by § 250-31 of this article.

No awning for which a permit is required shall be erected unless and until an inspection fee has been paid in the office of the Building Inspector.[1]

Editor's Note: See the Table of Fees included as an attachment to this chapter.

§ 250-32.1 Security gates.

[Added 12-6-1993 by L.L. No. 4-1993; amended 1-5-2015 by L.L. No. 1-2015]

Installation of exterior security gates prohibited. The installation of security gates on the front exterior of commercial storefronts, restaurants and offices, including both display windows and entrance doors, shall be prohibited.

Presently existing exterior security gates.

Any presently existing exterior security gates legally installed prior to passage of this section shall be removed immediately upon change of ownership of the premises where said security gate exists or upon change of tenancy in the commercial premises where said security gate exists, whichever occurs first.

Any presently existing security gate which encroaches on Village property shall be removed by the owner or tenant of the premises where the same is located immediately.

Penalties. Any person who violates this subsection or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.

§ 250-33 Driveways; commercial vehicles, boats and trailers; pay for parking. [1]

[Amended 6-6-1979 by L.L. No. 10-1979; 10-3-1979 by L.L. No. 18-1979; 9-26-1984 by L.L. No. 6-1984; 7-9-1986 by L.L. No. 4-1986; 7-16-1986 by L.L. No. 6-1986; 8-4-1997 by L.L. No. 6-1997]

The following provisions shall govern the placement and use of driveways within the Village. Any deviation from the following provisions shall require a variance issued by the Zoning Board of Appeals. For the purposes of this section, a driveway is that portion of the yard used for the purpose of affording vehicles a parking space and/or a means of ingress and egress between private property and a highway or private street.

[Amended 9-8-2014 by L.L. No. 21-2014]

No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in a district in which such driveway is located.

All driveways providing access to any lot shall be located entirely on such lot, and no portion of such driveway shall be located upon adjoining lots, in whole or in part.

Provisions applicable to driveways in the R-A, R-A1, R-B1, R-B2, R-B3, and R-M Districts.

Any part of a driveway which is located forward of the front foundation line of a dwelling and forward of a garage may not exceed the width of the garage door by more than five feet and may not be located less than five feet from any side lot line.

Any part of a driveway which is located forward of the front foundation line of a dwelling where there is no garage may not exceed 20 feet in width and may not be located less than five feet from any side lot line.

All vehicles must be parked in a garage or on a driveway.

§ 250-37.1 Residential solar energy system installations.

Editor's Note: Parking and loading provisions are included in § 250-27.

§ 250-34 Landscaping.

All properties shall be suitably landscaped, except for areas covered by buildings or surfaced as parking or service areas. All landscaping shall be properly maintained throughout the life of any use on any lot.

In all districts containing residences and along residence district boundary lines where nonresidential uses abut residential properties, there shall be planted along such property lines sufficient trees, hedges or shrubbery, as approved by the Planning Board, to ultimately prevent the visual intrusion of such nonresidential uses into residential properties.

No part of any structure within the Waterfront - Public Utility W-P District or the Light Industrial I-2 District may be within 100 feet of any residential district boundary line. Such area shall be initially landscaped with suitable hedging, shrubbery and trees, as approved by the Planning Board, to screen and minimize transmission of sound and other disturbing influences. No accessory uses shall be permitted within said area, except that parking may be permitted within 50 feet of any such residential district boundary line.

[Amended 1-2-1976 by L.L. No. 1-1976]

§ 250-35 Sewer system.

All buildings to be constructed within the bounds of the Port Jefferson Sewer District shall be connected to the sewer system.

All new buildings, excluding buildings in R-A, R-A1, R-B1, R-B2 and R-B3, shall make application for service to and connection with the Port Jefferson Sewer District.

§ 250-36 Drainage.

All buildings in all districts shall be provided with adequate means for collecting and containing drain water from said buildings.

In any case in which property in any district has been disturbed so as to change the natural drainage of water over it, provision shall be made with respect to said property for containing rain or other waters flowing over it and for complying with Chapter 211, Sewers, of the Code of the Village of Port Jefferson and the Village rules and regulations for soil control.

§ 250-37 Lighting.

