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Village of East Rockaway, NY
Nassau County
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Table of Contents
Table of Contents
Code
New Laws (13) Index
[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.]
GENERAL REFERENCES
Building construction — See Ch. 101.
Garage sales — See Ch. 156.
Licenses and permits — See Ch. 187.
Zoning — See Ch. 288.
[1]
Editor's Note: This local law also repealed former Ch. 244, Signs, adopted as follows: Art. I, 5-26-1941 as § 173 of the General Ordinances, as amended; Art. II, 6-22-1959, as amended.
The purpose of this Article is to regulate existing and proposed signs in order to:
A. 
Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents.
B. 
Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.
C. 
Protect property values.
D. 
Create a more attractive economic business climate.
E. 
Enhance and protect East Rockaway's physical appearance and environment.
F. 
Preserve the scenic and natural beauty of the village.
G. 
Provide a more enjoyable and pleasing community.
As used in this Article, the following terms shall have the meanings indicated:
SIGN
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.
TEMPORARY SIGN
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents.
B. 
Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.
C. 
Protect property values.
D. 
Create a more attractive economic business climate.
E. 
Enhance and protect East Rockaway's physical appearance and environment
F. 
Preserve the scenic and natural beauty of the village.
G. 
Provide a more enjoyable and pleasing community.
As used in this Article, the following terms shall have the meanings indicated:
ANGLE SIGN
A sign that is erected other than parallel to a building and does not extend more than 12 inches from such building.
APPLICANT
The owner of the sign or signs.
BUILDING
A structure for which one certificate of occupancy has been issued by the Building Department of the Village of East Rockaway.
GROUND SIGN
A stationary structure fastened to or resting on the ground, used as a sign.
OWNER
The owner of the sign or signs, or the owner of the premises.
POLE SIGN
A structure composed of a pole attached to the ground, surmounted by a device used as a sign.
PORTABLE SIGN
A sign not attached to the ground or to any structure.
ROOF SIGN
A structure or device fastened or attached to the roof of a building and used as a sign.
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.
SIGN SIZE
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.
SUPERINTENDENT OF CONSTRUCTION
The head of the Building Department of the Village of East Rockaway.
TEMPORARY SIGN
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.
WALL SIGN
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. 
Signs advertising the sale or rental of residential premises on which the sign is placed, as permitted by Chapter 288, Zoning.
B. 
Professional nameplates as permitted by Chapter 288, Zoning.
C. 
A street, directional, danger or precautionary sign and traffic signs and any other sign erected or required by any governmental authority.
D. 
A notice or advertisement required by law in any legal proceeding.
E. 
Window lettering and interior signs.
F. 
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. 
Signs erected by special authority of the Village Board as provided for under § 244-28 hereof.
H. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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:
(1) 
Signs, whether free-swinging or rigid, extending over the sidewalk.
(2) 
Signs, heretofore erected or maintained on the front, side, rear walls or roof of a building, which do not advertise the business conducted on the premises and/or services rendered therein.
B. 
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. 
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. 
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. 
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. 
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. 
No sign shall hereafter be altered, enlarged, rebuilt, extended or relocated except in conformity with the provisions of this Article.
B. 
No smaller sign shall be hung or attached to any sign without first securing a permit.
C. 
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. 
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. 
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:
(1) 
Such signs are posted in accordance with the requirements of Subsection A of this section.
(2) 
Such temporary permits shall expire seven days after the day of election of candidates to which such temporary signs are related.
(3) 
No temporary sign shall exceed a maximum size of 32 square feet.
(4) 
In the Residential A and Residential B Districts, no temporary sign shall exceed a maximum size of 12 square feet.
(5) 
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.
C. 
Temporary sign permits issued pursuant to Subsection A or B of this section shall not be renewable, and no additional temporary sign permits for the same premises shall be issued within 60 days after the expiration date of the last such temporary sign permit.
D. 
Number permitted. Only one sign may be permitted for each 50 feet of frontage of the subject premises.
E. 
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. 
The business advertised thereon is a business located within the territorial limits of the Village of East Rockaway.
B. 
Such business or office is located in an area away from or removed from the main streets or highways of the Village.
C. 
Such sign is reasonably necessary for the guidance of customers, clients, tradespeople, truckers or others having business with such business or office.
D. 
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. 
The owner of the property upon which such sign is proposed to be erected has consented, in writing, to the erection thereof.
F. 
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. 
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. 
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. 
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. 
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. 
This article shall be enforced by the Superintendent of Construction under rules and regulations adopted by him.
B. 
The Board of Trustees may enforce obedience to this article by injunction.
C. 
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.