A.
In all districts, fences, gates and walls are permitted
by permit from the Board of Appeals, subject to the following restrictions:
[Amended 9-17-1980 by L.L. No. 19-1980; 12-4-1996 by L.L. No. 17-1996; 3-26-1997 by L.L. No. 4-1997; 9-18-2019 by L.L. No. 3-2019]
(1)
Height shall not exceed four feet above finished grade,
except that:
(a)
Where residential property abuts or adjoins
land used for nonresidential purposes, the fence, gate or wall shall
be of stockade or other solid construction and may be no more than
six feet above grade.
(b)
Where a fence, gate or wall is set back at least
25 feet from the nearest property line, the height may be no more
than eight feet above finished grade.
(c)
Where a fence is located so as to face abutting
or adjoining property zoned or used for residential purposes, the
fence shall be constructed and maintained with a finished side of
the fence facing such other property zoned or used for residential
purposes. This provision shall not be construed to prevent the fence
from also having a finished side facing the use on the property on
which the fence is located.
(2)
No permit shall be required from the Board of Appeals for a fence,
gate or wall included on a final site plan approved by the Planning
Board pursuant to the Site Development Code.[1] Any such fence, gate or wall so approved by the Planning
Board shall otherwise comply with this chapter, except that the final
site plan approval may permit a fence, gate or wall having a location,
height or material not permitted by this chapter.
B.
Swimming pool. A swimming pool accessory to a single-family
dwelling unit shall conform to the following regulations and shall
be subject to a permit from the Board of Appeals.
[Amended 9-9-1992 by L.L.
No. 6-1992; 9-18-2019 by L.L. No. 3-2019]
(1)
A pool (above or below ground) and related nonslip
decks, fences and machinery shall be located between the dwelling
and the rear property line. No portion thereof shall be closer to
the street line than the rear wall of the main building.
(2)
Pool and related nonslip decks, fences and machinery
shall be located not less than 25 feet from side and rear property
lines; provided, however, that fences and machinery for a hot tub
may be located not less than 10 feet from side and rear property lines.
(3)
Pool and related nonslip decks, fences and machinery
shall be completely enclosed by a substantial fence not less than
four feet high, with a self-locking, child-deterring gate.
(4)
Machinery used in connection with a pool shall be
enclosed in a soundproof structure.
(5)
Glare from pool lights shall be shielded from adjacent
properties.
(6)
Pool size and depth shall conform to National Swimming
Pool Institute (NSPI) safety standards for residential pools in effect
on the effective date of this chapter.
(7)
Pools shall have required depth markings, lifesaving
equipment and user warnings available according to NSPI safety standards
in effect on the effective date of this chapter.
(8)
Pools shall have diving fixtures or places located
according to NSPI standards in effect on the effective date of this
chapter to avoid hazardous and dangerous conditions.
(9)
Pools shall have no adjacent structure potentially
accessible for improper diving or other unsafe play.
(10)
No public use shall be made of the pool.
C.
Parking and storing of certain vehicles and boats.
(1)
No recreational boat, bus, truck, trailer, van, camper, sleeping
bus or other vehicle designed or used for living or sleeping shall
be parked or stored on or in any front or side yard of any lot located
in a residence district of the Village. Neither shall such a vehicle
or boat be parked or stored on or in any part of a rear yard of any
lot located in a residence district of the Village of North Hills
without a permit from the Board of Appeals. Such permit may not be
issued unless such parking or storage is not within 10 feet of the
rear or side lot lines nor on any portion of a lot where such boat
or vehicle is visible from any street abutting the lot on which such
boat or vehicle is parked or stored."
