Village of Rockville Centre, NY Article I Signs

[Adopted 12-13-1982 by L.L. No. 5-1982]

§ 335-1 Legislative intent.

A. The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs, outdoor signs of all types and interior window signs. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended to reduce sign clutter or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space and curb the deterioration of natural beauty and community environment.

B. The provisions of this article shall govern the construction, erection, alteration, repair and maintenance of all signs together with their appurtenant and auxiliary devices.

§ 335-2 Definitions.

As used in this article, the following words and phrases shall have the following meanings:

ACCESSORY SIGN

Any sign related to a business or profession conducted upon or to a commodity or service sold or offered upon or from the premises where such sign is located.

ANIMATED SIGN

Any sign which is designed and constructed to give its message through a sequence of progressive changes of parts (including sequins or similar devices) or lights or degree of reflection or lighting, excluding time and temperature signs.

APPLICANT

A person making an application for a permit for a sign or signs.

AWNING

A roof-like retractable covering of fabric, cloth or other material with or without a frame and attached to or supported from a building.

BANNER

A piece of fabric, cloth or other material bearing an advertisement, design, motto, greeting or slogan hung with no other backing, and used for the purpose of attracting attention or as part of an advertising display.

BILLBOARD

Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon or from the premises where such sign is located; or bearing a noncommercial message of an owner who does not conduct a business or profession at the location of said sign.

BUSINESS DISTRICTS

BUSINESS DISTRICTS

Areas located wholly or partly within the following use districts, as defined in Chapter 340 of this Code:

[Amended 3-18-2021 by L.L. No. 3-2021]

A. Business AAA.

B. Business AA.

C. Business A.

D. Business A-1.

E. Business B.

F. Urban Renewal Commercial or Light Manufacturing A.

G. Urban Renewal Recreational and Limited Commercial.

ERECT

To build, construct, alter, display, relocate, attach, hang, place, suspend or affix any sign.

FEATHER SIGN, FEATHER BANNER, or FEATHER BANNER SIGN

A flexible or rigid pole to which one side of a flexible fabric, generally in the shape of a feather or similar shape, is attached, and which is used for the primary purpose of advertising or attention-getting by the public display of visually communicative images. Such banners are also known and sold under names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," "teardrop banners," and others. The definition includes functionally similar display devices."

[Added 3-18-2021 by L.L. No. 3-2021]

FREESTANDING SIGN

A sign supported by uprights or braces in or upon the ground and not attached to any part of a building.

FACE OF BUILDING

The outer surface of a building which is visible from any private or public street, highway or public parking field.

[1]

INTERIOR SIGN

Any sign located on the inside of a window or within three feet of the inside of a display window or other opening in a building or other enclosed structure which is visible from the exterior through such window or other opening intended to attract the attention of the public. This term does not include merchandise located in a window.

LIGHTING DEVICE

Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.

MANSARD ROOF

A roof having two slopes on all sides, the lower one being steeper than the upper one.

MARQUEE SIGN

A sign attached to a marquee, canopy or other covering structure (other than an awning) projecting from and supported by the building.

NEON BORDER TUBING

A cylindrical body of metal, glass or other material, containing neon or similar gas(es) used for illuminating the borders of windows, doors, facades or other design elements.

[Added 3-18-2021 by L.L. No. 3-2021]

NEON SIGN

A sign or display of lighting or decoration which uses neon or similar gas(es) for illumination.

[Added 3-18-2021 by L.L. No. 3-2021]

OWNER

Person that owns the sign or signs.

PENNANT

Any long, narrow, usually triangular flag, fabric, streamer cloth or other material. As used in this definition, the word "pennant" shall include any materials commonly known as "pennants" used in association with automobile dealerships.

[Added 1-21-1985 by L.L. No. 3-1985]

PERSON

Any person, firm, partnership, association, corporation, company, institution or organization of any kind.

PORTABLE SIGN

A sign not attached to the ground or to any permanent structure. This includes A-frame- and sandwich-board-type signs.

POLITICAL SIGN

Any sign which indicates the name, cause or affiliation of anyone seeking public office, or which indicates any issue for which a public election is scheduled to be held.

POLE SIGN

A freestanding sign supported by a single pole without guys, braces or other supporting framework.

PROJECTING SIGN

A sign designed to project beyond any face of a building and perpendicular to it.