In no district shall any outdoor lighting be maintained except in such a manner as to be adequately shielded and as to be directed only at or upon the lot upon which said lighting is situated.

A lighting plan shall be submitted to the Village Planning Board as part of any site development plan application. The Village Planning Board may limit the type, location, intensity, height, hours of operation, etc., of all lighting devices proposed.

[Added 6-26-2006 by L.L. No. 4-2006]

[Added 12-27-2011 by L.L. No. 23-2014[1]]

Legislative purposes. The Village Board of Trustees has concluded that in order to facilitate adoption of solar energy technologies in residential settings, it is incumbent upon municipalities such as the Village of Port Jefferson to remove the complexity associated with securing approval of installations for solar technology by creating a streamlined application process that is more targeted than the building permit process that is currently utilized. Such a new process will save time, eliminate paperwork and related expenses, protect public safety and speed approvals.

Definitions. As used in this section, the following terms shall have the meanings indicated:

APPROVED CONTRACTOR

A contractor whose credentials were reviewed and approved by the Long Island Power Authority (LIPA) as evidenced by the list to be maintained and published by LIPA of installers whose credentials have been prescreened.

APPROVED EQUIPMENT

Solar paneling equipment that meets the requirements for a "standard installation" and shall include the following:

Photovoltaic (PV) panels certified by a nationally recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703;

Inverters on a list of NYS Public Service Commission type-tested inverters which are tested by UL or other nationally recognized laboratories to conform with UL standard 1741; and

SOLAR PANEL INSTALLATIONS

Residential solar hot water (RSHW) equipment certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors.

APPROVED INSPECTOR

Electrical Underwriters, which are already required to perform the electrical inspection of the system, and who certify that they have been trained to perform the third-party PV inspection or a third-party designed by LIPA on a list of trained PC inspectors maintained by LIPA.

Solar electric panel and solar hot water installations where the installation is to be flush-mounted on a residential roof and to be installed by an approved contractor using approved equipment.

STANDARD INSTALLATION

A solar energy system with a gravity roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water (RSHW) that is flush-mounted using a racking system approved by a licensed NY State professional engineer or registered architect on a residential roof with an eighteen-inch-wide clear path at the roof ridge and an eighteen-foot clearing path to the ridge.

Anything to the contrary notwithstanding, the Building Inspector shall expedite the process of permitting standard installations of solar panels by approved contractors using approved equipment. Permits for same may be issued based upon the following criteria:

A new property survey shall not be required, but if the solar energy system is proposed for an accessory structure on the residential property, the property owner will be required to provide an existing survey showing that the accessory structure is legal.

The application shall include a certified drawing (hand-drawn or better) of the solar panel location and layout on the roof and other diagrams.

The application will require a professional engineer or registered architect to certify the load-bearing and wind-load sufficiency of the subject solar installation.

The contractor must be an approved contractor.

The permit shall be limited to approved equipment.

A sign shall be affixed on the utility meter and at any alternating current (AC) disconnect switch indicating that there is an operating solar electric co-generation system on site.

(7)

The Building Inspector may rely upon and accept third-party inspections and/or certifications if provided by approved inspectors, which inspectors are to be paid for by the homeowner.

Requirements for permit submittal. Before approval and issuance of permit(s) for a grid-tied photovoltaic system (PV) or residential solar hot water system (RSHW), the applicant shall submit:

A completed Fast Track Permit Requirements Checklist on the Building Inspector's approved form.

Three sets of plans which include:

A cover sheet identifying the:

Project address, map section, block and lot number of the property;

Owner's name, address, phone number; and

Name, address and phone number of the person preparing the plans.

Sheet index indicating each sheet title and number;

Legend for symbols, abbreviations and notations used in the drawings;

Configuration diagrams prepared by a professional engineer or registered architect (see samples available at Building Department) which are sketched (hand-drawn or better) as follows:

Roof diagram depicting modules or collectors and racking configuration on designated surface(s) to scale and dimensioned. The diagram should include any eighteen-inch clearance/access required as noted in the Fast Track Permit Requirements Checklist criteria.

Equipment location diagram indicating the location(s) of the:

Modules or collectors;

Main electrical service;

Inverter(s);

The location of all equipment disconnects on the outside of the structure (i.e., A/C disconnect);

Any interior equipment locations

One-line standard electrical diagram.

