[HISTORY: Adopted by the Board of Trustees
of the Village of Hempstead 12-1-1981 by L.L. No. 30-1981. Amendments noted
where applicable.]
The following definitions shall apply to this
chapter:
A sign which depicts action or motion by flashing or otherwise,
requiring electrical energy, electronic or other source of supply.
Shall be considered the entire background area of the sign
and shall be computed by standard mathematical formulas for known
or common shapes. For irregular shapes, lighting devices, pennants,
banners, bunting or fluttering devices, the entire background area
shall be considered that area which is or would be encompassed within
the extremities of straight lines drawn closest to the extremities
of the shape or device. For signs having lettering and/or pictorial
matter on more than one face, the sum of the entire background areas
of each face shall be computed for determination of the required fee.
An unenclosed roof structure supported entirely by the building
to which it is attached.
[Amended 10-1-1991 by L.L. No. 15-1991]
Any lettering attached to or inscribed on an awning.
A freestanding unenclosed roofed structure which may be connected
to but not necessarily supported by the building or structure from
which it extends.
Any lettering attached to or inscribed on a canopy, or any
sign attached thereto.
Any sign which is suspended from or attached to and supported
by one or more columns, uprights or braces embedded vertically in
the ground and as to which neither the sign nor the supports thereof
are attached to or dependent on any building for support or bracing.
"Detached signs" shall not exceed 32 square feet in area on each face
and the top shall not be more than 30 feet above the adjacent ground
level.
Any sign which is located outdoors and is used for guidance,
instruction or direction.
Any sign having its opposite surface areas used in any manner
described under "sign" in this section.
To build, reletter, construct, alter, repair, display, relocate,
attach, hang, place, suspend, affix or maintain any sign.
That part of the exterior face of a building, the top of
which is more than three feet but not in excess of six feet above
the roof line of the building.
Any sign erected on a facade. "Facade signs" shall not:
A sign utilized by a religious, educational, fraternal, eleemosynary
or similar entity and containing only a designation of the name and
address of the occupant and a description of the services provided
therein.
A sign which is illuminated by an artificial source of light
and includes internally and externally lighted signs.
Any nonintermittent source of light, string or group of lights
located or arranged to cast illumination on a sign or which is used
to attract the attention of the public to the premises.
A permanent roofed structure which is either wholly or partially
supported by the building to which it is attached and projects over
public or private property.
Any sign which is attached to, inscribed on or constructed
upon a marquee.
A sign mounted upon a trailer-type steel chassis, not permanently
anchored to the ground and capable of being transported as a unit
over public roads and streets. A mobile sign may be designed to accommodate
changeable copy and may be illuminated. The maximum height from the
top of a mobile sign to the ground shall not exceed 10 feet. Such
a sign may be single- or double-faced, but the total sign area shall
not exceed 32 square feet per face.
At least three or more single-faced signs of the same size,
the vertical sides of which are substantially fastened to each other
to form a continuous sign area and securely mounted or affixed to
a pole or post which is embedded in the ground. The bottoms of such
signs shall be parallel to the ground and equidistant therefrom.
A sign used to designate an occupational use located on the
premises when such use is permitted by the applicable zoning regulations.
The wording on the sign shall be limited to the name, title, occupation,
location, telephone number, type of service and the time available
for such service by the named practitioner.
Any detached, double-faced, facade, mobile, multifaced or
wall sign of a temporary nature.
A sign which is affixed to a surface by the use of an adhesive.
Any sign which extends more than 12 inches horizontally from
an exterior wall of a building or structure to which it is attached.
Such sign and its supporting structure shall:
Not project more than 24 inches from the wall
and not extend into or above a public right-of-way.
Not be erected closer than eight feet to the
curbline.
Not extend above the roof line or top of the
parapet wall to which attached.
Have a minimum clearance of 10 feet above the
finished grade of a walk directly beneath and a minimum clearance
above a road or driveway of at least 18 feet.
