Village of Cedarhurst, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 1-6-1975 as L.L. No. 3-1975. Amendments noted where applicable.]
GENERAL REFERENCES
Handbills and posters — See Ch. 150.
Zoning — See Ch. 265.
The purpose of this chapter is to promote and protect health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty of designated areas and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space and curb the deterioration of natural beauty and community environment.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY SIGN
Any sign related to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
ERECT
To build, construct, alter, display, relocate, attach, hang, place, suspend or affix any sign, and shall also include the painting.
FACE
On a building, the outer surface of a building which is visible from any public street, highway or municipal parking field.
FRONTAGE
The lineal horizontal distance in feet of the outer surface of the building facing a public street or municipal parking field and serving as the main entrance to one or more business establishments.
ILLUMINATED SIGN
Any sign illuminated by electricity or other artificial light source.
[Amended 11-10-2003 by L.L. No. 14-2003]
LIGHTING DEVICE
Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.
NONACCESSORY SIGN
Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
PERSON
Any person, firm, partnership, association, corporation, company, institution or organization of any kind.
PROJECTING SIGN
Any sign which projects from the exterior of any building.
SIGN
Any material, structure or device or part thereof composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including windows and window display area, for display of any advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.
[Amended 4-4-1977 by L.L. No. 11-1977]
The prohibitions and provisions contained in this section shall apply to all signs and all use districts, regardless of designation.
A. 
Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or directed or beamed upon a public street, highway, sidewalk, municipal parking field or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
B. 
No projecting sign shall be erected or maintained from the front or face of a building a distance of more than eight inches.
C. 
No signs shall be placed on the roof of any building.
D. 
No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. Said devices, as well as strings of lights, shall not be used for the purposes of advertising or attracting attention and are prohibited. Revolving and/or rotating signs are prohibited.
E. 
No signs or displays erected or maintained within and/or upon the window of a building, which is visible from any public or private street, highway or municipal parking area, shall occupy more than 1/3 of the area of said window. The term "window" is intended to refer to each pane of the display area of the occupant.
[Amended 9-14-1992 by L.L. No. 8-1992]
F. 
Notwithstanding anything to the contrary in this chapter, no sign shall be illuminated by neon gas, any other gas or by phosphorescence, unless the lighting shall be covered by a diffuser.
[Added 11-10-2003 by L.L. No. 14-2003]
The following signs are permitted (in any use district) without a permit:
A. 
Signs advertising the sale, lease or rental of the premises upon which the sign is located shall not exceed six square feet in area and shall be limited to no more than one such sign per each premises.
[Amended 3-4-1996 by L.L. No. 1-1996]
B. 
Professional nameplates that shall not exceed one square foot in area.
C. 
Signs denoting the name and address of the occupants of the premises or directional signs, either of which signs shall not exceed one square foot in area.
D. 
Signs denoting the architect, engineer or contractor placed on premises where construction, repair or renovation is in progress, which signs shall not exceed two square feet in area.
E. 
Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies, which signs or bulletin boards shall not exceed 10 square feet in area and shall be located on the premises of such institutions.
F. 
Signs no larger than six inches by eighteen inches printing the notice "No Trespassing," "No Peddlers or Agents," "No Advertisement" or similar notice indicating in any manner that the occupants of said premises do not desire to be disturbed by having handbills or other literature left upon such premises.
[Amended 11-19-1979 by L.L. No. 33-1979]
[Amended 3-7-1977 by L.L. No. 4-1977; 7-5-1977 by L.L. No. 21-1977]
A. 
Any permitted business sign advertising an enterprise shall advertise only the name of the owner, trade name, principal product sold and/or the business or activity conducted in the premises where such sign is located, provided that such sign or combination of signs shall be parallel to to the face of the premises and attached thereto.
(1) 
Where the length of the frontage is 30 feet or less, the sign or combination of signs shall not exceed four feet in total vertical height and may extend to a maximum of the full frontage of the premises.
(2) 
Where the frontage exceeds 30 feet in length, the maximum permitted square footage may be 120 feet or the total of the frontage multiplied by three, whichever is greater.
(3) 
In no event shall the sign exceed four feet in total vertical height.
B. 
No more than two signs shall be allowed for each such business or commercial activity conducted on the premises, which shall in all respects conform to the provisions of this chapter respecting establishments in business districts. In the event that an awning is erected with lettering, as is permitted in this Code of Ordinances in Chapter 86, § 86-16, then and in such event, said awning with lettering shall constitute one of the two signs as provided for and/or limited by this section. One sign shall be eliminated for each awning with valance containing lettering.
