[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon 3-25-1982 by L.L. No. 1-1982 (Ch. 202 of
the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Architectural review — See Ch.
84.
Garage sale signs — See Ch.
187.
A. It is the purpose and intent of this chapter to regulate
signs within the Village of Babylon in order to accomplish the goals
of:
[Added 2-14-1984 by L.L. No. 1-1984]
(1) Avoiding an unsightly proliferation of unnecessary
signs.
(2) Providing for adequate signs for the business community
to communicate its availability to the public.
(3) Encouraging appropriate use of land use consistent
with the needs of the Village.
(4) Protecting the public, both pedestrian and motorist,
from improperly located or distracting signs which create a hazard
to said public by virtue of construction, location and/or illumination.
(5) Maintaining the essential residential character of
the community.
(6) Enhancing the aesthetic environment of the Village
by encouraging excellence in sign design.
(7) Preventing depreciation of property values in residential
and commercial areas.
B. The term "sign," as used in this chapter, is intended
to mean and include, without being limited by the enumeration thereof,
any sign, billboard, showboard, banner, poster, symbol or other device,
any pennant, banner, streamer, string or series of clear or colored
lights or other display. The term "sign" shall not include any such
signs which are erected and maintained by any state, county, town
or Village governmental agency in the discharge of any function, duty
or power. Signs are for identification purposes only and are therefore
not meant to announce, declare, demonstrate or in any manner advertise
or attract attention by means of letters, figures or colors displayed
indoors but directed outdoors or displayed out of doors, whether affixed
to windows, glass or freestanding and whether illuminated, nonilluminated
or reflective, except as may be permitted elsewhere in this chapter.
No sign or other advertising matter shall be
painted, posted or displayed on any structure or part thereof or over,
upon or across any street or public place or in any manner whatsoever,
except as provided in this chapter.
No existing sign or sign structure shall be
enlarged, rebuilt, structurally altered or relocated, except in accordance
with the provisions of this chapter. This requirement shall not apply
to the relettering of signs, except where it requires a change in
sign or method of erection and installation.
[Amended 1-28-2003 by L.L. No. 1-2003]
The applicant must furnish the Building Inspector,
within 15 days after the completion of the electrical hookups for
external lighting, all necessary safety requirements, including but
not limited to a Board of Underwriters' temporary certificate showing
that the lighting has been properly installed, insofar as it applies
to all 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 installation of
the external lighting, the sign permit therefor shall be deemed null
and void. The permanent Underwriters' certificate shall be filed within
60 days from date of permit, and if not so filed in the office of
the Building Inspector the permit shall be null and void.
No banner, display, string or series of clear
or colored lights or other devices shall be erected and maintained
on any lot, on the outside of any building or attached to the outside
of any building in any manner wherein a business is conducted unless
a license therefor shall have been obtained from the Board of Trustees.
The application for such license must include the following information:
size, shape, duration, intensity of light and any other information
necessary to support such a request.
[Amended 1-28-2003 by L.L. No. 1-2003]
Notwithstanding any other provision of this
chapter, any sign in existence at the date of adoption of this chapter
which does not conform to the provisions of this chapter shall be
discontinued and removed on or before January 1, 2005, and the failure
to discontinue or remove such nonconforming sign on or before the
aforesaid date shall constitute a violation of the provisions of this
chapter. All nonconforming signs in the Village of Babylon at the
time of the adoption of this chapter may be maintained until January
1, 2005, but if any major change, modification, structural repair
or replacement thereof is hereafter made, such sign shall thereafter
conform to the provisions of this chapter, provided that a legal nonconforming
sign may not be replaced by another nonconforming sign.
A. No sign shall be so located as to detract from or
obstruct historic buildings from public view.
B. Any freestanding or resting temporary sign, such as
a sandwich board, easel, lean-to or similar type, shall not in any
way impede the safety of the pedestrian traffic and must in all other
respects conform to this chapter and all other chapters of the Village
Code.