RESIDENTIAL DISTRICTS

Areas not within a business district as defined herein.

ROOF SIGN

A sign which is erected, constructed or maintained on, above or as part of the roof of any building. This includes signs on any portion of a mansard roof but shall not include wall signs attached to a parapet.

SIGN

Any message attached to any structure or part thereof or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. The word "sign" includes the words billboard, freestanding sign, interior sign, as well as any message, neon tube or string, group or arrangement of lights, or other device, material hung, outlining, painted upon or attached to part of a building or lot, but does not include flag, pennant or insignia of any nation, state, city or other governmental unit.

SIGN AREA

The area of a sign to be measured as follows:

A. Where such sign is on a plate, within a frame or is outlined, all of the area of such plate or area within such frame or outline shall be included.

B. Where the sign consists of individual letters, designs, figures or symbols engraved, painted or in any way placed, affixed or attached to any part of the exterior of a building or structure or any part thereof, the area shall be considered to be that of the smallest geometric shape which encompasses all of the letters, designs, figures or symbols.

SIGN, ILLUMINATED

Any sign, including but not limited to neon signs, in or upon which an artificial light source is utilized in order to illuminate the information and/or graphics of the sign. An illuminated sign includes each of the following types:

[Amended 3-3-2022 by L.L. No. 1-2022]

A. Self-illuminated.

(1) Type A: direct source, wherein the light source itself is shaped and utilized to form the sign (e.g., neon tubing or an array of individual lamps).

(2) Type B: interior illumination, wherein a translucent, transparent, or opaque material which forms the sign is backlit by the light source, and the light source is enclosed so as not to be visible to direct view.

B. Externally illuminated.

(1) Direct external illumination, whereby the sign is illuminated by a light source placed in a manner so as to cast light upon the sign from a source other than in the interior of the sign.

(2) Indirect external illumination, whereby the sign, whether on an opaque, transparent or translucent panel or applied to a window or other surface of the business establishment, is illuminated by ambient light.

SUPERINTENDENT

Superintendent of Buildings of the Village of Rockville Centre.

SURFBOARD SIGN

A structure or combination of materials which constitutes a sign pursuant to the definition of "sign" in this Code, from which any materials or structure other than a permitted support structure extend or protrude from the principal plane of the sign more than 12 inches.

[Added 12-3-2012 by L.L. No. 6-2012]

TEMPORARY SIGN

A sign 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 a limited period.

TRAILER SIGN

Any sign mounted on a vehicle normally licensed by the State of New York or other state as a trailer and used for advertising or promotional purposes.

WALL SIGN

A sign which is placed, affixed or attached to a building and is parallel to the face of the building and does not extend higher than the lowest elevation of the roof; provided, however, that wall signs attached to a parapet may extend not more than four feet higher than the lowest elevation of the roof.

[1] Editor's Note: Former definition of "illuminated sign," which immediately followed this definition, was repealed 3-3-2022 by L.L. No. 1-2022.

§ 335-3 Exemptions.

The following signs shall be exempt from the provisions of this chapter except as may be expressly regulated elsewhere in this article:

A. Construction signs. One construction sign per construction project not exceeding eight square feet in sign area in residential districts or 32 square feet in business districts, provided that such signs shall be erected no more than 30 days prior to the beginning of construction for which a building permit has been issued, shall be confined to the site of construction, and shall be removed within 30 days after completion of construction and prior to the issuance of a certificate of occupancy.

B. Home improvement contractor signs limited to a maximum of six square feet on any individual property, provided that the sign is displayed only during the actual project.

C. Directional or instructional signs. Signs which provide direction or instruction and are located entirely on the property to which they pertain and do not exceed four square feet in area; signs identifying rest rooms, public telephones, walkways, or signs providing direction, such as parking lot entrances and exits and those of a similar nature, provided that there is no advertising on said sign.

D. The flags, emblems or insignia of any nation, governmental subdivision, educational, religious or fraternal organization or not-for-profit corporation.

[Amended 3-18-2021 by L.L. No. 3-2021]

E. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety which are erected by or on the order of a public officer in the performance of his public duty.

F. Holiday decoration signs of a primarily decorative nature, clearly incidental and customary and commonly associated with any national, local or religious holidays. Said signs shall not be erected more than 90 days prior to the holiday and shall be removed within 30 days after the holiday.

