A.
Accessory buildings.
(1)
An accessory building, containing either passive or
active accessory uses, may be located in any required side or rear
yard, provided that:
[Amended 11-1-2021 by L.L. No. 13-2021]
(a)
The aggregate of all accessory buildings, regardless of use,
shall not occupy more than 30% of the area in the required rear or
side yard.
(c)
Active accessory use:
[1]
Such building shall not exceed 15 feet in height.
[2]
When situated on lots of half an acre or less, such building
shall not exceed 250 square feet in size. When situated on lots of
over half an acre, such building shall not exceed 300 square feet
in size.
[3]
Such building shall not be constructed with a cellar or below-grade
story.
[4]
Such building shall be set back a minimum of 10 feet from any
lot line and at least 10 feet from the principal building. If such
building is a pool house it shall not be located more than 25 feet
from the pool.
[5]
Only one building containing active accessory uses will be permitted
on a property.
[6]
Such building will be permitted to contain electric, plumbing
and heating.
[7]
Such building shall contain no more than one room except for
when a powder room (toilet and sink) is provided.
[8]
Such building may contain a toilet and sink. No indoor showers
permitted. Shower facilities must be located outside the structure
with no interior access.
[9]
Such building may contain a fridge and sink, however full kitchen
facilities including a cook top, stove or oven or the like are prohibited.
[10]
Sleeping facilities are prohibited.
[12]
At no time shall the active accessory structure
be used in such a manner to cause the emanation therefrom of offensive
or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration
or noise or to be used in such a manner as to cause injury, annoyance
or disturbance of any of the surrounding properties and to their owners
and occupants.
(2)
No accessory building shall project nearer to the
street on which the principal building fronts than such principal
building. Should topographic conditions be such that practical difficulties
would be caused by this requirement with respect to the location of
garages, the Planning Board may authorize the erection of such garages
under the following conditions:
(3)
Flagpoles may be located in any required yard, provided that:
[Added 8-5-2019 by L.L.
No. 7-2019]
B.
Corner lots: obstruction to vision at street intersections.
At all street intersections in all residence districts, that portion
of any corner lot within the triangle formed by the street lines of
such lot and a line drawn between points on each street line 50 feet
distant from their point of intersection shall be cleared of all growth,
except isolated trees, and obstructions above the level three feet
higher than the center line of the street.
C.
Exceptions to yard requirements.
(1)
Permitted obstructions. Cornices or cantilevered roofs
may project not more than three feet into a required yard. Belt courses,
windowsills and other ornamental features may project not more than
six inches into a required yard. Fences or walls with a height in
excess of 6 1/2 feet shall conform to the requirements set forth
herein for buildings. Paved areas, other than such as are needed for
access to the buildings on the lot, shall not project within 15 feet
of a street line or four feet of a lot line.
(2)
Entries and porticos. A roofed-over but unenclosed
projection in the nature of an entry or portico, not more than eight
feet wide and extending not more than six feet out from the front
wall of the building, shall be exempt from front yard requirements
when the building otherwise complies with all other yard restrictions
of this chapter.
(3)
Existing setback. No proposed one- or two-family dwelling
need have a setback greater than the average setback of the two existing
dwellings with the greatest setbacks within 200 feet on each side
of the said proposed dwelling on the same side of the street within
the same block and the same district.
(4)
Fences.
(a)
On any lot or plot, no fence may be erected or maintained on
the rear lot line or any side line of the lot, extending from the
rear line thereof to the setback line of the main building or structure
projected to the side lines of the lot, exceeding 6 1/2 feet
in height; and further, no fence may be erected or maintained on the
front line of the lot or any side lines of the lot, extending from
the front thereof to the side lines of the lot, exceeding three feet
in height. Any fence enclosing a front yard of any lot or plot must
be of open wood-type construction.
[Amended 11-4-2019 by L.L. No. 28-2019]
(5)
Temporary
handicapped ramps meeting ADA standards. Said structures are temporarily
exempt under the following conditions:
[Added 3-23-2016 by L.L.
No. 2-2016]
(a)
The disabled individual for whom the ramp is constructed must reside
at the subject dwelling.
(b)
The request for exemption must be accompanied by a letter from a
doctor and confirms that such ramp structure is medically necessary.
(c)
The structure is either removed or receives the necessary variance
with the subject disabled individual no longer resides at the property.
D.
Single and separate lots. A single and separate lot, as defined in § 250-9 of this chapter, may be used for a one-family residence, provided that an application for a building permit for such use shall be accompanied by a certified title abstract certifying that such lot is, in fact, owned individually and separately from adjoining property. Existing single and separate lots meeting the above stipulations shall comply with the following:
[Amended 6-24-2002 by L.L. No. 7-2002]
|
For One-Family Residences in:
|
For Lots with Width
|
Minimum Width for Any Side Yard
(feet)
|
Total Both Side Yards
(feet)
| ||
|---|---|---|---|---|---|
|
Greater Than
(feet)
|
Less Than
(feet)
| ||||
|
R-A
|
125
|
150
|
20
|
60
| |
|
R-A, R-B1, P-A
|
100
|
125
|
20
|
50
| |
|
R-B1, P-A
|
80
|
100
|
18
|
40
| |
|
R-B2, R-B3, R-M, R-O
|
80
|
100
|
15
|
35
| |
|
R-B2, R-B3, R-M, R-O
|
60
|
80
|
10
|
25
| |
|
R-B2, R-B3, R-M, R-O
|
--
|
60
|
7 1/2
|
5 inches for each foot of lot width
| |
E.
Uniformity of design. In order to avoid monotony of
architectural design, no building permit shall be issued for the erection
of a home located within an approved plat containing five lots or
more if it is substantially like any neighboring building which is
existing or for which a building permit has been issued or is being
concurrently considered.
(1)
A building shall be considered neighboring if it fronts
on the same street as the building being considered and which is the
first or second house along the street in either direction or which
faces the building site being considered from across the street.
(2)
In considering the items listed in Subsection E(3), buildings shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback differences. Buildings between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be alike in related location of such elements.
(3)
Buildings shall be considered substantially alike
unless they differ in at least three of the following respects or
dimensions:
(a)
Setback from the street.
(b)
Relation of a garage visible from the street
to the main structure.
(c)
Length of the main roof ridge.
(d)
Height of the roof ridge above the first floor
elevation.
(e)
Width, measured perpendicular to the main roof
ridge, if the building has a gable extending from the main roof visible
from the street.
(f)
Relationship to each other of either windows,
doors, chimneys or any porch in the front elevation.
(4)
The Planning Board may waive or vary any requirement
of this section where the layout of the neighborhood, road pattern,
topography, observation of natural features, views and the siting
of individual structures is such to avoid monotony of appearance despite
similarity of buildings.
F.
Lighting and sound systems. The provisions of this
section shall apply to all principal and accessory uses or activities
permitted within a residential district or within 200 feet of a residential
district boundary line.
G.
Swimming pools on undersized lots. The provisions of this section shall apply to existing small lots, as described in Subsection D herein, with or without an existing structure thereon.
[Added 8-10-1977 by L.L. No. 8-1977]
(1)
No pool may be constructed closer than five feet to
any existing structure(s).
(2)
No pool may be constructed closer than four feet to
any property line(s).
(3)
No pool may be constructed in a front yard between
the dwelling unit front yard setback line and the front property line.
(4)
No pool may be constructed in a side yard facing a
street between the rear setback line of the dwelling unit and the
front property line.
(5)
All other provisions of § 250-11C(3) herein remain applicable to this provision.
A.
Distance between buildings. The following minimum
distances between buildings shall be observed:
(1)
Between a principal building, other than a one-family
dwelling, and a one-story accessory building: 20 feet.
(2)
Between any two other buildings: a distance equal
to the average height of such buildings at the points where such buildings
are nearest one to the other.
