As used in this chapter, the following terms
shall have the meanings indicated, unless otherwise expressly stated:
Any sign related to a business, commercial enterprise or
profession conducted, or to a commodity or service sold or offered
for sale, upon the premises where such sign is located.
Excluding trade names or logos, the artistic treatment of
lettering or script on a board or sheet of durable weather-resistant
material, similar to a professional nameplate, and may include a compatible
frame or border, and such sign may be illuminated only from the exterior.
A retractable roof-like device or structure, stretched over
a frame and extending from the face or side of a building.
A piece of cloth or other cloth-like material attached at
either end and hanging in front of or on the side of a building. This
definition includes temporary signs, known as "special event signs,"
advertising an opening of a business or special holiday, sale or occasion.
Occupation, skill or service rendered for pay under separate
accounting, and separated from other businesses by a party wall, firewall,
fire separation or similar separation.
The name of a business or commercial enterprise, including
its logo and any illumination thereof, and any accessory signs or
trade names or logos related thereto.
A permanent roof-like device or structure, which may be stretched
over a frame, and extending from the face or side of a building. For
purpose of this article, a canopy is a sign provided that it contains
a symbol, characters or lettering.
A building located at the intersection of two streets with
frontage on each street.
To build, construct, alter, display, relocate, attach, hang,
suspend or affix any sign, and shall also include the painting of
exterior wall signs.
The entire area within the single continuous perimeter enclosing
the extreme limits of lettering or script, representation, emblem,
logo or any figure or similar character, together with any material
or color forming an integral part of the display or color used to
differentiate such sign from the background against which it is placed.
The pole, standard, supports, uprights or structures which support
any sign shall not be included in determining the sign area unless
such supporting method is designed in such a manner so as to form
an integral part of the display. When a sign has two or more faces,
the areas of one face shall be the face area of the sign.
The front or face of a building and the outer surface of
a story or stories of a building which is visible from any private
or public street or highway.
A temporary-type sign or advertising device or structure
or vehicle (except regularly driven, highway-oriented commercial vehicle)
or equipment or appliance used for advertising purposes in connection
with a business promotion enterprise.
Any sign illuminated by electricity, gas or other artificial
light, including reflected light, or a fluorescing surface.
A sign placed inside a building that is visible from the
exterior of the building. This does not include a window sign.
Any light, string of lights or group of lights located or
arranged so as to cast illumination on a sign or draw attention to
a person, activity or business.
Any person, firm, partnership, association, corporation,
company, institution or organization of any kind.
A single column or upright that supports the sign itself.
A temporary-type advertising device that is not installed
but is movable from one location to another, and that retains its
original design character and use for the life of the device.
Any sign which projects from the exterior of a building.
Two or more retail businesses or commercial enterprises or
professional offices having one or more common walls, or which utilize
the same parking area or areas, access ways or outdoor lighting system.
Any material, structure, device or part thereof composed
of lettered or graphic matter which may be placed upon material used
or located out-of-doors, or placed upon the exterior of any building
for display of an advertisement, directional matter or name, or placed
inside the interior of any building so as to be visible from the exterior,
and includes individually mounted lettering or script on a building,
sign, frames, signboards, painted wall signs, hanging signs, illuminated
signs, projecting signs and ground signs. An awning and a canopy shall
be deemed signs. Except when specified otherwise, all signs shall
be on the premises upon which the business or commercial enterprise
is located.
An area on a building that has been designated for the placement
of wall signs on an individual building or a group of similarly constructed
buildings. The sign band is the area of a wall located between eight
feet and 15 above grade level.
A temporary sign that is to be erected and maintained for
a limited period of time to include any announcement used to identify
or advertise a specific upcoming event or activity in any district.
Two or more columns as supports, or an under structure maintained
in a fixed perpendicular condition for supporting the sign itself.
The officer authorized or charged with the duty to enforce
the Sign Law, zoning and other regulations related to buildings and
property, or the deputy so designated.
A sign that is permitted for less than a thirty-day period
which directs attention to an activity or event on the lot on which
the sign is located immediately prior to and/or during the pendency
of such event, and which is removed immediately upon the conclusion
of the same.
A sign that is located upon a railroad overpass or other
type of overpass.