G. Residential name plates.

H. Professional identification sign.

I. Signs located within the interior of any building or within an enclosed lobby or court of any building, and signs for and located within the inner or outer lobby, court or entrance of any theater not intended for view from outside the structure. Such signs shall comply with the structural, electrical and material specifications as set forth in this article.

J. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material.

K. Notice bulletin boards not over 32 square feet in area for public, charitable, religious or nonprofit medical or educational institutions where the same are located on the premises of said institution.

L. Plaques or nameplate signs not more than four square feet in area which are fastened directly to the building.

M. Official notices posted by public officers or employees in the performance of the duties, including any notice or advertisement required by law in any legal proceeding.

N. Real estate signs. Said signs shall not be illuminated and shall be removed within seven days after sale, rental or lease has been effectuated.

O. Symbols or insignia. Religious symbols, commemorative plaques of recognized historical agencies or identification emblems of religious organizations, fraternal organizations or historical agencies.

P. Signs warning the public of the existence of danger to be removed upon the elimination of the danger. Said signs shall not contain any advertising material but may contain information identifying the person who erected said sign.

Q. Barber pole limited to eight feet in height from the ground.

R. Sign indicating hours of business, not exceeding three square feet may be posted on the window surface on a permanent basis and shall not be counted toward maximum permitted signage.

S. Time and temperature signs limited to 12 square feet per side and containing no advertising material.[1]

[1] Editor's Note: Former Subsection T, regarding illuminated signs, which immediately followed and was added 3-18-2021 by L.L. No. 3-2021, was repealed 3-3-2022 by L.L. No. 1-2022.

§ 335-4 Prohibitions.

[Amended 1-21-1985 by L.L. No. 3-1985; 5-5-1986 by L.L. No. 3-1986; 12-3-2012 by L.L. No. 6-2012; 2-4-2015 by L.L. No. 3-2015]

Notwithstanding any other provisions of this article, the following signs are prohibited:

A. A-frame signs, sandwich-board sidewalk or curb signs which create sidewalk obstruction, or similar signs worn or borne by any person.

B. Trailer signs.

C. Signs painted directly on a wall.

D. Animated and moving signs, except for time and temperature signs.

E. Banners, except as provided in § 335-7D.

F. Billboards.

G. Pennants shall not be permitted, maintained, used or displayed on or after January 1, 2023, Until January 1, 2023, pennants shall be permitted only under the following conditions:

[Amended 3-18-2021 by L.L. No. 3-2021]

(1) Pennants are confined within the lot lines of the premises or business they are advertising or promoting.

(2) The exterior or perimeter poles to which the pennants are affixed or strung are a minimum of 35 feet apart.

(3) Pennants may only be affixed or strung between exterior or perimeter poles and a center or interior pole.

(4) No pennant may be affixed or strung, or maintained, between exterior or perimeter poles.

(5) The pennants shall be properly maintained in a clean, safe, and physically intact condition.

(6) The pennant was lawfully in exterior use on the premises on or before March 1, 2021.

(7) All pennants shall be removed on or before January 1, 2023.

H. Surfboard signs.

§ 335-5 Business districts.

A. General size and area.

(1) No sign or combination of signs for any single use on or in a structure in a business district shall exceed an area equal to three square feet for each foot of linear length of the street frontage of the structure in which such use is located or a maximum of 75 square feet, whichever is less. No such sign shall have a height greater than three feet. In computing the permitted sign area for a premises the area of permanent interior signs greater than 10 square feet shall be added to the area of any exterior signs in computing the permitted square footage of signs for a building. Where a single use occupies a building with a street frontage greater than 75 feet, the permitted sign area shall be increased one square foot for each linear foot of frontage over 75 feet up to a maximum of 110 square feet of permitted sign area. Where there are two or more occupants occupying a portion of the first floor frontage of a building, each such occupant shall be entitled to a sign based upon that portion of the frontage so occupied.

(2) Where multiple occupants share a common sign, the maximum sign area shall be limited as if there were a single occupant of the building or portion of the building occupied by those sharing the sign. Where a building has a rear entrance open to the public on a public way or municipal parking field or private parking area that is available for public use, one wall sign shall be permitted on said rear wall. The permitted area of said sign shall be computed in the same manner as signs on the primary frontage. Where a building is on a corner and a single use occupies both frontages, signs may be permitted on each frontage in accordance with the amount of signage permitted for each frontage.

