[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-3-1997 by L.L. No. 9-1997,[1] effective 6-4-1997. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 57A, Signs, adopted 6-16-1987 by L.L. No. 7-1987, as amended.
It is the purpose and intent of this chapter
to regulate signs within the Town of Brookhaven to accomplish the
goals of:
A.
Avoiding an unsightly proliferation of unnecessary
signs.
B.
Providing for adequate signs for the business community
to communicate its availability to the public.
C.
Protecting the public from improperly located or distracting
signs which create a hazard to said public by virtue of their construction,
location and/or illumination.
[Amended 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001; 10-28-2014 by L.L.
No. 27-2014, effective 11-4-2014; 4-21-2016 by L.L. No.
6-2016, effective 5-3-2016]
As used in this chapter, unless otherwise expressly stated,
the following terms shall have the meanings indicated:
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
The total area of the faces of the sign within a perimeter
which forms the outside shape of said sign.
A protective roof-like covering, often of canvas, mounted
on a frame over a walkway or door.
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or a building by a permanent frame at
one or more edges. National flags, state or municipal flags, or the
official flag of any institution or business shall not be considered
banners.
An outdoor advertising sign commonly characterized as a large,
immobile, fixed structure attached to the ground or other structure.
[Amended 3-23-2017 by L.L. No. 6-2017, effective 4-3-2017]
The Chief Building Inspector of the Building Division of
the Town of Brookhaven or any of his deputies or any inspector regularly
assigned to the Department of Law.
A structural protective cover over an outdoor service area.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this chapter. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a "time and temperature"
portion of a sign and not a changeable copy sign for purposes of this
chapter.
Any building or buildings, structure or structures or premises
used by one or more enterprises for a commercial purpose specifically
permitted within the particular use district in which this term is
applied where the proposed use occupies a site of five or more acres,
whether built at one time as a unit or in two or more construction
stages.
Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service or other commercial activity.
The Commissioner of the Department of Planning, Environment
and Development or his/her designee.
The Department of Planning, Environment and Development.
Any sign containing a list of the names of business establishments
located within a shopping center and/or the name of the shopping center.
An on-premises sign with changing text or graphics generated
by electronic components, with a black background or face, advertising
an on-site product, service, or activity, public service message,
time, and/or temperature. Said signs shall not create visual distractions
to adjacent roadways.
Any sign, video display, projected image, or similar device
or portions thereof with text, images, or graphics generated by solid-state
electronic components. Electronic signs include, but are not limited
to, signs that use light-emitting diodes (LED), plasma displays, fiber
optics, or other technology that results in bright, high-resolution
text, images, and graphics. Said signs shall not create visual distractions
to adjacent roadways.
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign, and shall also include
the painting of exterior wall signs.
Any sign not attached to a building, including, but not limited
to, monument signs, pole signs, and pylon signs.
An open, unoccupied space on the same lot with the building
or structure, extending the full width of the lot and situated between
the street line and the front lines of the building. The depth of
the front yard shall be measured between the front line of the building
or structure and the street line.
Any freestanding commercial sign which is accessory to the
business conducted at the same location or parcel.
Any structure in which any recognized religion which has
a tax-exempt status meets to practice its religion.
Any sign illuminated by electricity, gas, light-emitting
diodes (LED), or other artificial light, including reflective or phosphorescent
light.
Any light, string of lights or group of lights located or
arranged so as to cause illumination on a sign.
A canopy extending more than two feet from a building, with
lettering thereon.
Any sign not designed or intended to be anchored to the ground
and designed and intended to be capable of being transported over
public roads and streets, whether or not it is so transported.
A freestanding sign, generally having a low profile, where
the base of the sign structure is on the ground or just above the
ground such that the sign has the appearance of a solid base and having
a structure constructed of masonry, wood, or materials similar in
appearance.
A sign erected and maintained by the Town of Brookhaven,
with space available on a rental basis to businesses and enterprises
wishing to have placed thereon a sign advertising their enterprise.
Such sign must meet specifications as to size, color and appearance
specified by the Town.
Any freestanding commercial sign which is accessory to the
business conducted at the same location or parcel which exceeds an
area of 32 square feet.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
Any sign intended and installed to be permanently in place
at a given location by means of suitable fastening to a building or
to a structure specifically erected to hold such sign(s) or to the
ground.
Any person, firm, partnership, association, corporation,
company, institution or organization of any kind.
A sign that is supported by a single pole or similar support
structure so that the bottom edge of the sign is one foot or more
above grade.
Political posters, banners, promotional devices and signs
of a temporary nature.
Any freestanding sign that is supported by two or more uprights,
poles, or braces, with a visible support structure or that is surrounded
by a decorative cover to form one solid sign support, often with a
sign face having a vertical dimension in excess of its horizontal
dimension.
Any sign in which all or any part extends above the wall
of any building or structure, where said wall does not extend above
the roofline. In no event shall a sign permitted as defined by "wall
sign" extend beyond the actual wall surface.
The top edge of the roof or top of the parapet, whichever
forms the top line of the building silhouette.
The distance from the property line to the nearest part of
the applicable building, structure, or sign, measured perpendicularly
to the property line.
Premises having two or more stores or business establishments
in connection with which there is provided, on privately owned property
near or contiguous thereto, an area or areas of land totaling at least
one acre usable by the public as the means of access to and egress
from the stores and business establishments on such premises and for
the free parking of motor vehicles of customers and patrons of such
stores and business establishments on such premises.
An open, unoccupied space on the same lot with the building
or structure extending from the rear line of the front yard to the
rear lot line on a line which would extend the side of the building
facing said side yard to the rear lot line.
Any material, structure or device or part thereof composed
of lettered or pictorial matter or upon which lettered or pictorial
matter is placed when used or located out of doors or outside or on
the exterior of any building, including window display area, for display
of an advertisement, announcement, notice, directional matter or name,
and includes sign frames, billboards, signboards, painted wall signs,
hanging signs, illuminated signs, pennants, fluttering devices, projecting
signs or ground signs, and shall also include any announcement, declaration,
demonstration, display, illustration or insignia used to advertise
or promote the interests of any person or business when the same is
placed in view of the general public.
