[HISTORY: Adopted by the Board of Trustees of the Village
of New Hyde Park 7-21-2009 by L.L. No. 14-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 195.
[1]
Editor's Note: This local law also superseded former
Ch. 156, Signage and Advertising Materials, adopted 12-6-1994 by L.L.
No. 3-1994, as amended.
A.
Purpose. It is the purpose of the Board of Trustees, in promulgating
and adopting the provisions of this chapter, to promote and preserve
public health, safety, order, comfort and convenience by means of
a comprehensive regulation of signs and related advertising materials.
Among the primary objectives of this chapter are the reduction or
elimination of actual or likely distractions and obstructions to the
general public which ensue from the unregulated placement and proliferation
of signs, billboards and other advertising materials; the discouragement
and prevention of excessive visual competition in the size, design,
style, configuration, illumination and other perceptible features
relating to such signage and/or materials; and the containment and
curtailment of unauthorized postings or unsolicited distribution of
transitory advertising materials such as posters, fliers, handbills
and other similar such devices. It is the finding of the Board of
Trustees that the provisions of this chapter further the purpose and
objectives referenced above and constitute the minimum standards necessary
to protect, conserve and enhance the desirable and long-standing suburban
character, values and aesthetics of the Village community as a whole.
B.
PERSON
SIGN
SIGN PERMIT
SIGN, REAL ESTATE OR CONSTRUCTION
SIGN, TEMPORARY
Definitions. As used in this chapter, the following terms shall have
the meanings indicated, unless the context otherwise indicates:
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
That portion of any building or structure or any billboard,
signboard, sandwich board, banner, pennant or other temporary or permanent
object, shape, device, image or merchandise, displayed or used as
advertisement, announcement or direction, and all text, symbols, shapes,
lights, marks, letters or figures affixed thereto, painted thereon
or incorporated therein. Any vending machine located on premises occupied
by a business shall not be deemed a "sign," provided that the same
is not illuminated. Illuminated machines shall be deemed "signs."
A type of building permit issued by the Building Inspector
authorizing the erection, construction, reconstruction, alteration
or moving of a sign.
A type of temporary sign advertising the availability for
sale or rental of a realty subdivision, a parcel of land or a lot
or improvements thereto during the period of such availability or
the identity of a contractor actually performing construction activities
upon a parcel of land or a lot.
A sign which directs attention to an activity or event on
the lot on which the sign is located immediately prior to and/or during
the pendency of such event and which is removed immediately upon the
conclusion of same.
C.
Safety standards. No person shall at any time post, erect or affix
or for any duration maintain, anywhere within the Village, any sign,
advertising material or other device regulated by and under this chapter
which:
(1)
Is structurally unsound;
(2)
Is constructed of inadequate or improper materials;
(3)
Is a fire or electrical hazard or poses a threat of electrical shock,
electrocution or other danger to the health and safety of any human
being;
(4)
Is or becomes damaged, deteriorated or dilapidated due to wear and
tear, lack of timely and proper maintenance and repair or the adverse
effects of weather and the elements;
(5)
Is or becomes damaged or defaced due to accident, vandalism, mischief
or other adverse human conduct or due to fire, storm or other natural
disaster or act of God;
(6)
Obstructs or impairs the free and unencumbered ingress to and egress
from any door, window, entryway, fire exit or other openings in a
building or structure by any person or persons;
(7)
Obstructs or impairs the movement or flow of natural light and air
to any occupied or habitable space in a building or structure; or
(8)
Obstructs or interferes with any architectural component of a building
or structure or with the proper functioning of its electrical, heating,
plumbing or other systems, fixtures and devices.
D.
Legal notices. These regulations shall not apply to signs placed
on any property to provide legal notice to the public where such notice
and such sign are required by the terms of any law, ordinance, governmental
regulation, court decree or administrative order. However, in the
case of gasoline price signs and other similar external signs required
by law to be posted by certain businesses or special permit uses,
any characteristic of the sign, such as maximum size, color, exact
on-site location, etc., not specifically determined by the law requiring
the sign, shall be subject to site plan and/or architectural and design
approval in the same manner as any other sign on the property.
A.