Any sign which revolves about an axis.
Any sign which is painted on or is erected upon or above
a roof of a building, except a facade sign as defined elsewhere in
this section.
Any material, structure, device or any part thereof which
consists of lettered or pictorial matter when located outdoors or
on the exterior face of a building or on the inside or outside surface
of a window when used for display, advertisement, announcement, notice,
directional matter or name, and includes sign frames, posters, billboards,
signboards, painted wall signs, lighting devices, hanging signs, illuminated
signs, pennants, banners, bunting, fluttering devices, projecting
signs, ground signs or other signs as defined in this chapter and
also includes any announcement, declaration, demonstration, display,
illustration or insignia used to advertise or promote the interests
of any person or business or attract the attention of the public when
the same is placed or located within their view.
A single- or double-faced free-swinging sign not exceeding
12 square feet in area per face, suspended from an independent metal
frame whose base rests on the ground and provides the only support
for such sign.
A sign which is permitted to be used or erected for a limited
period of time pursuant to the provisions of this chapter.
Any single-faced sign which is attached to, incorporated
into or painted on any exterior wall of the premises, advertising
only the business products or services provided on the premises, when
such sign does not:
Exceed two square feet in area for each horizontal
foot of such wall, but in no event to exceed a total of 300 square
feet on all walls.
Exceed in length 90% of the horizontal measurement
of each occupant's wall space.
Project above any portion of the roof of the
building, except if such sign is attached to a parapet wall which
does not exceed three feet in height and the sign does not extend
above the top thereof.
Project more than 12 inches from such wall,
including any artificial lighting or reflectors connected thereto.
|
In calculating the permitted size of the wall
sign, the area of a facade shall not be included.
|
Any sign, material or barrier, whether placed on the interior
or exterior of a window, constructed of any kind of thickness, paint
or paint base material, including tinted windows, is prohibited when
such sign material or barrier exceeds the authorized 25% of the total
transparent area of any window within a commercial establishment.
A "window covering, barrier or sign" is defined as any material or
structure which obstructs pedestrian and/or vehicular traffic visibility
to the inside of a commercial establishment during the day and/or
night in excess of the permitted level.
[Added 4-6-2010 by L.L. No. 3-2010]
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. The total sign area shall not exceed
25% the area of such window. Signs on the exterior of windows shall
not be constructed of any readily destructible material.
[Amended 4-6-2010 by L.L. No. 3-2010]
No sign shall be permitted in any use district
except as provided in this chapter or as authorized by the Board of
Zoning Appeals.
The following signs shall be permitted in all
use districts, except those districts specifically excluded by this
section:
A.
Without a permit.
(1)
Occupational sign: one wall sign, not exceeding one
square foot in area, listing only the name and occupation of each
practitioner.
(2)
Identification sign: one wall sign and two single-or
double-faced detached signs, each not exceeding 24 square feet in
area.
(3)
Sale or rent sign: one wall sign, not exceeding one
square foot in area, advertising only the sale, lease or rental of
the premises upon which the sign is erected.
(4)
Name and address sign: one wall or one detached sign
denoting the name and/or address of each occupant of the premises,
when such sign does not exceed 24 square inches in area for each occupant.
(5)
Interior sign: only when located within a building
or structure and not visible from the exterior.
(6)
Information sign.
(a)
One wall sign and one single- or double-faced
detached sign for museums, libraries, schools or similar uses when
located on the premises thereof, or by governmental agencies when
displayed for the safety of the public or for public notices when
such notices are required by law.
(b)
One wall sign, not exceeding one square foot
in area designating the location or direction of public telephones,
drinking fountains or sanitary facilities.