A sign affixed to the underside of a roof overhang adjacent
to a store or other commercial premises.
A strip of land or way subject to vehicular traffic (as well
as pedestrian traffic) that provides direct or indirect access to
property, including, but not limited to, alleys, avenues, boulevards,
courts, drives, highways, lanes, places, roads, terraces, trails,
or other thoroughfares.
The distance for which a lot line of a zone lot adjoins a
public street, from one lot line intersecting said street to the furthest
distant lot line intersecting the same street.
Any sign other than a permanent sign, except for posters,
banners, window signs or building contractor's, subcontractor's,
architect's or engineer's signs maintained on the premises
only while the same is under construction.
Any single-faced sign which is attached to, incorporated
into or painted on the exterior wall of the premises abutting a public
street or a public or private parking field advertising only the business
conducted on the premises. Such sign shall be parallel to the face
of the wall.
A sign, excluding illuminated signs, installed inside a window
for purposes of viewing from the outside of the premises, including
any decorative elements. This term does not include merchandise located
in a window.
[Amended 4-21-2016 by L.L. No. 6-2016, effective 5-3-2016]
Only the following signs are permitted in all districts, as defined by Chapter 85, Zoning, of the Town of Brookhaven, unless otherwise specified, and no permit shall be required unless otherwise provided:
A.
Professional signs: one sign, not exceeding two square feet in area
per face, bearing only the name and profession of the resident practitioner.
Such sign may be illuminated by an electric lamp, not exceeding 15
watts of power, contained within the sign. Such sign shall have a
maximum height of nine feet from grade to the top of the sign, including
supports.
B.
Sale or rent signs: one "for sale" or "for rent" sign advertising
only the sale, lease or rental of the premises upon which the sign
is erected, not exceeding four square feet in area per face, with
a maximum height of nine feet from grade to the top of the sign, including
supports. In industrial and commercial zones, the maximum size of
the sign shall be three feet by six feet.
C.
Subdivision signs: one sign for each approved subdivision, not larger
than 32 square feet in area per face, advertising only the premises
on which the sign is placed, and such sign shall not exceed nine feet
above grade, including supports.
D.
Municipal signs: signs erected and maintained for a municipal or
governmental purpose, subject to such conditions and safeguards as
the Town Board may deem appropriate.
E.
Utility signs: standard signs of public utilities, not exceeding
12 inches by 20 inches per face, placed to inform the public of the
location of utility facilities available to the general public.
F.
Houses of worship: one ground sign, not to exceed 32 square feet
in area per face nor higher than nine feet in total height above grade,
including supports, erected on the premises of the place of worship;
and one wall sign on a building wall of the place of worship facing
a public street or parking lot, not to exceed 20 square feet. Nothing
herein shall be construed to prohibit any house of worship from displaying
its recognized symbol.
G.
Identification signs: signs as required, reasonable in size for the
premises, bearing only the name and/or address of the occupant of
the premises. These signs shall be permitted in a residential area
only.
H.
Public safety signs: any sign erected by a governmental agency or
at its direction warning the public of a specific danger, with no
other advertising on such sign. Such signs shall include directional
flow of traffic signs and entering and exiting parking lot signs and
shall be designed and placed in accordance with the New York State
Manual on Uniform Traffic Control Devices.
I.
Window signs: signs painted or placed inside display windows in accordance
with all other provisions of this chapter, and excluding petroleum
price signs. Window signs shall be limited to one sign per 12 linear
feet of window, not to exceed 25% of the total window area. Illuminated
signs in windows are prohibited.
J.
Building contractor's, subcontractor's, architect's
or engineer's signs: one sign, not larger than six square feet
in area, maintained on the premises only while the same is under construction.
K.
Municipal directory signs: Municipal directory signs are to be installed
by or at the direction of the Town. The individual identifying signs
to be located thereon shall be supplied by the individual wishing
to place them upon the municipal directory sign. Said sign shall comply
with the requirements as to size, color and appearance directed by
the Town of Brookhaven. The fee for location of such a sign upon the
municipal directory sign shall be determined as set forth in this
chapter. Any individual or corporation wishing to rent space upon
a municipal directory sign shall be permitted to do so for no more
than six months.
L.
Signs for service organizations: Service organizations shall be permitted
to erect two off-premises signs up to a maximum of four square feet
per sign face. Said signs shall require a permit issued by the Building
Division, but no fee shall be required.
[Amended 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001; 12-20-2005 by L.L. No. 36-2005, effective 12-27-2005; 12-13-2011 by L.L. No.
28-2011, effective 12-28-2011]
Only the following signs are allowed in J and
J-4 Zoning Districts with a permit from the Building Division and
in conformance with Subsection D below.
A.
Wall signs: one sign attached to or incorporated into
each exterior side wall of a building facing a public street or parking
area, advertising only the business conducted in such building, provided
that:
(1)
There is only one such sign for each wall on any wall
where such sign is permitted.
(2)
The area of the largest sign may not exceed 2 1/2
square feet per linear foot of wall width to a maximum of 36 square
feet. However, if said wall exceeds 24 feet in width, the sign may
be increased as follows: the larger of 36 square feet or two square
feet per linear foot of wall, calculated by using only 2/3 of said
length. Other permitted wall signs may not exceed 24 square feet.
(3)
The sign is not wider than the building upon which
it is placed.
(4)
The sign or any part thereof does not project more
than one foot from said wall and canopy signs and necessary lighting
devices do not project more than two feet from said wall. In no case
shall either the signs themselves or the lights extend into any right-of-way.
(5)
The sign does not extend higher than the roof of any
building.
(6)
The sign is not higher than the distance between the
head of the windows of one story and the lower sill course of the
windows of the next higher story or the top of the parapet wall if
a one-story building, and in no event shall the top of the sign be
higher than 18 feet above the mean level of the ground.