[Amended 9-18-2019 by L.L. No. 3-2019]
(2)
No commercial vehicle shall be parked or stored on
property located in a residence district in the Village unless enclosed
in a private garage, except that such vehicle may be parked for such
periods of time as required for the continued performance of any service
on or deliveries to said premises. For the purposes of this section,
a "commercial vehicle" is a vehicle which requires commercial registration
under the New York State Vehicle and Traffic Law or the regulations
adopted thereunder or any other vehicle which, by reason of the attachment
of advertising messages and/or storage of service equipment or other
commercial merchandise or hardware, presents the outward appearance
of a vehicle which is primarily utilized in furtherance of a commercial
or industrial enterprise.
[Amended 9-27-1995 by L.L. No. 13-1995]
D.
Outdoor tennis court. Outdoor tennis courts accessory
to a single-family dwelling unit shall conform to the following, with
a permit from the Board of Appeals:
[Amended 9-18-2019 by L.L. No. 3-2019]
(1)
Outdoor tennis courts shall be permitted only on residential
plots of two or more acres.
(2)
The minimum setback from a property line to an outdoor
tennis court shall be 25 feet.
(3)
The maximum height of a fence around tennis courts
shall be 10 feet.
(4)
No more than two courts may be grouped together.
(5)
No outdoor tennis courts shall be located within 50
feet of any road or in any front yard.
(6)
All outdoor tennis courts shall be visually screened
from the roads by plant materials.
(7)
All lighting of outdoor tennis courts shall be directed
away from residential units and roads. No lights shall be permitted
to be used between the hours of 10:00 p.m. and 7:00 a.m.
(8)
No public use shall be made of the courts.
E.
Home occupations. Home occupations where permitted
as an accessory use in a residence district shall conform to the following:
(1)
Such use may be conducted only with a permit from the Board of Appeals,
which may be granted only upon a determination of the Board of Appeals
that the proposed use will not adversely affect the character of the
neighborhood or create adverse traffic, noise, safety or aesthetic
considerations and will not be otherwise disruptive to the public
health, safety and general welfare.
[Amended 9-18-2019 by L.L. No. 3-2019]
(2)
Such use shall be limited to one individual who resides
on the premises and not more than one employee.
(3)
The office area utilized for such use shall not exceed
20% of the floor area of the dwelling in which it is located.
(4)
At least two on-site parking spaces shall be provided
in addition to those otherwise required by this chapter.
[Added 8-9-1994 by L.L. No. 2-1994[1]]
Where a site located in an R-3 District has received authorization for incentive zoning or bonuses, as provided in § 215-12 of this Code, the following provisions shall be applicable notwithstanding any other provision of § 215-33:
A.
When located in the common area of a site, the following
accessory uses or structures shall be permitted, upon the issuance
of an appropriate building permit, without any requirement for approval
by the Board of Appeals or Planning Board, provided that the same
otherwise comply with the provisions of this Code, including any provisions
as to location or dimensions of such structures or uses:
(1)
Fences, gates, walls, swimming pools, outdoor tennis
courts, kiddy pools, hot tubs, lap pools, gazebos, reflective ponds,
children's play equipment, children's sandboxes, paddle tennis courts
and trellises.
[1]
Editor's Note: Section ten of this local law
provided as follows: "This local law shall take effect immediately
upon adoption and filing pursuant to the Municipal Home Rule Law.
Sections one and two of this law shall expire on January 1, 1995.
The expiration of such sections of this legislation on January 1,
1995 shall not affect any application for incentive zoning which is
pending on such date, which application may continue to be considered
and acted upon by the Board of Trustees pursuant to this local law.
Neither shall the expiration of such sections on January 1, 1995 affect
any application for incentive zoning which is approved by the Board
of Trustees prior to such date, provided that the applicant and/or
property owner complies with the terms and conditions of such approval."
A.
For every building erected or altered or use established
after the effective date of this chapter, there shall be provided
on the same premises suitably graded and paved off-street parking
and/or off-street loading areas. Such off-street parking area shall
be sufficient to accommodate the number of vehicles customarily used
for conveying occupants and visitors to such structure and requiring
to be parked during the hours of average maximum use. It is not intended
hereby to require provision for abnormal peak loads but for normal
average maximum hourly requirements. Such off-street parking and off-street
loading areas shall conform to the requirements of this chapter.
