Village of Atlantic Beach, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 12-4-1968. Amendments noted where applicable.]
[Added 12-11-1978 by L.L. No. 1-1978]
As used in this chapter, the following terms shall have the meanings indicated.
AWNING
An unenclosed rooflike structure supported entirely by the commercial building to which it is attached and which may be of a stationary or retractable type.
[Added 11-8-1999 by L.L. No. 2-1999]
AWNING SIGN
Any lettering and/or numbers sewn, attached, painted, inscribed or otherwise directly applied on an awning.
[Added 11-8-1999 by L.L. No. 2-1999]
CANOPY
A permanent rooflike shelter or shade attached to a building or on freestanding supports, or both.
[Added 11-8-1999 by L.L. No. 2-1999]
DROP AWNING
A retractable awning.
[Added 11-8-1999 by L.L. No. 2-1999]
WINDOW SIGN
A sign which is either temporarily or permanently attached or affixed to the interior or exterior surface of a display window and is used for advertisement, announcement, or notice, directional matter, company name or trade name which is relative to the business, products or services provided.
[Added 5-11-1998]
All sign fabrication, erection and attachment shall conform to the requirements of the latest edition of the New York Stte Uniform Fire Prevention and Building Code and other applicable codes and regulations.
[Amended 10-20-1986 by L.L. No. 3-1986]
A. 
No billboards, signs, sandwich signs, flashing signs, rotating signs, neon signs, movable signs, illuminating signs, spot light signs or other sign devices shall be erected, constructed or used on any public highway, street, private road, public or private lot or house, store or building, whether permanent or temporary, except as provided in this chapter or as authorized by the Village Board of Trustees.
B. 
No rooftop and drop awning signs shall be erected or maintained on commercial establishments.
[Added 11-8-1999 by L.L. No. 2-1999]
A. 
The following signs are permitted in the Village of Atlantic Beach without a permit: professional, such as doctor, dentist, lawyer, architect, accountant; or "for sale" or "rent."
B. 
All signs permitted by Subsection A shall be erected and maintained not less than 10 feet from any property line.
C. 
Professional signs shall not be larger than two square feet in area bearing the name and profession of the resident practitioner.
D. 
"For sale" or "for rent" signs shall not be larger than four square feet in area advertising only the property on which it is placed.
[1]
Editor's Note: Former § 185-3.1, Political signs, added 11-14-2011 by L.L. No. 2-2011, was repealed 8-12-2013 by L.L. No. 2-2013.
[Added 11-14-2011 by L.L. No. 2-2011]
Signs shall not be attached to fences, trees, utility poles or similar sign-supported devices, or to vacant or unoccupied structures. Signs shall not be located so as to obstruct the vision of pedestrians or vehicle operators or create a hazard or disturbance to the health and welfare of the general public.
A. 
The following signs are permitted but require a permit issued by the Village Clerk by direction of the Board of Trustees.
(1) 
Detached or ground signs.
(2) 
Wall signs.
(3) 
Gas filling stations and garage signs.
(4) 
Development and directional signs.
(5) 
Window signs.
[Added 12-11-1978 by L.L. No. 1-1978]
(6) 
Awnings and/or awning signs.
[Added 11-8-1999 by L.L. No. 2-1999]
(7) 
Canopy signs.
[Added 11-8-1999 by L.L. No. 2-1999]
B. 
All signs permitted by Subsection A shall be erected and maintained pursuant to the following regulations and limitations:
(1) 
Detached or ground signs. One sign, not larger than 12 square feet and not exceeding three feet in height, advertising only the business conducted on the premises on which erected and only when detached from any building or structure, and provided the same advertises only the products or services sold on the premises.
(2) 
Wall signs. One sign, attached to or incorporated in each building wall on a public street and advertising only the business conducted in such buildings, when such sign does not exceed in area 16 square feet and does not project above the portion of the roof on which such sign is located, and does not project more than one foot from such wall.
