The erection and maintenance of all advertising
structures, signs, advertising devices, or displays shall conform
to the provisions of this article.
A.
No person, firm, association or corporation, whether
engaged in the business of outdoor advertising or not, shall erect,
maintain or display any billboard, poster panel, bulletin, advertising
structure, advertising sign or other advertising device upon buildings,
structures or land without first obtaining a permit therefor from
the Superintendent of Buildings, as hereinafter provided.
[Amended 3-7-2019 by L.L.
No. 1-2019]
B.
A separate application for permit, as herein required,
shall be made for each separate advertising structure, sign or device
on a form furnished by the Superintendent of Buildings. Each application
shall be accompanied by the written consent of the owner of the real
property upon which such structure, sign, device or display is to
be erected or maintained. Application shall be made in like manner
for a permit to maintain any existing structure, sign, device or display,
or to renew a permit.
[Amended 3-7-2019 by L.L.
No. 1-2019]
C.
No such advertising structure, sign or device, whether
new or existing, shall hereafter be altered, rebuilt, enlarged, extended
or relocated except in conformity with the provisions of this article,
nor shall the wording on any such advertising structure, sign or device
be changed without the approval of the Superintendent of Buildings.
[Amended 3-7-2019 by L.L.
No. 1-2019]
D.
The Superintendent of Buildings shall require that
each advertising structure, sign, device or display for which a permit
is required under the provisions of this article shall bear the permit
number in accordance with rules established by the Superintendent
of Buildings, and, if erected or maintained by an outdoor advertiser,
shall also bear his name.
[Amended 3-7-2019 by L.L.
No. 1-2019]
E.
The Superintendent of Buildings shall have the right
to issue permits, not transferable, for a period of time not exceeding
one year or to refuse the same, and to revoke any permit issued by
him under this article; and if the erection and display of any advertising
device for which a permit is issued by the Superintendent of Buildings
shall be prevented by any zoning board, commission or other public
agency which has jurisdiction over the proposed device or its site,
the permit shall be revoked.
[Amended 3-7-2019 by L.L.
No. 1-2019]
F.
All outdoor advertising structures, signs, devices
or displays shall be removed by the outdoor advertiser or other person,
firm, or corporation erecting, owning, maintaining or displaying the
same, or, in default of removal by the person, firm or corporation
thus primarily charged with such duty by the owner, or tenant, of
the premises upon which the structure or display is maintained, within
30 days from the date of the expiration of revocation of the permit
for same.
A.
The erection and maintenance of ground signs, or pole
signs, which are also classified as ground signs, are governed by
the provisions of this section.
B.
Ground signs shall not exceed 15 feet in height from
the ground level. An open space of at least three feet in height shall
be maintained between the bottom of the sign and the ground, provided
that necessary supports may extend through such space, and the filling
of such space with lattice or slats, leaving at least 50% of the space
open shall not be permitted.
C.
Signs attached to poles shall advertise only the business
conducted on the premises or the products sold thereon. They shall
not exceed a total area of 30 square feet. The total height of such
sign structure shall be not more than 15 feet with a minimum distance
of 10 feet between the bottom of the sign and the surface of the ground.
Only one pole sign shall be permitted for each 100 feet or less of
street frontage, and such pole signs shall be located so that no part
thereof shall project outside the property line.
D.
In residence districts, ground signs on undeveloped
property shall not exceed 100 square feet in area, and they shall
advertise only the sale or rental of premises upon which they are
maintained. Such signs shall conform to the established front and
side yard setbacks for the district in which they are maintained.
E.
In business districts, all signs on undeveloped property,
except pole signs, shall be set back at least 25 feet from any property
line. Grass and weeds between a sign and the street line shall be
kept cut by the owner of such sign.
F.
Fees. At the time of making application for a permit
for a ground sign or pole sign a fee as set from time to time by resolution
of the Board of Trustees shall be paid to the Superintendent of Buildings.
Such permits shall expire one year from date of issuance. Permits
may be renewed on or before the expiration date by making application
to the Superintendent of Buildings and payment of fee therefor, in
an amount as set from time to time by resolution of the Board of Trustees.
[Amended 9-19-2005 by L.L. No. 1-2005; 3-7-2019 by L.L. No. 1-2019]
G.
Cash deposits. Before the issuance of any permit for the erection or maintenance of a ground or pole sign, there shall be paid to the Superintendent of Buildings, in addition to the fee mentioned in Subsection F, a cash deposit in an amount as set from time to time by resolution of the Board of Trustees to guarantee compliance by the owner or tenant with all of the provisions of this article or, in default thereof, to be forfeited to the Incorporated Village of Baxter Estates.
[Amended 9-19-2005 by L.L. No. 1-2005; 3-7-2019 by L.L. No. 1-2019]
A.
No person, firm or corporation shall engage in the
business of outdoor advertising by erecting or maintaining billboards
or poster panels for hire without first having procured a license
from the Superintendent of Buildings to conduct such business.
[Amended 3-7-2019 by L.L.
No. 1-2019]
B.