(7)
Any such sign shall be maintained in a good state
of repair, in working order.
(8)
The provisions of Subsection A(1) through (7) above shall not prohibit a sign projecting not more than one foot from any wall and not more than one foot by one foot in area used to indicate the location on the premises of a public telephone or other public utility facility for the use of the general public.
B.
Detached or ground signs advertising only the business
conducted on the premises upon which the sign is located, provided
that:
(1)
There is only one such sign detached from a building.
However, for buildings which have more than one street frontage, one
such sign shall be allowed on each street frontage.
(2)
Such sign shall not exceed 18 square feet per sign
face in area or nine feet in height from the mean level of the ground.
(3)
The area between the sign and front property line
shall be maintained free of obstructions and debris.
(4)
Said sign must not be designed or constructed to move,
oscillate or rotate, except for time and temperature signs in which
said time and temperature are indicated, alternately, in lights.
C.
Roof signs and window signs shall be prohibited.
D.
Any project requesting signs within this zoning district
that requires site plan approval after the adoption of this chapter
shall be approved by the Planning Board at the time of the site plan
approval.
[Added 12-20-2005 by L.L. No. 36-2005, effective 12-27-2005; 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011]
A.
Only the following signs are allowed in the J-6 Zoning Districts, Main Street Business Districts with a permit from the Building Division and in conformance with Subsection E below.
B.
Except as otherwise provided herein the following
sign types shall be permitted:
(1)
One wall sign attached to or incorporated into each
exterior side wall of each store facing a public street or parking
area, advertising only the business conducted in such store, provided
that:
(a)
For walls under 24 feet in width, the maximum
permitted size shall not exceed one square foot per linear foot of
wall width, not to exceed 15 square feet.
(b)
For walls over 24 feet in width, the maximum
permitted size shall not exceed two square feet per linear foot of
wall width, calculated by using only 2/3 of said length, not to exceed
48 square feet.
(c)
Signs shall be lighted with external building-mounted
lighting fixtures and shall not be backlit.
(2)
One blade sign for each business may be permanently
installed perpendicular to the facade, provided that:
(a)
Such sign shall not exceed a total of four square
feet, unless otherwise authorized by the Town Board.
(3)
A detached or ground sign may be permitted by the
Planning Board, advertising only the assembled businesses conducted
on the premises upon which the sign is located, provided that:
(a)
Such sign advertises an assemblage of businesses.
Detached ground signs shall not be used for individual sites with
a single individual business.
(b)
There is only one such sign detached from a
building. However, for buildings which have more than one street frontage
the Planning Board may permit one such sign on each street frontage.
(c)
The maximum height of the sign shall not exceed
12 feet in height from the mean level of the ground,
(d)
Necessary lighting devices shall not project
more than two feet from said sign. Lighting fixtures shall be directed
downward. No sign shall be backlit. In no event shall either the signs
or the lights extend into any right-of-way.
(4)
One address number sign no more than six inches high
shall be attached to the building in proximity to the principal entrance.
(5)
One portable sandwich board sign, A-frame or sidewalk sign,
provided said sign:
[Added 10-23-2012 by L.L. No. 29-2012, effective 11-7-2012]
C.
All signs shall be of wood or similar materials as
may be approved by the Planning Board.
D.
Roof signs shall be prohibited.
E.
Any project
requesting signs within this zoning district that requires site plan
approval shall be approved by the Planning Board at the time of site
plan review.
[Amended 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001; 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011]
Only the following signs are allowed in J-2
Zoning Districts with a permit from the Building Division and in conformance
with Subsection E below.
A.
Wall signs: one sign attached to or incorporated into
each exterior side wall of each store facing a public street or parking
area, advertising only the business conducted in such store, provided
that:
(1)
There is only one such sign for each store on any
wall where such sign is permitted.
(2)
The area of the largest sign may not exceed two square
feet per linear foot of wall width to a maximum of 48 square feet.
However, if said wall exceeds 24 feet in width, the sign may be increased
as follows: two square feet per linear foot of wall calculated by
using only 2/3 of said length. In no case shall such sign exceed 80
square feet. Other permitted wall signs may not exceed 36 square feet.
(3)
The sign is not wider than the building upon which
it is placed.
(4)
The sign or any part thereof does not project more
than one foot from such wall and canopy signs and necessary lighting
devices do not project more than two feet from said wall. In no case
shall either the sign itself or the light extend into any right-of-way.
(5)
The sign does not extend higher than the roof of any
building.
(6)
The sign is not higher than the distance between the
head of the windows of one story and the lower sill course of the
windows of the next higher story or the top of the parapet wall if
a one-story building, and in no event shall the top of the sign be
higher than 18 feet above the mean level of the ground.
(7)
Any such sign shall be maintained in a good state
of repair, in working order.
(8)
The provisions of Subsection A(1) through (7) above shall not prohibit a sign projecting not more than one foot from any wall and not more than one foot by one foot in area used to indicate the location on the premises of a public telephone or other public utility facility for the use of the general public.
B.
Detached or ground signs advertising only the business
conducted on the premises upon which the sign is located, provided
that:
(1)
There is only one such sign detached from a building.
However, for buildings which have more than one street frontage, one
such sign shall be allowed on each street frontage.
(2)
Each face of such sign shall not exceed 32 square
feet in area or 12 feet in height from the mean level of the ground.
(3)
The area between the sign and front property line
shall be maintained free of obstructions and debris.
(4)
Said sign must not be designed or constructed to move,
oscillate or rotate, except for time and temperature signs in which
said time and temperature are indicated, alternately, in lights.
C.
Roof signs shall be prohibited.
D.
Theater marquee signs shall not exceed one square
foot per linear foot of marquee to a maximum of 12 square feet.
E.
Any project requesting signs within this zoning district
that requires site plan approval after the adoption of this chapter
shall be approved by the Planning Board at the time of the site plan
approval.
[Amended 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011]
Notwithstanding any other provisions of this
chapter, the following signs shall be permitted in the J-5 Zoning
District with a permit from the Building Division and in conformance
with Subsection H below.