(3)
Notwithstanding any other provision of this chapter
and except as provided hereinafter, no building on any lot shall intrude
into any area enclosed by an arc of a circle with a radius of 60 feet
extending 70º on each side of a line perpendicular to the center
of any window, other than a bathroom or kitchen window, and the exterior
radii of such arc. All measurements shall be performed in horizontal
projection at the sill level of the subject window. This limitation
shall not apply to any wall of the same building the plane of which
intersects the plane of the wall in which the subject window is located
at an exterior angle of more than 90º. A minimum distance of
60 feet shall be maintained between the subject window and any wall
parallel thereto, whether such wall is a part of the same or of another
building on the same lot.
[Amended 7-7-2014 by L.L.
No. 17-2014]
A.
Height regulations. Where a building has frontage on two or more
streets or other public rights-of-way, the height limitation shall
apply only as measured from the curb level along the street or way
with a higher elevation above sea level.
B.
Waiver of yards. No side yard or rear yard shall be required where
such yard abuts an operating railroad right-of-way.
[Amended 3-10-1971; 3-13-1974; 3-7-1984 by L.L. No. 2-1984; 11-5-1986 by L.L. No. 8-1986; 5-6-1996 by L.L. No. 7-1996; 5-8-2000 by L.L. No. 7-2000; 8-28-2000 by L.L. No. 13-2000; 6-26-2006 by L.L. No. 2-2006; 9-9-2013 by L.L. No. 1-2014]
A.
Purpose and intent.
(1)
Purpose. As a prominent part of the visual environment, signs attract
or repel the viewing public. As identification devices, signs must
not subject the viewing public to excessive competition for their
visual attention. The purpose of this section is to promote the public
health, safety and welfare through a comprehensive system of reasonable,
effective, consistent, content-neutral, and nondiscriminatory sign
standards and requirements, as more particularly set forth below:
(a)
To promote the use of signs which are aesthetically pleasing,
of appropriate scale, and integrated with surrounding buildings and
landscape;
(b)
To balance public and private objectives by allowing adequate
signage for business identification;
(c)
To promote attractive signs which clearly present a visual message
in a manner that is compatible with their surroundings. The appearance,
character and quality of the community are affected by the location,
size, construction and graphic designs. Therefore, such signs should
convey their messages clearly and simply, to the enhancement of their
surroundings;
(d)
To prevent property damage and personal injury from signs which
are improperly constructed or poorly maintained;
(e)
To protect property values, the local economy, and the quality
of life by preserving and enhancing the appearance of the streetscape,
which affects the image of the Village of Port Jefferson;
(f)
To provide for a reasonable amortization period for all preexisting
noncompliant signage which do not possess a valid permit from the
Village of Port Jefferson;
(g)
To promote the free flow of traffic and to protect pedestrians
and motorists from injury and property damage resulting from cluttered,
distracting, and/or illegible signage.
(h)
To establish specific signage standards for scenic corridors
to ensure that the number, height, material, lighting, and size of
the signage is not detrimental to the visual quality of such corridors.
B.
AWNING
BANNER or PENNANT
BARREL ROLL AWNING
BILLBOARD
BOX SIGN
CANOPY
DIRECTIONAL SIGN
DIRECTORY SIGN
EMBELLISHMENT
ESTABLISHMENT
FREESTANDING SIGN
HISTORIC NEON SIGN
MANSARD ROOF
MARQUEE
MENU BOX
MODIFICATION or ALTERATION
MONUMENT SIGN
NATURAL GRADE
NEON SIGN
NON-OPAQUE or TRANSLUCENT
OBSOLETE SIGN
OCCUPANCY FRONTAGE
OPAQUE
PARKING ENFORCEMENT SIGN
PEDESTRIAN ACCESS
PITCHED ROOF SIGN
POLE SIGN
PROJECTING OR BLADE SIGN
PUBLIC STREET FRONTAGE
REAL ESTATE SIGN
REAL PROPERTY DEVELOPMENT IDENTIFICATION SIGN
ROOF SIGN
SANDWICH BOARD OR PORTABLE SIGN
SIGN
(1)
(2)
SOFFIT SIGN
TEMPORARY BUSINESS SIGN
THEATER
WALL SIGN
WATERFALL AWNING
WINDOW
WINDOW SIGN
Definitions. The following terms, as used in this section of Article VIII, shall have the following meanings:
Any retractable or fixed shade-producing device made of fabric
covering a rigid skeleton structure attached to a building.
A sign that is painted or displayed on a sheet composed of
fabric, pliable plastic, paper or other nonrigid material, fastened
to the exterior of a building, exterior structure, or in a freestanding
stand or apparatus which allows the pole to remain upright, including
wave, teardrop, bow, feather, kite, wing, sail or other outdoor banners,
but excluding any flag representing any federal, state, other governmental
entity, or not for profit.
Awnings that are rounded from the top to the bottom of the
awning as the awning falls away from the building wall.
A sign relating, in whole or in part, to a business, commodity,
service, entertainment or attraction sold, offered or existing at
a location other than the location where such sign is displayed.
A sign which is capable of being internally lit, which is
formed in any shape, whether regular or irregular, including channel
lettering.
An architectural projection comprised of a rigid structure
over which a fabric covering is attached that provides weather protection,
identity or decoration and is supported at one end by the building
to which it is attached and at the outer end by not less than one
stanchion.
Signs giving only direction to the viewer and containing
no advertising message.
A freestanding or wall sign, which lists multiple establishments
located at a single property or located within a single building.
Structural or decorative elements or enhancements of a sign,
but excluding any symbols, logos or lettering thereon.
A nonresidential entity encompassing a portion of, or the
entirety of, a structure.
A sign detached from any supporting element of a building
and consisting of a double- or single-sided sign face attached to
a double-pole structure embedded in the ground or mounted on its own
self-supporting permanent structure or base. Freestanding signs include
monument signs.
A neon sign in existence prior to the date of incorporation
of the Village of Port Jefferson.
For the purposes of sign placement, mansard roof refers to
the lower, more steeply sloped portion of the roof having a pitch
of a twelve-inch or greater vertical projection for each six-inch
horizontal projection.
A structure over the entrance to a theater, which incorporates
removable letters that can be reconfigured to inform the viewing public
of programming. May contain a cache of light bulbs, which must remain
stationary and unblinking.
An enclosed structure intended to or used to display a menu.
The changing of language, structure, wording, layout, configuration,
size or material, not to include changing of color.
A freestanding sign where the aggregate width of its supports
is equal to or greater than 40% of the width of the sign itself, as
illustrated below.
 |
The highest point of the natural grade of the ground, as
it naturally exists, at the base of a freestanding sign or, in the
case of signs affixed to a structure, at the base of the building
to which such sign is affixed.
A sign capable of being illuminated consisting, in part,
of a glass tube filled with neon, argon, mercury or other gases caused
to emit light by the passage of an electric current and commonly bent
into various forms, or equivalent lighting method or fixture which
has the same appearance or effect as traditional neon.
A window sign is non-opaque or translucent when it allows
the viewing public to see through the signage. This may be accomplished
by, but not limited to, affixing individual lettering to the glass,
allowing the remainder of the glass to be unobstructed, using clear
window decals or frosting a portion of the glass. The end result must
allow the public to be able to visually determine what is on the other
side of the glass while their view is partially, but not significantly,
obstructed.
A sign that no longer directs, advertises or identifies a
legal use, product or activity on the premises where such sign is
displayed.
A single lineal dimension measured horizontally along a wall
of a building which defines the limits of a particular establishment
at that location and which may contain pedestrian access.
A window sign is opaque when it significantly or completely
blocks the viewing public's ability to determine what is behind the
glass. This can be accomplished by, but not limited to, affixing a
poster or solid decal to the window or the frosting of glass, leaving
only lettering or images clear.
Signage located within or at the entrance of a parking lot
that sets forth the rules and regulations relating to the parking
of a vehicle in said lot.
A doorway which has been designed primarily for the use of
the patrons or customers of a permitted use located within a given
structure.
A sign located on a roof of a building or structure whereby
the sign is mounted parallel to the facade of a building or structure
with the bottom portion of the sign directly attached to the roof
and the top of the sign attached to the roof via a strut, bracket
or similar device.
A freestanding sign wholly supported by a single vertical
pole or similar structure embedded in the ground.
A sign attached perpendicularly to a building or structure
that projects from and is supported by a wall of such building or
structure.
