[HISTORY: Adopted by the Board of Trustees of the Village of East
Rockaway 9-10-1990 as L.L. No. 7-1990.[1] Amendments noted where applicable.]
The purpose of this Article is to regulate existing and proposed signs
in order to:
A.Â
Reduce sign or advertising distractions and obstructions
that may contribute to traffic accidents.
B.Â
Reduce hazards that may be caused by signs overhanging
or projecting over public rights-of-way.
C.Â
Protect property values.
D.Â
Create a more attractive economic business climate.
E.Â
Enhance and protect East Rockaway's physical appearance
and environment.
F.Â
Preserve the scenic and natural beauty of the village.
G.Â
Provide a more enjoyable and pleasing community.
As used in this Article, the following terms shall have the meanings
indicated:
Includes any sign, billboard, show bill, show board or sign containing
any name, advertisement or directional matter attached to any building or
structure but not including ground signs or signs which are erected and maintained
by any state, county, town or municipal government agency in the discharge
of any function, duty or power and shall not include signs painted on glass
windows or attached to the interior of any building.
A sign which is permitted to be used or erected only for a limited
period of time pursuant to the provisions of this chapter, and which is designed
to advertise or announce a particular event or series of events, to solicit
political support or to announce the availability for sale of a particular
item or items or the offer of services which will be available for such limited
period.
A.Â
No sign as defined in § 244-1.1 shall be hung, erected or placed on any building or over any sidewalk or on any property unless a permit shall have been obtained from the village for such purpose.
[Amended 3-13-1995 by L.L. No. 1-1995]
B.Â
Notwithstanding any other provision of this Article,
any sign authorized in this Article is allowed to contain noncommercial copy
in lieu of any other copy.
Application for a permit for hanging a sign shall be made in conformity with Chapter 187, Licenses and Permits, § 187-4, and no permit for hanging signs shall be issued except upon the approval of the Superintendent of Construction approving the materials and construction thereof. It shall be the duty of the Superintendent of Construction, before approving any such sign, to ascertain that the construction and maintenance of such sign will not be dangerous to persons passing in the street and shall not materially interfere with other persons and that such sign will not be unsightly. An applicant for such permit, however, upon the refusal of said Superintendent of Construction to approve a sign, may make application to the Zoning Board of Appeals and, upon proper showing, such permit may nevertheless be issued at the discretion of the Zoning Board of Appeals.
[Amended 7-12-1999 by L.L. No. 9-1999]
The fees and deposits to be charged and required under the provisions
of this chapter shall be determined from time to time by resolution of the
Board of Trustees.
A.Â
Existing signs and signs wherever erected in the village
shall be subject to inspection by the Superintendent of Construction, and
whenever said Superintendent of Construction shall find that a sign has or
may become dangerous to persons using the sidewalk, street or public way or
that such sign is not maintained in good condition or has been permitted to
become unsightly, said Superintendent of Construction may make an order, in
writing, directing that such condition shall be corrected or that such sign
shall be removed, and such order shall be complied with forthwith. Such order
shall be served upon the owner, lessee or occupant of a premises upon which
such sign is hung, either personally or by registered mail.
B.Â
Such owner, lessee or occupant may, within five days
after the service of such order, make application to the Zoning Board of Appeals
to review the same, and such order shall be suspended until the determination
of the issue by the Zoning Board of Appeals. Upon such hearing, such order
may be confirmed, revoked or modified by the Zoning Board of Appeals.
No signs shall be constructed of cloth, oilcloth or paper or other destructible
material for display outside of any building, except that a temporary permit
for not more than 60 days may be granted for real estate signs advertising
a sale or rental of the building upon which such sign is placed, constructed
of temporary materials, but no such sign shall be larger than four feet by
five feet or 20 square feet. No fee shall be required for such temporary real
estate sign.
The provisions of this article shall not prohibit a sign projecting not more than 12 inches from the wall of any building and not more than 12 inches by 12 inches in area used to indicate the location on the premises of a public telephone or other public utility facilities for the use of the general public; nor shall a permit be required for signs upon the marquee of a theater constructed in conformity with Chapter 101, Building Construction.