A wall sign with letters placed vertically, one atop the
other, extending beyond the sign band.
A sign located upon the exterior wall of a building.
A sign of any material which is either temporarily or permanently
attached or affixed to the interior or exterior surface of a display
window and is used for advertisements, announcements or notices, directional
matters, company names or trade names and which is related to the
business, products or services provided. Window signs shall not require
permits except as otherwise provided herein.
The following signs shall be permitted in any
district in accordance with the requirements herein and after a permit
shall have been issued by the Superintendent of Buildings.
A.
Professional nameplate, bearing only the name, profession
and numerical telephone number of the resident practitioner, not exceeding
two square feet in area nor one such sign in number and which may
be illuminated by an electric lamp, not exceeding 15 watts of power,
which may not be directed toward any residence.
B.
In nonresidential zoning districts only, sale or rent
sign, advertising the sale or rental only of real property on which
it is placed, provided that there shall be only one such sign, not
to exceed nine square feet in area. In no event shall a sale or rent
sign be permitted to be placed closer to the street than the front
line of the primary structure on the premises. No such sign shall
be attached to a standard.
C.
In residential zoning districts only, sale or rent
sign, advertising the sale or rental only of real property on which
it is placed, provided that there shall be only one such sign, not
to exceed the maximum dimensions of 18 inches by 24 inches in area.
Said sign shall be placed parallel to the front of a dwelling within
five feet of the front building line and may be placed upon a standard,
provided that the top of the sign shall be no higher than 42 inches
above grade.
D.
Building contractors', subcontractors', architects'
or engineers', sign, maintained on buildings while the same are under
construction, provided that there shall be only one such sign not
exceeding four square feet in area. In no event shall any such sign
be permitted to be placed closer to the street than the front line
of the primary structure on the premises. No such sign shall be attached
to a standard.
E.
Institutional identification sign, placed upon a building
or lot of a church, hospital, school or public agency, provided that
there shall be only one such sign not exceeding 16 square feet in
area.
The following signs shall be permitted in any
B-1, B-2 or B-3 District in accordance with the requirements herein
and after approval by the Architectural and Preliminary Site Review
Board.
A.
Wall sign in a B-1, B-2 or B-3 District, attached
to a building wall facing on a public street or parking area and advertising
only the business conducted in such building, provided that:
(1)
There be only one such sign for each business on each
wall permitted.
(2)
The maximum overall dimensions or maximum area of each exterior sign displayed or applied or attached to the wall of a building, including doors and windows, facing on a public street, shall not exceed two feet in height and a horizontal width not exceeding 80% of the width of the building's street frontage, with a maximum horizontal width of 30 feet. All legal existing light box signs not exceeding three feet in height which were erected prior to the effective date of this chapter shall be exempt from removal, provided that they shall be in conformity with § 99-33D of this chapter.
(3)
Corner buildings may have two front signs, one such
sign on each building frontage. However, the sign located on the side
of a building shall not exceed the dimensions of the sign located
on the front of said building.
(4)
If more than one business is located in a building,
total signage for all businesses shall not exceed the requirements
of this article.
(5)
No sign or part thereof except awnings, including
lighting devices and reflectors, shall project more than 18 inches
from the wall except that a light box shall not project more than
10 inches from the wall.
(6)
On the rear or side wall of any building on a plot
abutting on a parking field, there may be one additional exterior
sign with a maximum horizontal measurement which shall not exceed
10 feet of the width of such wall of the building and with a maximum
vertical measurement which shall not exceed two feet, provided that
said sign is located within the sign band. The Architectural and Preliminary
Site Review Board, however, may permit these dimensions to be increased,
but in no case shall the area of the sign exceed 50% of the total
permissible area for an exterior sign on the front of said building.
[Amended 12-7-2004 by L.L. No. 13-2004]
(7)
No sign shall be erected on any roof.
(8)
Any such sign shall be maintained in a good state
of repair and in working order and neatly painted; all projecting
lighting devices, including reflectors and all parts thereof shall
be painted aluminum on the outside.
(9)
Exception. The provisions of Subsection A (1) through (7) above shall not prohibit a sign projecting not more than one foot from the wall of any building and not more than one foot by one foot in an area used to indicate the location on the premises of a public telephone or other public utility facilities for the use of the general public.