A pedestrian walkway fronting a public street or a pedestrian
walkway within a private shopping mall whose establishments are served
by said walkway.
A sign advertising the sale, exchange, lease or rental of
the real property on which said sign is located.
A freestanding sign that directs attention to a residential
subdivision or multiunit residential development.
A sign erected upon a flat roof or parapet of a building
or structure.
A movable sign capable of standing without support or attachment,
or located leaning against but not permanently affixed to a structure.
Any material, device or structure displaying, or intending
to display, one or more messages visually and used for the purpose
of bringing such messages to the attention of the public, but excluding
any lawful display of merchandise for sale. The term "sign" shall
also mean and include any display of one or more of the following:
Any letter, numeral, figure, emblem, picture, outline, character,
spectacle, delineation, announcement, trademark, picture, image, cartoon,
graphic, three-dimensional depiction or logo, excluding the above
listed, utilized for strictly decorative purposes; and
Colored bands, stripes, patterns, outlines or delineations displayed
for the purpose of commercial identification.
A sign affixed to the underside of a roof overhang adjacent
to an establishment.
A sign constructed out of canvas, vinyl, soft plastic or
other flexible material, for the purpose of identifying an establishment
during the process of applying for and receiving a sign permit for
a permanent sign.
A building in which plays and other dramatic performances
are presented, containing a stage, seating affixed to the floor and
a box office.
Any sign mounted on, attached to, incorporated into or painted
on the wall of a building or structure.
Awnings that project straight out from the building wall
at the top of the awning and then roll down away from the wall to
the bottom of the awning.
A structurally framed opening constructed in a wall or roof
that functions to admit light or air. May also include spandrel sections
on multistory buildings.
Any sign painted on or affixed to a window or glass door
of a building or placed in the interior of such building within four
feet from the inside surface of such window or door and visible from
the exterior of such building. Window signs include both signage which
is opaque or partially transparent. This definition is not intended
to include signage displayed in the window of an establishment and
which is available for purchase.
C.
Amortization of preexisting sign.
(1)
New signs. No sign shall be installed or erected within the Village of Port Jefferson on or after the effective date of this section, unless such sign, and any subsequent modifications or alterations thereto, comply with the provisions of this section, including the permit requirements set forth in § 250-31I below.
(2)
Preexisting signs, amortization.
(a)
A sign maintaining a valid permit from the Village of Port Jefferson
may continue to exist, despite its nonconforming nature, until that
time when any modification or alteration to said sign occurs or after
one year from the effective date of this section, whichever is earlier.
(b)
The application fee for a sign permit shall be waived for applicants
modifying, altering, or replacing a preexisting, nonconforming sign
within one year from the effective date of this section.
D.
Exempt and prohibited signs.
(1)
Exempt signs. The following signs, whether existing prior to the effective date or thereafter installed or erected, shall be exempt from the provisions of § 250-31I, related to permits and fees. Any sign not meeting the criteria of this Subsection D(1) shall require a permit.
(a)
Residence nameplate or street number sign.
(b)
Nonilluminated "open," "closed," "vacancy," "no-vacancy," "warning,"
"private drive," "posted," or "no trespassing" signs not exceeding
two square feet in area.
(c)
Flags of the United States.
(d)
Flags of any other political, civic, philanthropic, educational,
religious organization or not-for-profit entity.
(e)
Historical markers, memorial signs and plaques, names of buildings
and dates of erection, and emblems installed by governmental agencies.
(f)
On-premises directional signs and parking enforcement signs
for the convenience of the general public identifying parking areas,
fire zones, entrances and exits not exceeding five square feet in
area and six feet in height.
(g)
Temporary signs in residential districts not exceeding four
square feet and displayed for no more than 30 consecutive days in
a sixty-day period.
(h)
Gasoline and service station integral graphics or attached price
signs on gasoline pumps and auxiliary service signs (e.g., air, water,
rest rooms, state inspections) not exceeding two square feet, and
any other signs required to be posted pursuant to federal or state
or local law.
(i)
Interior signs, whether illuminated or not, intended solely
for internal display and not visible from the exterior of the building
within which they are displayed.
(j)
Historic exterior neon signs, provided no modifications or alterations
are made thereto after the effective date of this section.
(k)
Any real estate sign meeting the requirements set forth in § 250-31F(2)(a);
(l)
Window signs meeting the requirements set forth in § 250-31F(1)(f);
(m)
Secondary wall signs meeting the requirements set forth in § 250-31F(1)(g);
(n)
Secondary soffit signs meeting the requirements set forth in § 250-31F(1)(j);
(p)
Directional signs placed adjacent to public roadways by federal,
state or local governmental entities.
(q)
Fire prevention and emergency egress signs.
(2)
Prohibited signs. The following signs shall not be permitted within
the Village of Port Jefferson:
(a)
Roof signs and pitched roof signs except as otherwise permitted under § 250-31F(1)(a)[3];
(b)
Neon signs or their functional equivalent, except for those
signs meeting the "historic neon" definition;
(c)
Box signs, whether or not internally lit;
(d)
Internally lit signs except as permitted under § 250-31G(3)(c);
(e)
Billboards or any other off-premises signs, including off-premises
real estate or other directional signs;
(f)
Outside banners, pennants, ribbons, flags [except as otherwise permitted in § 250-31D(1) above], streamers, spinners, pennants, whirligigs, inflatables or other similar devices, including those in the shape of products offered for sale, except those items that are actually for sale by the establishment and meet the outdoor display requirements;
(g)
Flashing, blinking or moving signs;
(h)
Signs that compete for attention with or may be mistaken for
a traffic signal;
(i)
Exterior signs made of cardboard, paper, plywood, soft plastic or similar materials, except as permitted under § 250-31F(2)(b) for temporary signs;
(j)
Signs located on waterfall or barrel roll awnings.
E.
Sign measurement. For the purposes of determining compliance with
the area and height requirements throughout this section, the following
shall apply:
(1)
Area.
(a)
The area of a sign having copy mounted, affixed, or painted
on a panel or area distinctively painted, textured, or constructed
as a background for the sign copy shall mean that area contained within
the smallest geometric shape that will enclose both the sign copy
and such background, as illustrated below.
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(b)
The area of a sign having copy mounted as individual letters
or graphics against a wall or fascia of a building or surface of another
structure that has not been painted, textured, or otherwise altered
to provide a distinctive background for the sign copy shall mean the
sum of the areas of the smallest geometric shape(s) that will enclose
each word and each graphic in the total sign, as illustrated below.
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(c)
The area of a sign having copy mounted as individual letters
or graphics on a window or door, that has not been painted, textured,
or otherwise altered to provide a distinctive background for the sign
copy shall mean the total area of the sign including the clear glass
areas between the lettering and graphics.
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(d)
The area of a sign having two faces shall mean the area of the
largest face if the interior angle between them is 30° or less,
or the sum of the area of the two faces if such angle is greater than
30°, as illustrated below.
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(2)
Height. The height of a freestanding sign shall mean the distance from the natural grade to the topmost portion of the higher of the pole or sign, excluding any embellishments permitted in § 250-31F(1)(b) and 250-31F(2)(c) as illustrated below.
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F.
General provisions. The general provisions set forth below shall
apply to all signs within the Village of Port Jefferson.
(1)
Permitted signs:
(a)
Primary wall sign.
[1]
One primary wall sign per occupancy frontage is permitted affixed
to the wall directly adjacent to a public street frontage of a structure.
[a]
If the structure is adjacent to a parking lot and
a wall faces said parking lot, one additional primary wall sign is
permitted on the wall facing the parking lot.
[b]
In cases where more than one establishment is located
within a structure, only those establishments which adjoin the subject
wall may install such a sign. Successive or interior establishments
are prohibited from placing a sign on a wall which does not adjoin
their establishment.
 |
[c]
If the site is adjacent to a public alley or pedestrian
right-of-way, one additional primary wall sign is permitted for the
wall that faces onto the alley or right-of-way. In cases where more
than one establishment is located within a structure, only those establishments
which adjoin the subject wall may install such a sign. Successive
or interior establishments are prohibited from placing a wall sign
on walls which do not adjoin their establishment. {See graphic above
in § 250-31F(1)(a)[1][b]}.
