[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst 2-6-1990 as L.L. No. 4-1990 (Ch. 67 of the 1968
Code of the Village of Lindenhurst.) Amendments noted where applicable.]
A.
The purpose of this chapter is to promote and protect
the public health, safety and welfare of the Village of Lindenhurst
by regulating existing and proposed outdoor advertising signs and
outdoor signs of all types. It is intended to aid in traffic safety,
protect property values and create a more attractive economic and
business climate, lessen congestion of land and air space, enhance
and protect the physical appearance of the community and provide a
more enjoyable and pleasing community. It is further intended hereby
to reduce sign 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 visual open space and enhance the community's appearance and
attractiveness.
B.
This chapter is intended to promote attractive signs
which present their usual messages in a manner that is compatible
with their surroundings. The appearance, character and quality of
a community are affected by the location, size, construction and graphic
design of its signs.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any illuminated rectangular, circle, oval or square
construction that extends more than 1/2 inch from the surface upon
which it is mounted.
[Added 12-18-2007 by L.L. No. 3-2007]
Includes any sign, billboard, show bill, show board or sign
attached to any building or structure, including ground signs, but
excluding signs which are erected and maintained or required by any
state, county, town or municipal government agency in the discharge
of any function, duty or power.
A.
All signs shall be maintained in a good state of repair
and in working order and neatly painted. All projecting lighting devices,
including reflectors, and all parts thereof shall be painted aluminum
on the outside, except approved standard porcelain fixtures.
B.
All electrical signs shall conform to and be maintained
in accordance with the specification standards of the National Board
of Fire Underwriters; and every electrical sign must be approved by
the National Board of Fire Underwriters and have the approval label
of said Underwriters affixed thereto before final approval to said
sign shall be given under the provisions of this chapter.
C.
All roof signs must be supported in the rafters of
the structure upon which they are erected or must be supported by
standard steel, three bolts of sufficient size and strength to meet
the standards and specifications of the New York State Fire Prevention
and Building Code.
[Amended 6-16-1992 by L.L. No. 2-1992]
D.
Road or ground signs shall meet the following foundation
specifications:
E.
All signs supported by steel poles or pipe shall conform
to the following specifications:
F.
Any other road or ground sign shall be erected on
a pole, pipe or wooden posts of a minimum standard requirement of
a four-by-four-inch wooden post or pole.
The following signs are allowed in any business
or industrial district but require a permit:
A.
Detached or ground signs. A sign not larger than 60
square feet may be erected, provided that it shall not exceed 16 feet
in height when measured from the ground and shall advertise only the
business conducted on the premises on which it is placed and only
when detached from any building or structure. Signs which are multidimensional
are limited to a total surface area of 60 square feet.
B.
Wall signs. Wall signs are hereby permitted when attached
or incorporated in the front, side or back of any building, provided
that the same shall be facing a public street or parking lot and advertising
only the business conducted in such building and, further, provided
that the total area of such signs shall not exceed 300 square feet
and, further, provided that none of such signs shall exceed five feet
in height and project above the soffit or roof parapet and shall not
in any way cover or project over any door, window or other opening
of such building and, further, provided that such sign shall not project
more than one foot from any such wall.
C.
Tower signs. Attached to or incorporated in any building
advertising only the business conducted in such building, subject
to the following limitations:
(1)
No tower sign shall exceed 24 feet in height nor 10
feet in width as measured from the crown of the nearest roadway.
(2)
No tower sign shall exceed 120 square feet. The total
square area is to be calculated based on the total surface of the
sign. Multidimensional signs are limited to total square footage of
120 square feet for all surfaces.
(3)
No tower electrical sign shall continue in operation
beyond 12:00 midnight, prevailing time.
D.
Roof signs. Roof signs advertising only the business
conducted in such building shall be permitted, provided that such
signs are located at least three feet from the front, rear or sides
of the building, not exceeding 120 square feet in area and in no case
shall such signs, together with the base and supports, exceed 10 feet
in height, as measured from the roof level. In no event shall the
overall height of the roof sign be in excess of 24 feet as measured
from the crown of the nearest roadway.