A.
Signs which are an integral part of gasoline pumps.
B.
Signs showing the selling price of gasoline, either
mechanical, manual or electronic, not to exceed one such sign for
each gasoline pump and attached thereto and measuring 12 inches in
height and 12 inches in width.
C.
One ground sign, not to exceed 24 square feet in area
per sign face and 12 feet in height above the mean level of the ground,
not to extend or project beyond any lot line.
D.
Temporary signs, not to exceed two in number, or 10 square feet per sign face; in conformity with the provisions of § 57A-9 of this chapter.
E.
Wall signs: one sign attached to or incorporated into
each exterior side wall of a building facing a public street or parking
area, advertising only the business conducted in such building, provided
that:
(1)
There is only one such sign for each wall on any wall
where such sign is permitted.
(2)
The area of the largest sign may not exceed two square
feet per linear foot to a maximum of 40 square feet. Other permitted
wall signs may not exceed 32 square feet.
(3)
The sign is not wider than the building upon which
it is placed.
(4)
The sign or any part thereof does not project more
than one foot from such wall and awning signs and necessary lighting
devices do not project more than two feet from said wall. In no case
shall either the sign itself or the light extend into any right-of-way.
(5)
The sign does not extend higher than the roof of any
building.
(6)
The sign is not higher than the distance between the
head of the windows of one story and the lower sill course of the
windows of the next higher story or the top of the parapet wall if
a one-story building, and in no event shall the top of the sign be
higher than 18 feet above the mean level of the ground.
(7)
Any such sign shall be maintained in a good state
of repair, in working order.
(8)
The provisions of Subsection E(1) through (7) above shall not prohibit a sign projecting not more than one foot from any wall and not more than one foot by one foot in area used to indicate the location on the premises of a public telephone or other public utility facility for the use of the general public.
F.
Canopy signs not to exceed one square foot per linear
foot of canopy width to a maximum of 12 square feet.
G.
Roof signs shall be prohibited.
H.
Any project
requesting signs within this zoning district that requires site plan
approval after the adoption of this chapter shall be approved by the
Planning Board at the time of site plan approval.
[Added 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011]
Only the following signs are allowed in the J-8 Zoning District
with a permit from the Building Division and in conformance with Subsection
F below.
A.
Wall signs: one sign attached to or incorporated into each exterior
side wall facing a public street or parking area.
(1)
The area of the largest sign may not exceed two square feet per linear
foot of wall width to a maximum of 48 square feet. However, if said
wall exceeds 24 feet in width, the sign may be increased as follows:
two square feet per linear foot of wall calculated by using only 2/3
of said length. In no case shall such sign exceed 80 square feet.
(2)
The sign is not wider than the building upon which it is placed.
(3)
The sign or any part thereof does not project more than one foot
from such wall and canopy signs and necessary lighting devices do
not project more than two feet from said wall. In no case shall either
the sign itself or the light extend into any right-of-way.
(4)
The sign does not extend higher than the roof of any building.
(5)
Any such sign shall be maintained in a good state of repair, in working
order.
(6)
The provisions of Subsection A(1) through (5) above shall not prohibit a sign projecting not more than one foot from any wall and not more than one foot by one foot in area used to indicate the location on the premises of a public telephone or other public utility facility for the use of the general public.
B.
Detached or ground signs advertising only the business conducted
on the premises upon which the sign is located, provided that:
(1)
There is only one such sign detached from a building. However, for
buildings which have more than one street frontage, one such sign
shall be allowed on each street frontage.
(2)
Each face of such sign shall not exceed 32 square feet in area or
12 feet in height from the mean level of the ground.
(3)
The area between the sign and front property line shall be maintained
free of obstructions and debris.
(4)
Said sign must not be designed or constructed to move, oscillate
or rotate, except for time and temperature signs in which said time
and temperature are indicated, alternately, in lights.
C.
Canopy and marquee signs not to exceed one square foot per linear
foot of canopy or marquee to a maximum of 12 square feet.
D.
Roof signs shall be prohibited.
E.
Wall signs for accessory uses shall be permitted at one wall sign
per use not to exceed 36 square feet.
F.
Any project requesting signs within this zoning district that requires
site plan approval after the adoption of this chapter shall be approved
by the Planning Board at the time of the site plan approval.
[Amended 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001; 12-13-2011 by L.L. No.
28-2011, effective 12-28-2011]
The following signs are allowed in L-1 and L-2 Zoning Districts
with a permit from the Building Division and in conformance with Subsection
D below.
A.
Wall signs: one sign attached to or incorporated into
each exterior side wall of a building facing a public street or parking
area, advertising only the business conducted in such building, provided
that:
(1)
There is only one such sign for each wall on any wall
where such sign is permitted.
(2)
The area of the largest sign may not exceed two square
feet per linear foot of wall area to a maximum of 80 square feet.
Other permitted wall signs may not exceed 48 square feet.
(3)
The sign is not wider than the building upon which
it is placed.
(4)
The sign or any part thereof does not project more
than one foot from such wall and a necessary lighting device does
not project more than two feet from said wall. In no case shall either
the sign itself or the light extend into any right-of-way.
(5)
The sign does not extend higher than the roof of any
building.
(6)
The sign is not higher than the distance between the
head of the windows of one story and the lower sill course of the
windows of the next higher story or the top of the parapet wall if
a one-story building, and in no event shall the top of the sign be
higher than 18 feet above the mean level of the ground.
(7)
Any such sign shall be maintained in a good state
of repair, in working order.
(8)
The provisions of Subsection A(1) through (7) above shall not prohibit a sign projecting not more than one foot from any wall and not more than one foot by one foot in area used to indicate the location on the premises of a public telephone or other public utility facility for the use of the general public.
B.
Detached or ground signs advertising only the business
conducted on the premises upon which the sign is located, provided
that:
(1)
There is only one such sign detached from a building.