B. Wall signs.

(1) Wall signs shall be attached to the face of the building in a plane parallel to such face, and shall not extend nor project more than 12 inches over the sidewalk, street or highway, and shall not extend higher than the parapet in the case of a one-story building. In the case of buildings higher than one story, wall signs shall not extend above the sill of any windows of the second story or more than 15 feet above the outside grade, whichever is lower, except as provided for herein.

(2) Wall signs shall be permitted on floors above the first story of a building, provided that:

(a) The business displaying the sign is not on the ground floor.

(b) Sign area shall not exceed 24 square feet and a maximum height of two feet.

(3) Signage on upper floors above the second floor shall be permitted, provided that:

(a) Said sign shall be inside a window.

(b) Said sign shall not cover more than 20% of the window area.

(4) Wall signs shall not cover any part of a wall opening, including doors, fire escapes and windows, nor project or extend beyond any end of the wall to which it is attached.

(5) One wall sign not exceeding 30 square feet for each street frontage shall be permitted on manufacturing or other uses not selling to or serving retail customers.

(6) A wall sign shall not be placed or constructed on the same face of a building as a fixed awning sign, per § 96-5D of this Code.

[Added 5-20-1991 by L.L. No. 4-1991]

C. Marquee signs. Theaters, playhouses and other culturally oriented performing arts establishments shall be permitted one marquee, the length of which shall not be longer than the front of the building in which such establishment is located. Said marquee shall not extend out from the building line further than a point two feet back of the street curbline in front of the building and the maximum height shall not exceed five feet. No sign shall be permitted on any marquee, other than signs built into and forming a part of the structure of the marquee which signs shall not exceed the height of four feet and shall not extend beyond the edge of the marquee. Changeable sign copy may be included as part of the built-in signage permit on the marquee. The area of any sign on a marquee shall not be considered in computing permitted sign for the entire structure.

D. Permanent interior signs.

(1) In no case shall a permanent interior sign cover more than 30% of the window area, provided that if there are more than 150 square feet of window area, said interior sign shall be limited to no more than 15% of the window area.

(2) Eighty percent of permanent interior signage exceeding 10 square feet in area shall be counted as part of the maximum sign area permitted for a particular use.

E. Freestanding signs. Freestanding signs shall be permitted only in business districts (except as indicated in § 335-8C), provided that the building or use served by the sign is set back at least 10 feet from the front property line. Only one such sign shall be permitted for any building and shall be set back so that no part of such sign extends beyond the property line of the lot on which the building is located. The top of such sign shall be no higher than 15 feet from the ground. Such sign may have two faces, each of which may contain advertising. Such sign shall not contain more than 24 square feet per face. The location and illumination of such sign shall not block the view of or otherwise interfere with official traffic signs and signals.

F. Roof signs. Roof signs shall be permitted only on those buildings within business districts in accordance with the following conditions:

(1) Only one such sign shall be permitted on any building, provided that such sign may contain two faces.

(2) The top of such sign shall not be more than 12 feet above the lowest elevation of the roof.

(3) The area of such sign shall not exceed 32 square feet per sign face.

(4) Such signs shall be set back a minimum of three feet from the exterior wall of the building on which the sign is located. Where roof parapets exist, a roof sign shall be set back a minimum of three feet from the rear of all roof parapet walls.

(5) Roof signs shall have a clear space of a minimum of three feet and a maximum of five feet between the bottom of the sign and the roof below the sign or the top of the parapet wall, whichever is higher. In no event shall the top of such sign be more than 12 feet above the lowest elevation of the roof.

(6) All such roof signs shall be designed to withstand a minimum horizontal wind pressure as shown in the following table, applied to the projected specified area, allowing for wind from any direction.

		Height From Ground to Top of Sign (feet)	Wind Pressure (pounds per square feet)
		Solid Signs	Open Signs
	Up to 30	25	15
	31 through 50	35	25
	51 through 99	42	30
	100 through 199	49	35

(7) All roof signs shall be designed according to general accepted engineering practice to withstand wind pressure as specified in Subsection E(6). The loads shall be distributed to the structural members of the building in such a way that these members will not be overstressed.

(8) The seal and certification of a professional engineer or registered architect licensed by the State of New York must be affixed to design specifications for each roof sign submitted with the application. The sign shall be recertified by a licensed professional engineer or registered architect every 10 years.