A.Â
In addition to the penalty herein prescribed, any sign
erected in violation of the provisions of this chapter shall be forthwith
removed upon the order of the Superintendent of Construction.
B.Â
Wherever the owner, occupant, lessee or person in charge of any hanging sign shall fail or refuse to comply with an order made pursuant to § 244-5 hereof or a notice or order cannot be served upon him with reasonable diligence, the village may remove any sign violating the provisions of this section, and the owner, occupant, lessee or person in charge of or in control of said sign shall be liable to the village for the cost thereof in an action brought therefor by the village.
C.Â
Any person committing an offense against any provision
of this article 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 article shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
The purpose of this Article is to regulate existing and proposed signs
in order to:
A.Â
Reduce sign or advertising distractions and obstructions
that may contribute to traffic accidents.
B.Â
Reduce hazards that may be caused by signs overhanging
or projecting over public rights-of-way.
C.Â
Protect property values.
D.Â
Create a more attractive economic business climate.
E.Â
Enhance and protect East Rockaway's physical appearance
and environment
F.Â
Preserve the scenic and natural beauty of the village.
G.Â
Provide a more enjoyable and pleasing community.
As used in this Article, the following terms shall have the meanings
indicated:
A sign that is erected other than parallel to a building and does
not extend more than 12 inches from such building.
The owner of the sign or signs.
A structure for which one certificate of occupancy has been issued
by the Building Department of the Village of East Rockaway.
A stationary structure fastened to or resting on the ground, used
as a sign.
The owner of the sign or signs, or the owner of the premises.
A structure composed of a pole attached to the ground, surmounted
by a device used as a sign.
A sign not attached to the ground or to any structure.
A structure or device fastened or attached to the roof of a building
and used as a sign.
Includes any form of display sign, screen/billboard, advertising
device and every kind of structure that is arranged, intended, designed or
used as an advertisement, announcement or direction.
The area which results by multiplying the outside dimensions of a
sign, not including the vertical, horizontal or diagonal supports which may
affix the sign to the ground or to a structure or building. Where the sign
consists of individual letters or symbols attached to or painted on a building,
the area shall be considered to be that of the smallest rectangle which encompasses
all of the letters or symbols.
The head of the Building Department of the Village of East Rockaway.
A sign which is permitted to be used or erected only for a limited
period of time pursuant to the provisions of this chapter and which is designed
to advertise or announce a particular event or series of events, to solicit
political support or to announce the availability for sale of a particular
item or items or the offer of services which will be available for such limited
period.
A sign painted on the wall of a building or structure or device fastened
or attached to the outside wall of a building and used as a sign.
The following forms of signs shall be excluded and exempt from the provisions
of this Article, except as herein elsewhere expressly provided:
A.Â
Signs advertising the sale or rental of residential premises on which the sign is placed, as permitted by Chapter 288, Zoning.
C.Â
A street, directional, danger or precautionary sign and
traffic signs and any other sign erected or required by any governmental authority.
D.Â
A notice or advertisement required by law in any legal
proceeding.
E.Â
Window lettering and interior signs.
F.Â
A notice of any railroad, transportation, telephone or
transmission company or corporation, necessary or convenient for the direction,
information or safety of the public; standard signs, not in excess of one
square foot in area, designed to indicate the location on the premises of
facilities for use of the general public.
G.Â
Signs erected by special authority of the Village Board as provided for under § 244-28 hereof.
H.Â
Standard signs used by religious organizations, erected
and maintained on the property where services are held, but in no event shall
such sign exceed 20 square feet in area.
I.Â
Signs, the lettering and figures on which are not exceeding
six inches in height, painted on or applied or attached to the front valance
of an awning over a show window facing on a public street or municipal parking
area, when used for advertising any business conducted on the premises of
which such window is a part.
[Amended 3-13-1995 by L.L. No. 1-1995; 4-9-2007
by L.L. No. 5-2007]
No sign shall hereafter be erected or permitted except as provided in this article and Chapter 288, Zoning, and any other applicable ordinance of the Village.
