[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale 4-1-2019 by L.L.
No. 1-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Superintendent of Buildings — See Ch. 170.
Awnings — See Ch. 230.
Uniform construction codes — See Ch. 259.
Entertainment — See Ch. 282.
Littering — See Ch. 341.
Zoning — See Ch. 600.
[1]
Editor's Note: This local law also superseded former
Ch. 462, Signs, adopted 12-7-2015 by L.L. No. 1-2016, as amended.
A.
The purpose of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising 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 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 visual open space and curb
the deterioration of the community's appearance and attractiveness.
B.
This chapter is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with its surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs shall convey their messages clearly and simply to enhance their surroundings. Signs or sign types identified in § 462-3I(9), § 462-5 or signs or sign types which are otherwise inconsistent with the residential character of the Village shall be prohibited in the residential districts of the Village.
C.
The Village Board of Trustees finds that special sign regulations
are required for nonresidential areas of the Village. The purpose
of these special sign regulations is to promote and preserve the public
health, safety, and welfare of the nonresidential areas; to protect
property values, and create a more attractive economic and business
climate; to enhance and protect the physical appearance of the nonresidential
areas, and make a more enjoyable and pleasing commercial environment;
and to reduce hazards associated with signage that is distracting
or dangerous to motorists or pedestrians. The Board of Trustees finds
that it is necessary to regulate the various aspects of signage, including,
but not limited to, the type of sign, size, quantity, placement, color
and components of signs in order to properly further the intent and
purpose of this chapter.
D.
The Village Board of Trustees also finds that special sign regulations
are necessary for Routes 24 (Hempstead Turnpike/Conklin Street) and
109 (Fulton Street), from the Village boundary in the west, to approximately
the Village boundary near Potter Street to the east, as a consequence
of the unique nature of those areas. These regulations are intended
to encourage a more uniform and aesthetically pleasing appearance;
to provide signage that is complementary and well integrated to the
existing residential character of much of the corridor, while also
legible to vehicular traffic; and are designed primarily for the purpose
of identifying a business rather than serving as advertising.
As used in this chapter, the following terms shall have the
meanings indicated:
Any upright, rigid supporting frame in the form of a triangle
or an inverted "V."
An unenclosed roof-like structure protruding outward from
any exterior wall of a building facade, supported entirely by the
commercial building to which it is attached and which may be of a
stationary or retractable type.
DROP AWNINGAny structure made of cloth, steel or any approved material mounted on a rigid or collapsible frame.
CANOPY AWNINGAny dome-shaped structure made of cloth, steel or any approved material mounted on a rigid or collapsible frame.
Any visual message incorporated into an awning attached to
a building.
A sign of fabric, plastic, paper, or other light pliable
material, not enclosed in a rigid frame.
A sign created by using an enclosed box having geometric
or amorphic shape with a back plate and a front lens enclosing lighting
that illuminates the front lens either in a translucent manner or
lettering that is cut from the lens allowing the internal lighting
to be seen.
Village personnel with civil service title of "Building Inspector"
or any authorized municipal officer in the Village Building Department
or Clerk's office.
A sign on which the visual message may be periodically changed.
A sign limited to providing information on the location of
an activity, business or event.
An architectural dimension that relates to the horizontal
width of a storefront, window display area, and/or building entrance,
the dimension of which is defined architecturally by the proportional
horizontal divisions in a building's facade.
Any sign not attached or part of any building but separate
and permanently affixed by any other means, in or upon the ground.
Included are pole signs, pylon signs and masonry wall-type signs.
Any of various mechanical devices shaped like a goose's
neck; has an iron joint for pipes or a flexible rod for supporting
a lamp to illuminate signage and affixed to a building's facade.
Any sign attached to, or projecting from, a building by means
of a decorative bracket, chain or other means that allows it to hang
parallel or perpendicular to the building facade. A blade sign shall
be considered a hanging sign.
Any sign illuminated by electricity, gas or other artificial
light source, either from the interior or exterior of the sign, and
which includes reflective and phosphorescent light.
Each building may have only one main tenant for the purposes
of this chapter, as determined by the landlord.