B.
In all residential districts, there shall be at least
three off-street parking spaces per dwelling unit, at least two of
which shall be enclosed, excluding common parking.
C.
In all residential developments or projects containing
cluster dwellings, one off-street common parking space shall be provided
per dwelling unit in addition to on-site spaces.
D.
In all commercial districts, off-street parking spaces
shall be provided as follows:
[Amended 9-27-1995 by L.L. No. 12-1995; 9-18-2019 by L.L. No. 3-2019]
|
Uses
|
Minimum Required Off-Street Parking
| |
|---|---|---|
|
Retail or service business
|
1 space for each 200 square feet of gross floor
area
| |
|
Business office, financial institution, laboratory,
computer center
|
1 space for each occupant, but not less than
1 space for each 200 square feet of gross floor area
| |
|
Educational or religious uses
|
1 space for each 4 seats in an auditorium or
1 space for each 15 classroom seats, whichever is greater, or such
other requirement as may be established by the Board of Trustees as
a condition of granting a permit for such use
| |
|
Places of public assembly
|
1 space for each 4 occupants permitted by the
fire-rated capacity
| |
|
Professional offices
|
1 space for each 200 square feet of gross floor
area, plus 1 space for each occupant
| |
|
Other uses not listed
|
Off-street parking requirements for uses which do not fall within
the categories listed above shall be determined by the Board of Appeals
prior to issuance of a zoning permit. In determining the required
number of spaces, the Board of Appeals shall consider the provisions
of this chapter with respect to similar uses and the reasonable requirements.
|
E.
Number of parking spaces required. In all districts,
at the time any building or structure is erected, enlarged or increased
in capacity, off-street parking spaces open to the public shall be
provided as set forth in this chapter.
F.
Size. For all principal uses other than residential
uses, each off-street parking space shall have dimensions of at least
10 feet by 20 feet. All off-street parking areas shall include adequate
access drives and aisles in usable configuration. No off-street parking
area shall contain fewer than three parking spaces.
[Amended 9-27-1995 by L.L. No. 12-1995]
G.
Location of facilities. Off-site facilities shall be located in the
same use district as the use to which they are accessory or, with
the approval of the Board of Appeals, within a distance of 400 feet
thereof. Such facilities must also be in the same ownership as the
use to which they are accessory.
[Amended 9-18-2019 by L.L. No. 3-2019]
H.
Joint facilities for parking or loading. Off-street parking and loading
facilities may be provided jointly for separate uses with the approval
of the Board of Appeals.
[Amended 9-18-2019 by L.L. No. 3-2019]
No land or building shall be used or occupied
in any manner so as to create dangerous, injurious, noxious, hazardous
or otherwise objectionable fire, explosive, radioactive or other unsafe
or unhealthy conditions; noise or vibration, smoke, dust, odor or
other form of air pollution; electrical or other disturbances; glare
or heat; liquid or solid refuse or wastes; conditions conducive to
the breeding of rodents or insects or other dangerous or objectionable
elements in an amount or manner as to adversely affect the surrounding
area. All uses of land shall conform to the limitations set forth
below and to all applicable laws and regulations of the State of New
York and the County of Nassau relating to air pollution, smoke, dust
and fumes. The Code Enforcement Officer shall have the authority to
issue the certifications required hereby.
A.
Vibration. No vibration shall be produced which is
transmitted through the ground and is discernible without the aid
of instruments at or at any point beyond the lot line; nor shall any
vibration produced exceed 1.002 "g" peak measured at or beyond the
lot line using either seismic or electronic vibration measuring equipment.
Any use that has the potential of creating a vibration shall furnish
certifications and data by a professional engineer as to its negative
impact before certification is issued.
B.
Noise.