No ground sign more than five feet in height or more than 20 square
feet in area and no billboard shall hereafter be erected or permitted.
Angle signs extending over the sidewalk or flat signs extending more than 12 inches over the sidewalk are prohibited. No sign shall be erected or maintained at right angles or at any angle to a building or structure, which sign extends or projects over any sidewalk, street, alley or municipal parking field. No sign which is erected or maintained flat against any building or structure shall extend or project more than 12 inches, including lighting devices or reflectors, over any sidewalk, street, alley or municipal parking field. The provisions shall not apply to a part of a building used as a theater or flat signs lighted by reflectors, goosenecks or other types of remote lighting as provided in § 244-25A and B.
Pole signs shall advertise only the business conducted on the premises
or the products sold therein; they shall not exceed vertical or horizontal
measurement of five feet or a total area of 25 square feet. The total height
of such sign structure shall not be more than 20 feet with a minimum distance
of seven feet between the bottom of the sign and the surface of the ground.
No part of any pole sign shall project over any street, highway, sidewalk,
alley or municipal parking field. Only one pole sign shall be allowed for
each 100 feet or less of street frontage used by the same building.
A.Â
No sign shall be erected, permitted or maintained on
the front, side, rear walls or roof of a building which does not advertise
the business conducted on the premises and/or services rendered therein.
B.Â
Each store, office or other business occupant contained
within a building not located on a corner may affix one sign to the front
or face of that portion of the building he occupies; provided, however, that
such sign shall not exceed three feet in height nor 20% of the outer surface
area of the portion of the building occupied by such occupant. In no event,
however, shall any sign be erected exceeding the distance between the head
of the windows of the first 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.
For this purpose, a "story" shall be deemed to be no more than 13 feet high.
C.Â
Each occupant of a store, office or other establishment contained within a building located on a corner abutting two streets or contained within a building having three walls facing a corner abutting two intersecting streets may affix one sign to each exposure actually occupied by the occupant's establishment within any such building; provided, however, that no more than three signs shall be maintained on any building. All signs affixed pursuant to this subsection shall comply with and be subject to the requirements contained in § 244-15B.
D.Â
A sign may be placed on the rear or side wall of any
building which is on a parcel of land adjacent to or abutting a parking field
or other vacant area, provided that such sign shall be located no less than
50 feet from any adjacent property which is occupied by a residence or residences.
Such sign shall not exceed 24 square feet in area and not more than three
feet in height, with the longer dimension horizontal to the ground, and shall
not exceed 20% of the total area of the wall upon which it is located. Not
more than one such sign shall be placed on any such building, and such sign
shall show only the name of the establishments in the building and the products
or services furnished therein, and no letter contained on any such sign shall
exceed 18 inches in height.
Roof signs shall be prohibited.
A.Â
No person shall hereafter maintain, erect, hang or place
or cause or permit to be hereafter maintained, erected, hung or placed in
the Village of East Rockaway any sign without first obtaining from the Superintendent
of Construction of said village permission so to do under the provisions of
this Article. Application for such permission shall be in writing and shall
be accompanied by the written consent of the owner of the property on which
the sign is proposed to be erected, and such application shall contain an
agreement on the part of the applicant and the owner of the premises that,
in consideration of the granting of such permission by the Superintendent
of Construction, such applicant and owner shall save and keep harmless the
Village of East Rockaway from any liability for or by reason of any injury
to persons or property as the result of negligence or otherwise on the part
of either or both of them in connection with said sign and authorizing and
permitting the village to remove the sign in case it shall be abandoned or
become unsafe. Such application and agreement shall be filed with the Superintendent
of Construction, and at the time of filing the same, such applicant shall
pay the fee required by this Article.
B.Â
Notwithstanding any other provision of this Article,
any sign authorized in this Article is allowed to contain noncommercial copy
in lieu of any other copy.
A.Â
The Superintendent of Construction shall assign a serial
number to each permit, which serial number shall be displayed upon the face
of each sign.
B.Â
The Superintendent of Construction may issue permits
in several series so as to distinguish between existing signs and new signs
or between various classes of signs.