[2]
Wall sign requirements:
[a]
The total area of any one primary wall sign shall
not exceed 1.5 square feet for each horizontal foot of an occupancy
frontage, and shall not exceed 75% of the width of such occupancy
frontage.
(E.g., 15 feet of occupancy frontage equates to 22.5 square
foot maximum.)
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[b]
Wall signs shall not project more than six inches
from the walls on which they are mounted.
[c]
Wall signs shall not extend in any manner above
the facade or roofline of the building or structure containing such
wall, unless expressly permitted in this section.
[d]
The top of said wall sign may not encroach into
the second floor of a structure. In those instances where the topography
of a parcel results in an establishment maintaining a first floor
location on one side of a building, and a second floor location on
another side of the building, a sign may encroach into the second
floor, if it is otherwise permitted by this section. A wall sign may
not encroach into the third floor of a building regardless of topography.
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[3]
Permitted roof signs. Where no wall of a building facing a public
street frontage exists to reasonably accommodate a wall sign, a primary
wall sign affixed to a mansard roof, parapet, railing, or pitched
roof located over a porch or deck of such building shall be permitted.
In no event shall a sign be affixed to a flat or pitched roof of the
building or structure itself.
[a]
No more than one such sign is permitted per occupancy
frontage.
[b]
The vertical midpoint of the sign shall be no higher
than the vertical midpoint of the mansard roof, pitched roof over
a porch or deck, or parapet so that the sign does not project above
the roof peak or break the silhouette of the building.
[c]
The top of the sign shall be no higher than 20
feet above the natural grade.
[d]
The total area of any one permitted roof sign shall
not exceed 1.5 square feet for each horizontal foot of an occupancy
frontage, and shall not exceed 75% of the width of such occupancy
frontage.
[e]
No part of the sign shall project from such mansard
roof, pitched roof over a porch or deck or parapet a distance greater
than 24 inches, and all structural supports, including any angle irons,
guy wires or braces, shall appear to be an integral part of the roof
or roof sign and enclosed or otherwise hidden from view.
 |
[4]
Primary soffit sign. Where no wall of a building, facing a public street frontage, exists to reasonably accommodate a wall sign, and where no permitted roof sign as defined by § 250-31F(1)(a)[3] can be reasonably accommodated, a sign may be hung from the underside of a roof overhang (the soffit) adjacent to the exterior wall of the building facing the public street frontage.
[a]
One such sign is permitted per occupancy frontage,
adjacent to a pedestrian access to a structure.
[b]
Such soffit sign may not be located above the first
floor of the building.
[c]
Such soffit sign must be hung parallel to the front
facade of the building.
[d]
The vertical clearance from the public right-of-way,
or above grade, whichever is less, to the lowest part of the soffit
sign shall be a minimum of eight feet.
[e]
The total area of any one primary soffit sign shall
not exceed 1.5 square feet for each horizontal foot of an occupancy
frontage, and shall not exceed 75% of the width of such occupancy
frontage.
[f]
In no case shall said soffit sign extend beyond
the width of the soffit to which it is affixed.
|
(b)
Freestanding signs and monument signs, including directory signs.
[1]
Only one freestanding sign shall be allowed on a given lot.
[2]
No freestanding sign shall be permitted in the Village of Port
Jefferson unless the entire building to which it relates is set back
from its front property line a minimum distance of 25 feet.
[3]
Said sign may measure 1/2 the frontage of the subject parcel
in square footage, but in no case shall it exceed 20 square feet in
size, excluding embellishments. (E.g., the subject parcel measures
35 feet in width, the proposed sign may measure a total of 17.5 square
feet.)
[4]
Such freestanding sign shall not be erected nearer than six
feet to any building nor encroach on any required side yard and shall
be set back not less than five feet from all property lines.
[5]
Such freestanding sign shall maintain a maximum height of eight
feet from the natural grade to the top of the sign, including embellishments.
[6]
No freestanding sign may be erected in a location, or in such
a manner, which obstructs adequate visibility of oncoming vehicular
or pedestrian traffic.
|
(c)
Pole sign, excluding real estate signs.
[1]
No pole sign shall be permitted in the Village of Port Jefferson
unless the entire building to which it relates is set back a minimum
of five feet from the front property line of the subject lot.
[2]
The sign must be suspended from a horizontal support and may
not exceed a maximum area of eight square feet and must maintain a
minimum of two feet of clear space, except for any necessary supports,
between the bottom of the sign and ground level.
[3]
The sign may maintain a maximum height of six feet from the
natural grade to the top of the pole.
[4]
The sign must be set back a minimum of two feet from all property
lines, must be located in the front yard and adjacent to the main
entrance of the establishment to which it relates.
[5]
No pole sign may be erected in a location or in such a manner
which obstructs adequate visibility of oncoming vehicular or pedestrian
traffic.
[6]
Only one pole sign shall be allowed per lot.
 |
(d)
Awning/canopy. Signs painted on or in the form of an awning or canopy shall be permitted for nonresidential use only, provided they are, in the case of awnings, not located above the first floor of the building to which they are attached and located adjacent to the primary pedestrian entrance of the establishment. Nothing in this section shall prohibit the installation of awnings or canopies, subject to § 250-32 of this chapter, which do not display lettering or in any other way meet the definition of a sign.
[1]
Any identification and lettering on such awnings or canopies
shall be limited to the edge of the awning or canopy bib and shall
be no more than eight inches in height.
[2]
Vertical clearance from grade to the lowest part of the awning
or canopy, including the valance, shall be a minimum of eight feet.
|
(e)
Marquee sign.
[1]
Only one marquee sign shall be allowed for each theater and
must be located adjacent to the main entrance of said theater.
[2]
The front face of the marquee may not exceed 60 square feet
in area.
[3]
The side faces of the marquee may not exceed 40 square feet
in area each.
[4]
No marquee may project more than 10 feet from the front facade
of the theater.
[5]
The vertical clearance from the public right-of-way, or above
grade, whichever is less, to the lowest part of the marquee must be
a minimum of nine feet.
[6]
All lettering and lighting must remain stationary and unblinking.
[7]
Marquee signs may be backlit, but in no case may it incorporate
neon or neon-equivalent lighting.
 |
(f)
Window sign.
[1]
No more than one sign per window or door per occupancy frontage
shall be permitted, provided that if there are more than two windows
and/or doors on any wall, no more than two such signs shall be permitted
on any such wall. (E.g., where an establishment has two windows and
two doors, no more than one window sign and one door sign may be present.)
[2]
Poster or opaque signage. The total area of signage, whether
temporary or permanent in nature, shall not exceed 15% of the area
of the window in which it appears, or 10% of the glass coverage area
of the door to which it is painted or affixed.
[3]
No window or door sign shall ever exceed 10 square feet.
[4]
Non-opaque, clear window decals, etched glass or individual
lettering. The total area of signage, whether temporary or permanent
in nature, shall not exceed 35% of the area of the window in which
it appears, or 10% of the glass coverage area of the door to which
it is painted or affixed.
[5]
Window signs exceeding the permitted dimensions shall be considered primary wall signs and shall comply with the standards for such signs in § 250-31F(1)(f)[3] above.
[6]
Window signs shall not be illuminated either directly or indirectly.
[7]
Window signs shall only be allowed in windows that are located
directly adjacent to the primary pedestrian entrance of the subject
establishment. In the event that multiple establishments share a single
primary pedestrian access, no more than one sign per window or door
shall be permitted regardless of the number of establishments present
therein.
 |
(g)
Secondary wall sign.
[1]
No more than one secondary wall sign shall be allowed per occupancy
frontage, provided said sign does not exceed four square feet in total
area.
[2]
Secondary wall signs shall only be affixed to a building adjacent
to the primary pedestrian entrance of the establishment.
[3]
In no instance shall the secondary wall sign encroach into the
second story of a building or structure, nor above the roofline.
[4]
Menu boxes are secondary wall signs.
(h)
Directory wall sign.
