[Added 11-1-1984 by L.L. No. 2-1984]
For development within the Maple Union TOD District, which is governed by Article XXXIX of this chapter, the following shall apply provided no provision of this article is inconsistent with any requirement of Article XXXIX of this chapter, in which event the provisions of Article XXXIX shall govern. [Added 12-5-2019 by L.L. No. 7-2019]
The purpose of this article is to promote and
protect the public health, welfare and safety by regulating existing
and proposed signs of all types within the Village, in order 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 of designated areas and provide a more
enjoyable and pleasing community, reduce sign distractions that may
contribute to traffic accidents and to ensure the safety of the public
by removing or reducing hazards to pedestrian and vehicular traffic
caused by overhanging, projecting or faulty signs over public rights-of-way,
to provide more open space and curb the deterioration of the natural
beauty of the Village due to haphazard and improperly sited, sized
and proportioned signs.
[Amended 2-20-1992 by L.L. No. 3-1992; 6-13-1999 by L.L. No. 1-1999; 12-2-1999 by L.L. No. 3-1999; 5-3-2001 by L.L. No. 2-2001]
A.
Generally. No sign shall be erected in any use district without a permit first having been applied for and issued, except as herein expressly exempted by Subsection B of this section. Signs of the types specified in this section shall be permitted in the Residence Parking (RP), Apartment A, AA, AAA and AAAA, Business A, B-1, B-2, B-3, B-4, B-5, B-6 and AA, Business Office, Business BX, Maple Union TOD and Planned Industrial Districts, only if and to the extent that they do not conflict with specific regulations of other articles of this chapter applicable to signs erected in such use districts. Where site plan approval is required by any other articles of this chapter for the erection of one or more signs in any use districts, any signs sought to be erected after the approval of such site plan and not shown thereon shall require the approval of the Planning Board of the Village of Westbury.
[Amended 12-5-2019 by L.L. No. 7-2019]
B.
Signs authorized without a permit. The following signs
shall be exempt from the requirement of application for and issuance
of a permit in the use districts hereinafter set forth:
(1)
Directional signs: one or more directional signs,
not exceeding eight square feet in area, as required to control movement
of vehicular traffic and parking on private property or to give guidance,
instruction or direction, in any use district except Residence A,
Residence B and Residence C Districts; provided, however, that if
any such sign misleads traffic utilizing adjoining lots or parcels
as to permitted or prohibited movements or parking on such lots or
parcels, the Senior Building Inspector may order such sign removed
after notice and opportunity to be heard.
(2)
Religious signs: in any use district, one wall sign
not exceeding 24 square feet in area and one single- or double-faced
freestanding sign not exceeding 32 square feet in area and having
a height not greater than eight feet measured vertically from grade
to the top of the sign, including supports, and provided that the
information thereon shall be limited to names, symbols, messages,
denomination, address, telephone numbers, hours and days of worship.
All other religious signs shall be considered temporary public interest
signs.
(3)
Sale or rent signs:
(a)
On a parcel of land or building in any use district,
except Residence A, Residence B or Residence C, one wall sign or one
detached or freestanding sign, not exceeding four square feet in area,
and having a height not greater than six feet measured vertically
from grade to the top of the sign, including supports, advertising
only the sale, lease or rental of all or part of the premises on which
the sign is located. If a freestanding sign, such sign shall not be
located nearer to any street line than the minimum setback line, if
any, prescribed by the provisions of this chapter applicable to such
premises.
(b)
In Residence A, B or C Use Districts, one single-
or double-faced sign not exceeding two square feet in area per side,
advertising only the sale, lease or rental of all or part of the premises
on which the sign is located, may be attached to the building or edifice
or may be freestanding or post-mounted and located not less than 15
feet from the street adjoining the lot or, if closer than 15 feet
to the street, not more than five feet in front of the building or
edifice and not more than six feet high as measured vertically from
the grade to the top of the sign, including supports.
(4)
Temporary public interest signs: in any use district,
one or more temporary signs erected at the site of the activity or
event or on the premises of the organization or political candidate
erecting the same, provided that no such sign exceeds four square
feet in area and otherwise complies with the provisions of this article.
The person or organization or candidate erecting the same shall remove
such sign promptly, upon the expiration of its use, within the temporary
permitted period.
(5)
Interior signs: in any use district, signs located
wholly within a building or structure and not positioned so as to
permit observation thereof from the exterior of such building or structure,
except window signs.