Any sign authorized by this chapter is permitted
to contain noncommercial copy in lieu of any other copy.
All signs permitted by this chapter shall be
erected and maintained pursuant to the following setback requirements:
An illuminated sign shall comprehend any sign
which has characters, letters, figures, designs or outlines illuminated
by electric lights or luminous tubes as part of the sign proper. The
application for a permit for erection of a sign in which electrical
wiring and connections are to be used, if it shall comply in all other
respects, shall be granted subject to the applicant's furnishing the
Building Inspector, within 15 days after the completion of the construction
and/or the erection of the illuminated sign, a Board of Underwriters'
temporary certificate, showing that the sign has been properly installed
insofar as to the wiring connections and other electrical requirements.
In the event that said Underwriters' certificate is not filed with
the Building Inspector within 15 days after the completion and erection
of said sign, the permit therefor shall be revoked by the Building
Inspector. The permanent Underwriters' certificate shall be filed
in the office of the Building Inspector or the permit will be revoked.
No person shall erect or place upon or over
any street or sidewalk any sign, display, streamer or banner, any
advertising or notice, except if, after application to the Village
Board, permission therefor is granted upon a finding that the display
therefor would not be injurious to the public safety, morality and
welfare. But nothing herein contained shall be construed as prohibiting
any person from erecting and maintaining adjustable awnings made of
cloth with iron or tube frames and at least seven feet above the sidewalk.
Portable or mobile signs, including but not
limited to those signs intended to stand on the ground or be attached
to a trailer, shall be prohibited.
A.
Business or industrial use districts.
[Amended 6-16-1992 by L.L. No. 2-1992; 12-18-2007 by L.L. No.
3-2007]
(1)
The use of display of temporary streamers, pennants,
banners and other such devices is permitted in a business or industrial
use district for a period not to exceed 30 days on each of the following
occasions and subject to the following conditions and regulations:
(a)
Upon application to the Village Board and a
finding that any usual display of temporary pennants, banners, streamers
or other such devices shall not be injurious to public safety, nor
a detriment to the physical appearance of the community. Only two
temporary permits per calendar year shall be permitted. No temporary
permit shall be issued within 30 days of another temporary permit.
(2)
All signs for which permits are required by the terms
hereof shall at all times bear the assigned permit number prominently
and permanently affixed on the face thereof or shall be identified
by posting in a prominent place in the office or sales room on the
premises a printed or typewritten table showing the permit number,
description and location of such signs displayed on the premises.
Failure to so affix the permit number or to identify such signs shall
constitute cause for revocation of the permit by the Building Inspector,
in addition to any other penalties or remedies prescribed by law.
(4)
One temporary sign used specifically for the purpose
of announcing a "grand opening" at the subject location shall be permitted
at no charge.
B.
Residential use districts. The use or display of temporary
signs, pennants, banners or other such devices is permitted in a residential
use district without application to the Building Inspector for a period
not to exceed 45 days and subject to the following conditions and
regulations:
(1)
No more than one such sign shall be allowed on any
one piece of property.
(2)
No sign shall be allowed if it is painted, pasted
or otherwise attached to a tree or bridge or any part of a building.
(3)
No such sign shall exceed eighteen by twenty-four
(18 x 24) inches in dimension.
(4)
Any such sign shall be securely anchored to the ground
so as to not create a public hazard or nuisance.
A.
Permits required. It shall hereafter be unlawful,
except as otherwise provided herein, for any person to erect, construct,
alter, relocate, reconstruct, display or maintain in any business,
manufacturing or industrial district any sign without first having
obtained a written permit from the Building Inspector in compliance
with the provisions herein. All signs shall be subject to the approval
of the Building Inspector as to the structural safety thereof in conformity
with reorganized engineering standards.
B.
Application for permit.
(1)
Any person who wishes to procure a permit must submit
an application to the Building Department, accompanied by a scale
drawing showing the structural members, the lettering and pictorial
matter composing the sign structure, a location plan showing the position
of the sign on the building, the structure or plot of land and such
other information as the Building Inspector may require to show compliance
with the provisions of this chapter.