(7)
Canopy sign. One row of lettering and/or numbers shall
be permitted on each of three sides and shall be limited to the designated
title of the premises and the street numbers. All lettering and/or
numbers shall be painted or applied directly to the sides or front
of the canopy, and no such lettering and/or numbers shall exceed eight
inches in height nor shall the bottoms of such lettering and/or numbers
be located more than two inches from the lowest part of the sides
or front of the canopy or their valances, if any, and such lettering
and/or numbers shall be parallel thereto. Lettering and/or numbers
shall not be located on any other part of such canopy. Such signs
shall not be permitted in Residence AAA, AA and A Districts.
(8)
Directional signs. One pair of wall signs or one pair
of single- or double-faced detached signs, per curb cut, none of which
exceeds two square feet in area per face, may be erected to indicate
the flow of vehicular traffic. The tops of such signs shall not exceed
a height of seven feet above the adjacent ground level, and such signs
shall have only the words ENTRANCE, EXIT, IN or OUT, as applicable,
imprinted thereon, except for an arrow indicating the direction of
travel. No part of any sign shall extend beyond the property line.
B.
Upon issuance of a permit.
(1)
Occupational sign.
(a)
If used by only one practitioner, it shall be
limited to one single- or double-faced detached sign not exceeding
four square feet in area per face, with the top of such sign not more
than six feet above the adjacent ground level.
(b)
If used by more than one practitioner, it shall
be limited to one single- or double-faced detached sign not exceeding
one square foot in area for each practitioner. However, the total
area of each face of such sign shall be limited to 10 square feet,
with the top of such sign not more than six feet above the adjacent
ground level.
(2)
Construction or occupancy sign. One temporary wall
sign or one temporary single- or double-faced detached sign not exceeding
20 square feet in area, or six square feet in area during construction
of a one-family dwelling, shall be permitted on the premises where
construction, repairs or renovations are in progress and shall display
only the name, profession, address and telephone number of the contractor,
builder, owner, rental agent, architect and engineer associated with
the project, name of future occupants and expected date of occupancy.
The sign shall be removed by the permittee upon issuance of a certificate
of occupancy or a certificate of approval for the project.
(3)
Sale or rent sign. Only one temporary single- or double-faced
detached sign or a wall sign not exceeding eight square feet in area
per face, or three square feet in area per face when located on a
one- or two-family dwelling, shall be permitted to advertise for sale,
rent, sold, rented or similar use the premises upon which the sign
is erected. No such sign shall be illuminated or set back less than
five feet from any property line, except on buildings set closer to
a property line, in which case the sign shall conform to the setback
of the building.
(4)
Identification sign. One wall sign or one single-or
double-faced detached sign, neither of which exceeds four square feet
in area per face, shall be permitted for each building. Such signs
shall not be permitted on premises occupied as one- and two-family
dwellings.
(5)
Directional signs. Where three or more residence buildings
are part of a complex of similar buildings, one single- or double-faced
detached sign not exceeding eight square feet in area per face shall
be permitted in a centrally located area on the premises, provided
such sign shall list only the name, number, location and direction
of each building in the complex for identification, but may include
a sketch of the physical location of each such building. Such signs
shall not be permitted on premises occupied as one- and two-family
dwellings.
The following signs are permitted in Business
A, B, C, Light Manufacturing and Industrial Districts, unless otherwise
stated:
A.
Without a permit.
(1)
Window sign.
(2)
Awning sign, canopy sign.
(a)
One sign for each premises shall be allowed,
provided only one row of lettering and/or numbers shall be permitted
on each of three sides and shall be limited to the name of the premises
and the address numbers.
(b)
All lettering and/or numbers shall be painted
or applied directly to the sides or front of the awning or canopy,
and no such lettering and/or numbers shall exceed eight inches in
height nor shall the bottoms of such lettering and/or numbers be located
more than two inches from the lowest parts thereof or their valances,
if any, and such lettering and/or numbers shall be parallel thereto.
Lettering and/or numbers shall not be permitted in any other location.
B.
Upon issuance of a permit.