[Amended 2-2-1998 by L.L. No. 4-1998]
C. 
On a preexisting gasoline service station, not more than one pole sign erected for the purpose of advertising the brand of gasoline sold at such service station, provided that such pole sign have a maximum area of not more than 10 square feet and a maximum height of not more than 12 feet to the top of such pole sign.
D. 
Total square feet area of all signs on a building shall not exceed four feet multiplied by the frontage. In the event that a sign is painted or applied to the face of a building, the area of the sign shall be taken as the area required to circumscribe all letters and devices.
E. 
Lighting of signs. No sign shall be illuminated and no permit therefor shall be granted unless said illumination and diffusers shall be approved by the Board of Architectural Review.
[Amended 2-15-1977 by L.L. No. 29-1977; 11-10-2003 by L.L. No. 14-2003]
No person shall erect any sign as defined herein without first obtaining a permit therefor from the Building Official.
Application for a permit shall be made in writing, signed by the applicant, in duplicate, upon forms prescribed and provided by the Building Official, and shall contain the following information:
A. 
The name, address and telephone number of the applicant and the owner of the property.
B. 
The location of the building, structure or land to which or upon which the sign is to be erected.
C. 
A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign, position of lighting or other extraneous devices, a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures and to any private or public street or highway.
D. 
Written consent of the owner of the building's 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.
It shall be the duty of the Building Official, upon the filing of an application for a permit, to erect a sign, to examine such plans, specifications and other data submitted to him or her with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this chapter and other laws and ordinances of the Village of Cedarhurst, he or she shall then issue a permit for the erection of the proposed sign. If the sign authorized under any such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed within 30 days from the expiration thereof for good cause shown upon payment of an additional fee equal to the original fee. Every sign shall bear the permit number and the name of the permit holder and/or the owner of the land upon which the sign is erected, prominently and permanently affixed on the face thereof. Failure to so affix the permit number and necessary names shall constitute cause for revocation of the permit by the Building Official in addition to any other penalties or remedies provided in this chapter.
No sign, whether new or existing, shall hereafter be erected or altered, except in conformity with the provisions of this chapter. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted and free from all hazards, such as but not limited to faulty wiring or loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. In the event of a violation of any of the foregoing provisions, the Building Official shall give written or personal notice, specifying the violation to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the land within 10 days from the date of said notice. In the event that such sign shall not be so conformed within the 10 days, the Building Official shall thereupon revoke the permit, and such sign shall be removed by the named owner of the sign and/or the named owner of the land.
[Amended 9-6-1979 by L.L. No. 27-1979]
Each individual sign, including stanchion signs at preexisting gasoline stations, shall be a separate application and shall be accompanied by a filing fee[1] and other fees applicable, so set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting. Filing fee shall be nonreturnable.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
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 owner of the premises upon which such sign is located after written notice as provided herein. The Building Official, upon determining that any such sign exits, shall notify the owner of the premises, in writing, to remove said sign within 10 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Building Official is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located.
B. 
If the Building Official shall find that any sign regulated by this chapter is unsafe or insecure or is a menace to the public, he or she shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within 10 days from the date of said notice. If said sign is not removed or repaired, the Building Official shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Building Official may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
[Amended 3-1-1993 by L.L. No. 3-1993]
The Board of Zoning Appeals may modify the application of this article in harmony with its general purpose and intent as per the rules as prescribed in Chapter 265, Zoning, and shall comply with the procedural requirements prescribed by such Board of Zoning Appeals.
[Added 3-1-1993 by L.L. No. 3-1993]
No sign shall be installed, repaired, modified or removed except by a person duly authorized and licensed by the Village of Cedarhurst. Every application for licensing shall be accompanied by a fee in an amount which shall be set by resolution of the Board of Trustees.[1] There shall be an annual license fee for annual renewal thereafter, and said annual license fee shall be set by resolution of the Board of Trustees. Such license shall be renewable no later than May 31 of each year.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
[Added 3-1-1993 by L.L. No. 3-1993]
The owner of any building where a sign has been erected, as well as the occupant thereof, if not the owner, and the person installing, repairing, modifying and/or removing any such sign shall be jointly and severally liable and responsible for any and all violations of this chapter.
[Amended 3-1-1993 by L.L. No. 3-1993; 10-6-1997 by L.L. No. 9-1997]
Failure to comply with any of the provisions of this chapter shall be deemed a violation, and each violator thereof shall be liable for a fine set in accordance with Chapter 1, Article III, General Penalty, for each such violation; and each day such violation or condition continues shall constitute a separate violation.