Multicolored tube-form light source created by electrically
charged gases, a traditional form of sign lighting. Neon can be in
exposed tubes, where tubing is visible, formed letters enclosed in
protective form, or indirect, where tubes illuminate painted or other
surfaces.
A sign unrelated to a business or profession conducted, or
commodity or service sold, or offered upon the premises where such
sign is located.
A sign built on a freestanding frame, mast, or pole(s).
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally attached to the ground,
a building, a structure or other sign.
Signage identifying the main tenant of a ground-floor commercial
space on a building's primary frontage and includes facade, soffit,
awning, detached or freestanding, hanging or wall-mounted signs.
A sign which is attached to the building wall or structure
and which extends horizontally more than 15 inches from the plane
of such wall or structure, or a sign which is perpendicular to the
face of such wall or structure. A blade sign shall be considered a
projecting sign.
A three-dimensional sign built so as to physically represent
the object advertised.
Signage identifying tenants other than the main tenant in
a building, including offices or other uses on the second floor of
a multistory downtown building, and may include facade, soffit, and
wall-mounted signs.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out-of-doors or on
the exterior of any building, or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interest of any person
or business or cause when such is placed in view of the general public.
A listing of two or more business enterprises, consisting
of a matrix and sign components.
The supports, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or the projections thereof
exceeds 30°, each side shall be considered a separate sign structure.
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background for the display. Both faces
of a double-faced sign shall be included as surface or area of such
a sign.
Exterior facade of the building or portion of the building
that houses each commercial tenant measured by the width of that tenant's
interior space in linear feet.
A Building Inspector and the individual responsible for receiving
applications and examining plans and specifications, issuing permits
and enforcing the provisions of this chapter.
A sign related to a single activity or event having a duration
of no more than 30 days.
Guidelines established, from time to time, by the Board of
Trustees, for the nonresidential districts of the Village, which shall
be set forth in a document entitled, "The Village of Farmingdale Design
Guidelines Manual." All signs in nonresidential districts shall comply
with The Village of Farmingdale Design Guidelines Manual.
A sign which is painted on or attached to the outside wall
of a building with the face of the sign in the plane parallel to such
wall, and not extending more than 15 inches from the face of such
wall.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, or located inside
within four feet of the window, but not including graphics in connection
with customary window display of products.
A.
Permit required. Except as otherwise provided in this chapter, no
person shall erect, alter or relocate any sign, without first obtaining
approval from the Architectural Review Board (ARB) and not before
receiving a permit from the Superintendent of Buildings. Subsequent
to this initial application, no permit shall be required for a sign
to be repainted or repaired to maintain the original sign appearance.
B.
Signs required. All retail establishments, bars, restaurants or other
commercial enterprises located within any commercial or business district
shall install a primary sign, compliant with the requirements of this
chapter.
C.
Application information. An application for a sign permit shall be
made in writing to the Superintendent of Buildings on forms prescribed
and provided by the Village. The application shall be reviewed by
the Superintendent of Buildings before it is presented to the ARB
to determine that said application substantially conforms to all the
guidelines presented in the Village Code. Upon review, the application
shall be submitted to the ARB for ARB review. Each application shall
include:
(1)
Name, address and telephone number of the applicant and owner of
the property.
(2)
Location of the building, structure or land upon which the sign now
exists or is to be erected.
(3)
If a new sign is to be erected, elevation and plan drawings to scale
shall be included. In addition, a full description of the placement
and appearance of the proposed sign shall be included and shall cover
the following:
(a)
Location on the premises, specifically its position in relation
to adjacent buildings, structures and property lines.
(b)
The method of illumination, if any, and the position of lighting
or other extraneous devices, and a copy of the New York Board of Fire
Underwriters' certificate related to the electrical connections.
(c)
Graphic design, including symbols, letters, materials and colors.
(d)
The visual message, text, copy or content of the sign.
(4)
Written consent or a copy of the contract made with the owner of
the property upon which the sign is to be erected, if the applicant
is not the owner.
D.
Issuance of permit; fees.