(1)
Detached sign. One single- or double-faced detached
sign shall be permitted and shall advertise only the business, products
or services provided on the premises. Two such signs are permitted
where premises have an area exceeding 10,000 square feet or have frontage
on two or more public streets or parking fields.
(2)
Wall sign. Wall signs, not to exceed three in number,
shall be permitted for each occupant's space on any exterior wall
of such occupant's space, advertising only the business, products
or services provided in such occupant's space.
(3)
Directional sign: one single- or double-faced sign
not exceeding eight square feet in area, listing the name, location
and direction of any of the uses permitted. Such sign shall be located
only along private service roadways which afford access to the buildings
from public streets. Signs shall be positioned not closer than 100
feet to an intersecting roadway or walk.
(4)
Political signs shall be limited as per provisions
of this section governing similar type signs of a permanent nature.
(5)
Temporary sign. Signs of a temporary nature, such as pennants, banners, bunting or fluttering devices requiring permits, shall be permitted, provided they are used for on-premises promotional advertising, and shall be subject to the time limitations and fee requirements set forth in §§ 113-38 and 113-39 of this chapter. Such signs shall not be constructed of any readily destructible material.
(6)
Mobile sign.
(a)
Only one such sign shall be permitted on the
same premises.
(b)
Such signs shall advertise only the business,
product or specific sale or event associated with a business located
on such premises, except such a sign may be used for political advertising
only in Business, Light Manufacturing or Industrial Districts.
(c)
Such a sign shall not be located on the same
premises for a continuous period in excess of 30 days, nor shall the
intervening period between successive placement of this type of sign
on the same premises be less than 60 consecutive days. Political signs
shall be permitted only within the sixty-day period immediately preceding
the date of an election and shall also be permitted on premises containing
a multiple residence use.
(d)
The signs shall be removed from the premises
within 48 hours after the expiration date of the permit.
(7)
Marquee sign.
(a)
Subject to the written approval of the Village
Engineering Department, obtained in accordance with the requirements
of the Village Engineer, marquee signs may be permitted to extend
beyond the street line and across the sidewalk but not closer than
two feet to the curbline, provided the bottoms thereof are not less
than 10 feet above the curb level at all points.
(b)
Signs which are an integral part of or attached
to the vertical sides of a marquee shall not exceed the linear length
nor height of the vertical sides of such marquee.
(8)
Facade sign. In lieu of a wall sign, one facade sign
shall be permitted for each occupant on each exterior face of a building,
provided it is used solely for advertising only the business, products
or services provided in the occupant's space.
(9)
Identification sign. One wall sign or one single-or
double-faced detached sign, neither of which exceeds four square feet
in area per face, shall be permitted for each building.
(10)
Directional sign. Where three or more buildings are
part of the same complex, one single- or double-faced detached sign
not exceeding eight square feet in area per face shall be permitted
in a centrally located area on the premises, provided such sign shall
list only the name, number, location and direction of each building
in the complex for identification, but may include a sketch of the
physical location of each such building.
One single- or double-faced sign may be attached
or suspended from the soffit or ceiling of an arcade or covered mall
or attached to the face of a wall fronting thereon for each store
or establishment along its course. No permit shall be required if
such sign does not exceed six inches in vertical nor 18 inches in
horizontal dimension. All such signs must be: substantially secured
by brackets or chains; located directly in front of the entrance to
the establishment and perpendicular thereto; constructed of noncombustible
material or of opalescent material if internally illuminated and then
only by not more than a forty-watt bulb. The sign shall contain only
the name of the business, trade or establishment.
Only the following signs shall be permitted
on gasoline service station premises or in Business BG Zone:
A.
Without a permit.
(1)
Price signs. On each pump dispensing gasoline at retail,
there shall be affixed a single- or double-faced sign, not smaller
than seven inches in height and eight inches in width nor larger than
12 inches in height and 12 inches in width, listing the sales price,
including taxes and quality classification of the gasoline.
