[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville 9-14-1981 as L.L. No. 4-1981; amended in its entirety 1-14-1985
by L.L. No. 1-1985. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Sign Law of the
Incorporated Village of Bayville."
The regulation and control of signs, displays and other advertising
media intended to attract the attention of the general public are necessary
in order to promote the health, safety, morals and general welfare of the
residents of the Incorporated Village of Bayville; to protect and preserve
property and property values therein; and to benefit trade and all matters
related thereto. This chapter has been adopted to regulate, control and restrict
the use of buildings, structures and land for such advertising purposes in
order to promote the benefits so enumerated.
For the purposes of this chapter, the terms used herein are defined
as follows:
- AREA OF A SIGN
- Shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms connecting all of the elements of the matter displayed. A sign may be single-surfaced or multisurfaced. The area of each surface shall be included in the calculation for the maximum permitted area of the sign.
- BUSINESS SIGN
- A sign intended to advertise the use of the property on which it is located for the distribution, production or sale of goods or the performance of services or the name of the proprietor, renter or lessee of the property or structure.
- CONSTRUCTION SIGN
- A temporary sign used to advertise the erection or alteration of a structure on the lot on which it is displayed.
- DIRECTIONAL SIGN
- A nonbusiness sign beneficial to public safety or traffic control in connection with a use on the lot on which it is displayed or beneficial to public convenience and safety in connection with directions to the location of a municipal, religious or noncommercial public facility.
- FREESTANDING SIGN
- A sign standing upon the ground, supported by one or more upright legs or posts standing upon the ground, with or without braces, and not attached to any structure.
- INSIDE SIGN
- See definition of "window sign."
- NAME SIGN
- A sign used solely for showing the name and address of the occupant of a residential structure on the property on which it is displayed.
- PLANNING BOARD
- The Planning Board of the Incorporated Village of Bayville.
- PROFESSIONAL SIGN
- A sign containing not more than the name, address and profession of the occupant of a structure on the property on which it is displayed.
- PROJECTING SIGN
- A wall sign projecting or extending more than 12 inches from the face of the building or structure to which it is attached.
- PROPERTY
- A portion or parcel of land devoted to a certain use or occupied by a building or group of buildings and the customary accessory uses, buildings and open spaces belonging thereto.
- PUBLIC CONVENIENCE SIGN
- A sign used to identify a charitable, hospital, institutional, municipal, nonprofit fraternal or membership, religious or school use of a structure on the lot on which it is displayed.
- SIGN
- Any device for visual communication, either illuminated or nonilluminated, that is used for the purpose of bringing the subject thereof to the attention of the public, whether displayed from the inside or affixed to the outside of a structure or separately constructed.
- TRAFFIC SIGN
- A sign erected by the Village of Bayville or by a town, county or state agency and used to inform, control or direct traffic.
- WALL SIGN
- A sign recessed in or affixed in any manner to a wall of a building or structure.
- WINDOW SIGN
- A sign erected or maintained in the interior of a building, visible from any public or private street or highway. Incidental advertising within an office or business establishment shall not be construed as a window sign, provided that the dimensions of said incidental advertising sign shall not exceed six square feet, and provided further that no window contains more than one such incidental advertising sign.
No signs shall be erected or maintained in the Village of Bayville except
as provided in this chapter.
It shall be unlawful for any person to erect, construct, paint, alter,
relocate, reconstruct, display or maintain or cause to be erected, constructed,
displayed or maintained any sign without first having obtained a sign permit
from the Building Inspector of the Village of Bayville, except for the following
types of signs for which no permit shall be required:
[Amended 7-24-2000]
The fee for a sign permit shall be $35. Such fee shall accompany each
application, which shall be in writing and shall be filed in duplicate with
the Building Inspector. The form for such application shall be as prescribed
by the Building Inspector and shall contain the following information:
A.
The name, address and telephone number of the applicant.
B.
The location of the building, structure or land to which
the sign is to be affixed or upon which the sign is to be erected.
C.
A detailed drawing or blueprint showing a description
of the construction details of the sign and showing the lettering and/or pictorial
matter composing the sign, the method and position of lighting, the position
of any extraneous devices and a location plan showing the position of the
sign on any building or land and its position in relation to nearby buildings
or structures and to any private or public street or highway.
D.
Written consent of the owner of the building, structure
or land to which the sign is to be affixed or upon which the sign is to be
erected, in the event that the applicant is not the owner thereof.
E.
Certification of an electrical inspection by a qualified
person or firm, in the event that the sign is to be illuminated.
Exterior lighting shall not exceed 12 watts per square foot, lamps shall
not project more than two feet from the face of the sign and shall not extend
above the top and sides of the sign more than six inches, and such illumination
will not result in confusion with traffic signals either because of color
or proximity.
A.
Signs may be erected or maintained only in connection
with permitted uses.
B.
A sign readable from two sides and with parallel faces
shall be considered to be one sign.
C.
No sign shall be erected or maintained so as to be distractive
or hazardous or to obstruct visibility with respect to the safety of motorists
or pedestrians proceeding along any public way or entering or leaving a lot.
D.
No signs except directional signs or traffic signs shall
be permitted on public streets or rights-of-way.
E.
No signs shall project above the lowest point of the
roof line of any building or painted onto the building itself.
F.
Signs shall be properly maintained so as to present a
legible appearance. All signs shall be maintained in good repair. Excessively
weathered or faded signs shall be removed or put into a good state of repair.
All business signs shall be removed by the owner of the property within 14
days from the date when business ceases. All temporary signs shall be removed
at the expiration of the event or sale for which they are erected.
G.
Signs shall be hung or erected in a secure and safe manner
so as to present no danger of falling or collapse.
H.