(9) Any wall sign lawfully in existence on March 1, 2021, and which is not in compliance with the provisions of this article, shall be removed on or before the later of:

[Added 3-18-2021 by L.L. No. 3-2021]

(a) Ten years from the date of installation of such sign; or

(b) January 1, 2022.

G. (Reserved)[1]

[1] Editor's Note: Former Subsection G, Awning signs, was repealed 3-18-2021 by L.L. No. 3-2021.

H. Projecting signs. Projecting signs shall be permitted, provided that:

[Amended 2-4-2015 by L.L. No. 3-2015]

(1) Such sign does not overhang or extend beyond the property line of a building lot.

(2) The surface area of such sign may not exceed nine square feet or a maximum of 20% of the permitted sign area of a building, whichever is less.

(3) The height from the ground level to the bottom of the sign shall be not less than seven feet, and the sign may not project more than 40 inches from the building.

(4) Projecting signs may be illuminated or lighted, provided that the light source is not visible, and all electric wiring is concealed, unless the Superintendent determines otherwise. The Superintendent may permit external lighting if the source of light is not part of the sign. Internally lit signs shall not be permitted. Flashing or intermittent lighting shall not be permitted. Only white lighting shall be permitted.

(5) Projecting signs may be double faced.

(6) The sign area of a projecting sign shall be counted as part of the permitted sign area.

(7) Projecting signs shall not interfere with the view of any adjacent signs.

(8) Projecting signs shall not extend above the roofline or parapet, whichever is higher.

(9) Projecting signs, supports and brackets shall comply with all applicable design codes and standards in effect at any time the sign is maintained.

§ 335-6 Residential districts.

A. Dwellings for four or more families may have displayed nonilluminated signs identifying the premises, having an aggregate total face area of not more than 12 square feet and located so that no portion of the sign overhangs or extends beyond the property line of the dwelling.

B. Nonresidential uses permitted pursuant to Chapter 340 of this Code may have displayed nonilluminated signs pertaining to the use of property.

C. Political signs are permitted, provided that they are removed within 10 days after the election to which they pertain.

§ 335-7 Temporary signs and banners.

A. The Superintendent may grant permission for the maintenance of one or more temporary signs to a charitable, political or nonprofit organization for a period not to exceed 75 days. Any such permitted signs shall be installed in accordance with the following provisions:

(1) Such sign shall not be erected earlier than 75 days prior to the event of which it gives notice and shall be removed within 10 days after such event.

(2) Such sign shall not exceed 32 square feet in area or four feet in height.

(3) Such sign shall not be located on trees, fences, utility poles or light standards.

(4) Such sign shall not be a roof sign.

(5) Only one such sign shall be permitted on a lot.

(6) Such signs shall be permitted only in business districts.

(7) In the event that any such sign is not removed within the allowed time period, the Superintendent shall cause to be removed those signs which remain. The applicant will be charged the cost of such removal.

B. A temporary sign announcing anticipated occupancy of a building site shall be permitted for a period not to exceed three months without the Superintendent's review, provided that such sign shall not exceed 16 square feet if it is freestanding and shall not exceed the maximum permitted sign area for a building if it is affixed to a building.

C. A temporary interior sign or combination of temporary interior signs shall not cover more than 50% of each window through or upon which it is affixed, displayed or painted. Such percentage of window coverage shall be reduced by the percentage of window coverage of any permanent interior sign. (See § 335-5D.) Permitted temporary interior signs are allowed without permit.

D. Banners shall be allowed in any district without permit in accordance with the following:

(1) A banner shall be removed within two weeks of its erection or hanging.

(2) In business districts, banners shall comply with § 335-8A of this chapter.

E. No sign prohibited pursuant to § 335-4 of this Code may be permitted as a temporary sign.

[Added 12-3-2012 by L.L. No. 6-2012]

§ 335-8 Provisions applicable to all districts.

[Amended 2-4-2015 by L.L. No. 3-2015]

A. No sign shall contain information regarding a business, product or service not conducted at or available from the premises at which the sign is located; provided, however, that nothing herein shall be construed as limiting an owner of a sign or premises from displaying upon said sign any noncommercial message whether or not said noncommercial message bears any relationship to any business, product or service conducted or available at the premises.