[Amended 10-18-1983 by L.L. No. 11-1983]
(2)
Name and address sign. One wall sign denoting the
name and/or address of the occupant of the premises when such sign
does not exceed 24 square inches for each occupant.
(3)
Window sign.
B.
Upon issuance of a permit.
(1)
Wall sign. One wall sign shall be permitted for each
tenant space on any exterior wall of such tenant space abutting a
public street or parking field, advertising only the business conducted
in such occupant's space.
(2)
Revolving sign. One revolving sign shall be permitted
on one street front, provided such frontage is not less than 100 feet,
the appropriate yard requirements pursuant to the zoning regulations
are maintained and the sign advertises only the brand of gasoline
sold on the premises. Each face of the sign shall not exceed 32 square
feet in area. The top of the sign above the adjacent ground level
shall not exceed in height the measurement taken from the center line
of the street fronting its location to the base of the sign. However,
the top of such sign shall not exceed a height of 30 feet, nor shall
the bottom of such sign be less than 12 feet above the adjacent ground
level. Superficial ornamentation, trim, column or column covers or
symbol type of appendages shall not be considered in determining height
if such item is not in excess of two feet. If in excess, the total
height shall include all ornamentation, trim or symbols. Only one
such sign shall be permitted at any gasoline service station.
(3)
Detached sign. One single- or double-faced sign shall
be permitted and shall advertise only the business, products or services
provided on the premises. Two such signs are permitted where premises
have an area exceeding 10,000 square feet or have frontage on two
or more public streets or parking fields. Only one detached sign may
be installed on premises containing a revolving sign.
(4)
Temporary sign. Signs of a temporary nature, such as pennants, banners, bunting or fluttering devices requiring permits, shall be permitted, provided they are used for on-premises promotional advertising, and shall be subject to the time limitations and fee requirements set forth in §§ 113-38 and 113-39 of this chapter. Such signs shall not be constructed of any readily destructible material.
(5)
Mobile sign. Only one such sign shall be permitted on the same premises. Copy shall be limited to advertising gasoline, oil or related products or services and the hours during which the gasoline station is open for business. The sign shall conform to the pertinent requirements of § 113-4B(6) of this chapter.
(6)
Price signs. Not more than one single- or double-faced
detached sign shall be permitted and shall advertise only the sales
price, including taxes and quality classification of the gasoline
or other motor fuel. Such signs shall not exceed 24 square feet in
area on any face and shall not be larger than six feet in height or
four feet in width. No sign shall project over any area that is used
for vehicular or pedestrian traffic. Signs must be approved by the
Superintendent of the Building Department.
[Added 10-18-1983 by L.L. No. 11-1983]
All detached, directional, professional and
revolving signs erected or used pursuant to this chapter shall comply
with the following requirements unless otherwise specifically stated.
No part of such sign shall be located:
No sign shall be erected or maintained on any
corner lot which may interfere with traffic visibility across the
corner.
The following provisions shall apply to all
signs:
A.
Each temporary sign permitted under this chapter shall
require a temporary sign permit, which shall be subject to the fee
and time limitation as prescribed by this chapter.
B.
All temporary sign permits, including those for pennants,
banners, bunting, fluttering devices, promotional devices or other
signs of similar character, shall be issued for a period not in excess
of 30 days, unless otherwise stated in this chapter.
C.
Upon expiration of the temporary sign permit, the
sign associated with such permit shall be removed immediately.
Signs shall not be attached to fences, trees,
utility poles or similar sign-supporting devices which do not meet
the requirements of this chapter, nor to vacant or unoccupied structures,
except those signs advertising the subject premises for sale or for
rent in accordance with other sections of this chapter, and 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.
Signs shall not be permitted in any district
which directly emit, radiate or reflect any beam, ray or glare away
from any lot or premises upon which such sign is erected or used or
which have flashing or intermittent illumination or changing degrees
of intensity or are animated.