[Added 2-14-1984 by L.L. No. 1-1984]
Temporary or permanent signs resting on or attached
to vehicles shall not be used as a means to circumvent the provisions
of this chapter.
No sign, whether independently used or as an
accessory use to a business or industry conducted in any building
or structure in a business or industrial district, shall be maintained,
altered, constructed, erected, placed or relettered hereafter on any
building or structure, except on a wall fronting on a street or public
highway.
A. The following signs shall be permitted in residential
districts:
(1) One sign, not exceeding 1 1/2 square feet in
total area, displaying the street number or the name of the occupant
of the premises, or both.
(2) One real estate sign, not larger than two feet by
three feet, on one lot advertising the sale or letting of only the
premises on which it is maintained and set back not less than 15 feet
from the street line and not less than 10 feet from each side line.
The maximum total height from the ground shall not exceed four feet.
(3) One sign, not exceeding 1 1/2 square feet in total area, displaying the name and occupation (words only) of the person conducting such home occupation or profession as is permitted by the applicable subsections of Chapter
365, Zoning, of the Code of the Village of Babylon, including, however, a real estate broker.
(4) One sign, not exceeding four square feet in total area, displaying the name of such building contractor or subcontractor actually building or making repairs on the premises on which the sign is erected. Such sign shall be maintained only during the time the contractor or subcontractor is actually performing work or repairs on the premises. The location and requirements of setback of such sign shall be the same as set forth in Subsection
A(2) of this section.
(5) Signage for a bank as is permitted by the applicable subsections of Chapter
290, Zoning, of the Code of the Village of Babylon, provided such signage is also approved by the Architectural Review Board in accordance with Chapter
84.
[Added 8-8-2006 by L.L. No. 4-2006]
B. Except as hereinabove provided, no other sign shall
be permitted at any time in a residential district.
The following signs shall be permitted in business
and industrial districts:
A. A sign painted on any collapsible or roller awning
over a show window facing upon a public highway or street, advertising
any business conducted therein on the premises; provided, however,
that the lettering of such sign or other device displayed thereon
shall not exceed 12 inches in height.
B. Signs upon the marquees of theaters or hotels may
be permitted, subject to the approval of the Board of Trustees.
C. One sign not exceeding 24 square feet in total area
and not attached to a building may be erected on the ground of the
plot on which the business or industry is conducted, provided that
such sign is not more then 10 feet in height above the ground or grade;
there is an open space of not less than two feet between the lowest
edge of the sign and the ground level; such sign is constructed and
erected on one or more posts and standards sunk at least three feet
below the natural grade of the ground, properly braced, if necessary,
by timber or metal; such sign is approved as to structure and safety
by the Building Inspector in accordance with recognized engineering
standards; and such sign or any part thereof shall not overhang or
encroach upon any public street or place or be erected or maintained
so as to obstruct the clear view of any street, intersection or public
place in any direction. Such sign may be used for displaying the name
of the occupant, the name of any business, profession or occupation
conducted in such building or to advertise the sale or rental of the
premises.
D. One sign displayed or painted on or attached to a
wall or facade of a building or of a storefront projecting not more
than 10 inches from such wall or facade, when used for advertising
the name or any business conducted in such building; provided, however,
that no such sign shall be constructed or attached to any wall or
building so as to obstruct any window, door or other opening of the
same. In any case, such sign shall not cause any window or door or
exit of a building to be blocked in any manner. The maximum overall
dimensions of such sign shall not exceed a maximum vertical measurement
of three feet and a horizontal measurement not to extend beyond the
frontage of the wall on which it is displayed.
E. No sign shall be erected or maintained on any roof
or setback of a building.
F. One sign, not exceeding four square feet in total
area, displaying the name of such building contractor or subcontractor
actually building or making repairs on the premises on which the sign
is erected. Such sign shall be maintained only during the time the
contractor or subcontractor is actually performing work or repairs
on the premises.
G. No sign shall be permitted unless it conforms to the
following requirements:
(1) It shall be distant not less than 10 feet from the
street line when not attached to a building, but in no case shall
the sign be nearer the street line than the overall height of said
sign.