(6)
Institutional signs:.in any use district, one wall
sign not exceeding 24 square feet in area, one freestanding sign,
either single- or double-faced, not exceeding 24 square feet in area,
and one wall sign or freestanding sign, not exceeding one square foot
in area, designating the location of, or direction to public telephones,
drinking fountains or public bathrooms.
(7)
Construction or occupancy signs. In any use district:
(a)
One temporary wall sign, or one temporary single-
or double-faced detached sign or one temporary single- or double-faced
swing or curb sign, not exceeding eight square feet in area, which
shall display only the name, profession, address and telephone number
of the contractor, builder owner, architect or engineer associated
with the project, type of occupancy and the date of expected completion
or occupancy. Such sign shall be removed by the permittee upon issuance
of a certificate of occupancy or certificate of completion of the
project; and
(b)
One temporary wall sign, or one temporary single-
or double-faced detached sign for each building or structure under
construction, repair or renovation, which sign shall advertise only
the name, business and profession of future tenants or occupants of
said building or structure and the date of their expected occupancy.
Such sign shall be removed by the permittee upon issuance of a certificate
of occupancy or certificate of completion of the project or within
one year from date of erection of the sign, whichever first occurs.
Such signs may be allowed to remain for an additional period not to
exceed one year, provided that a permit therefor is issued by the
Senior Building Inspector upon a showing of need by the applicant
for the continued use of such sign for such additional period.
C.
Awning, canopy, facade, soffit or wall signs authorized only with
a permit. In all Business and Planned Industrial Use Districts except
Business B-1 and Business B-2 Districts, and the Maple Union TOD District,
the following signs may be erected, provided that a permit therefor
is first applied for and issued:
[Amended 12-5-2019 by L.L. No. 7-2019]
(1)
Awning or canopy signs: one awning or canopy sign for each side of
premises, provided that:
(a)
One area containing lettering, numbers, symbols and/or caricature
shall be permitted to be affixed to the front and each side of the
awning or canopy so long as said area does not exceed two feet in
height, except that awnings or canopies fronting on Old Country Road
may contain one area not exceeding three feet in height.
(b)
The awning or canopy does not project out from the storefront
or facade more than three feet.
(c)
The top of the awning or canopy does not project over the top
of the parapet wall of the building to which it is affixed.
(d)
The bottom of the awning or canopy is not less than eight feet
nor more than nine feet above the adjacent ground level.
(e)
Awnings or canopies shall be permitted on the front, side or
rear of a premises, however, no such awning or canopy shall be permitted
on the side or rear of a building if such awning or canopy faces residential
premises.
(2)
Facade, soffit or wall signs:
(a)
One facade, soffit or wall sign, provided that:
[1]
It does not exceed two feet in height, except that such signs
fronting on Old Country Road may not exceed three feet in height;
[2]
It does not exceed in length 90% of the horizontal measurement
of each tenant's or occupant's front wall spaces; and
[3]
It does not project more than 12 inches beyond the exterior
face of the building or structure, including any artificial lighting
or reflectors connected thereto. This restriction shall not apply
to soffit signs.
(b)
Such signs shall be permitted on front, side and rear of premises,
however, no such sign shall be permitted on the side or rear of a
building if said sign faces residential premises.
D.
Awning, facade, soffit or wall signs authorized only with a permit.
In all Business B-1 and Business B-2 Districts and the Maple Union
TOD District, the following signs may be erected, provided that a
permit therefor is first applied for and issued:
[Amended 4-2-2015 by L.L.
No. 2-2015; 12-5-2019 by L.L. No. 7-2019]
(1)
Awning signs: one awning sign for each side of premises, provided
that:
(a)
One area containing lettering, numbers, symbols and/or caricatures
shall be permitted to be affixed to the front and each side of the
awning or canopy so long as said area does not exceed 2 1/2 feet
in height.
(b)
The awning does not project out from the store front or facade
more than to a point a distance of 18 inches from the innermost point
of the adjacent curbline.
(c)
The top of the awning does not project over the top of the parapet
wall of the building to which it is affixed.
(d)
The bottom of the awning is not less than seven feet nor more
than eight feet above adjacent ground level.
(e)
Awnings shall be permitted on the front, side or rear of a premises;
however, no such awning shall be permitted on the side or rear of
a building if such awning faces residential premises.
(f)
All awnings must be retractable and must be retracted between
the hours of 9:00 p.m. and 6:00 a.m. of the following day.