No person, company, association or business entity shall park any
vehicle or trailer-type chassis capable of being transported as a
unit over public roads and streets with a sign mounted upon, painted
upon or affixed to it, on any street, public highway or municipal
parking lot of the Incorporated Village of New Hyde Park or upon any
private property within 10 feet of a property line, except for vehicles
which have been issued taxi licenses. Service vehicles of electricians,
plumbers, painters and the like shall be permitted to park a commercial
vehicle which contains information concerning the service provided
outside of or in the vicinity of premises upon which work is being
performed. For purposes of this subsection, a vehicle shall be considered
parked if it remains in the same place or within 50 feet thereof for
a duration of more than 15 minutes.
B.
Any sign that is not expressly permitted by this chapter shall be
prohibited.
Signs in any residential district shall not require a permit.
No sign shall be displayed in any residential district, except as
follows:
B.
An identification sign shall be required for each residence which
shall be one sign, which shall not exceed two square feet in area,
displaying not more than the name and street number of the occupant
of the premises and, in the case of a permitted office, studio or
occupational room, the identification thereof Such sign shall be parallel
to and within one foot of the front building line and shall not exceed
four feet in height above ground level.
C.
One sign or bulletin board, not exceeding eight square feet in area, on church, institutional or school property, giving the identification thereof or advertising the activities thereof, or both. Such sign shall not be placed within a distance of 10 feet from any street or property line and shall not exceed six feet in height above ground level. Any such sign shall require a written permit thereof from the Building Inspector. All applications shall conform to the requirements of § 156-5A through C.
D.
One sign, which shall not exceed one square foot in area, indicating
that the premises is protected by a security company. Such sign shall
be parallel to and within one foot of the front building line and
shall not exceed two feet in height above ground level. Signs on windows,
which signs do not exceed 36 square inches, indicating that the premises
is protected by a security company, shall be exempt from the provisions
of this section.
A.
Temporary signs in residential districts:
(1)
Any real estate sign containing only the words "for sale," "for lease,"
"for rent," or "open house" and, at the option of the applicant, the
word "owner" or "broker" and a telephone number.
(2)
Any construction sign identifying a contractor who is performing
work upon the subject premises.
(3)
No more than two temporary signs may be in effect at any one time
for a single parcel of property.
B.
Size of temporary signs. No real estate or construction sign or other
temporary sign shall be larger than three square feet in area.
C.
Placement and height of temporary real estate and construction signs.
All real estate, construction or other temporary signs shall be posted,
erected or maintained in the front window of a residence or parallel
to and within one foot of the front building line and shall not exceed
four feet in height above ground level.
D.
Expiration and removal of temporary signs.
(1)
Real estate signs must be removed within 24 hours of the transfer
of the title to the property or the giving of possession of the property,
whichever event first occurs, except that "open house" signs shall
be removed at the conclusion of the open house.
(2)
All other temporary signs shall be erected no more than 10 days prior
to the event or activity advertised and shall be removed at the conclusion
of the event or activity.
E.
Conditions for all signs in residential districts.
(1)
No signs shall have characters, letters, figures, designs or outlines
illuminated by electric lights or luminous tubes or use reflective
or fluorescent paint or material.
(2)
All signs permitted pursuant to this section shall have lettering
only on one side and shall be attached to the premises or shall be
displayed on a stationary rod or post. No sign shall be attached to
a tree, bush, hydrant, telephone pole, car or lamppost. No sign shall
be placed so as to obstruct a clear view of a street from any intersecting
street.
A.
Permit required. Except as otherwise provided herein, it shall be
unlawful to erect, construct, paint, alter, relocate, reconstruct,
display or maintain or cause to be erected, constructed, painted,
altered, relocated, reconstructed, displayed or maintained within
the nonresidential districts any sign unless a written permit therefor
has been obtained from the Building Inspector as hereinafter provided.
B.
Color scheme. Any signs installed pursuant to this section shall
be of a color scheme, in a color palette, style, and font and manufactured
of such materials approved by the Board of Trustees of the Village
of New Hyde Park. The Village Board shall, at a regular meeting, choose
samples of approved color palettes, styles, fonts and materials, which
shall thereafter be made available to the public by the Building Inspector.
C.
Application for permit. An application for a sign permit should be
accompanied by the following:
(1)
A drawing showing the lettering, color and pictorial matter of the
sign, a description of the construction details of the sign structure,
and a location plan showing the position of the sign on the building
or premises.