Whenever a sign cannot be readily classified
under this chapter, the Superintendent of the Building Department
shall determine such classification for the purpose of applying the
use restrictions, fees, time limitations, etc., as may be required
for similar signs.
Any sign which is not permitted by this chapter
shall be subject to approval by the Board of Zoning Appeals upon appeal
of the denial of a permit by the Superintendent of the Building Department.
It shall be the responsibility of the property
owner and occupant to maintain any sign located thereon in good and
proper condition, structurally sound, neatly printed and otherwise
in complete accord with provisions of this chapter whether or not
said owner or occupant actually caused such sign or signs to be installed.
Signs erected prior to the effective date of
this chapter which heretofore could be legally maintained but which
are at variance with the provisions of this chapter as to size, height,
type or location shall be deemed to be legal nonconforming signs and
may continue to be maintained, provided same comply with the other
requirements of this chapter as to content and state of repair.
For aesthetic purposes, the following conditions
shall be reviewed and approved by the Superintendent of the Building
Department prior to issuance of a sign permit:
A.
To the extent possible, adjacent signs on the same
or adjoining buildings should be placed within the same horizontal
band, set as low as practical and be made of reasonably harmonious
materials and colors.
B.
Signs should contain minimal size of lettering and
number of words.
C.
Garish colors, lights or materials should be avoided.
Upon filing an application for a sign permit,
the applicant shall furnish plans, specifications and other pertinent
information required by the Superintendent of the Building Department.
No sign shall hereafter be displayed, erected,
altered, repaired, replaced or relocated until a sign permit as may
be required by this chapter has been issued by the Superintendent
of the Building Department. A separate permit shall be required for
each sign affected.
If a sign permit is in effect, the following
conditions shall not require a new or additional permit:
A.
Replacing or altering changeable copy on a theater
marquee and similar signs designed for use of changeable copy and
so designated in the permit.
B.
Changing of advertising copy or message on a painted
or printed sign only.
C.
Painting, cleaning, maintaining or making minor repairs
or replacements to existing parts, which are not considered structural
changes.
D.
Removal and replacement of window signs with different
copy, provided all other applicable conditions relative to the former
signs are adhered to.
No sign shall cover any required opening nor
hinder or prevent free and accessible ingress and egress to and from
any such required opening and any door, fire escape or stairway of
any building.
The erection, alteration, repair, replacement
or relocation of any sign for which a permit has been issued shall
commence within 30 days of issuance and shall be completed within
60 days of issuance of such permit. A sign permit shall be automatically
canceled if work does not commence or is not completed pursuant to
the foregoing time limitations.
Any sign erected pursuant to a permit shall
bear the current permit number or other identification prominently
and permanently affixed to a face thereof which is exposed to public
view.
Any sign permitted by this chapter shall also
be subject to the requirements of any other governmental agency having
jurisdiction.
Whenever a sign projects out, over or into a
sidewalk, parking area or mall, the lowest portion of such encroachment
shall be at least seven feet in height above such sidewalk, parking
area or mall except as otherwise stated in this chapter.
No object that is not an integral part of that
sign shall be attached to or suspended from any sign erected or maintained
pursuant to this chapter.
Any sign which no longer advertises the business then being conducted or the product then being sold or the service then being rendered on the premises, nor serves the purpose for which the permit was issued or for which the permit has expired, shall be removed pursuant to § 113-43.
Signs shall not be painted on the exterior wall
surface of any building or structure.
A.
Signs and their structural members shall be designed
and constructed to resist wind forces as specified in this section.
All bracing systems shall be designed and constructed to transfer
lateral forces to the foundations. As to signs on buildings, the dead
and lateral loads shall be transmitted through the structural frame
of the building to the ground in such manner as not to overstress
any of the elements thereof. The overturning moment produced from
lateral forces shall in no case exceed 2/3 of the dead-load-resisting
moment. Uplift due to overturning shall be adequately resisted by
proper anchorage to the ground or to the structural frame of the building.