Flashing, rotating, revolving, reflecting, intermittent
or mobile signs shall be prohibited.
I.
Signs painted, erected, affixed or maintained on any
tree, stone or other natural object shall be prohibited.
J.
Business signs shall have a colonial or maritime motif.
A.
Business signs.
(2)
There shall be no more than one business sign permitted
per business, regardless of the method of display employed, except that this
one sign may be a freestanding sign. Further, only one freestanding sign shall
be permitted on any lot regardless of the number of separate or individual
businesses located on such lot.
(3)
Business signs shall be permitted only on the front face
of a structure, except that on a corner lot situated in a business district
a second business sign facing a side street may be permitted as a wall sign;
provided, however, that such second sign faces property situated in a business
district and that said second sign is of a similar design and contains similar
wording to the permitted sign on the building front and is no greater in dimension
than such permitted sign.
B.
Construction signs.
(1)
There shall be one construction sign permitted per lot
upon which construction is taking place.
(2)
The maximum area of a construction sign shall be four
square feet.
(3)
The maximum height of the bottom of a freestanding construction
sign above the ground shall be two feet. The maximum height above the ground
of all other construction signs shall be five feet.
(4)
On developed property, construction signs shall be located
not nearer to an adjacent street than the building line of the premises thereon.
(5)
On undeveloped property, construction signs shall be
located not nearer to an adjacent street than 25 feet.
(6)
Construction signs shall be removed from the premises
on which they are located prior to the issuance of a certificate of occupancy
for the work to which they are related.
C.
Directional signs.
(1)
The maximum area of a directional sign shall be two square
feet.
(2)
The maximum height of the bottom of a directional sign
above the ground shall be five feet.
(3)
The number of directional signs on a lot applicable to
a use thereon shall not exceed the number of approved entrances and exits
thereto.
D.
Freestanding signs.
(1)
No freestanding sign or part thereof shall project over
any property line.
(2)
No such sign or part thereof shall extend more than eight
feet above the average grade of the surrounding area.
(3)
A freestanding business sign shall be located only in
a front yard and shall be no closer to the side lot lines than the required
side yard.
(4)
There shall be only one freestanding sign permitted on
any lot, regardless of the number of separate or individual businesses located
on such lot.
(5)
The maximum dimensions of freestanding signs shall be
three feet high by five feet wide by four inches in thickness.
(6)
The maximum height of the bottom of freestanding signs
above the ground shall be five feet.
(7)
No freestanding sign shall be erected on a lot containing
a projecting sign.
G.
Projecting signs. No projecting sign as heretofore defined
shall be permitted in the Incorporated Village of Bayville.
I.
Wall signs.
(1)
Except on corner lots, there shall be one wall sign permitted
per lot.
(2)
Except on corner lots, wall signs shall face the front
street of the lot on which the building containing the sign is located.
(3)
The size of the sign is determined by selecting an area
on the structure with a continuous unbroken facade. By drawing an imaginary
rectangle within the specific height and length limitations and computing
the square footage, the signable area can be determined. A commercial or industrial
business is allowed a sign size up to a maximum of 34 square feet, and an
institutional business is allowed a sign size up to a maximum of 26 square
feet. The size of a graphic display is computed by applying 1.5 square feet
by the number of linear feet of storefront but should not exceed the signable
area. When two or more businesses occupy the same building, an attempt must
be made to coordinate sign size and style under this program.
(4)
No wall sign shall project over the parapet or eaves
of rooflines, whichever shall be the lower part of the building on which it
is located.
(5)
No wall sign or any part thereof shall project more than
12 inches from the wall to which it is affixed.
(6)
The bottom edge of a business wall sign, or any appendage
thereto, shall not be less than 10 feet above grade at such sign.
(7)
A wall sign shall be permitted only on the front face
of a structure, except that on a corner lot situated in a business district
a second business wall sign of equal or lesser dimension facing a side street
may be permitted; provided, however, that such second sign faces property
situated in a business district and that said second sign is of similar design
to the permitted sign on the building front.
(8)
Nothing herein shall be construed to permit the painting
of any sign on the building itself.
A.
Upon the sale or transfer of any business where there
is a sign not in conformity with this chapter, the new owner, within a reasonable
time, shall remove the nonconforming sign and replace it with a conforming
sign.
B.
All existing nonconforming signs which are substantially
damaged shall be replaced by a conforming sign.
Any person committing an offense, including the owner, agent or general
contractor of a building, premises or part thereof where an offense has been
committed or does exist against any provision of this chapter shall, upon
conviction, be guilty of a violation punishable by a fine of not more than
$250 or imprisonment for not more than 15 days, or both, for each offense.
[Added 4-23-1990 by L.L.
No. 2-1990]
A.
It shall be unlawful for any person to erect, construct,
paint, alter, post, display or maintain or cause to be erected, constructed,
painted, altered, posted, displayed or maintained in the Village of Bayville
any sign announcing, advertising or declaring a garage sale, yard sale or
other similar endeavor without first having obtained a garage sale sign permit
from the Village Clerk of the Village of Bayville. Such permit shall be a
letter signed by the Village Clerk or Deputy Village Clerk or Mayor, in their
absence.
B.
The fee for such a yard sale permit shall be $10 and
shall be accompanied by a letter application setting forth the name and address
of the place and time of the garage or yard sale, signed by one of the owners
of the property where the sale is to take place, specifying the hours of sale
on each day and the specific place where such signs will be posted. In addition,
the applicant shall deposit the sum of $25 with the Village Clerk, who will
hold said sum of $25 as security for the removal of such signs within 24 hours
after the termination of such sale. The Village Clerk or Deputy Clerk, upon
receipt of proof that all such signs have been removed upon termination of
such sale, shall return said deposit of $25 to said applicant.