(g)
In Business B-1 and B-2 Districts, canopy signs are specifically
prohibited.
(2)
Facade, soffit or wall signs:
(a)
One facade, soffit or wall sign for each side of the premises,
provided that:
[1]
It does not exceed 2 1/2 feet in height.
[2]
It does not exceed in length 75% of the horizontal measurement
of each tenant's or occupant's front wall space.
[3]
It does not project more than 12 inches beyond the exterior
face of the building or structure. Box lighting and neon lighting
or the like are specifically prohibited.
[4]
Exterior lighting shall be from above or behind the signage
only; lamps shall not project more than 1 1/2 feet from the face
of the sign and shall not extend above the top of the sign more than
one foot; and such illumination shall not result in confusion with
traffic signals, either because of color or proximity.
(b)
Such signs shall be permitted on the front, side and rear of
a premises; however, no such sign shall be permitted on the side or
rear of a building if said sign is less than 100 feet from any residential
premises.
(3)
Any signs or awnings installed pursuant to this section shall be
of a color scheme, in a color palate, approved by the Board of Trustees
of the Village of Westbury. The Village Board shall at a regular meeting
choose sample approved color palates, which shall thereafter be made
available to the public by the Superintendent of Buildings.
(4)
All nonconforming signs in existence on the effective date of the local law whereby this § 248-303D was adopted, located in a Business B-1 and B-2 District, shall, at the expiration of three years from said effective date, become prohibited and unlawful. All nonconforming signs for which a period of continued permitted use is provided hereunder shall be removed by the owner or occupant of the premises on which they are located not later than the expiration date of such period.
E.
Detached or freestanding, double-faced or multifaced
and illuminated signs authorized only with a permit. In all Business
and Industrial Districts, the following signs may be erected, provided
that a permit therefor is first applied for and issued:
(1)
Detached or freestanding signs: one detached or freestanding
sign, advertising only the business conducted on the premises upon
which the sign is located, provided that:
(a)
There be only one such sign detached from a
building.
(b)
Such sign shall not exceed 24 square feet in
area and seven feet in height from the mean level of the ground.
(c)
Such sign shall be located not less than 10
feet from any property line.
(d)
An open space of at least three feet in height
shall be maintained between the bottom of the sign and the ground.
(2)
Double-faced or multifaced signs: one double-faced
or multifaced sign; provided, however, that it shall not exceed 24
square feet per side. No more than one such sign shall be permitted
per business location and shall be limited to advertising the business
name, address, telephone number, nature of products sold or services
performed and days and hours of operation. The bottom of such sign
shall be located not less than seven feet nor more than eight feet
above the adjacent ground level. Such sign shall be installed and
protected so as not to interfere with nor impede vehicular or pedestrian
traffic.
(3)
Illuminated signs: one illuminated sign, provided
that it complies with the following requirements:
(a)
Illumination of the sign shall be accomplished
by means of shielded light sources or lighting devices in such other
manner that no glare shall extend beyond the property lines of the
property upon which such sign is located, and no glare shall disturb
the vision of passing motorists or constitute a hazard to traffic.
(b)
No flashing, rotating or moving light sources
shall be permitted to constitute a part of any such sign, with the
exception of a sign displaying time and temperature, in which case
only said time and temperature shall be permitted to have such moving
light source. Each message shall be allowed to remain for no more
than two seconds.
(c)
Any electrical apparatus, and the installation
thereof, must also be approved by the New York State Board of Fire
Underwriters.
(d)
An open space of at least three feet in height
shall be maintained between the bottom of the sign and the adjacent
ground level.
(e)
Illuminated signs located on premises abutting
residential districts shall be extinguished within 1/2 hour after
the close of business and, in no event, later than 11:00 p.m. The
close of business shall be deemed to be that time when the premises
are closed to the general public.
(f)
Lights in or on signs within business establishments
may be kept on during the entire night, provided that the total amount
of illumination does not exceed 20 footcandles.
F.
Window signs and other miscellaneous signs authorized
only with a permit. In all Business and Industrial Districts, the
following signs may be erected, provided that a temporary ninety-day
permit therefor is first applied for and issued:
(1)
Window signs:
(a)
In any use district, except the Residence A,
AA, B or C, or Apartment District, temporary window signs or signs
in each display window, provided that the total area of all signs
used or displayed in such window, measured in square feet or inches,
does not exceed 1/4 of the total surface area of such window. All
window signs shall be of professional quality, printed in legible
type and not hand written.