Application for a license shall be made on forms to
be furnished by the Superintendent of Buildings, who shall examine
such applicant at such time and place as he shall designate as to
his or its qualifications and competency to engage in the business.
The examination shall be practical elementary in character but sufficient
to test qualifications of the applicant in the most approved methods
in connection with said business. Said license shall not be transferable
and any license granted may be revoked by the Superintendent of Buildings
if the licensee violates any provisions of this article. When a license
is revoked a new license shall not again be granted to the same licensee
for at least 30 days.
[Amended 3-7-2019 by L.L.
No. 1-2019]
C.
The initial fee for such license shall be as set from
time to time by resolution of the Board of Trustees, and the license
shall expire on the last day of the calendar year following the date
of issuance. The fee for each yearly renewal of such license shall
be as set from time to time by resolution of the Board of Trustees.
[Amended 9-19-2005 by L.L. No. 1-2005]
D.
Said person, firm or corporation engaged in the business
of outdoor advertising shall, before beginning operations under said
license, file with the Village Board of Trustees of the Incorporated
Village of Baxter Estates a bond in an amount as set from time to
time by resolution of the Board of Trustees, with sureties to be approved
by said Board conditioned for the faithful observance of this article
and to save and keep harmless the Incorporated Village of Baxter Estates
from all damages, liabilities, losses or judgments that may be recovered
against the Village by reason of the negligent erection or maintenance
of any such billboard or poster panel, and/or to reimburse the Village
for any removal expense caused by the failure of the licensee to remove
any such sign.
[Amended 9-19-2005 by L.L. No. 1-2005]
E.
The fee for the erection and maintenance of each billboard
or poster panel for any person, firm or corporation engaged in the
business of outdoor advertising and holding a license in the Incorporated
Village of Baxter Estates shall be as set from time to time by resolution
of the Board of Trustees.
[Amended 9-19-2005 by L.L. No. 1-2005]
[Amended 3-7-2019 by L.L.
No. 1-2019]
The classes of signs and announcements which are exempt from fees and may be erected or maintained upon permit issued by the Superintendent of Buildings are described in this section. Such signs shall be subject to the provisions of § 175-57 of this article, except that it shall not be necessary for the owner thereof to make application for renewal as is provided for signs requiring fees unless there is a change in ownership or an alteration of said sign.
A.
In residence districts:
(1)
One sign displaying the street number and name and
profession of the occupant of the premises, not exceeding one square
foot in area; professional signs only to be illuminated.
(2)
One sign containing four square feet or less upon
real property stating that the property or a part thereof is for sale
or rent. When not attached to a building, the same shall be located
to conform with the minimum front and side yard setbacks of the district
in which it is erected.
(3)
Engineers', architects', building contractors', and/or
subcontractors' sign maintained on buildings or structures only while
construction is actually taking place, provided that no such sign
shall exceed four square feet in area or be located nearer to the
street line than the minimum setback required in the district in which
it is erected.
(4)
A notice or advertisement required by law in any legal
proceeding or put up by public authority.
(5)
A notice of any railroad, transportation or transmission company or corporation, necessary for the direction or information or safety of the public, said sign to project not more than 12 inches into the right-of-way and to conform to the provision of Subsection B(1), C, D and E, inclusive, of this article.
B.
In business districts: Signs permitted in residence
districts are also permitted in business districts and, in addition
thereto, the signs hereinafter described:
(1)
One sign displayed or painted on or applied or attached
to each wall of a building or storefront facing on a public street
and projecting not more than 12 inches from such wall, when used for
advertising the sale or rental of the premises on which it is erected,
or any business conducted or products sold in such building.
(a)
The maximum dimensions of such signs shall not
exceed those hereinafter specified.
[1]
On buildings or storefronts having a total street
frontage of 15 feet or less, for each individual business a maximum
vertical measurement of 2 1/2 feet and a maximum horizontal measurement
of 80% of the total street frontage.
[2]
On buildings or storefronts having a total street
frontage of more than 15 feet and not more than 25 feet, for each
individual business a maximum vertical measurement of three feet and
a maximum horizontal measurement of 80% of the total street frontage.
[3]
On buildings or storefronts having a total street
frontage of more than 25 feet and not more than 40 feet, for each
individual business a maximum vertical measurement of 3 1/2 feet
and a maximum horizontal measurement of 20 feet or 75% of the total
street frontage, whichever is the greater.
[4]
On buildings or storefronts having a total street
frontage of more than 40 feet and not more than 75 feet, for each
individual business a maximum vertical measurement of four feet and
a maximum horizontal measurement of 30 feet or 70% of the total street
frontage, whichever is the greater.
[5]
On buildings or storefronts having a total street
frontage in excess of 75 feet for each individual business a maximum
vertical measurement of 4 1/2 feet and a maximum horizontal measurement
of 52 1/2 feet, or 50% of the total street frontage, whichever
is greater.
(b)
If such sign is irregular in shape, it shall
not, at its greater vertical dimension extend more than six inches
above its permissible vertical measurement, nor shall such extension
exceed 10% of the maximum horizontal measurement.
(c)
No such sign shall be placed so that the top
of the sign shall be more than 15 feet above ground level.