(1)
Upon the filing of a completed application for a sign permit and
the payment of the required fee, as established from time to time
by resolution of the Board of Trustees, the Superintendent of Buildings
shall examine the plans, specifications and other data submitted and
the premises on which the sign is to be erected or now exists. If
it shall appear that the sign is in compliance with all requirements
of this chapter, he shall then, within 15 days, issue a permit for
the erection of the proposed sign or for an existing sign. The issuance
of a permit shall not excuse the applicant from conforming to the
other laws and ordinances of the municipality.
(2)
If the erection of the sign authorized under any such permit has
not commenced within six months from the date of the issuance, the
permit shall become null and void, but may be renewed within 30 days
prior to the expiration, for good cause shown, for an additional six
months, upon payment of 1/2 of the original fee.
(3)
Every sign shall bear the permit number, permanently and visibly
shown. Failure to do so shall constitute cause for revocation of the
permit.
(4)
The Board of Trustees is hereby empowered, by resolution upon its
own motion at any time, to change the permit fee. Fees shall be set
from time to time by resolution of the Board of Trustees, with a schedule
of such fees to be maintained by the Village Clerk-Treasurer.
E.
ARB approval required in nonresidential districts.
(1)
Unless otherwise noted in this chapter, all signs in nonresidential
districts shall require the approval of the ARB.
(2)
An application for a sign permit shall be made in writing to the
Building Department on forms prescribed and provided by the Village.
(3)
In addition to those items required pursuant to § 462-3(C),
the applicant shall provide all information and/or materials indicated
in the ARB's Signage Application Checklist.
(4)
Upon the submission of all required information and/or materials to the Building Department, the sign permit application shall be submitted to the ARB for review in a manner consistent with this chapter and Chapter 600, Article XXXI. For applications for which the Building Inspector determines a full site plan review is required, the ARB's review shall not be limited to review of the sign in conjunction with this chapter.
F.
Design guidelines in nonresidential districts. All signs in any nonresidential
districts shall comply with the following:
(1)
Signs shall be designed to be compatible with the Main Street area
and appropriate to the architectural character of the buildings on
which they are placed. Sign panels and graphics shall relate to and
not cover architectural features and shall be in proportion to them.
(2)
Layout shall be orderly, and graphics shall be of simple shape, including,
but not limited to, rectangles, circles or ovals.
(3)
No more than two typefaces shall be used on any one sign or group
of signs indicating one message.
(4)
The number of colors used shall be the minimum consistent with the
design.
(5)
Illumination shall be appropriate to the character of the sign and
surroundings; the background shall be opaque. The area, brilliance,
character, degree, density, intensity, location and type of illumination
shall be the minimum necessary to illuminate the sign.
(6)
Groups of related signs placed on a group of storefronts having one
architectural appearance (common attributes) shall express uniformity
and create a sense of harmonious signage appearance.
(7)
The layout of signage shall be of professional quality as determined
by the Superintendent of Buildings and the ARB. Lettering styles shall
be proportioned, simple, and easy to read. In most instances, a simple
typeface is preferred over an overly ornate-type style. The number
of type styles shall be limited to a maximum of two per sign as determined
by the ARB. As a general rule, the letter forms shall occupy not more
than 75% of the total sign panel.
(8)
Signage shall comply with The Village of Farmingdale Design Guidelines
Manual. Signs shall incorporate and follow the ARB's preferred
color palette as expressed in The Village of Farmingdale Design Guidelines
Manual. Corporate logos shall be permitted so long as they occupy
not more than 25% of the total area designated for text on a sign
panel.
(9)
Materials for signage. Sign materials shall be durable and easy to
maintain. Appropriate sign materials include 100% rot-resistant, high-density
urethane synthetic sign face with gold-leaf lettering; on carved komacel;
carved komacel letters; epoxy letters; gilt, painted, stained, or
sandblasted, etched glass; clear and colored acrylic; or stained glass.
(10)
Placement of signs. Signs shall not obscure important architectural
details. They shall align with other signs on the block to maintain
the existing pattern of horizontal and vertical facade features. They
shall be positioned to emphasize special shapes or details of the
facade, to draw attention to the shop entrance, or to emphasize a
display window as expressed in The Village of Farmingdale Design Guidelines
Manual.