(b)
Prior language notwithstanding, temporary window
signs may be installed without a permit in supermarkets having a square
footage of at least 11,085 square feet and may be maintained for a
period in excess of 90 days.
(c)
Permanent signage or lettering affixed to windows
shall not exceed 2 1/2 feet and shall not exceed 1/4 of the total
surface of such window.
(2)
Other miscellaneous signs: any banner pennant, ribbon,
streamer, spinner or other similar moving, fluttering or revolving
device constructed of cloth, oil cloth, paper, plastic or other materials,
erected or maintained across any street or attached to or upon any
building or part thereof, or upon any premises, provided that it shall
be maintained for no more time than 90 days and shall not endanger
vehicular traffic, property or pedestrians, and further provided that
no such sign or device shall be erected upon or over a public right-of-way
or parking lot without the express prior permission of the Board of
Trustees.
(3)
Any sign installed pursuant to this section shall be of a temporary nature [except for permanent window signage described in § 248-303F(1)(c)]; and, in the discretion of the Superintendent of Buildings, any reapplication for a similar sign of a temporary nature shall be denied.
A.
All signs not specifically permitted under § 248-303 shall be prohibited, except that those signs presently existing and permitted by law, prior to adoption of this article, may continue as nonconforming signs, so long as they are used for the same business name or entity as existed on the effective date of this article.
B.
Signs, which are otherwise authorized under this article,
shall be prohibited, if they are:
(1)
Roof signs or signs projecting in part higher than
the roofline.
(2)
Constructed of cloth, oil cloth, paper, cardboard or other destructible material for display outside of any building, except temporary public interest signs permitted under § 248-303B(4).
(3)
Placed so as to frame or outline two or more sides
of any wall of a building.
(4)
Directing attention to a business, service, entertainment
or commodity conducted, sold or offered elsewhere other than upon
the premises upon which it is erected or maintained.
(5)
Attached to any tree, fence, utility pole, directional
signs or traffic sign.
(6)
Directing, emitting, radiating or reflecting any beam,
ray, gleam or glare of light away from the premises on which such
sign is located.
C.
All signs permitted under § 248-303 shall be maintained in a good state of repair, in working order and neatly painted in a professional manner.
[Added 6-3-1999 by L.L. No. 1-1999]
D.
No sign shall be erected or maintained which might
be confused with any traffic sign or which might interfere with the
vision or discernment of any traffic sign or which might cause danger
to public travel or which would pose a hazard to vehicular or pedestrian
traffic or to property.
E.
Except as otherwise provided in this article, no sign
shall be erected or maintained which extends or projects into or above
any public right-of-way or public parking lot.
F.
No sign shall be permitted within 500 feet of the
border of any state park or parkway unless the applicant first complies
with the appropriate provisions of the laws of the State of New York.
G.
There shall be no moving or flashing, changing, intermittent or varying illumination in or reflecting upon any sign, except as provided in § 248-303E(3)(b).
H.
There shall be no billboards, mobile signs, revolving
signs or roof signs.
I.
Except as provided in § 248-303B(7)(a), there shall be no swing or curb signs.
If a permit is denied by the Senior Building Inspector, the applicant may appeal from such denial to the Board of Appeals within 30 days from the mailing of a notice of denial to the applicant by the Senior Building Inspector. The Board of Appeals, appointed under § 248-324 of this chapter, after public notice and hearing, may grant a sign permit, in accordance with the provisions of this article, and vary or modify the application of the regulations of this article, for good cause shown, so as to avoid undue hardship or practical difficulty, in harmony with its general purpose and intent.
[Amended 6-3-1999 by L.L. No. 1-1999]
Within one month after a sign or awning/canopy
ceases to advertise an existing business or a service or product sold
or provided on the premises, the owner or occupant of such premises
shall remove such sign or signage from the awning/canopy. In the event
that a sign ceases to advertise an existing business or a service
due to fire damage, wind or flood, said sign shall be removed within
six months after said fire, wind or flood damage.
A.
The Senior Building Inspector shall cause a notice
of violation to be served upon the owner or occupant of the building,
structure or lot where any provision of this article has been violated.
Such notice shall require such owner or occupant, within 10 days after
date of such notice, either to remove such sign or to replace or modify
such sign so as to conform with this article. Such notice shall be
served upon such owner or occupant personally or by certified mail,
return receipt requested, directed to the last known mailing address
of such owner or occupant.
B.