Property survey if system is proposed for an accessory structure.

Fast Track Project Information Sheet on the Building Inspector's approved form.

Permits. Applications for permits made under § 250-37.1 above shall be reviewed on an expedited basis, and those which conform to the requirements herein for standard installations of approved equipment by an approved contractor shall be approved within 14 days of the receipt of a complete application. Certificates of occupancy and/or compliance may be issued by the Building Inspector in reliance upon certifications as to completion and compliance by an approved inspector.

Central registry. The Village of Port Jefferson Building Department shall maintain a central registry of all solar installations and share this registry with the local fire departments serving the Village of Port Jefferson on an annual basis and/or as residential solar energy installation permits are issued.

No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided in § 7-736 of the Village Law. Nor shall any building permit be issued unless all Village taxes which are a lien on and all Village assessments which have been assessed against the lot on which said buildings are to be erected are first paid in full, together with all interest and other charges.

Every building permit shall expire if the work authorized has not commenced within nine months after the date of issuance or has not been completed within 12 months from such date for construction costing less than $1,000,000 and has not been completed within 18 months from such date for construction costing in excess of such amount. If no zoning amendments or other codes or regulations affecting subject property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of either above periods for an additional six months upon payment of an additional fee in a sum equal to 50% of the original building permit fee for such construction. If the construction is not completed within such extension period, inclusive of the scheduling of an inspection of such construction by the Building Inspector, the previously issued building permit, as extended, shall immediately become null and void. In such event, any additional construction work will require the submission of a new application for a building permit and payment of an additional building permit fee without any credit for building permit fees previously paid.

If installation and/or construction results in any damage to Village property, notice shall be given to the builder of any damage or waste to Village property. Upon his failure to correct said damage or waste within three days of said notice, the Village shall make such repairs and charge the cost to the homeowner. Any costs shall be paid to the Village prior to the issuance of a certificate of occupancy.

Permit fee. The schedule of fees payable to the Village shall apply to every residential solar energy system installation permit application and are noted in the Table of Fees included as an attachment to this chapter.

Editor's Note: These provisions were originally designated to be added as § 250-44.1, but were renumbered to maintain the organizational integrity of this chapter.

§ 250-37.2 Vacant storefronts.

[Added 3-15-2021 by L.L. No. 02-2021]

Legislative findings and purpose. It is the finding of the Board of Trustees that window displays contribute to the vitality and economic health of the Village's business districts by visually connecting interior activities with public space and pedestrians on the street. It has been found that storefront windows that are vacant, or boarded over, have a negative impact on the aesthetic character of the Village's business districts. It is the intent and purpose of this section to promote the success of the businesses and the overall health of the Village's business districts, encourage an active and lively streetscape and maintain the historic aesthetic character of the Village's business districts by establishing regulations requiring the owner or tenant of a nonresidential building to place a window display in all storefront windows in accordance with certain standards.

Definitions. As used in this section, the following terms shall have the indicated meanings:

STOREFRONT WINDOW

Any window located in the C-1, C-2, or Marina Waterfront Districts that permits an unobstructed public view into the interior of the building from an adjacent street, sidewalk or public right-of-way. This term includes doors.

VACANT STOREFRONT WINDOW

A storefront window shall be deemed vacant if no person or persons conducts a lawfully licensed business there for a period of one month or more.

WINDOW DISPLAY

A visual representation of information or graphics for viewing by the public in a storefront window. The display may consist of, for example, the Village of Port Jefferson logo, fine art, sculpture, or photography.

Window displays required. A window display shall be required in a vacant storefront window, subject to the following standards:

The aggregate area of window displays shall be a minimum of 50% of the storefront window, with reasonable viewability for emergency services.

Adhesive materials used to affix the window display shall not be visible from the outside of the storefront window.

The window display shall be maintained in a clean and neat appearance.

The window display shall face the exterior of the storefront window and shall not be further than three feet from the interior of the storefront window.

The window display may be illuminated by means of shielded, direct, white light sources not exceeding 75 watts and in such a manner that no glare shall extend beyond the property lines or disturb the vision of passing motorists or constitute a hazard to traffic.