(3) 
Gas filling stations and garage signs. A gas filling station and garage shall not be permitted to have more than one sign not exceeding 12 square feet in area, suspended from or attached to one pole or post embedded in the ground, provided the highest part of said sign shall not be more than 12 feet above the ground and provided the same advertises only the products or services sold on the premises. All signs erected pursuant to this subsection shall set back not less than five feet from any property line when erected.
(4) 
Directional and development signs.
(a) 
No development or directional sign shall be allowed to be erected on any property within the Village of Atlantic Beach advertising a development or property outside the Village of Atlantic Beach.
(b) 
Any directional or development sign advertising property within the Village of Atlantic Beach shall not exceed more than 12 square feet in area, and shall advertise only the name and direction of such development and shall not be maintained for more than a six-month period and conditioned upon the filing of a surety bond in the sum of $100 guaranteeing the removal of said sign; provided, however, that the applicant shall file with the Village Clerk the written consent of the owner of the real property upon which such sign shall be placed.
(c) 
All signs erected under this section shall comply with the following setback requirements, not less than 10 feet from any property line and upon the payment of a fee as set forth, from time to time, by resolution of the Board of Trustees,[1] and such sign shall at all times bear the permit number prominently and permanently affixed on the face thereof. Failure to so affix the permit number shall constitute cause for revocation of the permit in addition to any other penalties or remedies prescribed by this chapter.
[Amended at 2-9-1998 by L.L. No. 1-1998]
[1]
Editor's Note: The current fee schedule is on file in the Village offices.
(5) 
Window signs. The total sign area shall not exceed 1/4 the area of such window unless otherwise stated in this Article. Window signs shall require a permit but need not comply with setback requirements.
[Added 12-11-1978 by L.L. No. 1-1978]
(6) 
Awnings.
[Added 11-8-1999 by L.L. No. 2-1999]
(a) 
Fixed awning construction. The framework for fixed awnings shall not be less than 10 feet above the sidewalk.
(b) 
The awning shall be constructed so that the projection outwards to height against the building ratio shall not exceed a ratio of one to two and cannot be more than 90% of the front of the building length.
(c) 
No more than one fixed awning sign shall be allowed on each premises.
(d) 
Lettering.
[1] 
Such sign shall:
[a] 
Consist of one row of letters or numbers on the front side of the awning.
[b] 
Be limited to the name of the premises and its street address.
[2] 
The letters and numbers shall be painted, sewn, inscribed or attached directly to the front of the awning.
[3] 
Individual lettering and/or numbers shall not exceed 18 inches in overall height, with the bottom of each letter and/or number situated within two inches of the lowest edge of the awning or its valance, if any, and parallel to such edge or valance. Lettering and/or numbering shall not be permitted on any other part of the awning.
(e) 
A fixed awning sign is not permitted on the same facade of a building onto which a wall sign is attached. A fixed awning sign is permitted, upon compliance with this chapter, after the removal of any wall signs that are on the facade to which the awning sign is to be attached. A facade of a building may not have both a wall sign and a fixed awning sign at the same time.
(f) 
Every awning must be constructed so that it may be detached from the supporting building, and every awning is subject to removal by its owner upon notice by the Board of Trustees.
(g) 
If a business leaves the premises, the owner of the building shall be responsible for the removal of any business sign from said premises.
(h) 
No more than three colors or shades of color, including the lettering and/or numbering, may be used on any awning or awning sign.
[Amended 12-12-1973]
A. 
No sign for which a permit is required shall be erected unless and until the payment of a fee as set forth, from time to time, by resolution of the Board of Trustees.[1] All such signs shall at all times bear the assigned permit number prominently and permanently affixed on the face thereof. Failure to so affix the permit number shall constitute cause for revocation of the permit by the Building Inspector, in addition to any other penalties or remedies prescribed by law.
[Amended 2-9-1998 by L.L. No. 1-1998]
[1]
Editor's Note: The current fee schedule is on file in the Village offices.