The owner or occupant of any premises, who is served
with a notice of violation, as hereinabove provided, must comply with
such notice.
C.
In the event that such owner or occupant, after service
of such notice of violation, shall neglect or refuse to comply therewith,
the Senior Building Inspector shall be authorized to enter upon such
premises, to remove therefrom any such unlawful sign, and to assess
the cost of such removal against the owner of the property on which
the sign was located, and said cost shall constitute a lien and charge
on such property until paid or otherwise satisfied or discharged,
and shall be collected by the Village Treasurer in the manner provided
by law for the collection of delinquent Village real property taxes.
In making application for a sign permit hereunder,
the applicant thereby consents to the inspection of such sign by the
Senior Building Inspector or his delegate, so long as the same shall
remain upon the premises where it was erected. Such sign shall, at
all times, be erected and maintained in conformity with the provisions
of this article, and shall be kept clean, neatly painted and free
from all hazards, such as, but not limited to, faulty wiring or loose
fastenings, and must be maintained at all times in such condition
as not to be detrimental to the public health or safety.
In the event that the owner or occupant of the premises upon which a sign in violation of any provision of this article has been erected or maintained shall fail to correct such violation after receiving notice thereof, as provided in § 248-307A, the Senior Building Inspector, in addition to any other remedy provided for such violation, is hereby authorized and empowered to revoke the permit, if any, under which such sign was erected or maintained.
A.
Applications. Except those signs for which, by the
terms of this article, no permit is required, before any sign is erected
or replaced, an application in writing shall be submitted to the Senior
Building Inspector. Such application shall be signed by the owner
of the premises upon which the sign is to be erected or replaced,
or by the occupant of said premises or the owner's or occupant's agent.
If signed by the occupant or agent of the owner or occupant, the owner's
signed consent, in writing, duly acknowledged on a form to be provided
by the Senior Building Inspector, shall accompany the application.
The required filing fee shall be paid at the time the application
is submitted. The application, on a form to be provided by the Senior
Building Inspector, shall specify the exact location of the proposed
sign, and the name and mailing address of the owner, occupant and
agent, if any. It shall describe in detail the proposed sign, giving
its dimensions, its location in relation to the side and roof of the
premises, the distance from ground level to the bottom of the sign,
a description of the sign material, sign surface, a sketch of the
lettering, including the width and dimensions, details of lighting,
if any, and other particulars required for review of the application,
as required by the Senior Building Inspector.
B.
Approval. The Senior Building Inspector, if satisfied
that the sign application is in order and that the sign is authorized
hereunder and complies in all respects with the provisions of this
article and chapter, shall issue a permit for the erection or replacement
of the sign for which application has been made.
C.
Fees. Fees, in connection with the applications for
sign permits, shall be as set from time to time by resolution of the
Board of Trustees.
[Amended 12-2-1999 by L.L. No. 3-1999]
A nonconforming sign may not be replaced by another nonconforming sign. Notwithstanding the provisions of § 248-304A, all nonconforming signs in existence on the effective date of the local law whereby this article was adopted, except existing professional signs located in a Business A, AA, B or BX District and religious signs in any use district, shall, at the expiration of five years from said effective date, become prohibited and unlawful, except that such nonconforming signs which are constructed substantially from or with metal parts shall become prohibited at the expiration of 10 years from said effective date. All nonconforming signs for which a period of continued permitted use is provided hereunder shall be removed by the owner or occupant of the premises on which it is located not later than the expiration date of such period.
[Added 12-2-1999 by L.L. No. 3-1999]
A.
Permit required for posting. No person shall post
or hang, or cause to be posted or hung, any handbill, notice or placard
upon any post, telegraph, telephone or electric light pole, tree or
fence, bridge or wall of a building or other object in any street
or public place in the Village, except legal notices, without a permit
from the Village Clerk.
B.
Permit required for distributing handbills, etc. No
person shall distribute and/or peddle handbills, pamphlets, tracts,
advertising matter and other like matter in the streets and by going
from house-to-house, except legal notices, without having first obtained
a permit from the Village Clerk.
C.
Bond required. In addition to the fee for the permit required by Subsection B, all applicants for permits for sales of used property conducted by owner occupant shall be required to deposit a security deposit of $50 with the Village Clerk. All other permit applicants shall be required to deposit a security deposit of $250 with the Village Clerk. All handbills posted shall be removed within one week after the advertised event. In the event that all handbills are not removed, the deposit shall be used to defray the cost of the removal of said signs.