[1]
In the case of multiple units that are located in a single building
and are accessed by a single pedestrian entrance, a sign may be affixed
to the wall of such a building, adjacent to the shared entrance, identifying
the establishments located therein.
[2]
The sign shall not exceed six square feet in area; however,
if such building contains five or more separate units, such sign may
exceed the area limitations above, but in no event shall it exceed
10 square feet.
[3]
A directory wall sign shall count as the one secondary wall
sign permitted for the building.
[4]
No more than one directory wall sign shall be allowed per building.
(i)
Sandwich board signs and portable signs.
[1]
The placing of portable signs and sandwich board signs on the
public sidewalk is prohibited. For the purpose of this section, the
terms "sandwich board signs" and "portable signs" shall be used interchangeably.
[a]
Portable signs may be placed on private property,
directly adjacent to the storefront or public street frontage of the
establishment to which they refer.
[b]
One portable sign is authorized per occupancy frontage.
[c]
Said sign may only be located outside the establishment
when it is open for business and must be removed when the establishment
is closed.
[d]
The portable sign shall not exceed 40 inches in
height, 30 inches in width and 24 inches in depth.
[e]
The portable sign shall be placed directly adjacent
to, and abutting the front facade of the establishment, shall not
extend beyond the width of the front facade, and shall not block or
otherwise obstruct safe access to that establishment or to any adjoining
property.
[f]
The portable sign shall not extend more than 24
inches from the front facade of the building.
[g]
The portable sign must be placed in such a manner
as to preserve 66 inches of the sidewalk, whether public, private
or a combination of both, free and clear of any obstruction to pedestrian
traffic. In areas where existing sidewalk obstructions such as utility
poles, trees, lamp posts, trash cans or other obstructions exist,
66 inches of unobstructed sidewalk must be preserved between the existing
sidewalk obstruction and the portable sign.
[h]
Whenever the health, safety, welfare or convenience
of the public or any other governmental purpose require, the Mayor
is authorized to temporarily suspend the placement of portable signs.
[i]
Sandwich board or portable signs may not be placed
upon or encroach into public property.
(j)
Secondary soffit sign, excluding blade or perpendicular signs.
[1]
No more than one secondary soffit sign shall be allowed per
occupancy frontage.
[2]
Such soffit sign may not be located above the first floor of
the building to which they are attached.
[3]
Such soffit sign must be hung parallel to the front facade of
the building.
[4]
The vertical clearance from the public right-of-way, or above
grade, whichever is less, to the lowest part of the soffit sign shall
be a minimum of eight feet.
[5]
Such soffit sign may only be affixed to the soffit adjacent
to the primary pedestrian entrance of an establishment.
[6]
The area of such sign shall not exceed four square feet.
(k)
Projecting or blade sign. For the purpose of this section, the
terms "projecting sign" and "blade sign" shall be used interchangeably.
[1]
No more than one blade sign shall be permitted per occupancy
frontage.
[2]
Such blade sign shall project no more than 30 inches from the
building, this measurement shall include the horizontal arm on which
the blade sign is hung.
[3]
Such blade sign must be located within a minimum of six inches
of the facade of the building.
[4]
Such blade sign shall not exceed five square feet in area.
[5]
Such blade sign shall not encroach more than 1/3 of the way
into the second story of a given structure.
[6]
Such blade sign may only be affixed to the facade of a building
adjacent to the primary pedestrian entrance of the establishment to
which it refers.
[7]
The vertical clearance from the public right-of-way, or above
grade, whichever is less, to the lowest part of the blade sign shall
be a minimum of eight feet.
|
(2)
Miscellaneous signs. Signs described in this section are permitted
in all zoning districts.
(a)
Real estate signs.
[1]
Any property owner may display anywhere on his property no more
than one real estate sign, provided that such sign shall not be illuminated,
shall not exceed four square feet in area, shall not be greater than
four feet in height above grade, shall not be placed in or interfere
with any public or street right-of-way or lines of sight, and shall
not be placed on any other property than the one to which it refers.
[2]
Any nonresidential property owner may display anywhere on his
property no more than one real estate sign, provided that such sign
shall not be illuminated, shall not exceed 16 square feet in area,
shall not be placed in or interfere with any public or street right-of-way
or lines of sight, and shall not be placed on any other property than
the one to which it refers.
[3]
All such signs shall be removed within 15 days after the property
to which they relate is no longer for sale, lease, rent or exchange.
(b)
Temporary business signs. No more than one temporary business
sign may be located on a parcel for each establishment legally permitted
and for which a sign permit has been applied. A temporary business
sign must be removed immediately upon the erection of a permanent
business sign permitted under an approved sign permit, or 90 days
from the date the temporary business sign was erected, whichever occurs
first.
[1]
Each temporary business sign shall prominently display on the
lower-right-hand corner of the face of such sign the sign permit application
number, which shall be 3/4 inch in height and shall be legible and
clearly visible.
[2]
The temporary sign shall be no higher than four feet above grade
unless affixed to a legally existing sign. Temporary business signs
shall not be illuminated unless the sign is mounted to a legally existing
sign with conforming illumination.
[3]
A temporary business sign shall be limited to four square feet
in area and consist of a white nonreflective background with black
block lettering.
G.
Zoning districts. All signage not expressly permitted in a zoning
district is prohibited.
(1)
Residential Districts R-A, R-A1, R-B1, R-B2, R-B3, R-M.
(a)
Professional office or studio, which maintains approval from
the Planning Board: No more than one freestanding sign or pole shall
be permitted per lot, provided said sign does not exceed two square
feet in size.
(b)
Bed-and-breakfast, which maintains a special use permit from
the Board of Trustees: No more than one freestanding or pole sign
shall be permitted per lot, provided said sign does not exceed three
square feet.
(c)
Private country clubs: No more than one freestanding or pole
sign shall be permitted facing each street on which the club is located,
provided said sign does not exceed six square feet.
(d)
Public facility and utility installations: No more than one
freestanding sign or pole shall be permitted per lot, provided said
sign does not exceed three square feet in size.
(e)
Nursery schools or day nurseries: No more than one freestanding
or pole sign shall be permitted per lot, provided said sign does not
exceed three square feet.
(f)
Municipal and special district buildings: No more than one freestanding
sign or pole shall be permitted per lot, provided said sign does not
exceed three square feet in size.
(2)
Residence-Office District R-O.
(b)
In addition to the signs listed in § 250-31G(2)(a) above, the establishment may maintain or install one of the following signs:
(3)
Professional Office P-O.
(b)
In addition to the signs listed in § 250-31G(3)(a) above, the establishment may maintain or install one of the following signs:
(c)
Hospital exceptions. Signage notifying the viewing public of
the entrance to, and giving direction to, an emergency department
entrance may be internally lit.
(4)
Commercial Districts C-1 and C-2. Establishments located within C-1
District may maintain or install four of the following sign types:
(Note: No more than one of each kind of sign shall be permitted; e.g.,
never more than one secondary wall sign shall be permitted for a single
establishment.)
(5)
Waterfront-Public Utility W-P.
(b)
In addition to the signs listed in § 250-31G(5)(a) above, the establishment may maintain or install one of the following signs:
(6)
Light Industrial I-2. Establishments located within I-2 District
may maintain or install two of the following sign types: (Note: No
more than one of each kind of sign shall be permitted; e.g., never
more than one secondary wall sign shall be permitted for a single
establishment.)
(7)
Marina-Waterfront Districts.
(a)
Establishments located within MW-1 District may maintain or
install two of the following sign types: (Note: No more than one of
each kind of sign shall be permitted; e.g., never more than one blade
sign shall be permitted for a single establishment.)
(b)
Establishments located within MW-2 District may maintain or
install four of the following sign types: (Note: No more than one
of each kind of sign shall be permitted; e.g., never more than one
blade sign shall be permitted for a single establishment.)
(c)
MW-3: Signage is prohibited.
H.
Illumination. Lighting of signs shall be limited to direct illumination from a shielded low-intensity light source. Internally lit signs are prohibited unless expressly permitted in § 250-31G(3)(c).
I.