B.
Detached or ground sign in the B-1, B-2 and B-3 District
advertising only the business conducted on the premises, provided
that there be only one such sign detached from a building, not to
exceed 20 square feet in area or five feet in height and be located
not less than 10 feet from any property line.
C.
Interior and window signs in the B-1, B-2 and B-3 District: total interior and window signage area shall not exceed 35% of the total area of the window, except as provided in subsection D.
D.
Interior and window signs for supermarkets, groceries,
stores for retail sale of foods which stores have a total floor area
of 4,000 square feet or more and located in the B-1, B-2 and B-3 District:
total interior and window signage shall not exceed 75% of the total
area of such window.
E.
Gasoline station signs. Notwithstanding subdivisions
A and B of this section, the following signs, deemed customary and
essential, shall be permitted as accessory to a gasoline station:
(1)
Signs which are an integral part of gasoline pumps.
(2)
Signs over bays, not to exceed two feet in height,
containing the words "lubrication," "washing" or other such customary
words.
(3)
Signs showing the selling price of gasoline, not to
exceed one such sign for each gasoline pump and attached thereto,
and not to exceed one square foot each.
(4)
Ground signs or pedestal signs not to exceed two in
total number, 20 square feet in area per sign face or 15 feet in height
above the average ground level. No such sign shall project beyond
any lot line.
(5)
Temporary signs, not to exceed two in number or 10
square feet per sign face. Such sign shall advertise some special
seasonal service and shall remain in view only during the periods
October 1 to December 1 and/or April 1 to June 1.
(6)
Wall signs, in conformance to Subdivision A of this
section.
(7)
The subject matter of any sign shall relate only to
the business occupying the lot.
F.
For groups of two or more attached stores, located
together in a single shopping center, signs shall be attached to buildings
and coordinated in material, shape, lettering, color and/or decorative
elements.
A.
No sign shall be erected on the roof of any building
or structure.
B.
No sign shall be painted on the surface of walls or
roofs of any building or structure.
C.
No sign shall be constructed of cloth, oil cloth,
paper or other destructible material for display outside of any building
except for temporary signs. No streamers shall be displayed outside
of any building.
D.
No banners shall be erected or maintained across any
street, unless a permit shall have been granted by the Board of Trustees.
E.
All signs of a temporary nature, such as commercial
posters, banners, promotional devices and other signs of similar nature,
may be granted a temporary permit for a period not to exceed 30 days,
provided that such signs are not attached to fences, trees, utility
poles or the like, and further provided that such signs are not placed
in a position that will obstruct or impair vision or traffic or in
any manner create a hazard or disturbance to the health and welfare
of the general public.
F.
No vertical sign shall be erected as an exterior,
interior or permanent window sign. Any vertical signs legally existing
on the effective date of this chapter shall not require removal.
G.
No sign shall be erected which projects more than
18 inches from the face of any building over any sidewalk, street,
parking field or alley.
H.
No billboard, outdoor advertising or display sign
which directs attention to a house, business, service, entertainment
or commodity conducted, sold or offered elsewhere shall be erected
or maintained. For illustration purposes, an "open house" sign may
not be placed other than upon the premises offered for sale.
I.
No sign shall be attached to any tree, fence or utility
pole.
J.
Exception. The provisions of this article shall not
be deemed to exclude temporary posting of notices by a governmental
agency.
A.
The area, brilliance, character, color, degree, density,
intensity, location and type of illumination shall be the minimum
necessary for the intended purpose of such illumination, consistent
with public safety and welfare.
B.
All sources of illumination shall be shielded or directed
in such a manner that the direct rays therefrom are not cast upon
any property other than the lot on which such illumination is situated.
C.
Illumination shall be steady in nature, not flashing,
moving or changing in brilliance, color or intensity.
D.
Signs shall be illuminated indirectly or internally
with white light. Internally lighted signs are permitted, provided
that such lighting is transmitted through the letters or symbols of
the sign, and further provided that such letters or symbols are designed
for and integrated into the face of the sign prior to erection and
are not glued, pinned or otherwise affixed to the face of the sign.
Internal lighting which shows through the translucent area of the
face of a sign not containing words or symbols shall not be permitted.