(2)
A written statement showing the name of the owner and the name of
the person in control of the building or the premises where such sign
is to be located, and the right or authority of the applicant to apply
for a permit.
(3)
A photograph of the subject building upon which the proposed sign
is to be installed.
(4)
Photographs of adjacent buildings with existing signage.
(5)
A certified English translation of the sign's content, if applicable.
(6)
Such other information as the Building Inspector may reasonably require
to demonstrate compliance with provisions of this chapter.
D.
Placement, size and other requirements. In addition to the other
requirements of this chapter, a sign erected, constructed, painted,
altered, relocated, reconstructed, displayed or maintained in a nonresidential
district shall meet the following requirements:
[Amended 12-1-2009 by L.L. No. 15-2009]
(1)
Except as provided for in this chapter, a sign may be placed only
upon the front or face or side of a building or on the interior or
exterior surface of any front, side or rear window thereof and must
be constructed and maintained parallel with the building wall to which
it is attached and extending outward from such wall not more than
12 inches. No more than one sign per exterior wall shall be permitted.
One of the signs shall be deemed the main sign. The main sign shall
conform to the following dimensional requirements:
(a)
On a building, including doors and windows, having a street
frontage of 25 feet or less: a vertical measurement of no less than
two feet and no greater than three feet and a horizontal measurement
of 80% of the street frontage of such building;
(b)
On a building, including doors and windows, having a street
frontage of more than 25 feet: a vertical measurement of no less than
two feet and no greater than three feet and a horizontal measurement
of 20 feet.
(2)
In addition to the main sign as designated by an applicant, an additional
three signs shall each be permitted on any rear or side wall of any
building which abuts a parking field or another street and shall be
deemed subordinate to the main sign. Each of the three subordinate
signs shall have a maximum vertical measurement of two feet and a
maximum horizontal measurement not greater than 10 feet or 40% of
the width of any such wall of the building, whichever is less. No
sign shall adjoin or face a residential district or parcel.
(3)
The upper edge of each sign shall not be located above the top of
the building, and no part of such sign(s) shall extend beyond the
ends of the building wall upon which it is placed. No portion of a
sign shall be located closer to the ground than eight feet or higher
off the ground than 13 feet.
(4)
Exterior lighting shall be from above or below the signage only and
shall be of a design approved by the Board of Trustees of the Village
of New Hyde Park; fixtures shall not project more than 1 1/2
feet from the face of the sign and shall not extend above or below
the top of the sign more than one foot; there shall be no more than
one fixture per four linear feet of signage; and such illumination
shall not result in confusion with traffic signals, either because
of color or proximity. Box lighting and neon lighting or the like
are specifically prohibited.
(5)
Anything herein to the contrary notwithstanding, any sign may be
painted on the inner or outer surface of a window, provided that it
meets with all other requirements of this chapter.
(6)
Such signs shall advertise only the business conducted or products
sold on the premises.
(7)
There shall be no signs and/or lettering permitted on any awning or canopy. All awnings or canopies shall conform to the color palate established by the Board of Trustees pursuant to § 156-5B and shall be complementary to the main sign.
(8)
There shall be permitted one logo per sign, provided that such logo
does not extend beyond the permissible boundaries of the sign, as
set forth in this section.
E.
Internally illuminated signs and lighted signs. No neon signs or internally illuminated signs shall be permitted. All lighting on signs must be through detached fixtures directed at the sign as provided in § 156-5D(4). In addition, lighting in a nonresidential district shall be arranged and affixed in such a way that no direct light rays from any light used in such illumination shall penetrate a residential district or impede traffic within the Village. Any lighting constituting a nuisance to neighboring residences or buildings or the occupants thereof is strictly prohibited.
F.
Flashing and flickering signs; spectaculars prohibited. No illuminated
signs of a flashing, flickering, intermittently lighted or similar
nature or animated illuminated signs known as "spectaculars" shall
be permitted.
G.
Right-angle or projecting signs. A right-angle or projecting sign
shall be permitted by special permit from the Architectural Review
Board and shall be complementary to the main sign. All such signs
shall require general liability insurance in the amount of $1,000,000
naming the Incorporated Village of New Hyde Park as an additional
insured.
H.