B. Every illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. Permanent signs illuminated from outside the boundaries of the sign shall not be permitted unless the direct beam or glare is not visible from any abutting right-of-way or any adjacent property. In no event shall an illuminated sign or lighting device be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

C. A freestanding sign to identify the occupants of a medical or professional office building or religious institution shall be allowed in any district at the property where such uses are permitted under Chapter 340 of this Code. Said sign may be erected with two poles, provided that all other requirements of this section are satisfied.

D. A sign shall not utilize more than four colors. Black and white shall be considered as colors.

E. A sign shall not be placed in a position that will obstruct or impair vision or interfere with pedestrian or vehicular traffic or in any manner create a hazard or disturbance to health, safety or welfare of the public.

F. A sign shall not utilize the colors red, yellow or green where, in the judgment of the Commissioner of Police and/or the Superintendent of Buildings of the Village of Rockville Centre, a potential safety hazard would be created due to confusion or a conflict with traffic control devices.

§ 335-9 Permit procedure.

A. Except for signs covered in §§ 335-7B, C and D, 335-6C and 335-3 herein, it shall be unlawful for any person to erect, alter, paint with a new message, redesign, relocate, reconstruct or maintain, or cause to be erected, altered, painted with a new message, redesigned, relocated, reconstructed and maintained any sign, without first having obtained a permit therefor from the Superintendent. The fee for said permit shall be at the level fixed from time to time by resolution of the Board of Trustees.

B. The following two operations shall not require a sign permit:

(1) Replacing copy. The changing of the advertising or message on an approved sign which is specifically designed for the use of replaceable copy, provided that the sign refers to the same use or activity in accordance with this article and that the letters are legible in the particular circumstances.

(2) Maintenance. Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a structural change is made.

C. An application for a sign permit shall be made on a form provided by the Superintendent, which application shall include and be accompanied by:

(1) Name, home and business address and telephone numbers of the applicant.

(2) Name, business address, telephone number and certificate of insurance of the sign installer in an amount to be determined by the Superintendent.

(3) Verified certification from the sign installer that the sign will be properly secured to the building or structure in a safe manner.

(4) Location of building, structure or land to which or upon which the sign is to be erected.

(5) Exact dimensions of the sign.

(6) The specific details of the construction of the sign showing the lettering and/or pictorial matter composing the sign, the position of lighting or other extraneous devices on the sign and a detailed sketch of the location of the sign showing the position in relation to buildings or structures within 100 feet of the sign and to any private or public road or highway.

(7) Sketches drawn to scale and supporting information indicating the location of the sign on the building, colors, types of lettering or other graphic representation and materials to be used, electrical or other mechanical equipment, and details of its attachment and hanging. Samples of materials shall accompany the application when required by the Superintendent.

(8) The written, signed and acknowledged consent of the owner of the property upon which such sign is to be erected and maintained.

[Amended 3-18-2021 by L.L. No. 3-2021]

(9) The written, signed and acknowledged agreement on the part of the applicant and the owner of the premises that such applicant and owner shall hold the Village harmless from and against any claim, liability, loss or expense (including reasonable attorneys' fees) by reason of any injury to person or property arising out of, or resulting from negligence or other conduct, cause or otherwise on the part of the Village, applicant, owner or any of them in connection with said sign, and authorizing and permitting the Village to remove the sign, at the expense of the applicant and owner, in the event it shall be abandoned or become unsafe.

[Amended 3-18-2021 by L.L. No. 3-2021]

(10) A permit fee as set from time to time by resolution of the Board of Trustees.

[Amended 3-18-2021 by L.L. No. 3-2021]

(11) A certificate of liability insurance maintained by the sign installer, and covering the applicant as an additional insured, in an amount as reasonably determined by the Superintendent.

[Amended 3-18-2021 by L.L. No. 3-2021]

(12) Such other pertinent information as the Superintendent may reasonably require.

D. Every sign requiring a permit shall bear the Village of Rockville Centre permit number in letters of no less than 1 1/4 inches on the lower left corner of the sign (e.g., RVC No. 4567).

E. Sign permits shall be valid for a term of two years; and except as otherwise provided in this article, permits for lawfully existing signs may be renewed for subsequent periods of two years each. Such renewals shall be subject to a permit renewal fee as determined from time to time by resolution of the Board of Trustees.

[Amended 3-18-2021 by L.L. No. 3-2021]

§ 335-10 Compliance and enforcement.