E.
Notwithstanding the provisions of Subsection D of this section, exposed neon or other gas-type tubes or incandescent tubing and signs containing words or symbols shaped or formed directly from neon tubes or similar illuminating devices shall be permitted provided that such tubing and signs are enclosed in a rectangular form of which the bottom side may be open. The form shall be deemed part of the sign. All lighting and electrical devices shall comply to all or other generally accepted standards for electrical work. In determining the height of such sign, the bottom of the sign is the lowest point of the sign and the top of the sign shall be the highest point of the sign.
F.
No illumination shall be located so as to be confused
with traffic control signals, either by color or proximity.
G.
Illumination and illuminated signs shall not interfere
with the normal enjoyment of residential uses in adjacent residential
districts.
H.
Neon-type direct illumination which frames the interior
of a window visible from the outside shall not be permitted except
between the hours of 7:00 a.m. and 10:00 p.m. or such other time as
actual business shall be conducted at the premises.
I.
No illuminated sign shall be permitted in any residential
district.
A.
Requirements.
(1)
Height. No person shall erect, hang, permit or allow
to be erected any awning upon or in front of any building owned or
occupied by him which shall project over or upon any street, sidewalk
or public place in the Village of Floral Park unless the lowest portion
of such awning shall be at least 7 1/2 feet above the sidewalk
of such street, highway or public place.
(2)
A canopy shall not exceed three feet in vertical height,
with lettering no greater than two feet. No canopy shall project more
than 18 inches from the wall.
(3)
When a canopy is not used for the display of any advertising,
a sign may be placed above it in the appropriate sign band. However,
such sign shall be limited to a maximum of one foot in vertical measurement.
(4)
No lettering or advertisement on a canopy shall extend
horizontally for a distance greater than 80% of the building frontage.
(5)
An exterior sign containing only a logo or a business
name, which shall not exceed six inches in height, may be painted
on or applied or attached to the front valance of an awning or canopy
over a show window facing on a public street or municipal parking
field, but such sign shall be used only for advertising any business
conducted in the building of which such window is a part.
B.
Inspection. All awnings and canopies heretofore or
hereinafter erected upon or in front of any building in the Village
of Floral Park as provided herein, shall be inspected at least once
each year by the Superintendent of Buildings of the Village of Floral
Park for the purpose of ascertaining that the same shall conform to
the provisions of this chapter.
C.
Continuation. All legally existing awnings and canopies
which were erected prior to the effective date of this chapter shall
not require removal.
Application for permit shall be made to the
Superintendent of Buildings, in writing, upon forms provided by him,
and the application shall contain the following information:
A.
The name, address and telephone number of the applicant.
B.
The location of the building or structure or land
to which or upon which a sign is to be erected.
C.
A detailed drawing or blueprint describing the construction
of the sign and its supporting structure and any illuminating equipment;
the lettering or graphic matter composing the sign; the position of
lighting or other essential devices; a location, plan or site showing
the position of the sign on the land and its position in relation
to nearby buildings or structures and to any private or public street
or highway; an elevation drawing of a building or structure showing
the position of the sign.
D.
A color rendering of the proposed sign, which may be combined with the detailed drawing or blueprint required in Subsection C.
E.
Notarized written consent of the owner or agent of
the building, structure or land to which or on which the sign is to
be erected, in the event that the applicant is not the owner thereof.
Such consent shall contain the address and day telephone number of
the owner and agent.
F.
A copy of the application by a licensed electrician
for inspection of any electrical wiring and equipment for the sign
in order to obtain the necessary electrical certificate of compliance
issued by the New York Board of Fire Underwriters or such other agency
which shall be recognized by the Village.
A.
It shall be the duty of the Superintendent of Buildings, upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted along with the application and, if necessary, examine the building or structure or premises upon which the proposed sign or other advertising device is to be erected. If the proposed sign in compliance with the requirements of this article, the Superintendent of Buildings shall then forward the application to the Architectural and Preliminary Site Review Board for its review in accordance with the procedures and standards set forth in Article VIII. Upon approval by the Architectural and Preliminary Site Review Board, the Superintendent of Buildings shall then, within five days, issue a permit therefor, subject to the prescribed fee. Any person aggrieved by the decision of the Architectural and Preliminary Site Review Board relative to the provisions of this article may appeal such decision to the Board of Trustees.