Windstream devices. No windstream devices shall be permitted. A windstream
device includes any one or more devices, whether used singularly or
in combination, which are designed and intended to wave, flutter,
spin, snap or give off some other wind-driven or wind-aided animation
effect visible to the normal unaided human eye, including but not
limited to pennants, streamers, banners, flags, ribbons, tassels,
pinwheels, spinners, whirligigs or other similar such materials or
devices.
I.
Signs which might be confused with traffic signs prohibited. No billboard,
sign or other advertising structure or device shall be erected or
maintained where, because of the size, location, shape, height, wording,
design or lighting, such sign might be confused as a traffic directional
or stop sign, or might interfere with the vision or discernment of
a traffic directional or stop-and-go sign, or might otherwise imperil
the safety of travel on streets and highways.
J.
Signs erected and maintained by Village or governmental authorities.
This chapter shall not apply to those signs erected and maintained
by the Village or other governmental authorities in the discharge
of their official duties or functions.
K.
Special permits. If a building abuts on a public parking field, a
sign conforming to the conditions of this section may be erected on
the rear or side wall facing such parking field by special permit
from the Architectural Review Board.
L.
Nonconforming signs.
(1)
All nonconforming main signs in existence on the effective date of
this chapter located upon a building within a nonresidential district
shall be converted to a conforming sign upon any change in use, occupancy
or signage.
(2)
When and where any legal nonconforming sign has become damaged or
has deteriorated, such sign shall be immediately and completely removed
or shall be immediately and completely converted to or replaced by
one which fully conforms to all regulations and requirements set forth
in this chapter.
A temporary sign shall be permitted for advertising and sales
of merchandise or other special occasions, subject to the following
conditions:
A.
No more than 10%, in total, of each window shall be used to advertise
special occasions or the sale of merchandise.
B.
The legend on the sign shall be directly related to the business
activity carried on by the occupant of the business premises.
C.
The duration of the temporary sign shall be no longer than two calendar
weeks, provided that the sign may be displayed for no more than three
weekends.
D.
No signs shall be of neon or neon paper or internally illuminated.
E.
The provisions of this section shall not apply to temporary signs
placed within the windows of retail establishments of the business
district by charitable or religious organizations.
F.
All such temporary signs shall be of professional quality, shall
be printed in legible type and shall not be handwritten.
All real estate and construction signs in nonresidential districts shall satisfy all of the requirements set forth in § 156-4 of this chapter.
No later than 30 days after a tenant has vacated a premises,
any exterior signs identifying such tenant or business shall be removed
in their entirety by the building owner. In instances where removal
of any such sign causes damage to the facade of the building, the
building owner shall repair/restore the damaged facade within 10 days
of the removal of the sign. The repair/restoration shall match and
conform to the existing building.
A.
Appeals. Any person seeking review of the action of the Building
Inspector with respect to a sign application or with respect to the
interpretation or application of this chapter may appeal to the Architectural
Review Board.
B.
Enforcement. It shall be the duty of the Building Inspector and of
any other person authorized by resolution of the Board of Trustees
to enforce the provisions of this chapter. Any sign not in conformity
with this chapter may be removed without notice to the property owner
or the owner of the sign.
A.
No person or persons shall erect, construct, use or maintain any
sign or advertising device for which either a permit or special permit
is required under the provisions of this chapter, without having first
obtained the proper permit. Where, under the provisions of this chapter,
the consent or approval of any separate governing board, commission
or other government agency shall be required in addition to any permit
or special permit, then such consent or approval shall be obtained
by the person or persons seeking the permit prior to the issuance
thereof.
B.
Applications for permits and special permits shall be made and filed
with the office of the Building Department upon the official forms
approved and provided for such purpose and shall be accompanied at
the time of filing by the current authorized application fee. Upon
the approval of an application, the requested permit or special permit
shall be issued by the Building Department only upon payment in full
of the current authorized permit fee. The fees for all applications
and permits, and any renewals or extensions thereof, shall be those
fees adopted and approved from time to time by resolution or order
of the Board of Trustees.
Any person, association, firm or corporation which violates
any provision of this chapter or assists in the violation of any provision
of this chapter shall be guilty of a violation of this chapter only
and shall be punishable as follows:
A.
By a fine of not more than $2,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a first offense.
B.
By a fine of not more than $5,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a second offense,
provided the first and second offenses were committed within a period
of five years of each other.
C.
By a fine of not more than $10,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of the third or subsequent
offense or a series of offenses, all of which were committed within
a period of five years.