(1)
All noise shall be muffled so as to be not objectionable
due to intermittence, beat, frequency or shrillness. In no event shall
the sound-pressure level of noise radiated continuously from a facility
at nighttime exceed at the lot line the values given in Table I (set
out hereafter) in any octave band of frequency. However, where the
lot line adjoins or lies within 25 feet of the boundary of a residence
district, the sound-pressure levels of noise radiated at nighttime
shall not exceed at the lot line the values given in Table II (set
out hereafter) in any octave band of frequency. The sound-pressure
level shall be measured with a sound-level meter and an octave band
analyzer that conform to specifications published by the American
Standards Association.
(2)
Any use that has the potential of creating any noise
shall furnish certification and data by a professional engineer as
to its negative impact before a certificate is issued.
|
TABLE I
| ||
|---|---|---|
|
Maximum permissible sound-pressure levels
at the lot line for noise radiated continuously from a facility between
the hours of 9:00 p.m. and 7:00 a.m.
| ||
|
Frequency Band Cycles per Second
|
Sound-Pressure Level Decibels re 0.0002
Dyne/Cm2
| |
|
20 - 75
|
69
| |
|
75 - 150
|
60
| |
|
150 - 300
|
56
| |
|
300 - 600
|
51
| |
|
600 - 1,200
|
42
| |
|
1,200 - 2,400
|
40
| |
|
2,400 - 4,800
|
38
| |
|
4,800 - 10,000
|
35
| |
|
If the noise is not smooth and continuous and
is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one
or more of the corrections in Table III shall be added to or subtracted
from each of the decibel levels given above in Table I.
|
|
TABLE II
| ||
|---|---|---|
|
Maximum permissible sound-pressure levels
at a lot line
for noise radiated continuously from a
facility between the
hours of 9:00 p.m. and 7:00 a.m. where
the lot line adjoins
or lies within 25 feet of the boundary
of a residence district.
| ||
|
Frequency Band Cycles per Second
|
Sound-Pressure Level Decibels re 0.0002
Dyne/Cm2
| |
|
20 - 75
|
65
| |
|
75 - 150
|
50
| |
|
150 - 300
|
43
| |
|
300 - 600
|
38
| |
|
600 - 1,200
|
33
| |
|
1,200 - 2,400
|
30
| |
|
2,400 - 4,800
|
28
| |
|
4,800 - 10,000
|
26
| |
|
If the noise is not smooth and continuous and
is not radiated between the hours 9:00 p.m. and 7:00 a.m., one or
more of the corrections in Table III which follows shall be added
to or subtracted from each of the decibel levels given above in Table
II.
|
|
TABLE III
| |||
|---|---|---|---|
|
Type of Operation in Character of Noise
|
Correction
in Decibels
| ||
|
Daytime operation only
|
+5
| ||
|
Noise source operates less than 20% of any one-hour
period
|
+5
| ||
|
Noise source operates less than 5% of any one-hour
period
|
+5*
| ||
|
Noise source operates less than 1% of any one-hour
period
|
+15*
| ||
|
Noise of impulsive character (hammering, etc.)
|
-5
| ||
|
Noise of periodic character (hum, screech, etc.)
|
-5
| ||
|
*
|
Apply one of these corrections only.
| ||
C.
Odors.
(1)
There shall not be discharged or permitted to escape
into the atmosphere odors which shall be offensive to the public or
which endanger public comfort, repose, health or safety.
(2)
The intensity of offensive odors shall be determined at the property line adjacent to the source in the manner described in Air Pollution Abatement Manual, Chapter 5, Table III, Manufacturing Chemists Association, Washington, D.C., 1951. Any use that has the potential of creating any odor shall furnish certification and data by a professional engineer as to its negative impact before a certificate is issued.
D.
Electromagnetic radiation.
(1)
It shall be unlawful to operate any equipment which
as a source of electromagnetic radiation does not comply with the
pertinent current Rules and Regulations of the Federal Communications
Commission or any pertinent laws or regulations of the State of New
York or the County of Nassau.