(2) It shall be distant not less than 30 feet from a street
intersection when not attached to a building.
(3) It shall be distant not less than 100 feet in any
direction from a curve or bend in a street when not attached to a
building.
(4) Signs shall be fixed and shall not rotate or oscillate.
Proof that such sign complies with the standards and requirements
of the New York Board of Fire Underwriters and any other governing,
regulating or approving body or agency having jurisdiction or cognizance
of electrical requirements and safety for external lighting of signs
shall be submitted with the application for such sign and upon the
completion of the erection or installation of such sign.
[Amended 1-28-2003 by L.L. No. 1-2003]
H. Pylon or pole signs shall be permitted only at gasoline
or service stations located in business or industrial districts and
shall not exceed 30 square feet, and the top of the same shall not
exceed 20 feet in height above ground level.
A. Directional signs for aviation purposes only, painted
on flat roofs, are permitted in business and industrial districts.
B. No directional sign shall be erected or maintained at
any time within the territorial limits of the Village, and for the
purpose of this subsection, "directional sign" shall mean and include
any sign device or display advertising and directing the public, by
symbol or otherwise, to any business, commercial enterprise, housing
development, social or other organizational activity, exhibition,
show, sporting event, fair, bazaar, place of entertainment or amusement
conducted or maintained either within or without the territorial limits
of the Village.
C. The Board of Trustees may, upon proper application,
grant a license to erect, locate and maintain signs of a different
size, character or type than provided in this chapter. Such license
may be granted upon condition that the sign shall be erected and maintained
for a period of 30 days or less or upon such other terms and specifications
as the Board of Trustees may direct.
D. Permits shall be issued without payment of a fee for
temporary signs for public benefit, educational, religious and charitable
uses, provided that such temporary signs shall not exceed an area
of 15% of the total window area available to the merchant fronting
on a street or public accessway and shall not be used or maintained
for a period exceeding 15 days. Permits for small temporary and directional
signs may be issued by the Board of Trustees upon application by letter
in writing therefor, indicating the nature of the sign and the quantity
proposed to be erected.
[Amended 2-14-1984 by L.L. No. 1-1984]
A. The following signs are prohibited in any district:
(1) Overhanging signs shall not be permitted in the Village
of Babylon.
(2) Any sign attached to any tree, fence or utility pole,
unless otherwise provided in this chapter.
(3) The outlining by direct illumination of all or part
of a building, such as a gable, roof, wall, side or corner is prohibited,
except during the Christmas season.
(4) Any sign or external lighting fixture designed to
oscillate, rotate or flash in any manner or in any animated manner.
[Amended 1-28-2003 by L.L. No. 1-2003]
(5) Any internally lit electrical sign (signs are allowed
to be lit by external lighting only), as well as any electrical window
sign, neon tubing and the like.
[Added 1-28-2003 by L.L. No. 1-2003]
B. Phone numbers on signs are prohibited.
[Added 1-28-2003 by L.L. No. 1-2003]
A. Every sign and sign structure for which a license
shall have been issued under this chapter shall be inspected every
two years by or under the direction of the Building Inspector.
B. Any sign now or hereafter existing which no longer
advertises a bona fide business conducted shall be taken down and
removed by the owner, agent or person having the beneficial use of
the building or structure, property or premises upon which such sign
may be found within 30 days after written demand for removal by the
Building Department. Upon failure to comply with such demand within
the time specified, the Building Department is hereby authorized to
cause removal of such sign, and any and all expenses incidental thereto
shall be paid by the owner of the building, structure, property or
premises to which such sign is attached.
C. Any sign requiring a sign permit which does not have
such a permit, or which does not have a sign permit number displayed
on its face, or which has had its permit revoked shall be deemed to
be an illegal sign under the provisions of this chapter. The Building
Inspector 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 of the part of or of the entire building,
structure or lot where said sign is located, requiring such owner
or lessee or tenant to remove such illegal sign within seven days.