(11)
Signs may be illuminated or nonilluminated. Illuminated signage
shall use lighting forms consistent with the traditional character
of the downtown area, as expressed in The Village of Farmingdale Design
Guidelines Manual. Illumination shall be appropriate to the character
of the sign and surroundings; the background shall be opaque. The
area, brilliance, character, degree, density, intensity, location
and type of illumination shall be the minimum necessary to illuminate
the sign as determined by the ARB. Lighting of signs shall be limited
to spotlighting, external lighting, channel lettering, inverted "V"
and pin lettering backlit with a diffused light source. All lighting
shall be completely shielded. Lettered backlighting (and inverted
channel lettering) shall illuminate only the letters, characters or
graphics on the sign) but not its background.
(12)
Signs shall not be placed so as to impair visibility of, or
create hazards for, motorists or pedestrians.
(13)
Signs shall be consistent with the purpose and intent of this
chapter.
(14)
The dimensions and location of monument signs on Fulton Street,
Conklin Street and shopping centers shall be determined by the ARB.
G.
Additional requirements in nonresidential districts.
(1)
Primary signs. Except as noted in § 462-3G(3), each main tenant in a building is permitted only one primary sign for each storefront or facade bay, compliant with the following:
(a)
The sign shall be a minimum of two feet and a maximum of six
feet in height. Such sign shall be proportionate to the spacing of
the front of the building.
(b)
The sign shall not exceed in length 75% of the horizontal measurement
of the main tenant's storefront or facade bay.
(c)
The sign shall not project more than 12 inches beyond the exterior
face of the building, measured from the wall or backboard if the sign
is part of a backboard.
(d)
The sign shall be centered on the front wall space fronting
a public street or primary window bay or in a manner approved by the
ARB.
(e)
Exterior lamps shall not project more than 1 1/2 feet from
the face of the sign and shall be attached to the building wall, facade,
or soffit face; gooseneck lamps attached to the top of the soffit
or roof shall be prohibited; such illumination shall not result in
confusion with traffic signals, either because of color or proximity.
(2)
Secondary signs. Except as noted in § 462-3G(3) and § 462-3G(4), each tenant is permitted only one secondary sign for each public entranceway, excluding fire and emergency exits, compliant with the following:
(a)
The sign shall not exceed 12 inches in height.
(b)
The sign shall not exceed in length 80% of the horizontal measurement
of the tenant's primary ground floor doorway entrance.
(c)
The sign shall not project more than 12 inches beyond the exterior
face of the building, measured from the wall or backboard if the sign
is part of a backboard.
(d)
The sign shall be centered on the tenant's primary ground
floor entranceway or placed in a location that is complementary to
the building's architectural features.
(e)
Exterior lighting shall be from above signage only; lamps shall
not project more than 1 1/2 feet from the face of the sign and
shall be attached to the building wall, facade, or recessed in the
soffit face; gooseneck lamps attached to the top of the soffit or
roof shall be prohibited; such illumination shall not result in confusion
with traffic signals, either because of color or proximity.
(f)
Such signage shall be permitted on the front and side of premises;
however, no such signage shall be permitted on the side of a building
if said sign is less than 100 feet from any single-family residential
premises.
(3)
Signage for corner buildings. Corner buildings shall be authorized
two primary and two secondary signage designations, one for each primary
facade on a public street.
(4)
Rear signage. All signage on the rear of buildings in the downtown
area shall be considered secondary signage, except on buildings/lots
that face Municipal Parking Fields 1 through 4, whose main tenants
are permitted one additional rear facade, soffit or wall-mounted sign,
provided that:
(a)
The sign does not exceed two feet in height unless approved
by the ARB.
(b)
The sign does not exceed eight feet in length unless approved
by the ARB.
(c)
The sign is centered on the occupant's primary rear entrance
wall space.
(d)
Exterior lighting shall be from above the signage only; lamps
shall not project more than 1 1/2 feet from the face of the sign
and shall be attached to the building wall, facade, or recessed in
the soffit face; gooseneck lamps attached to the top of the soffit
or roof shall be prohibited; such illumination shall not result in
confusion with traffic signals, either because of color or proximity.
(5)
Window signage. A temporary window sign shall not require a permit.