(2)
If, in the opinion of the Code Enforcement Officer, any equipment
is believed to be a potential hazard or nuisance due to electromagnetic
radiation, then such equipment shall not be operated without his approval
unless the Board of Appeals shall determine that no hazard or nuisance
does in effect exist as a result of the operation of said equipment.
[Amended 9-18-2019 by L.L. No. 3-2019]
(3)
All certifications regarding radiation shall indicate
the measurements and the interpretation of the field strengths. Certifications
shall be made by a qualified professional engineer.
E.
Fire and explosion. All activities involving and all
storage of flammable and explosive materials at any place shall be
provided with adequate safety and fire-fighting devices required by
the Fire Prevention Code of the Village and/or the Nassau County Fire
Marshal's office. Any use that has the potential of creating any fire
or explosion shall furnish data and certification by a professional
engineer as to its negative impact.
F.
Radioactive materials. The handling of radioactive
materials, the discharge of such materials into air and water and
the disposal of radioactive wastes shall be in conformance with the
applicable regulations of the Nuclear Regulatory Commission, as from
time to time amended, and all applicable laws and regulations of the
Village of North Hills. Any use that has the potential of creating
radiation shall furnish data and certification by a professional engineer
as to its negative impact.
G.
Heat. For the purposes of this chapter, "heat" is
defined as thermal energy of a radioactive, conductive or convective
nature from high-temperature processes, such as combustion or welding
or otherwise, so as to be in excess of 10° at the lot line. There
shall be no emission or transmission of heat or heated air discernible
at the lot line. Any use that has the potential of creating any heat
shall furnish data and certification by a professional engineer as
to its negative impact before a permit is issued.
H.
Glare.
(1)
Direct glare. "Direct glare" is defined, for the purpose
of this chapter, as illumination beyond property lines caused by direct
or specularly reflected rays from incandescent, fluorescent or arc
lighting or from such high-temperature processes as welding or petroleum
or metallurgical refining. No such direct glare shall be permitted,
with the exception that parking areas and walkways may be illuminated
by luminaires so hooded or shielded that the maximum angle of the
cone of direct illumination shall be 60° drawn perpendicular to
the ground, with the exception that such angle may be increased to
90° if the luminary is less than four feet above the ground. Such
luminaires shall be placed not more than 16 feet above ground level
and the maximum illumination at ground level shall not be in excess
of three footcandles. All lighting shall require a permit from the
Zoning Board.
(2)
Indirect glare. "Indirect glare" is defined, for the
purpose of this chapter, as illumination beyond property lines caused
by diffuse reflection from a surface such as a wall or roof of a structure.
Indirect glare shall not exceed that value which is produced by an
illumination of the reflecting surface not to exceed 0.3 footcandles
(maximum) and 0.1 footcandle (average). Deliberately induced sky-reflected
glare, as by casting a beam upward for advertising purposes, is specifically
prohibited. All lighting shall require a permit from the Board of
Appeals.
[Amended 9-18-2019 by L.L. No. 3-2019]
I.
Fuel storage. All fuel oil storage tanks or containers
shall be connected exclusively to oil-burning equipment for use in
a structure on the premises. All fuel storage tanks located outdoors
above ground level and all enclosed fuel storage tanks having a capacity
in excess of 1,100 gallons shall require a permit from the Board of
Appeals and the Nassau County Fire Marshal.
[Amended 3-23-1983 by L.L. No. 5-1983; 9-18-2019 by L.L. No. 3-2019]
J.
Nonradioactive liquid or solid wastes. There shall
be no discharge at any point into any public or private sewage disposal
system or stream or into the ground of any liquid or solid materials
except in accordance with applicable regulations of Nassau County.
All uses having any such discharge must furnish certification by the
County Health Department as to their composition and condition.
K.