(2)
A sign upon a marquee constructed and maintained in
connection with a hotel or theatre, not exceeding 15 inches in height,
extending to the permissible outer limits of said marquee, no part
of which shall be less than 10 feet above the street surface.
C.
One ground sign on a plot where a retail business
is conducted on undeveloped property, or one ground sign on developed
property where a retail business is conducted in a building having
a front yard setback, said sign to be set parallel to the street line,
except on corner lots, where it may be set diagonally to the corner.
D.
An open space between the bottom of such signs and
the surface of the ground shall be maintained in accordance with the
measurements hereinafter set forth:
|
Sign Description
|
Minimum Open Space Required
(feet)
|
|---|---|
|
Any part of sign set on a front property line
|
7
|
|
Maximum front yard setback of five feet
|
6
|
|
Maximum front yard setback of 10 feet
|
5
|
|
Maximum front yard setback of 15 feet
|
4
|
|
Maximum front yard setback of 20 feet or more
|
3
|
[Amended 3-7-2019 by L.L.
No. 1-2019]
A danger or precautionary sign containing two
square feet or less, relating to the premises, or a sign warning of
the condition or of dangers of travel on a highway may be erected
and maintained for a temporary period without application to the Superintendent
of Buildings for a permit.
A.
No billboard or other structure, or advertising device,
except directional and warning signs, or signs of civic and service
organizations erected by or with the approval of the Board of Trustees
of the Incorporated Village of Baxter Estates, Town Superintendent
of Highways, County Commissioner of Public Works or State Superintendent
of Public Works, or by or with the approval of the Long Island State
Park Commission in control of a state park or parkways, shall be erected
or maintained on the right-of-way of any public highway.
B.
No billboard or other structure or advertising device
shall be erected or maintained where, because of the size, location,
shape, height, wording, designing or lighting, such sign might be
confused as a traffic directional or "stop" sign, or might interfere
with the vision or discernment of a traffic directional or "stop"
and "go" sign, or might otherwise imperil the safety of travel on
street and highways.[1]
[1]
Editor's Note: Former Section 153.3, prohibiting
signs on the side wall of a building unless such side wall has frontage
on a public street, which immediately followed this subsection, was
deleted 9-19-2005 by L.L. No. 1-2005.
C.
No right-angle or projecting sign extending over the
public right-of-way for more than 12 inches shall be permitted.
D.
No sign, display or advertising device not heretofore
classified in this article shall be permitted.
[Added 2-10-1976 by L.L. No. 2-1976]
Signs located on the sides of buildings shall
be permitted subject to the following requirements:
A.
Signs shall only be permitted on the sides of buildings
when such buildings have frontage on a public street; however, the
side of the building on which such sign is placed need not face a
public street.
B.
The bottom edge of the sign shall not be less than
10 feet above the grade of the ground where it intersects the wall
on which such sign is placed.
C.
If there is more than one business conducted in a
building and each of said businesses is conducted by a separate and
distinct occupant, a separate sign may be placed on the side of such
building by each such occupant; provided, however, no such occupant
may place more than one sign on the side of such building. If only
one sign is placed on the side of a building, it shall not exceed
20 square feet in area; if two signs are placed on the side of a building,
the total combined area of the two signs shall not exceed 30 square
feet; if three or more signs are placed on the side of a building,
the total combined area of all signs shall not exceed 50 square feet.
D.
A single sign may contain the name of more than one occupant of a building, provided the sign otherwise conforms to the requirements of this article, and the size limitations set forth in Subsection C hereof are observed.
E.
Signs located on the sides of buildings shall advertise
only the business conducted in that building or the products sold
therein. Such signs may not be illuminated, either by direct or indirect
means. Lettering on such signs shall be painted or applied to a wood,
metal or plastic panel. No painting of letters directly on the side
of the building shall be permitted, nor shall the affixing of letters
of any kind or material on the side of the building be permitted.
F.
The following signs are specifically prohibited: parking directions; temporary "sale" signs; lettering with directional arrows; lettering of an obviously amateur nature; all other signs except those specifically permitted under Subsection E of this section.
G.
The owner of the building shall be the primary party
responsible for compliance with the provisions of this article; however,
nothing herein contained shall be deemed to relieve the tenant or
occupant of a building from the responsibility of complying with the
provisions of this article.
H.
Permits for signs located on the sides of buildings shall be required and obtained in accordance with the provisions of § 175-57 of this article, and the fees required at the time of making application for such a permit shall be in accordance with the provisions of § 175-58F of this article. Before the issuance of any permit for the erection or maintenance of a sign located on the side of a building, there shall be paid to the Superintendent of Buildings a cash deposit as provided in § 175-58G of this article.
[Amended 3-7-2019 by L.L.
No. 1-2019]
I.
All applications for permits for signs located on
the sides of buildings shall be accompanied by the written permission
of the owner of the building. In the case of an application for a
sign on the side of a building which already contains one or more
signs, a sketch shall be included with the application, which sketch
shall adequately and clearly show the location of the signs, relative
to each other, and the dimensions of all signs, both existing and
proposed.