Permits. Except for signs expressly exempt in § 250-31D(1) above, permits shall be required for all signs in the Village of Port Jefferson.
(1)
Applications for sign permits shall be made to, and upon forms provided
by, the Building Department, and shall include plans, specifications,
drawings and other such information as the Department may require.
(a)
The Building Inspector shall determine whether such proposed
sign complies with all the requirements of this section and all other
applicable laws and regulations of the Village of Port Jefferson before
authorizing issuance of a sign permit.
(b)
Signs existing prior to the enaction of this section and maintaining
a proper sign permit shall be issued a badge which shall be affixed
to the sign by, or in the presence of, a member of the Building Department.
Said badge shall be prominently and permanently displayed on the lower-right-hand
corner on the face of such sign. If said badge does not remain affixed
to the sign, it is the responsibility of the applicant to request
a replacement badge. All costs for the replacement badge will be paid
by the applicant.
(c)
Signs which are issued sign permits after the enaction of this
section shall be issued a permit number which must be permanently
incorporated into the design of the sign on the lower-right corner
of the face of such sign.
(d)
Any sign which does not have a permit or permit number displayed
on its face, or which has had its permit revoked, shall be in violation
of this section.
(2)
Permit requirements for all signage within the Village of Port Jefferson,
unless otherwise specified above.
(a)
Notwithstanding the dimensional and locational requirements
set forth above, all signs which require permitting in the Village
must comply with the following design standards:
[1]
Signs must be in scale with and relate to the architecture of
building to which it is affixed. A sign may not cover any architectural
details, such as arches, transom windows, moldings, columns, capitals,
sills, cornices and the like.
[2]
Signs may consist of wood, sign foam, aluminum, metal, concrete,
stone or canvas stretched over a wood or metal frame. All other materials
are prohibited.
[3]
Signs must maintain a dimensional appearance. Dimension may
be created by, but not limited to, carving, sandblasting, embellishing
or layering of materials, painting or through the employment of a
combination of techniques. It is the purpose of this standard to eliminate
flat or one-dimensional signage and encourage greater visual interest.
Marquee, window and awning signs are exempt from this requirement.
[4]
Layout should be orderly and graphics concise.
[5]
Groups of related signs should express uniformity and create
a sense of harmonious appearance.
[6]
The Building Inspector may refer any sign application to the
Architectural Review Committee for review and comment: The Architectural
Review Committee has two weeks from the referral date to forward its
comment to the Building Inspector for consideration.
(b)
Upon the Building Inspectors determination that the proposed sign does not meet the provisions set forth in this § 250-31, applicant may either amend the application and proposed sign to conform to the Code, or apply to the Board of Zoning Appeals for relief.
[1]
Upon application to the Board of Zoning Appeals for relief,
the application may be forwarded to the Architectural Review Committee
for comment. The Architectural Review Committee has two weeks from
the referral date to forward its comment to the Board of Zoning Appeals
for consideration.
(3)
Permit fee: See the Table of Fees included as an attachment to this chapter. An application for a sign permit will not be considered by the Building Department until all fees set forth in said table have been paid to the Village.
J.
Penalties for violations.
(1)
Any violation of this section, or of any condition or requirement
of the Building Department or the Zoning Board of Appeals, may be
restrained, corrected or abated, as the case may be, by injunction
or other appropriate proceedings pursuant to state law and/or the
Village of Port Jefferson Code. Furthermore, the remedies of the Village
shall include, but not limited to:
(a)
Issuing a stop-work order for any and all work on any sign;
(b)
Issuing an order to remedy;
(c)
Seeking an injunction or other order of restraint or abatement
requiring the removal of the sign or the correction or repair of the
nonconformity or hazard;
(d)
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson;
(e)
Seeking, in court, the imposition of any penalties that may
be imposed under the Zoning Code; and
(f)
In the case of a sign that poses an immediate danger to the
public health or safety, taking such immediate measures as are available
to the Village under the applicable provisions of the Zoning Code
and/or Building Code.
(2)
In nonemergency matters, the Building Inspector, Fire Marshal, Code
Enforcement Officers or Ordinance Inspectors, as appropriate, shall
cause a notice of such violation to be served on the owner of the
building, structure, or lot where said sign is located or the lessee
or tenant thereof, requiring such owner, lessee or tenant to remove
such illegal sign or take other appropriate action within five days
of receipt of such notice. Such notice may be served personally, or
by certified mail, return receipt requested, to either the property
address where the sign is located or a known address of any such individual.
[Amended 10-7-2019 by L.L. No. 14-2019]
K.
Sign maintenance, inspection and restoration.
(1)
Maintenance. All signs within the Village of Port Jefferson shall
be properly maintained. Such maintenance shall include periodic cleaning,
replacement of flickering, burned-out or broken light bulbs or fixtures,
repair or replacement of any faded, peeled, cracked or otherwise damaged
or broken parts, and any other activity needed to conform a sign to
the provisions of this section and to the provisions of any permit
relating thereto. Likewise, the areas surrounding all freestanding
signs shall be properly maintained, including the removal of all rubbish,
debris and graffiti, and, if landscaped, free of weeds and otherwise
properly maintained.
(2)
Inspections. Every sign existing within the Village of Port Jefferson, including those signs for which a sign permit has been issued, may be inspected for compliance with the provisions of this section, proper maintenance, freedom from any hazardous conditions and structural soundness. If any sign is found to be noncompliant, inadequately maintained, hazardous or unsafe, the Building Inspector shall revoke the sign permit and subject to violation pursuant to § 250-31J above.
(3)
Restoration. Upon replacement or removal of any sign and structure,
the area of the sign, structure of all adjoining areas shall be restored
to match the existing surrounding conditions.
L.
Miscellaneous provisions.
(1)
Noncommercial signs are allowed in all districts and may be substituted
for any sign expressly allowed under this section, subject to all
regulations referring to time, place and manner set forth herein.
(2)
Rights-of-way. No sign, other than a sign erected by a governmental
agency, shall be erected or placed within the right-of-way lines of
a public street or walkway. Any such sign may be removed by the Village
without notice to the owner.
(3)
Sign supports. No lettering shall be permitted on any sign supports.
(4)
Wind loads. All signs, associated supports, fasteners, appurtenances
and the supporting structure and/or assembly shall meet the standards
of the latest version of § 1609 of the Building Code of
the State of New York, entitled "Wind Loads."
(5)
Village signs. Nothing contained in this section shall be construed
to prohibit, limit or restrict the Village of Port Jefferson from
erecting and maintaining any signs deemed by it to be in the public
interest.
(6)
Obsolete signs. Obsolete signs and their supporting structures shall
be removed within 60 days after the use or activity they identify
has ceased or the property on which they are located has become vacant.
M.
Severability. If any clause, sentence, paragraph, section, article,
chapter or part of this section or of any local law, ordinance or
resolution included in this Code now or through supplementation shall
be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence,
paragraph, section, article, chapter or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
[Added 9-9-2013 by L.L.
No. 3-2014]
A.
Intent.
(1)
Well-designed and visual displays of merchandise outside of
businesses can be an attractive part of the streetscape and enhance
the experience of shoppers and pedestrians. Such displays can also
help business owners to attract potential customers to enter their
establishments.
(2)
However, street displays must be properly regulated to prevent
obstruction of the public right-of-way, provide for safe passage of
pedestrians, and avoid visual obstruction of pedestrians seeking to
safely navigate the sidewalk.
(3)
At a minimum, pedestrian safety requires that the minimum existing
sidewalk clearance of approximately 66 inches not be further reduced
in any of the commercial areas of the Village. Also, wherever possible,
wider sidewalk clearances should be preserved where they now exist
or are created in the future, especially on streets which experience
periodic high pedestrian volumes. Public safety also requires that
such displays remain below the line of sight of a pedestrian seeking
to navigate the sidewalk.
(4)
Further, merchandise displays are intended only for the purpose
of exhibiting a modest sample of goods offered for sale, and must
not result in the creation of a flea-market-like atmosphere in which
a large portion of a merchant's stock is displayed. In balancing these
interests on public property, the interests of the general public
and pedestrians must be of paramount concern, and the interests of
vendors secondary.