B. 
All sign permits shall terminate one year from the date of issuance and shall be renewable if in compliance with this chapter upon payment of the required annual permit fee.[2]
[2]
Editor's Note: Former Section 5-b, regarding existing signs, which immediately followed this subsection, was deleted 2-9-1998 by L.L. No. 1-1998.
C. 
The fee shall constitute a lien charge on the real property on which it is levied until paid or otherwise satisfied or discharged, and such charge shall be collected in the same manner and at the same time as other Village charges.
[Added 11-8-1999 by L.L. No. 2-1999]
[Amended 12-12-1973]
A. 
No illuminated sign shall be erected, constructed, situated or maintained as shall interfere with the health, safety or welfare of any property owner or resident and shall not be illuminated, moving, rotating or flashing beyond the hour of 11:00 p.m. and shall not exceed the dimensions set forth in any of the sections of this chapter. Signs illuminated by electricity or equipped in any way with electric devices or appliances shall conform, with respect to wiring and appliances, to the New York State Fire Prevention and Building Code and the National Electrical Code.
[Amended 10-20-1986 by L.L. No. 3-1986; 11-8-1999 by L.L. No. 2-1999]
B. 
All swinging signs attached to a building are prohibited.
[Amended 11-8-1999 by L.L. No. 2-1999]
C. 
No sign shall be erected or maintained on any corner lot at intersecting streets which may interfere with traffic visibility across the corner, nor shall such sign or any portion thereof project out over or into a sidewalk or parking area.
[Added 12-11-1978 by L.L. No. 1-1978]
D. 
Signs shall not be attached to fences, trees, utility poles or similar supporting devices, nor to vacant or unoccupied structures, or located so as to obstruct the vision of pedestrians or vehicle traffic or create a hazard or disturbance to the health and welfare of the general public or shall not be painted on the exterior wall surface on any building or structure.
[Added 12-11-1978 by L.L. No. 1-1978]
E. 
Awnings, canopies, signs, etc., existing at the time of the adoption of this chapter are hereby declared to be nonconforming (except signs that have a valid VAB permit). These may remain until such time as the canvas, sign or canopy covering is replaced, and at such time the new canvas, sign or canopy covering must be in conformity with this chapter.
[Added 12-11-1978 by L.L. No. 1-1978; amended 11-8-1999 by L.L. No. 2-1999]
F. 
If any sign is erected, installed or maintained in violation of any provision of this chapter, the Village Board of Trustees shall notify, by certified mail, the owner, lessee, tenant or occupant, upon which such sign is located, to remove or alter such sign to comply with this chapter and/or secure the necessary permit or remove the sign. If such order is not complied with within five days from the date of receipt of the notification, any sign permit presently in effect shall be revoked and the Village Board of Trustees shall determine such sign as an "illegal sign" and removal thereof shall be made pursuant to this chapter.
[Added 12-11-1978 by L.L. No. 1-1978; amended 11-8-1999 by L.L. No. 2-1999]
G. 
Any sign which is not in compliance with provisions of this chapter, or for which a sign permit has been revoked or expired shall be removed by the owner, lessee, tenant or occupant of the property upon which such sign is located within 20 days after date of the notice, unless otherwise stipulated in such notice.
[Added 12-11-1978 by L.L. No. 1-1978]
H. 
No signs and/or awnings shall be placed so as to obstruct or interfere with a required doorway or other required means of egress.
[Added 11-8-1999 by L.L. No. 2-1999]
[Amended 11-14-1973; 2-9-1998 by L.L. No. 1-1998]
Any person or corporation who shall violate any of the provisions of this chapter, or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter or use any building or land in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor, punishable by a fine not exceeding $500 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional violation. The owner or owners or lessee of any building or premises, or part thereof, where anything in violation of this chapter shall be placed, or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, and who have assisted in the commission of any such violation, shall each be guilty of a separate offense and upon conviction thereof, shall be fined as herein provided.