The weight of earth superimposed over footings may be used in determining
the dead-load-resisting moment. Such earth shall be carefully placed
and thoroughly compacted.
B.
Signs and sign structures shall be designed and constructed
to resist wind forces as specified for buildings in the New York State
Building Code.
The supports for all signs and sign structures
shall be placed in or upon private property and shall be securely
built, constructed and erected in conformance with the requirements
of this chapter.
Materials used in the construction of signs
and sign structures shall be of the quality and grade as specified
for buildings in the New York State Building Code. Secondary members
in contact with or directly supporting the display surface may be
formed of galvanized light gauge steel. Such members when formed integrally
with the display surface shall be not less than No. 24 gauge in thickness,
and when not formed integrally with the display surface, shall be
No. 12 gauge minimum thickness.
A.
All signs and sign structures erected within the fire
limits shall have structural members of noncombustible material, except
that ground signs not more than 10 feet in height may contain such
structural members made of wood or other material approved by the
Superintendent of the Building Department.
B.
Facade signs, wall signs, projecting signs and all signs attached to or mounted on any building shall be constructed of noncombustible materials except as provided in § 113-32. No combustible materials other than approved plastics shall be used in the construction of electric signs.
C.
Temporary signs may be constructed of any suitable
material when approved by the Superintendent of the Building Department.
Nonstructural trim and portable display surfaces
may be constructed of wood, metal, approved plastics or any combination
thereof.
A.
Members supporting unbraced signs shall be so proportioned
that the bearing loads imposed on the soil in either direction, horizontal
or vertical, shall not exceed safe values. Braced ground signs shall
be anchored to resist the specified wind or seismic load acting in
any direction. Anchors and supports shall be designed for safe bearing
loads on the soil and for an effective resistance to pullout amounting
to a force of 33 1/3% greater than the required resistance to
overturning. Anchors and supports shall penetrate to a depth below
ground greater than that of the frost line.
B.
Portable ground signs supported by frames or posts
rigidly attached to the base shall be so proportioned that the weight
and size of the base will be adequate to resist the wind pressure
specified in this chapter.
C.
Signs attached to masonry, concrete or steel shall
be safely and securely fastened thereto by means of metal anchors,
bolts or approved expansion screws of sufficient size and anchorage
to safely support the loads applied. No wooden blocks, plugs or anchors
used in connection with screws or nails shall be considered proper
anchorage, except in the case of signs attached to wood framing.
Display surfaces in all types of signs may be
made of metal, glass or approved plastics.
Glass panels in signs shall meet the following
specifications:
|
Maximum Size of Exposed Glass
Panel
| |||
|---|---|---|---|
|
Any Dimension
(inches)
|
Area
(square inches)
|
Minimum Thickness of Glass
(inches)
|
Type of Glass
|
|
30
|
500
|
1/8
|
Plain, plate or wired
|
|
45
|
700
|
3/16
|
Plain, plate or wired
|
|
144
|
3,600
|
1/4
|
Plain, plate or wired
|
|
Over 144
|
Over 3,600
|
1/4
|
Wired bass
|
Prior to the issuance of a permit, the Superintendent
of the Building Department may require that sufficient technical data
be submitted to substantiate the proposed use of any plastic material.
All electrical fixtures, motors, receptacles,
wiring or other devices or appurtenances used for the illumination
or operation of signs shall be of a type approved by the Superintendent
of the Building Department and shall be installed in accordance with
the requirements of the National Electrical Code, under a separate
electrical permit issued to an electrician licensed by the Village
of Hempstead.
A.