Trash, garbage and debris. All trash, garbage and
debris areas shall be suitably screened so as not to be objectionable
to neighboring uses. All trash, garbage and debris shall be periodically
removed to avoid accumulation. Any use that has the potential of generating
any such trash, garbage or debris shall furnish certification by a
suitable collector that a periodic pickup will be implemented. All
collection bins shall be identified conspicuously with the name and
telephone number of the owner.
[Amended 10-27-1982 by L.L. No. 14-1982; 3-23-1983 by L.L. No. 7-1983; 10-24-1984 by L.L.
No. 13-1984; 10-28-1998 by L.L. No. 4-1998; 9-18-2019 by L.L. No. 3-2019]
No signs, posters, banners, billboards or other advertising
displays, if otherwise permitted, shall be erected or maintained within
the Village unless they conform to the following regulations and restrictions,
and unless a permit for the same has been obtained from the Code Enforcement
Officer or Board of Appeals.
A.
In all districts.
(1)
One nameplate containing the name of the occupant
of any dwelling shall be permitted, the face of which shall not exceed
two square feet. No permit shall be required for such a nameplate.
(2)
One sign of the contractor, architect, landscape architect
or engineer shall be permitted in any building in the course of construction,
the face of which sign shall not exceed 24 square feet.
(3)
One sign, with interior illumination not exceeding
15 watts, identifying spiritual places, institutional agencies, educational
institutions or governmental agencies shall be permitted, the face
of which sign shall not exceed 16 square feet.
(4)
One sign encompassing professional nameplates bearing
the name and profession of the resident, not exceeding two square
feet in area, which may be illuminated by an electric lamp, not exceeding
15 watts of power, contained within the sign. In nonresidential districts,
professional office buildings having two or more occupants may display
only one such wall or ground sign, containing the names of all occupants.
(5)
One residential subdivision sign at each entrance
of an approved subdivision, identifying the name of the subdivision.
Such sign may consist of a display of content on one face or a display
of content on two faces, each generally facing opposite directions,
or a display of content on two separated sign faces with substantially
identical content display, located on opposing sides of the entrance
and generally facing opposite directions. Such sign shall be located
on the property of the subdivision not less than five feet from the
boundary of the property bordering a public right-of-way. No face
of a permitted sign shall exceed 50 square feet in area. No such sign
may be illuminated with illumination exceeding 600 watts. Each sign
permitted by this subsection shall be approved by the Architectural
Review Board in the manner provided by this Code for actions by such
Board.
(6)
One or more signs for traffic control, or other warning
or informational signs, if installed by governmental authority or
if installed in accordance with regulations of the New York State
Department of Motor Vehicles or Department of Transportation. No permit
shall be required for such signs.
(7)
One or more danger signs, warning of the condition
or danger of travel on a street, may be erected and maintained for
a period of 30 days, provided that such sign exceeds two square feet
in area and does not exceed 12 square feet in area.
(8)
One sign advertising the sale or rental of dwelling
units and/or dwelling plots in an approved subdivision, provided that
such sign is set back from any property line not less than five feet
and provided further that the face area of such sign does not exceed
50 square feet.
B.
In Residential Districts, the following signs may
be permitted only by special permit from the Board of Appeals:
(1)
One or more temporary signs, posters or banners relating
to public, religious, patriotic or other special events.
C.
In Commercial Districts, the following exterior signs
may be permitted only by special permit from the Board of Appeals.
(1)
Wall signs attached and parallel to the principal
building, advertising the business and/or naming the occupants of
such building, provided:
(a)
No more than one sign shall be permitted on
each wall facing a public street or parking area accessory to such
building.
(b)
The sign on a wall facing a public street shall
not exceed three feet in vertical measurement, and in no case shall
such sign exceed 24 square feet.
(c)
The sign on a wall facing a parking area shall
not exceed two feet in vertical measurement, and in no case shall
such exceed 12 square feet.
(d)
No portion of a sign shall extend beyond the
wall or roof of the building.