However, for buildings which have more than one street frontage, one
such sign shall be allowed on each street frontage.
(2)
Such sign shall not exceed 18 square feet per sign
face in area or nine feet in height from the mean level of the ground.
(3)
The area between the sign and front property line
shall be maintained free of obstructions and debris.
(4)
Said sign must not be designed or constructed to move,
oscillate or rotate, except for time and temperature signs in which
said time and temperature are indicated, alternately, in lights.
C.
Roof signs shall be prohibited.
D.
Any project requesting signs within this zoning district
that requires site plan approval after the adoption of this chapter
shall be approved by the Planning Board at the time of the site plan
approval.
[Added 10-23-2012 by L.L. No. 31-2012, effective 11-7-2012; amended 4-2-2013 by L.L. No.
16-2013, effective 4-18-2013]
Standards.
A.
All signs
shall conform to the sign requirements of the underlying zoning district
contained within this chapter in addition to the regulations set forth
herein.
B.
Applicants
for new or replacement signs in the district shall apply to the Planning
Division for conformance review prior to submittal for a building
permit.
C.
Individual
rate signs or price signs shah be prohibited. Motor vehicle fuel and
service stations shall be permitted to integrate fuel and price information
into one freestanding, detached business identification sign.
D.
Portable
signs and off-premises business signs shall be prohibited, including
but not limited to portable/temporary signs attached to trailers (with
or without the wheels), sandwich board signs, signs tied to street
poles and other appendages, and temporary ground signs.
E.
Materials,
colors and shapes of proposed or replacement signs shall be compatible
throughout the district. Wood or wood-like signs with direct lighting
shall be required throughout the district.
F.
No new
freestanding signs shall be permitted within the district, except
monument signs that shall not exceed 9.5 feet in height above mean
ground level for single tenants or 12 feet in height above mean ground
level for multi-tenant parcels. All existing legally permitted, conforming
freestanding signs shall be landscaped with a clustering of plant
species.
G.
No blinking,
flashing, rotating or electronic signs, or banners shall be permitted,
except street banners or decorations which may be attached to roadway
utility or lighting poles by local Chambers of Commerce or similar
to identify individual hamlets or commemorate holidays or special
occasions.
H.
Any sign located on property that is unoccupied for a period of 60 days or more shall be deemed abandoned. The owner of the sign or the owner of the property shall remove such abandoned sign. If the owner or lessee fails to remove the sign, the Town shall give the owner 30 days written notice to remove the abandoned sign. Upon failure to comply with this notice, the Town may initiate such action as may be necessary to gain compliance in accordance with § 57A-21.
I.
Any project
requesting signs within this zoning district that requires site plan
approval after the adoption of this chapter shall be approved by the
Planning Board at the time of the site plan approval.
[Added 10-23-2012 by L.L. No. 31-2012, effective 11-7-2012; 11-7-2012; amended 4-2-2013 by L.L. No.
16-2013, effective 4-18-2013]
Standards.
A.
All signs
shall conform to the sign requirements of the underlying zoning district
contained within this chapter in addition to the regulations set forth
herein.
B.
Applicants
for new or replacement signs in the district shall apply to the Planning
Commissioner or his/her designee for conformance review prior to submittal
for a building permit.
C.
Individual
rate signs or price signs shall be prohibited. Motor vehicle fuel
and service stations shall be allowed to integrate fuel and price
information into one freestanding, detached business identification
sign.
D.
Portable
signs and off-premises business signs shall be prohibited, including
but not limited to portable/temporary signs attached to trailers (with
or without the wheels), sandwich board signs, signs tied to street
poles and other appendages, and temporary ground signs.
E.
Materials,
colors and shapes of proposed or replacement signs shall be compatible
throughout the district. Wood or wood-simulated signs with direct
lighting shall be required throughout the district.
F.
No new
freestanding signs shall be permitted within the district, except
monument signs that shall not exceed 9.5 feet in height above mean
ground level for single tenants or 12 feet in height above mean ground
level for multi-tenants. All existing legally permitted and conforming
freestanding signs shall be landscaped with a clustering of plant
species.
G.
No blinking,
flashing, rotating or electronic signs or banners shall be permitted,
excepting street banners or decorations which may be attached to roadway
utility or lighting poles by local Chambers of Commerce or similar
to identify individual hamlets or commemorate holidays or special
occasions.
H.
Any sign located on property that is unoccupied for a period of 60 days or more shall be deemed abandoned. The owner of the sign or the owner of the property shall remove such abandoned sign. If the owner or lessee fails to remove the sign, the Town shall give the owner 30 days' written notice to remove the abandoned sign. Upon failure to comply with this notice, the Town may initiate such action as may be necessary to gain compliance in accordance with § 57A-21.
I.
Any project
requesting signs within this zoning district that requires site plan
approval after the adoption of this chapter shall be approved by the
Planning Board at the time of the site plan approval.
[Added 10-28-2014 by L.L. No. 27-2014, effective 11-4-2014]
A.
Wall signs: one sign attached to or incorporated into each exterior
side wall facing a public street or parking area.
(1)
The area of the largest sign may not exceed two square feet
per linear foot of wall width to a maximum of 48 square feet. However,
if said wall exceeds 24 feet in width, the sign may be increased as
follows: two square feet per linear foot of wall calculated by using
only 2/3 of said length.
(2)
The sign may not be wider than the building upon which it is
placed.
(3)
The sign or any part thereof may not project more than one foot
from such wall, and canopy signs and necessary lighting devices shall
not project more than two feet from said wall. In no case shall either
the sign itself or the light extend into any right-of-way.
(4)
The sign may not extend higher than the roof of any building.
(5)
Maximum height shall not exceed 35 feet.
(6)
Any such sign shall be maintained in a good state of repair
and in working order.
B.
Detached or ground signs:
(1)
Only one such sign detached from a building. For buildings which
have more than one street frontage, one such sign shall be allowed
on each street frontage.
(2)
Sign height shall not be greater than 25% of the average width
of the highway right-of-way directly adjacent to the site, not including
additional right-of-way widths of interchanges and intersections.