Temporary or permanent window signs shall be permitted, provided that:
(a)
Temporary window signage or lettering shall not exceed more
than 20% of the window area or greater than two and 2 1/2 square
feet, whichever is less.
(b)
Permanent window signage or lettering affixed to windows shall
not exceed a total of 2 1/2 feet in height and not cover more
than 25% of the total surface area of the window.
(c)
All window signs shall be of professional quality, printed in
legible type and not handwritten. Photographs or pictorial representations
of individuals, animals, food platters or other objects shall not
be permitted. No more than 20% of a window sign may contain visual
or other nontext or nonword design or design elements.
(d)
Notwithstanding anything in this chapter to the contrary, supermarkets
having a square footage of at least 20,000 square feet may display
temporary window signage without a permit for a period not exceeding
180 days.
(e)
The use of hanging paper in windows or the papering over of
windows, other than as permitted in this subsection, shall be prohibited.
When a store is no longer in operation or is otherwise vacant, the
window shall be covered with old photos of the Village as provided
by the Village to the satisfaction of the Building Superintendent.
Poster boards, provided by, and which have been approved by, the Village
Board of Trustees, shall be placed over the windows. The use of visually
offensive materials to affix the paper and poster boards, such as
blue tape, shall be prohibited. The owner or tenant in possession
shall file a permit to cover or obscure the window and shall comply
with the requirements of this subsection. A permit fee along with
a deposit fee, which fees shall be set, from time to time by resolution
of the Village Board of Trustees, shall be paid to the Village. The
deposit fee shall be returned to the applicant upon the return of
the poster board(s). Empty display windows shall also be prohibited
when a store is no longer in operation or is otherwise vacant. The
ARB may modify or alter any provision of this subsection for good
cause shown and provided that the change complies with The Village
of Farmingdale Design Guidelines.
(6)
Awning signage. One drop awning per storefront or facade bay shall
be permitted, provided that:
(a)
There is only one area containing lettering, numbers, symbols,
logos affixed to the front vertical valance and each side of the awning
or canopy so long as said area does not exceed a proportionate height
and is limited to the advertising address and/or telephone number
of the business on the premises.
(b)
The awning does not stretch horizontally for more than two storefronts
or facade bays.
(c)
The top of the awning does not project over the top of the building's
established signage band.
(d)
The bottom of the awning is not less than seven feet or more
than eight feet above adjacent ground level.
(e)
Awnings shall be permitted on the front, side or rear of the
premises; however, no such awning shall be permitted on the side or
rear, if the premises are within 100 feet of a single-family residence,
except by special permit.
(f)
No sign shall project below an awning.
(g)
Rear awnings may be internally illuminated in accordance with § 462-3G(13).
(7)
Detached or freestanding signs. Unless specifically permitted in
this chapter, temporary, portable, detached or freestanding signs
shall be prohibited. All other freestanding signs, including detached
or freestanding monument signs shall be permitted, provided that:
(a)
Only the business conducted on the premises upon which the sign
is located is advertised on the sign.
(b)
Only one such sign shall be permitted.
(c)
Such sign shall not exceed 20 square feet in area.
(d)
Such sign shall not be less than 10 feet from any property line.
(e)
Such sign shall be no more than six feet in height above finished
grade. Such height shall be measured vertically from the established
average grade directly below the sign or entry level of the building
or structure, whichever is lower, to the highest point of the sign,
including supporting structures.
(f)
Such sign shall not extend over or into the public right-of-way,
nor shall it overhang the property lines.
(8)
A-frame signs. A-frame signs shall be permitted in accordance with
the following requirements:
(a)
Only one A-frame sign per property shall be permitted. A-frame
signs shall only be permitted on the public strip in front of the
business.
(b)
Signs, including frame, sign face and vertical supports, shall
be no greater than 34 inches in width, 34 inches deep and 36 inches
in length.
(c)
No more than 1/3 of the sign surface width can extend above
the sign face to a maximum of 36 inches.
(d)
No more than 20% of the sign shall contain a visual or nontext,
nonword design.
(e)
The sign shall be compliant with ADA standards and shall not
obstruct pedestrian traffic.
(f)
Signs shall not contain any glare-producing surfaces or blinking,
florescent, or neon lights.