B.
DISPLAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any tables, chairs, cabinets or combination thereof, or any
booth, tent, street or sidewalk stand, any restaurant, eatery, or
cafe table, or any other outdoor, temporary place for the sale of
goods, merchandise, items, services, food, or beverages.
C.
Displays are prohibited on any public street, sidewalk, park or recreational
facility, municipal parking lot, or any other public land except by
special permit issued by the Board of Trustees. Displays on private
property are permitted subject to the restrictions set forth in this
chapter.
D.
The display of merchandise for sale outside an establishment shall
be permitted as follows:
(1)
Displays may be placed on private property outside of establishments,
subject to the following restrictions:
(a)
Displays are authorized only in front of restaurants, shops
and other operating commercial establishments.
(b)
Displays shall be placed only when the establishment is open
for business and must be completely removed when the establishment
is closed.
(c)
Displays may include tables and cabinets which shall not exceed
40 inches in height and 24 inches in depth.
(d)
Tables and cabinets may be used to expose for sale merchandise
of the same nature as that sold in the commercial establishment placing
them.
(e)
Displays are limited to the front facade of the commercial establishment
placing them, shall not extend beyond the width of the front facade,
and shall not block or otherwise obstruct safe access to that commercial
establishment or to any adjoining property.
(f)
Displays shall be placed abutting against the front facade and
adjacent to the primary pedestrian access to the commercial establishment.
(g)
Displays shall not extend more than 24 inches from the front
facade of the building.
(h)
Displays must be placed in such manner as to preserve 66 inches
of the sidewalk free and clear of any obstruction to pedestrian traffic.
In areas where existing sidewalk obstructions such as utility poles,
trees, lampposts, or trash cans are in place, 66 inches of unobstructed
sidewalk must be preserved between the existing sidewalk obstruction
and the display.
(2)
In considering an application for a special permit under Subsection C, the Board of Trustees may consider the applicant's ability to conform its display to the restrictions in Subsection D(1) as well as the health, safety, welfare and convenience of the public, pedestrian access to the streets, sidewalks, and public grounds and the accommodation of special events such as street fairs. Permits issued pursuant to this section shall not exceed 72 hours. The fee for special permits shall be set by resolution of the Board of Trustees.
E.
Whenever the health, safety, welfare or convenience of the public
or any other governmental purpose require, the Mayor is authorized
to temporarily suspend the placement of displays.
[Added 8-3-1983 by L.L. No. 5-1983; amended 5-8-2000 by L.L. No. 8-2000; 10-16-2000 by L.L. No. 17-2000; 12-18-2000 by L.L. No. 21-2000; 6-26-2006 by L.L. No. 2-2006]
A.
Awning permits.
(1)
No awnings shall be replaced, refurbished, erected, moved, enlarged
or reconstructed unless application for a permit therefor has first
been made to the Building Inspector and until the permit has been
issued by the Building Inspector.
(2)
Every application for an awning permit made to the Building Inspector
shall contain the following information:
(4)
No awning for which a permit is required shall be erected unless
and until an inspection fee has been paid in the office of the Building
Inspector.[1]
[1]
Editor's Note: See the Table of Fees included as an attachment to this chapter.
[Added 12-6-1993 by L.L. No. 4-1993; amended 1-5-2015 by L.L. No. 1-2015]
A.
Installation of exterior security gates prohibited. The installation
of security gates on the front exterior of commercial storefronts,
restaurants and offices, including both display windows and entrance
doors, shall be prohibited.
B.
Presently existing exterior security gates.
(1)
Any presently existing exterior security gates legally installed
prior to passage of this section shall be removed immediately upon
change of ownership of the premises where said security gate exists
or upon change of tenancy in the commercial premises where said security
gate exists, whichever occurs first.
(2)
Any presently existing security gate which encroaches on Village
property shall be removed by the owner or tenant of the premises where
the same is located immediately.
[Amended 6-6-1979 by L.L. No. 10-1979; 10-3-1979 by L.L. No. 18-1979; 9-26-1984 by L.L. No. 6-1984; 7-9-1986 by L.L. No. 4-1986; 7-16-1986 by L.L. No. 6-1986; 8-4-1997 by L.L. No. 6-1997]
A.
The following provisions shall govern the placement and use of driveways
within the Village. Any deviation from the following provisions shall
require a variance issued by the Zoning Board of Appeals. For the
purposes of this section, a driveway is that portion of the yard used
for the purpose of affording vehicles a parking space and/or a means
of ingress and egress between private property and a highway or private
street.
[Amended 9-8-2014 by L.L.
No. 21-2014]
(1)
No driveway shall provide access to a lot located in another district,
which lot is used for any use prohibited in a district in which such
driveway is located.
(2)
All driveways providing access to any lot shall be located entirely
on such lot, and no portion of such driveway shall be located upon
adjoining lots, in whole or in part.
(3)
Provisions applicable to driveways in the R-A, R-A1, R-B1, R-B2,
R-B3, and R-M Districts.
(a)
Any part of a driveway which is located forward of the front
foundation line of a dwelling and forward of a garage may not exceed
the width of the garage door by more than five feet and may not be
located less than five feet from any side lot line.
(b)
Any part of a driveway which is located forward of the front
foundation line of a dwelling where there is no garage may not exceed
20 feet in width and may not be located less than five feet from any
side lot line.
(c)
All vehicles must be parked in a garage or on a driveway.
All properties shall be suitably landscaped,
except for areas covered by buildings or surfaced as parking or service
areas. All landscaping shall be properly maintained throughout the
life of any use on any lot.
A.
In all districts containing residences and along residence
district boundary lines where nonresidential uses abut residential
properties, there shall be planted along such property lines sufficient
trees, hedges or shrubbery, as approved by the Planning Board, to
ultimately prevent the visual intrusion of such nonresidential uses
into residential properties.
B.
No part of any structure within the Waterfront - Public
Utility W-P District or the Light Industrial I-2 District may be within
100 feet of any residential district boundary line. Such area shall
be initially landscaped with suitable hedging, shrubbery and trees,
as approved by the Planning Board, to screen and minimize transmission
of sound and other disturbing influences. No accessory uses shall
be permitted within said area, except that parking may be permitted
within 50 feet of any such residential district boundary line.
[Amended 1-2-1976 by L.L. No. 1-1976]
A.
All buildings in all districts shall be provided with
adequate means for collecting and containing drain water from said
buildings.
B.
In any case in which property in any district has been disturbed so as to change the natural drainage of water over it, provision shall be made with respect to said property for containing rain or other waters flowing over it and for complying with Chapter 211, Sewers, of the Code of the Village of Port Jefferson and the Village rules and regulations for soil control.
A.
In no district shall any outdoor lighting be maintained
except in such a manner as to be adequately shielded and as to be
directed only at or upon the lot upon which said lighting is situated.
B.
A lighting plan shall be submitted to the Village
Planning Board as part of any site development plan application. The
Village Planning Board may limit the type, location, intensity, height,
hours of operation, etc., of all lighting devices proposed.
[Added 6-26-2006 by L.L. No. 4-2006]
[Added 12-27-2011 by L.L.
No. 23-2014[1]]
A.
Legislative purposes. The Village Board of Trustees has concluded
that in order to facilitate adoption of solar energy technologies
in residential settings, it is incumbent upon municipalities such
as the Village of Port Jefferson to remove the complexity associated
with securing approval of installations for solar technology by creating
a streamlined application process that is more targeted than the building
permit process that is currently utilized. Such a new process will
save time, eliminate paperwork and related expenses, protect public
safety and speed approvals.
B.
APPROVED CONTRACTOR
APPROVED EQUIPMENT
(1)
(2)
(3)
APPROVED INSPECTOR
SOLAR PANEL INSTALLATIONS
STANDARD INSTALLATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A contractor whose credentials were reviewed and approved
by the Long Island Power Authority (LIPA) as evidenced by the list
to be maintained and published by LIPA of installers whose credentials
have been prescreened.