No such sign may exceed 100 feet height, regardless of right-of-way
width.
(3)
The area in square feet of each face of such sign shall not
exceed 300% of the height.
(4)
Pylon and pole signs may be permitted only along the Long Island
Expressway (SR 495) and Sunrise Highway (SR 27).
(5)
The area between the sign and front property line shall be landscaped
and maintained free of obstructions and debris.
(6)
Pylon and pole signs shall be set back a distance equal to at
least 50% of the height of the sign from any adjoining lot line.
C.
Canopy signs, not to exceed one square foot per linear foot of canopy.
D.
Marquee sign:
(1)
The width of the marquee sign shall be a maximum of two feet
from each side of the entrance.
(2)
The maximum height shall not exceed 50% of the story height.
(3)
The depth and projection shall be a minimum of four feet and
a maximum of 10 feet.
(4)
The minimum clearance shall be 10 feet.
(5)
A minimum of three feet shall be required from the curbline.
E.
Roof signs shall be prohibited.
F.
Wall signs for accessory uses shall be permitted at one wall sign
per use, not to exceed 80 square feet.
G.
Wall or detached or ground signs design criteria.
H.
Signs with neon or LED lighted effects shall be in conformance with Subsection A above.
(1)
The area shall not exceed a maximum of 144 square feet or 144
linear feet per wall.
(2)
The maximum mounting height shall not exceed 35 feet.
(3)
Animated and motion effects shall be prohibited.
(4)
Electronic and electronic message signs shall be permitted only
along the Long Island Expressway (SR 495) and Sunrise Highway (SR
27).
I.
Any project requesting signs within this zoning district that requires
site plan approval after the adoption of this chapter shall be approved
by the Planning Board at the time of the site plan approval.
A.
Mobile signs and temporary signs shall be permitted
only in J-2 and J-5 Zoning Districts with a special permit from the
Building Division.
[Amended 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011]
B.
Mobile signs and temporary signs shall not exceed
32 square feet. The top of such sign shall not be more than nine feet
above grade, and there shall be a clearance of not less than four
feet above grade beneath said sign.
C.
The Division of Building shall receive an application
for a permit not less than two business days before a mobile or temporary
sign is erected or located. Upon receipt of same, an inspection shall
be conducted and a permit issued if said sign is in compliance with
all applicable portions of this chapter.
D.
For the purposes of this subsections, the term "premises"
shall mean an entire shopping center or commercial center.
E.
The applicant may apply for a permit for any length
of time, up to and including 30 days. Such permit may be renewed twice
within a 12 month period, not to exceed 90 days.
F.
Permits shall not be assignable or transferable. No
portion of an application fee shall be refundable once the permit
is written.
G.
Mobile signs and temporary signs shall not be illuminated
or electrified.
H.
No mobile or temporary sign shall be placed in a defined
parking stall in an established shopping center.
I.
All other setback requirements set forth in this chapter
shall be applied to mobile and temporary signs located in other than
established shopping centers.
J.
Only one mobile or temporary sign shall be permitted
per 150 feet of road frontage of the lot upon which the signs are
to be located.
K.
The permit for a mobile or temporary sign shall be
applied for by the entity whose business is advertised upon such sign.
However, the owner of such sign, if different from the advertised
entity, may apply for said permit on behalf of the advertised entity.
L.
Unless specifically excepted, mobile and temporary
signs shall meet all other requirements in this chapter.
M.
Presumption. It shall be presumed that any person,
business or entity identified on any sign, poster, sticker or advertising
device regulated under this chapter, or the owner, agent, registrant,
manager, business, entity or person in charge of any telephone number,
Web site, entity, business or address identified on any sign, poster,
sticker or advertising device regulated under this chapter, is responsible
for the placement of that sign, poster or sticker. This presumption
shall be rebuttable.
[Added 6-19-2007 by L.L. No. 12-2007, effective 6-25-2007]
A.
Purpose. The Town Board hereby finds that while the
proliferation of political signs during political campaigns is unsightly
and distracting to passing motorists, the use of political signs by
candidates for public office offers an inexpensive, yet effective
means, for political expression. Therefore, it is the intent and purpose
of this provision to permit signs to be located within residential,
industrial and commercial zoned districts expressing political messages
in addition to those signs permitted herein but subject to certain
limiting factors so that the visual and aesthetic impact is minimized.
B.
With the consent of the property owner, political
signs not exceeding 16 square feet in area may be located on privately
owned commercial or industrial zoned property for a period not to
exceed 30 days for each political campaign. Only one sign shall be
permitted per candidate for each political campaign and said sign
shall not be placed in a position that will obstruct or impair vision
or traffic in any manner or create a hazard or disturbance to the
health and welfare of the public.
C.
With the consent of the property owner, political
signs not exceeding four square feet in area may be located on privately
owned residential zoned property for a period not to exceed 30 days
for each political campaign. Only one sign shall be permitted per
candidate for each political campaign and said sign shall not be placed
in a position that will obstruct or impair vision or traffic in any
manner or create a hazard or disturbance to the health and welfare
of the public.
D.
Said signs must be removed no later than 15 days after
the election for political office for which said signs were placed.
E.
A temporary permit shall be required for each political
sign. However, a political party or candidate may obtain one temporary
permit for all signs to be located pursuant to this section, provided
that the location of each sign is stated in the application, the consent
of the property owners are attached to the application and the fee
provided herein is paid.
F.
The fee for an individual temporary political sign
permit shall be $5. The fee for a group temporary political sign permit
shall be $50.
G.
No consent
is granted herein for political signs located or placed upon any land
owned by the Town of Brookhaven.
[Added 3-25-2014 by L.L. No. 6-2014, effective 4-1-2014]
H.
No consent
is granted herein for political signs located or placed within the
rights-of-way of the Town of Brookhaven or upon utility poles located
therein.