(2)
The applicant shall also present a written statement
showing the name of the owner or the person in control of the building,
structure or plot of land where such sign is to be located and the
right of authority of the applicant to obtain a permit. No permit
will be issued for any sign until the inspection of the proposed location
has been made and approved. Each permit issued hereunder shall require
the completion of the proposed sign within 90 days; if said sign does
not receive final approval within 90 days, the permit issued therefor
shall be revoked.
C.
Fees. Except as otherwise provided, no sign permit
shall be issued until the applicable fee listed below is paid to the
Village of Lindenhurst as follows:
[Amended 12-18-2007 by L.L. No. 3-2007]
D.
Renewal. Every sign permit shall be renewed every
two years upon the payment of the renewal fee, and each application
for a renewal permit shall be accompanied by a certificate certifying
that the sign has been inspected by the Building Inspector and found
to be properly hung in a secure and safe position and, further, certifying
that the sign in every way complies with the provisions of this chapter.
[Amended 6-16-1992 by L.L. No. 2-1992; 12-18-2007 by L.L. No.
3-2007]
A.
Any person who shall erect any sign, permanent or
temporary or display any banner or other advertising device without
first obtaining a permit therefor in any other manner than as herein
provided or as provided by such permit shall be liable to a fine of
not less than $250 nor more than the maximum amount permitted by state
law for each offense.
B.
In addition to the provisions of the foregoing subsection,
the owner of any sign violating a restriction of this chapter shall
be required to remove such sign within five days or to replace the
same in conformity with the regulations of this chapter and, upon
failure to conform to such notice or demand, shall be liable to an
additional fine of not less than $250 nor more than the maximum amount
permitted by a state law for each day that such sign was in violation
and which remained in place after receipt of such notice.
[Amended 12-18-2007 by L.L. No. 3-2007]
Any person who fails to pay a lawfully imposed
penalty or fee pursuant to this chapter shall be liable for an additional
surcharge of $10 per day for every day in excess of 14 days after
receipt of a notice of violation. The total amount of the surcharge
under this section shall be no more than $100 for each party or person
in violation thereof.
A.
Directional signs for aviation purposes, painted on
flat roofs, shall be permitted in any use districts.
B.
All signs which have been heretofore erected or maintained
which do not comply with the requirements of this chapter shall be
made to comply or be removed.
[Amended 12-18-2007 by L.L. No. 3-2007]
C.
In all instances where inspection of a sign is required
in the discretion of the Building Inspector, the owner, the person
in control of the premises upon which the sign is located or the holder
of the sign permit shall provide the Building Inspector or his duly
authorized agent or deputy with safe and adequate means of access
to the sign, including but not limited to stairways, scaffolding or
ladders.
D.
Except as provided in the chapter hereinbefore allowed,
no sign shall be erected or placed upon any premises in any use district
except as approved by the Zoning Board of Appeals as a special exemption
in accordance with the standards and conditions of said Zoning Board
of Appeals as established under the Village Law, and the fee therefor
shall be determined proportionately with the fee hereinbefore provided:
$0.50 per square foot of sign area but in no event less than the minimum
of $20.
E.
Window and/or door signs of any kind or material shall
not exceed 25% of the gross window and/or door space available.
[Added 12-18-2007 by L.L. No. 3-2007]
F.
Paper, cardboard, vinyl and/or plastic signs of any
kind shall be considered temporary signs and shall not be displayed
more than 30 days.
[Added 12-18-2007 by L.L. No. 3-2007]
G.
Box signs shall not be permitted. All currently permitted
box-style signs shall no longer be permitted effective January 1,
2011.
[Added 12-18-2007 by L.L. No. 3-2007; amended 12-1-2009 by L.L. No.
4-2009]
H.
All new signs and/or altered signs seeking renewal
shall be subject to review and approval by the Planning Board.
[Added 12-18-2007 by L.L. No. 3-2007]