A.Â
All signs now in existence which do not conform to the
requirements of this Article, which were erected prior to June 22, 1959, or
which have thereafter been erected pursuant to a permit issued by the Superintendent
of Construction of the Village of East Rockaway, shall be permitted to remain
in their present position on the structure where such signs are presently
erected without conforming to the provisions of this Article except:
B.Â
Permits for existing nonconforming signs permitted by
this Article shall be required.
All applications for permits shall be accompanied by plans and specifications
of the existing or proposed sign, showing dimensions, materials and details
of construction and affixation, and a sketch thereof and such other information
and data as may be required by the Superintendent of Construction.
All signs shall be constructed of incombustible material except mouldings
and cappings which may be of wood. Lettering may be of combustible material
only when imposed or attached to an incombustible frame. They shall be so
constructed that they will withstand a wind pressure of at least 30 pounds
per square foot of surface.
Signs shall not project over the sill of the second-story window or
below the front window cornice. Such signs shall be securely fastened to the
building wall. No part of any sign shall cover any window, door or other opening
or part thereof.
Portable signs shall not exceed five feet in height, shall be weighted
so as not to overturn and may be constructed of other than incombustible materials.
No such portable sign shall be placed beyond the street line of any building,
on any walk or other public passageway or in any municipal parking field.
All signs shall be safely and properly constructed, erected, attached
or installed so as not to be dangerous or prejudicial to the safety and welfare
of the community. All signs shall comply with all provisions of this Article
or any other ordinance of the village applicable thereto. No permit shall
be issued for any sign or proposed sign by the Superintendent of Construction
unless he shall find that these conditions are complied with.
A.Â
Signs lighted by reflectors mounted on conduits, goosenecks
or other types of remote lighting shall be so constructed that the lighting
equipment shall be securely affixed to the building to which the conduits,
goosenecks or other types of remote lighting equipment are attached, and if
the illumination source is from reflectors or lighting removed from the building
or structure, such lighting shall conform to the requirements of the New York
State Board of Fire Underwriters.
B.Â
None of the sources of illumination, including the conduits,
goosenecks or other types of remote lighting, shall be taken into consideration
in measuring the depth of the sign, and such gooseneck or other type of illumination
as approved by the Superintendent of Construction may not extend more than
12 inches over the sidewalk in illuminating flat signs or signs affixed to
a building or structure.
C.Â
All electrical signs must bear the seal or label, with
proper identification number, applied by Underwriters' Laboratories,
Inc., of the National Board of Fire Underwriters.
D.Â
All electrical signs near or adjacent to residential
property shall be so placed, arranged and shaded that they will not shine
into any buildings used for dwelling purposes in said Village of East Rockaway.
A.Â
No sign shall hereafter be altered, enlarged, rebuilt,
extended or relocated except in conformity with the provisions of this Article.
B.Â
No smaller sign shall be hung or attached to any sign
without first securing a permit.
C.Â
Nothing in this section shall prevent the changing of
removable parts of signs that are designed for changes nor the repainting
of the same display matter.
[Amended 3-13-1995 by L.L. No. 1-1995; 4-9-2007
by L.L. No. 5-2007]
A.Â
Temporary signs. All signs of a temporary nature with a total surface area in excess of 120 square inches, such as portable signs, commercial posters, banners, promotional devices and other signs of similar nature, may be granted a temporary permit for a period not to exceed 60 days, provided that such signs are not attached to fences, trees, utility poles or the like and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public, and provided that they comply with applicable provisions of Chapter 244.
B.Â
Temporary election signs. All signs of a temporary nature, such
as posters, banners, promotional devices and other signs of similar nature
which advance or oppose the election of candidates for public office, may
be granted a temporary permit for a period not to exceed 60 days, provided
as follows:
(2)Â
Such temporary permits shall expire seven days after the day
of election of candidates to which such temporary signs are related.
(3)Â
No temporary sign shall exceed a maximum size of 32 square feet.
(4)Â
In the Residential A and Residential B Districts, no temporary
sign shall exceed a maximum size of 12 square feet.