[Added 3-25-2014 by L.L. No. 6-2014, effective 4-1-2014]
[Amended 6-19-2007 by L.L. No. 12-2007, effective 6-25-2007; 3-25-2014 by L.L. No. 6-2014, effective 4-1-2014]
A.
Declaration of policy. The Town Board hereby finds
that the use of signs, posters, stickers and advertising devices along
public roadways and on public property creates unreasonable distractions
to operators of motor vehicles, creates confusion with regard to traffic
lights, signs and signals, impairs visibility of pedestrians and motor
vehicles, creates safety hazards to the public and, in particular,
pedestrians, distracts from identification of surrounding businesses
and home-house numbering and detracts from the aesthetic character
of buildings, sites, districts and the Town as a whole. In addition,
the Town Board finds that the undue proliferation of signs, posters,
stickers or advertising devices located along public rights-of-way
and on public property detracts from the established character of
adjoining properties and of the neighborhood in which they are located
and depreciates the values of said properties and neighborhoods. It
is hereby found that removal of said signs, posters, stickers or advertising
devices will promote the health, safety, morals and general welfare
of the community in which they are located.
B.
Prohibitions. With the exception of any sign erected
by the Town, county, state or other governmental authority and all
signs pertaining to traffic regulations, parking regulations and fire
zones which are subject to the rules and regulations of the New York
State Vehicle and Traffic Law, no sign, poster, sticker, flag or advertising
device shall be located within or upon the right-of-way of any Town,
state or county road or highway or upon any Town, county or state
or other publicly owned land, or upon any utility pole, tree, fence,
or any other structure or object thereupon.
C.
Removal of signs, posters, stickers or advertising
devices authorized. The Superintendent of Highways or his designee,
Sanitation Inspectors, Town Investigators, Code Enforcement Officers,
and the Department of Public Safety Commissioner, Deputy Commissioner,
Director and Assistant Director are hereby authorized to remove any
sign, poster, sticker or advertising device placed upon any property
owned by the Town of Brookhaven, including but not limited to Town
highways, parks, Town rights-of-way or utility poles within the right-of-way,
or other public lands. Upon receipt of written authorization from
the New York State Department of Transportation and/or the Suffolk
County Department of Public Works, the Superintendent of Highways
or his designee, Sanitation Inspectors, Town Investigators, Code Enforcement
Officers, and the Department of Public Safety Commissioner, Deputy
Commissioner, Director and Assistant Director shall be authorized
to remove signs, posters, stickers or advertising devices in accordance
with this section from state and county roads and highways.
D.
Presumption. It shall be presumed that any person,
business or entity identified on any sign, poster, sticker or advertising
device regulated under this chapter, or the owner, agent, registrant,
manager, business, entity or person in charge of any telephone number,
Web site, entity, business or address identified on any sign, poster,
sticker or advertising device regulated under this chapter, is responsible
for the placement of that sign, poster or sticker. This presumption
shall be rebuttable.
[Amended 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011]
Unless otherwise specified within this chapter, all freestanding
signs permitted by this chapter shall be erected and maintained pursuant
to the following:
A.
Located not less than 10 feet from any side property line.
B.
Located not less than 12 feet from the property line when the abutting
roadway has a posted speed limit of up to 30 miles per hour, not less
than 17 feet from the property line when the abutting roadway has
a posted speed limit of 31 through 40 miles per hour; and not less
than 22 feet from the property line when the abutting roadway has
a posted speed limit of 41 through 55 miles per hour, however, if
the average front setback of existing buildings on the same side of
the street within the same block is less than the above specified
number of feet, then not less than the established average setback.
All signs permitted within this chapter shall
comply with the following requirements:
A.
Illumination of signs shall be accomplished by means
of shielded light sources or in such other manner that no glare shall
extend beyond the property lines of the property upon which such signs
are 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 sign, with the exception
of signs displaying time and temperature, in which case only said
time and temperature shall be permitted to have said moving light
sources. Each message shall be allowed to remain for two seconds.
C.
Any electrical apparatus must be approved by Underwriters'
Laboratories, Inc.
A.
No sign shall be constructed of cloth, oilcloth, paper
or other destructible material for display outside of any building,
except for temporary signs, in which case said signs shall be permissible
if properly mounted on a frame in a stationary manner. Said signs
shall be removed within 90 days of their erection.
B.
No sign or any part thereof, including lighting devices
and reflectors, shall be placed so as to frame or outline any side
of any wall of a building.
C.
No sign which directs attention to a business, service,
entertainment or commodity conducted, sold or offered elsewhere than
upon the premises shall be erected or maintained.
D.
No sign shall be attached to any tree, fence or utility
pole, unless required for safety purposes and placed by the utility.
E.
No banners, streamers, flags, pennants or noise-creating
devices may be attached to or used in connection with any sign or
be used as a sign.
[Amended 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011]
F.
No sign shall be erected or maintained which might
be confused with any traffic control device or which might interfere
with the vision or discernment of any traffic sign or which might
cause danger to public travel.
G.
Except as otherwise permitted in this chapter, no
sign shall be erected or maintained which extends or projects into
any right-of-way.
[Amended 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001; 3-25-2014 by L.L. No. 6-2014, effective 4-1-2014]
A.
Any sign
requiring a permit erected on or after the effective date of this
chapter, which does not have such permit or which does not have a
sign permit number displayed on its face or which has had its permit
revoked or which is prohibited, or any political sign located upon
land owned by the Town of Brookhaven or any political sign located
or placed within the right-of-way or on utility poles located therein,
shall be deemed an illegal sign and in violation of this chapter.
B.
Any sign
for which a sign permit has been issued may be inspected for adequate
maintenance, freedom from any hazardous condition and structural soundness.
If such sign is found to be unsafe, the Chief Building Inspector shall
suspend the sign permit until such time as a satisfactory adjustment
has been made.
C.
No existing
sign may be structurally altered, rebuilt, enlarged, extended, relocated
or modified in any way except in conformity with the provisions of
this section.
A.