The following fees shall apply to all signs requiring
permits:
(1)
No sign permitted pursuant to this chapter shall be
erected or maintained until a permit is issued by the Superintendent
of the Building Department, subject to the payment of a fee in the
amount of $0.75 per square foot or fraction thereof for each face
of the sign. The minimum fee for each sign requiring a permit shall
be $25.
[Amended 5-16-1995 by L.L. No. 3-1995]
Permits for temporary signs shall be required
for signs indicating approved construction and designations of future
occupancies. Such signs shall be removed upon issuance of a certificate
of occupancy or a certificate of approval for the project. Such temporary
sign permits shall expire not later than one year from the date of
issuance.
Permits for temporary signs issued for other
than construction and occupancy signs shall expire not later than
40 days from the date of issuance or such other time as may be elsewhere
provided in this chapter.
All signs shall be maintained in a safe condition
which presents no threat to the public health or safety and in a clean
manner, neatly painted and free from any hazard, including but not
limited to faulty wiring and loose or defective fastenings.
If any sign is erected, installed or maintained in violation of any provision of this chapter, the Superintendent of the Building Department shall notify by certified mail the owner or occupant of the premises upon which such sign is located, to 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 10 days from the date the notice is sent, the sign permit presently in effect shall be automatically revoked and the Superintendent of the Building Department shall determine such sign to be an unlawful sign and removal thereof shall be made pursuant to the applicable provisions of § 113-43 of this chapter.
A.
Regardless of any other penalty otherwise prescribed
in the Code of the Village of Hempstead for an infraction of any provision
therein, any sign which is not in compliance with the provisions of
this chapter or for which a sign permit has been revoked or expired
shall be removed by the owner or occupant of the premises upon which
such sign is located within 10 days after the date on which the notice
is sent, unless otherwise stipulated in such notice.
B.
In the event that the person receiving the notice
of violation shall refuse or fail to correct the condition complained
of within the time limitation set forth in the notice of violation
or, if there be none, within a reasonable time, then, in addition
to any other remedy or penalty pursuant to the provisions of this
Code, the Village may cause the appropriate work, repair or correction
to be made, and the expense thereby incurred shall be a lien upon
the real property affected and the amount so assessed and levied shall
be collected in the same manner as other taxes.
C.
In addition to any penalty set forth in this Code,
the Village shall have the power to institute mandamus, injunction
and other proceedings or civil actions in any court of competent jurisdiction
against persons violating the provisions of this chapter. Persons
found to be in violation of the provisions of this chapter in such
civil actions or proceedings shall be liable for damages, including
the legal and other costs and fees resulting from or attendant upon
such actions or proceedings.
A.
Clearance. No person shall erect, hang or permit or
allow to be erected any awning upon any building which shall project
over or upon any street. An awning may project over a sidewalk or
public place, provided same shall be at least seven feet above the
sidewalk or public place and shall otherwise comply with all applicable
laws. In no event shall an awning project more than six feet from
a building or be within two feet of a vehicular traffic or parking
aisle.
B.
Materials and lettering. All awnings shall be constructed
of metal frames. The top of the awning shall be constructed of canvas
or other suitable material. No lettering or other advertising material
other than the name of the occupant of the abutting building shall
be permitted on any awning, and such name shall be placed only upon
the valance of the awning.
[Amended 10-1-1991 by L.L. No. 15-1991]
Marquees are hereby prohibited except when accessory
to a theater, hotel or hospital. Any marquee shall be constructed
in accordance with the regulations of the New York State Building
Code.
A.
Canopies shall be permitted only over private property
and are to be constructed of metal frames with a covering of suitable
material as may be approved by the Superintendent of the Building
Department. Such canopy shall be at least seven feet above the sidewalk
or adjacent grade.
B.
Canopies that extend over any public sidewalk, street
or right-of-way shall be permitted only when granted by the Board
of Zoning Appeals.
No banners shall be erected or maintained across
any public street or sidewalk. Nothing herein shall be construed as
restricting the reasonable and proper display of the American flag.