Solar paneling equipment that meets the requirements for
a "standard installation" and shall include the following:
Photovoltaic (PV) panels certified by a nationally recognized
testing laboratory as meeting the requirements of the Underwriters
Laboratory (UL) Standard 1703;
Inverters on a list of NYS Public Service Commission type-tested
inverters which are tested by UL or other nationally recognized laboratories
to conform with UL standard 1741; and
Residential solar hot water (RSHW) equipment certified by the
Solar Rating and Certification Corporation under its OG-100 standard
for solar collectors.
Electrical Underwriters, which are already required to perform
the electrical inspection of the system, and who certify that they
have been trained to perform the third-party PV inspection or a third-party
designed by LIPA on a list of trained PC inspectors maintained by
LIPA.
Solar electric panel and solar hot water installations where
the installation is to be flush-mounted on a residential roof and
to be installed by an approved contractor using approved equipment.
A solar energy system with a gravity roof load of no more
than five pounds per square foot for photovoltaic (PV) and six pounds
per square foot for residential solar hot water (RSHW) that is flush-mounted
using a racking system approved by a licensed NY State professional
engineer or registered architect on a residential roof with an eighteen-inch-wide
clear path at the roof ridge and an eighteen-foot clearing path to
the ridge.
C.
Anything to the contrary notwithstanding, the Building Inspector
shall expedite the process of permitting standard installations of
solar panels by approved contractors using approved equipment. Permits
for same may be issued based upon the following criteria:
(1)
A new property survey shall not be required, but if the solar
energy system is proposed for an accessory structure on the residential
property, the property owner will be required to provide an existing
survey showing that the accessory structure is legal.
(2)
The application shall include a certified drawing (hand-drawn
or better) of the solar panel location and layout on the roof and
other diagrams.
(3)
The application will require a professional engineer or registered
architect to certify the load-bearing and wind-load sufficiency of
the subject solar installation.
(4)
The contractor must be an approved contractor.
(5)
The permit shall be limited to approved equipment.
(6)
A sign shall be affixed on the utility meter and at any alternating
current (AC) disconnect switch indicating that there is an operating
solar electric co-generation system on site.
(7)
The Building Inspector may rely upon and accept third-party
inspections and/or certifications if provided by approved inspectors,
which inspectors are to be paid for by the homeowner.
D.
Requirements for permit submittal. Before approval and issuance of
permit(s) for a grid-tied photovoltaic system (PV) or residential
solar hot water system (RSHW), the applicant shall submit:
(1)
A completed Fast Track Permit Requirements Checklist on the
Building Inspector's approved form.
(2)
Three sets of plans which include:
(b)
Sheet index indicating each sheet title and number;
(c)
Legend for symbols, abbreviations and notations used in the
drawings;
(d)
Configuration diagrams prepared by a professional engineer or
registered architect (see samples available at Building Department)
which are sketched (hand-drawn or better) as follows:
[1]
Roof diagram depicting modules or collectors and
racking configuration on designated surface(s) to scale and dimensioned.
The diagram should include any eighteen-inch clearance/access required
as noted in the Fast Track Permit Requirements Checklist criteria.
[3]
One-line standard electrical diagram.
(e)
Property survey if system is proposed for an accessory structure.
(3)
Fast Track Project Information Sheet on the Building Inspector's
approved form.
E.
Permits. Applications for permits made under § 250-37.1 above shall be reviewed on an expedited basis, and those which conform to the requirements herein for standard installations of approved equipment by an approved contractor shall be approved within 14 days of the receipt of a complete application. Certificates of occupancy and/or compliance may be issued by the Building Inspector in reliance upon certifications as to completion and compliance by an approved inspector.
F.
Central registry. The Village of Port Jefferson Building Department
shall maintain a central registry of all solar installations and share
this registry with the local fire departments serving the Village
of Port Jefferson on an annual basis and/or as residential solar energy
installation permits are issued.
G.
No building permit shall be issued for the construction or alteration
of any building upon a lot without access to a street or highway as
provided in § 7-736 of the Village Law. Nor shall any building
permit be issued unless all Village taxes which are a lien on and
all Village assessments which have been assessed against the lot on
which said buildings are to be erected are first paid in full, together
with all interest and other charges.
H.
Every building permit shall expire if the work authorized has not
commenced within nine months after the date of issuance or has not
been completed within 12 months from such date for construction costing
less than $1,000,000 and has not been completed within 18 months from
such date for construction costing in excess of such amount. If no
zoning amendments or other codes or regulations affecting subject
property have been enacted in the interim, the Building Inspector
may authorize, in writing, the extension of either above periods for
an additional six months upon payment of an additional fee in a sum
equal to 50% of the original building permit fee for such construction.
If the construction is not completed within such extension period,
inclusive of the scheduling of an inspection of such construction
by the Building Inspector, the previously issued building permit,
as extended, shall immediately become null and void. In such event,
any additional construction work will require the submission of a
new application for a building permit and payment of an additional
building permit fee without any credit for building permit fees previously
paid.
I.
If installation and/or construction results in any damage to Village
property, notice shall be given to the builder of any damage or waste
to Village property. Upon his failure to correct said damage or waste
within three days of said notice, the Village shall make such repairs
and charge the cost to the homeowner. Any costs shall be paid to the
Village prior to the issuance of a certificate of occupancy.
J.
Permit fee. The schedule of fees payable to the Village shall apply to every residential solar energy system installation permit application and are noted in the Table of Fees included as an attachment to this chapter.
[1]
Editor's Note: These provisions were originally designated
to be added as § 250-44.1, but were renumbered to maintain the
organizational integrity of this chapter.
[Added 3-15-2021 by L.L. No. 02-2021]
A.
Legislative findings and purpose. It is the finding of the Board
of Trustees that window displays contribute to the vitality and economic
health of the Village's business districts by visually connecting
interior activities with public space and pedestrians on the street.
It has been found that storefront windows that are vacant, or boarded
over, have a negative impact on the aesthetic character of the Village's
business districts. It is the intent and purpose of this section to
promote the success of the businesses and the overall health of the
Village's business districts, encourage an active and lively streetscape
and maintain the historic aesthetic character of the Village's business
districts by establishing regulations requiring the owner or tenant
of a nonresidential building to place a window display in all storefront
windows in accordance with certain standards.
B.
STOREFRONT WINDOW
VACANT STOREFRONT WINDOW
WINDOW DISPLAY
Definitions. As used in this section, the following terms shall have
the indicated meanings:
Any window located in the C-1, C-2, or Marina Waterfront
Districts that permits an unobstructed public view into the interior
of the building from an adjacent street, sidewalk or public right-of-way.
This term includes doors.
A storefront window shall be deemed vacant if no person or
persons conducts a lawfully licensed business there for a period of
one month or more.
A visual representation of information or graphics for viewing
by the public in a storefront window. The display may consist of,
for example, the Village of Port Jefferson logo, fine art, sculpture,
or photography.
C.
Window displays required. A window display shall be required in a
vacant storefront window, subject to the following standards:
(1)
The aggregate area of window displays shall be a minimum of
50% of the storefront window, with reasonable viewability for emergency
services.
(2)
Adhesive materials used to affix the window display shall not
be visible from the outside of the storefront window.
(3)
The window display shall be maintained in a clean and neat appearance.
(4)
The window display shall face the exterior of the storefront
window and shall not be further than three feet from the interior
of the storefront window.
(5)
The window display may be illuminated by means of shielded,
direct, white light sources not exceeding 75 watts and in such a manner
that no glare shall extend beyond the property lines or disturb the
vision of passing motorists or constitute a hazard to traffic.
(6)
Window screening, including, but not limited to, blinds, drapes,
curtains or shades or a covering which is constructed of durable material
such as cardstock or paper which covers the entire storefront window,
shall not be considered a window display for purposes of this section
and are hereby prohibited.
(7)
All proposed window displays to be installed pursuant to this
section shall be approved prior to installation, by the Building Inspector.
D.
Construction with other laws. The provisions of this section shall
be in addition to all building, zoning, historic, fire, health or
environmental laws that have been or may hereafter be imposed. Nothing
herein shall be construed to repeal, modify, or constitute an alternative
to any lawful regulation that is more restrictive than this section.
