[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 9-14-1981 by 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:
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.
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.
A temporary sign used to advertise the erection or alteration
of a structure on the lot on which it is displayed.
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.
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.
See definition of "window 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.
The Planning Board of the Incorporated Village of Bayville.
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.
A wall sign projecting or extending more than 12 inches from
the face of the building or structure to which it is attached.
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.
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.
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.
A sign erected by the Village of Bayville or by a town, county
or state agency and used to inform, control or direct traffic.
A sign recessed in or affixed in any manner to a wall of
a building or structure.
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.
[Added 4-23-1990 by L.L. No. 2-1990; amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 $500 or imprisonment for not more than
15 days, or both, for each offense.