(e)
Neither a sign nor any device accessory thereto
shall project more than one foot from a wall.
(f)
No sign may be higher than the distance between
the head of the windows of one story and the lower sill course of
the windows of the next higher story, or the top of the parapet wall
if a one-story building, and in no event shall the top of the sign
be higher than 18 feet above the mean level of the ground.
(g)
Each such sign shall be maintained in a good
state of repair, in working order and neatly painted. All projecting
lighting devices, including reflectors and all parts thereof, shall
be painted aluminum on the outside.
(h)
The provisions of this subsection shall not
prohibit a sign projecting not more than one foot from the wall of
any building and not more than one square foot in area used to indicate
the location on the premises of a public telephone or other public
utility facility for the use of the general public.
(2)
One detached or ground sign advertising commercial
use on the same property, the face of which does not exceed 24 square
feet, with height not exceeding 15 feet above grade, set back not
less than 10 feet from the property or street line and with open space
of not less than three feet between ground and base of sign. The area
around and between the sign and front property line shall be maintained
free from debris.
D.
In Commercial Districts, the following exterior signs
are permitted:
(1)
During the course of construction of a new building
not more than two signs, each not to exceed 24 square feet in area,
facing a public street, advertising the nature of the proposed use,
name or names of the general contractor, architect, financing institution
and/or prospective tenants of the premises. Each such sign shall be
removed within one week after the issuance of a certificate of occupancy
or the completion of construction, whichever first occurs.
E.
The following signs are prohibited in all districts:
(1)
Roof signs.
(2)
Signs painted on walls or roofs of buildings.
(3)
Signs made of cloth or other perishable materials.
(4)
Signs or banners extending across streets.
(5)
Billboards or poster panels for hire.
(6)
Signs advertising or drawing attention to a business,
service or commodity conducted, sold or offered elsewhere than at
the property on which sign is situated.
(7)
Signs attached to trees, fences or utility poles.
(8)
Signs which direct, emit, radiate or reflect any beam,
ray, gleam or glare of light away from the lot on which such sign
is located.
(9)
Signs which might be confused as a traffic control
sign or which might interfere with the vision or discernment of any
traffic sign or which might cause danger to public travel.
(10)
Signs with flashing, changing, intermittent
or varying illumination.
(11)
Rotating or moving signs.
(12)
Any signs, display or advertising devices not
classified in this Code as permitted.
A.
Application. Before any sign permitted by this chapter
may be erected or maintained, an application in writing shall be signed
and filed with the Code Enforcement Officer by the owner of the property
or by his agent duly authorized in writing, on a form furnished by
the Village, and the requisite fee shall be paid at that time. Such
application shall specify the nature and purpose of the proposed sign,
its proposed location, the material of which it is to be constructed
and such other information as shall be required by the Code Enforcement
Officer.
B.
Approval. The Code Enforcement Officer shall approve
such application upon a determination that the proposed sign, display
or device will not be or create circumstances adverse to the public
health, safety and welfare, nor create any unsightly condition which
would adversely affect any person or property, and that no permit
from any other Village body is required. Any such permit may be issued
subject to reasonable conditions imposed by the Code Enforcement Officer.
C.
Permit number. Each sign for which a permit is required
shall bear the permit number assigned by the Code Enforcement Officer.
D.
The fees provided by law shall be payable upon the
filing of a required application for a sign permit and each renewal
thereof.
A.
Any sign in existence on the effective date of this
chapter which does not conform to the requirements hereof shall be
a nonconforming sign. No nonconforming sign may be replaced by another
nonconforming sign. All nonconforming signs shall be prohibited and
shall be removed or replaced by conforming signs within five years
from the effective date of this chapter, except that such nonconforming
signs which are constructed substantially from or with metal members
shall be prohibited and shall be removed or replaced within 10 years
from the effective date of this chapter.
B.
Any existing sign which advertises a use which has
been discontinued for a period of six months or more shall be removed.