Such notice may be served personally or by certified mail, return
receipt requested. Upon failure of such owner or lessee or tenant
to remove said sign within seven days of receipt of notice, the Building
Inspector is authorized to enter upon such property and remove any
such illegal sign. No liability shall attach to the Village of Babylon,
nor to any officers, employees or agents of the Village of Babylon,
except acts of affirmative negligence, in connection with the removal
of any such illegal sign.
A. Should any sign or sign structure be or become insecure
or in danger of falling or become in any way unsafe in the opinion
of the Building Inspector, the owner thereof or the person maintaining
the same shall, upon notice from the Building Inspector, forthwith
in the case of immediate danger, and in any case within five days
after such notice, remove such unsafe sign or secure the same under
the supervision and in the manner approved by the Building Inspector
and in conformity with this chapter.
B. If such sign is not removed or made safe within five
days after such notice has been served upon the permittee or owner,
the Building Inspector may enter upon the property, in the name of
public safety, and cause such sign to be removed summarily and without
further notice. The costs for removal are to be assessed to the property
owner.
C. Signs shall be maintained to preserve their physical
appearance and structural integrity to the satisfaction of the Building
Inspector.
[Added 1-28-2003 by L.L. No. 1-2003]
No sign shall be erected, maintained or altered
without first obtaining a permit from the Building Inspector and paying
the required fee set forth in this chapter. Any person, including,
without limitation, the owner, tenant or occupant of the property
whereon the sign is erected, his employees or agents, the manufacturer,
fabricator or painter of such sign, who shall erect or cause to have
erected any sign prior to the time a license therefor shall be granted
shall be deemed to have violated this chapter and shall be subject
to the penalties set forth in this chapter. The number of the license
for such sign shall at all times be affixed to or painted on the lower
right corner of the sign, and failure to so affix and maintain such
number shall constitute cause for immediate revocation of the license,
in addition to any other penalties prescribed by this chapter.
Application for a license shall be made to and
filed with the Building Inspector on a special form prepared for that
purpose.
A. The application shall contain plans and specifications
of the proposed sign, including a description thereof, its size, material,
location, illumination or pictorial matter, method of erection and
such other information as may be necessary to determine whether the
sign will conform to the provisions of this chapter. All plans and
specifications submitted to the Building Inspector in connection with
an application for a sign permit, except paper, cardboard or similar
temporary signs, must have affixed thereto a seal of approval from
the Architectural Review Board. No sign permit requiring submission
of plans and specifications therefor under this chapter shall be issued
by the Building Inspector unless such plans and specifications contain
a seal of approval from the Architectural Review Board.
[Amended 2-27-1990 by L.L. No. 1-1990]
B. The application shall contain an agreement on the
part of the applicant that, in consideration of the granting of such
license by the Building Inspector, said applicant shall save and keep
harmless the Village of Babylon, its officers, agents and employees
from any liability for or by reason of any injury to any person or
property as a result of his negligence or otherwise in connection
with said sign.
C. In consideration of the granting of such permit by
the Building Inspector, the applicant will provide the Building Inspector
with certification of an insurance policy in effect at the time insuring
both the applicant and the Village against any and all claims for
personal injury or property damage that in any manner results from
said sign. Also, this certification shall not be canceled or in any
way amended without providing the Building Inspector with 10 days'
written notice.
A. All applications for a license shall be accompanied
by a fee based upon the following schedule:
[Amended 1-28-2003 by L.L. No. 1-2003]
(1) No sign permit shall be issued prior to payment of
a fee of $20 for a sign 60 square feet or less.
(2) A fee of $50 shall be paid for a permit for any sign
in excess of 60 square feet.
B. No exception shall be made to this fee schedule. The
Board of Trustees shall from time to time, by resolution, establish
the fees to be charged for sign permits.
[Amended 4-23-2024 by L.L. No. 5-2024]
C. The Board
of Trustees shall from time to time, by resolution, establish the
fees to be charged for sign permits.
[Added 4-23-2024 by L.L. No. 5-2024]
A. Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
B. In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this chapter.