A. If any sign regulated herein is unsafe or insecure or is a menace to the public or has been erected in violation of the provisions of this article as determined by the Superintendent, the Superintendent shall give written notice to the permittee to either conform or remove the sign. If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth within 14 days after such notice, the permit for such sign shall be withdrawn and such sign may be removed by the Superintendent or his authorized agent at the expense of the permittee or owner of the property on which it is located. The Superintendent shall cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

B. Any sign, sign structure or portion thereof now or hereafter existing which no longer advertises a bona fide business conducted or a product available for purchase by the public on the premises shall be removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 30 days after written notification from the Superintendent, and, upon failure to comply with such notice within the time specified in such order, the Superintendent is hereby authorized to cause removal of such sign, and the expense of said removal when certified by said Superintendent to the Village Board, shall be paid by the Village, and such amount shall thereupon be and become a lien upon the premises in question and shall be levied, corrected, enforced and collected in the same manner and under the same penalties as an assessment for a public improvement. In the case where an existing contract between an owner of a sign and owner of the land shall have restricted or limited the responsibility of the landowner for removal of the sign the owner or stockholder of any corporation that owns the sign shall not be eligible for any future permit until said lien is satisfied.

C. All signs shall be maintained in their original and approved condition in terms of structural integrity and quality of appearance. The Superintendent shall withdraw the permit for any sign that is not properly maintained, causing such sign to become nonconforming.

D. The Superintendent shall, as practicable, survey the Village for signs which do not conform to the requirements of this article. Upon determination that a sign is noncompliant or nonconforming, the Superintendent shall use reasonable efforts to give written notice to the occupant and owner of the property on which the sign is located as to the following:

[Amended 3-18-2021 by L.L. No. 3-2021]

(1) The classification of a sign as noncompliant or nonconforming and the reason for such determination.

(2) Whether the sign is eligible for classification as legally nonconforming.

E. Any sign lawfully existing on or after January 1, 2021, which does not conform with the provisions of this article shall be considered a legal nonconforming sign, provided that a sign permit or variance is in effect on such date permitting such sign, or the sign otherwise was lawfully existing on the date of adoption of this article, and the sign is not required by any provision of this article to be removed.

[Amended 3-18-2021 by L.L. No. 3-2021]

F. Termination or loss of legal nonconforming status.

[Amended 11-18-1991 by L.L. No. 8-1991; 11-27-1995 by L.L. No. 11-1995; 3-18-2021 by L.L. No. 3-2021]

(1) The legal nonconforming status of a sign shall be considered to have terminated, and such sign shall be considered abandoned, regardless of intent, if any of the following circumstances apply:

(a) On or after the date the sign became legal nonconforming, the sign is or has been altered in any way in structure, including size, shape or dimensions.

(b) The sign is or has been relocated to a position other than that in which it was located at the time it became legal nonconforming, and the current position or condition is not in compliance with the requirements of this chapter.

(c) The sign is or has been replaced after the date it became legal nonconforming, and the present condition or location of the sign does not conform to the Village Code currently in effect.

(d) Fifteen years have elapsed from the adoption of this article.

(2) In the event the legal nonconforming status of a sign has terminated pursuant to Subsection F(1)(a), (b), (c) or (d), the sign shall immediately be brought into compliance with this article, and a new permit secured therefor, or shall be removed by the owner or occupant of the property or sign. If not so removed, such sign shall be deemed to be an abandoned sign and shall be disposed of in accordance with the provisions of § 335-10B of this article.

G. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this article regarding safety, maintenance and repair of signs; provided, however, that any repainting, cleaning and any other normal maintenance or repair of the sign or sign structure shall not modify the sign structure in any way.

H. Failure to comply with any of the provisions of this article shall be deemed a violation, and the violator shall be liable to a fine in accordance with general penalty provisions of the Rockville Centre Code,[1] and each day such violation continues shall constitute a separate violation.

[1] Editor's Note: See Ch. 1, General Provisions, Art. I, § 1-2.

I. Unless permitted by other provisions of this article, any feather or surfboard sign in existence on or after June 1, 2013, shall be removed. Any person who shall cause or permit the maintenance or continued use of any such surfboard sign on or after June 1, 2013, shall be guilty of a violation.

[Added 12-3-2012 by L.L. No. 6-2012; amended 3-18-2021 by L.L. No. 3-2021]