Anything to the contrary in this chapter notwithstanding,
after the effective date of this chapter all signs must either conform
to the requirements of this chapter or have a permit, certificate
of existing use or certificate of zoning compliance from the Building
Division.
B.
Any sign existing at the time of the adoption of this
chapter which is altered in any way after the adoption of said chapter
shall be considered to be a new sign and shall be required to comply
with all requirements of this chapter.
[Amended 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001; 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011]
In the event a variance is required, the Board
of Zoning Appeals is authorized to grant relief pursuant to § 85-29.1B
and in conformance with Town Code § 85-28 from the provisions
of this chapter, with or without modification thereto, and may impose
such reasonable conditions upon its grant of approval of any such
relief as it deems appropriate, or may deny the application.
[Amended 11-20-2018 by L.L. No.
26-2018, effective 12-3-2018]
No sign for which a permit is required shall be erected unless
and until the payment of a fee, as established by Town Board Resolution,
is paid.
A.
Application for any and all permits required by this
chapter, except any signs approved in conjunction with a site plan,
or change of use/expansion, shall be made, in writing, in duplicate,
to the Chief Building Inspector, upon forms prescribed and provided
by the Chief Building Inspector, and shall contain but not be limited
to the following:
(1)
The name and address of the applicant, the owner of
the sign and the landowner.
(2)
The location of the building, structure or land to
which or upon which the sign is to be erected.
(3)
A detailed drawing of the proposed sign, indicating
its dimensions and showing any pictorial content or lettering to be
displayed on said sign. Mobile and political signs shall be excepted
from this requirement.
(4)
A survey showing the proposed location of said sign,
its setbacks from front and side yard lines and distance from buildings.
Mobile and political signs shall be excepted from this requirement.
The owner or occupant of any premises which
displays a sign which requires a permit pursuant to this chapter,
shall retain the permit on the premises and exhibit the permit to
any authorized person or persons upon request. Authorized persons
shall include but not be limited to Building Inspectors, Zoning Inspectors
and Town Investigators.
A.
No sign, whether new or existing, shall hereafter
be erected or altered except in conformity with the provisions contained
herein. The sign must be kept clean, neatly painted and free from
all hazards, such as but not limited to faulty wiring and loose fastenings,
and must be maintained at all times in such safe condition as not
to be detrimental to the public health or safety.
B.
In the event of a violation of any of the foregoing provisions, the chief Building Inspector or Chief Fire Marshal shall give written or personal notice, specifying the violation, to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the address as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within 30 days from the date of said notice. In the event that such sign shall not be so conformed or removed, the Chief Building Inspector or Chief Fire Marshal shall thereupon revoke the permit, whereupon said sign shall be deemed an illegal sign pursuant to § 57A-15, and subject to the penalties provided by § 57A-23.
C.
Any permit may also be revoked if such sign no longer
advertises an existing business conducted or product sold on the premises
of if said sign no longer meets the requirements of this chapter.
[Added 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001]
A.
Purpose and intent. In recognition of the negative
visual impacts, including but not limited to the unaesthetic appearance
of many billboards throughout the Town, and particularly in commercially
developed areas and along public roads and highways, it is the intent
and objective of this Town Board to create a more aesthetic visual
environment throughout the Town in keeping with the rural, semi-rural,
and suburban character of its various hamlets, neighborhoods and areas
by limiting, and ultimately eliminating, certain kinds of commercial
signage defined in this chapter as “billboards.”
B.
The construction of new billboards as defined in this
chapter is hereby prohibited in all zoning districts.
C.
All existing billboards as defined in this chapter,
whether or not authorized by a certificate of occupancy, certificate
of conforming use or certificate of zoning compliance, shall be dismantled
and removed from their existing locations on or before December 31,
2004.
D.
Extension of amortization period. In the event that
the dismantling and removal of any billboard on or before December
31, 2004, shall work an unreasonable hardship upon the owner thereof,
said owner may make application to the Board of Zoning Appeals for
a reasonable extension(s) of time, not beyond December 31, 2007, during
which said billboard may be maintained at its present location.
[Added 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011[1]; amended 8-28-2012 by L.L. No. 22-2012, effective 9-11-2012]
A.
Except as otherwise provided in § 57A-23, any sign in existence at the date of adoption of this chapter which does not conform to the provisions of this chapter shall be discontinued and removed on or before December 31, 2015, and the failure to discontinue or remove such nonconforming sign on or before the aforesaid date shall constitute a violation of the provisions of this chapter. All legal nonconforming signs in the Town of Brookhaven at the time of the adoption of this chapter may be maintained until December 31, 2015, but if any change, modification, structural repair or replacement thereof is hereafter made, such sign shall thereafter conform to the provisions of this chapter, provided that a legal nonconforming sign may not be replaced by another nonconforming sign. Nothing herein shall be construed to permit a sign to remain during the amortization period which does not have a valid sign permit, certificate of occupancy or its equivalent.
B.
Extension of amortization period. In the event that the dismantling
and removal of any sign on or before December 31, 2015, shall work
an unreasonable hardship upon the owner thereof, said owner may make
application to the Board of Zoning Appeals for a reasonable extension(s)
of time, not beyond December 31, 2016, during which said sign may
be maintained at its present location.
C.
Exemption: existing signs erected which are located above line of
sound walls along the Long Island Expressway, and wherein the removal
and lowering of said sign would completely obstruct the sign.
[Amended 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001; 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011; 3-25-2014 by L.L. No.
6-2014, effective 4-1-2014]
A.
Any violation of this chapter, except § 57A-11, shall subject the owner of said sign and/or the owner of the land upon which the sign is placed and/or the entity advertised on said sign to a fine of not less than $100 nor more than $500 or to imprisonment for a period not to exceed 15 days, or both.
[Added 12-13-2011 by L.L. No. 28-2011, effective 12-28-2011]
If any clause, sentence, paragraph or section of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not impair or invalidate the remainder hereof,
but such adjudication shall be confined in its operation to the clause,
sentence, paragraph or section directly involved in the controversy
in which judgment shall have been rendered.