(5)Â
There shall be no fee or permit required for temporary election
signs of six square feet or less. Only one such temporary election sign may
be installed for each 50 feet of frontage of the subject premises.
D.Â
Number permitted. Only one sign may be permitted for each 50
feet of frontage of the subject premises.
E.Â
Removal. The Superintendent of Construction, after five days'
written notice to the permit holder to remove such sign by reason of the permit
holder's failure to comply with the posting or safety requirements of this
section, shall cause said sign to be removed if the permit holder has not
already done so, and the cash deposit shall be forfeited.
[Amended 4-9-2007 by L.L. No. 5-2007]
In all zoning districts other than in the Residential A and Residential
B Districts, the Village Board reserves unto itself the right to grant a permit
to erect directional signs for the purpose of advertising the location of
the business or offices of the business operated within the Village of East
Rockaway and the direction or location of such business or office; provided,
however, that such sign shall not be larger than 12 square feet in area, to
be erected on other property than that of the business or office advertised
thereon. The Board of Trustees shall, before granting a permit for such sign,
consider the following standards and conditions, among others:
A.Â
The business advertised thereon is a business located within
the territorial limits of the Village of East Rockaway.
B.Â
Such business or office is located in an area away from or removed
from the main streets or highways of the Village.
C.Â
Such sign is reasonably necessary for the guidance of customers,
clients, tradespeople, truckers or others having business with such business
or office.
D.Â
The erection of such sign will not interfere with the health,
safety or welfare of the public or create any traffic hazards for the users
of the street, highway, sidewalk or property upon or near which such sign
may be located.
E.Â
The owner of the property upon which such sign is proposed to
be erected has consented, in writing, to the erection thereof.
F.Â
The permit for the erection and maintenance of such sign shall
be granted only for a period fixed by the Board of Trustees, not exceeding
two years from the date of the granting of such permit, and conditioned upon
the filing of a surety bond in the sum of $100 guaranteeing the removal of
said sign.
A.Â
It shall be unlawful for any person, firm or corporation
to sell or offer for sale at retail for use in internal-combustion engines
in motor vehicles any gasoline unless such seller shall post and keep continuously
posted on the individual pump or other dispensing device from which such gasoline
is sold or offered for sale a sign or placard, not less than seven inches
in height and eight inches in width nor larger than 12 inches in height and
12 inches in width and stating clearly and legibly in numbers of uniform size
the selling price or prices per gallon of such gasoline so sold or offered
for sale from such pump or other dispensing device, together with the name,
trade name, brand, mark or symbol and grade or quality classification, if
any, of such gasoline.
B.Â
Only one sign or placard stating or referring to the
price or prices of gasoline shall be placed or maintained on any part of the
premises upon which gasoline is sold or offered for sale.
A.Â
As a condition precedent to the issuance of a permit
for the erection of any sign, it shall be incumbent on the applicant to furnish
the Superintendent of Construction a certificate, by a competent sign erector,
certifying that the sign or signs will be properly secured to the building
or buildings in a safe manner.
B.Â
The foregoing subsection shall also be construed to refer
to permits for renewals of existing sign permits.
The Superintendent of Construction shall revoke the permit for and direct the owner of property to remove forthwith any sign thereon which has been abandoned or which violates any of the provisions of this Article or for which a permit has not been secured as required by this Article or which is not safe and secure or made safe and secure as directed by the Superintendent of Construction. In case the owner does not remove such signs as directed by the Superintendent of Construction, such Superintendent shall cause the same to be removed and shall assess the cost thereof against such owner. The Superintendent of Construction may also institute any appropriate legal proceedings, under the provisions of § 244-33 of this article.
[Added 3-13-1995 by L.L. No. 1-1995;
amended 7-12-1999 by L.L. No. 9-1999]
The fees and deposits to be charged and required under the provisions
of this chapter shall be determined from time to time by resolution of the
Board of Trustees.
A.Â
This article shall be enforced by the Superintendent
of Construction under rules and regulations adopted by him.
B.Â
The Board of Trustees may enforce obedience to this article
by injunction.
C.Â
Any person committing an offense against any provision
of this article 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 article shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.