B.
If the sign authorized under such permit has not been
completed within six months from the date of issuance, the permit
shall expire upon such six-month anniversary date.
C.
If the application, together with the plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of this article, the Superintendent
of Buildings shall disapprove the same and return the plans and specifications
to the applicant.
A.
Any sign for which a permit has issued or is lawfully
nonconforming must be kept clean, neatly painted or refurbished and
free from all hazards, such as but not limited to faulty lighting
or electrical wiring and loose fastenings and equipment, and such
sign shall be maintained in an upright, safe and secure condition
at all times and shall not be detrimental to the public health, safety
and welfare.
B.
In the event of a violation of Subsection A of this section, the Superintendent of Buildings shall give written notice specifying the violation and delivering the same to the recorded owner of the sign and the recorded owner of the land on which the sign is located, either in person or by certified mail, and such notice shall include instructions for compliance with this Sign Law, or for the removal of the violations or the sign itself within 10 days of an appropriate reasonable time from the date of notice. In the event that such sign has not been made to conform within the allotted time, the Superintendent of Buildings shall revoke the sign permit by written notice to the specified owners, and then institute appropriate action to remove or cause removal of such sign. All costs and expense incurred by the Village in said removal or repair shall be assessed against the land or building on which such sign was located. The Superintendent of Buildings may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
A.
Any sign existing on or after the effective date of
this chapter, which no longer advertises an existing business conducted
or product sold on the premises shall be removed by the current owner
of the premises on which such sign is located, after written notice
as provided herein.
B.
The Auperintendent of Buildings shall, upon determining
that such sign exists, notify the owner of the sign, if available,
and the owner of the premises on which the sign is located, in writing,
as provided herein, including specifications of the law and instructions
for the removal of the sign within 30 days or an appropriate reasonable
time from the date of the notice. Upon failure to comply with such
notice within the prescribed time, the Superintendent of Buildings
is hereby authorized to take appropriate action to remove or cause
removal of such sign, and costs incurred shall be paid out of the
Village funds on certification of the Superintendent of Buildings.
Such costs shall be charged to the owner of record of the premises
involved and shall be collected in the manner provided for the collection
of special assessments.
After a sign has been removed from the exterior
of a building for any reason, all metal bracements shall be removed
from the area where the sign was located. Furthermore, if the sign
is not replaced, the area must be covered with an appropriate temporary
covering or permanent refinishing to be approved by the Superintendent
of Buildings. Whenever a sign is removed from a building and is not
replaced by a new sign, the exterior facade of the building must be
restored as nearly as possible to its original condition, matching
the area surrounding that previously occupied by the removed sign.
A.
An existing nonconforming sign shall not be structurally
repaired or enlarged, altered, extended or changed. Any such sign
removed for purposes other than maintenance shall be deemed permanently
removed and may be replaced only in accordance with the provisions
of this article.
B.
All legally existing signs that are nonconforming
only with regard to the placement of the sign outside of the sign
band shall be moved to the appropriate sign band as designated by
the Superintendent of Buildings within six months of the effective
date of this article.
C.
All legal nonconforming signs in existence on the
effective date of the chapter or of any amendment thereto, at the
expiration of eight years from said date, shall be removed and/or
replaced with a conforming sign. The Board of Trustees may, after
public hearing and upon a showing of hardship, extend a permit for
prior legal nonconforming signs for an additional period not to exceed
five years. There shall be no fee for an application for extension
of use.
[Amended 3-1-2005 by L.L. No. 3-2005]
A.
Any applicant aggrieved by any decision of the Superintendent
of Buildings relative to the provisions of this article, may appeal
such decision to the Zoning Board of Appeals as provided in this chapter
and shall comply with all procedural requirements prescribed by such
Board of Appeals.
B.
The Zoning Board of Appeals shall consider the general
purpose and intent of this article so that the health, safety and
welfare of the public is protected. Where strict application of any
of the requirements of this article would result in practical difficulties
or unnecessary hardship, the Board may vary or adapt the requirements
in accordance with this chapter.
Fees for permits pursuant to this article are set forth in § 99-62 hereof.