(g)
Signs must be durable, sturdy, and stable. Signs must be weighted
to withstand sixty-mile-per-hour gusts of wind and rain. The changeable
sign area must be screwed or bolted to the sign.
(h)
The name of the establishment must be professionally lettered
on each sign face in a color and style consistent with the establishment's
primary signage.
(i)
No more than 1/2 of each sign face may be reserved for changeable
messages. The material for changeable messages may be chalkboard or
wipe-down board.
(j)
Handbills and/or similar paper attachments shall not be affixed
to A-frame signs.
(k)
A no-fee permit shall be required for all A-frame signs.
(l)
A-frame signs shall only be used during business hours.
(9)
Hanging signs. One hanging sign (or blade sign) per main tenant shall
be authorized in addition to allowable primary and secondary signage,
provided that:
(a)
The sign advertises only the business conducted by the main
tenant on the premises upon which the sign is located.
(b)
The sign does not exceed 720 square inches (excluding bracket
and hanging chains).
(c)
The bottom of the sign bracket is not lower than the bottom
of the main tenant's primary signage.
(d)
The bracket holding the hanging sign shall be mounted above
the sign only; brackets shall be attached to the building wall, facade,
or soffit face only; brackets attached to the top of the soffit or
roof shall be prohibited.
(e)
Exterior lighting shall be from above or the side of the sign
attached to the building wall, facade, or soffit face; lamps shall
not project more than one and 1 1/2 feet from the building wall,
facade, or soffit face; such illumination shall not result in confusion
with traffic signals, either because of color or proximity.
(f)
Signs must be durable, sturdy, and stable and must be designed,
constructed and installed to withstand one-hundred-ten-mile-per-hour
gusts of wind and rain.
(g)
Signs shall not contain internal lighting.
(10)
Wall-mounted signs. Wall-mounted signs shall be permitted, provided
that:
(a)
Such signs, do not extend more than 12 inches in accordance with § 462-3G(1)(c) and § 462-3G(2)(c).
(b)
Any part of such sign extending over pedestrian traffic areas
shall have a minimum clearance of seven feet six inches.
(c)
Copy-change wall signs shall be prohibited.
(11)
Sign directories. Sign directories shall be permitted, provided
that sign directories contain only the identification of, and direction
to, several business enterprises, but shall contain no promotional
advertising.
(12)
Menu signs. One menu sign shall be permitted, not to exceed
750 square inches.
(13)
Internally illuminated signs. Internally illuminated signs shall
be permitted in accordance with the following:
(a)
Illumination of signs shall be permitted, provided that ARB
determines that it is appropriate to the character of the sign and
surroundings; the background shall be opaque. The area, brilliance,
character, degree, density, intensity, location and type of illumination
should be the minimum necessary to illuminate the sign, as determined
by the ARB. Lighting of signs shall be limited to spotlighting, externally
lighting, or back-channel lettering or gooseneck lighting. All lighting
shall be completely shielded; light shall be contained primarily within
the sign frame. Backlighting shall illuminate only the letters, characters
or graphics on the channel-lettered sign.
(b)
Neon lighting shall not be permitted.
(c)
Flashing, digital, moving, banner or false neon-like signs,
signs of similar construction or lighting, or internally illuminated
awnings are prohibited, except that an internally illuminated awning
on the rear of a property that abuts a municipal parking field may
be permitted for security purposes, provided that the awning is wedge-shaped
and its fabric is opaque and that the light from within the awning
is directed downward to the pedestrian pathway. Glowing dome-shaped
canopy awnings or internally illuminated box-lighting signs or signs
of similar construction or lighting shall be specifically prohibited.
(14)
Construction. All signs shall comply with the following, additional
requirements:
(a)
All illuminated signs shall be constructed in conformance with
the Standards for Electric Signs (UL 48) of Underwriters' Laboratories,
Inc., and bear the seal of Underwriters' Laboratories, Inc.
(b)
If such sign does not bear the Underwriters' Laboratories
label, the sign shall be inspected and certified by the New York Board
of Fire Underwriters. All transformers, wires and similar items shall
be concealed. All wiring to freestanding signs shall be underground.
(c)
Signs must be durable, sturdy, and stable and must be designed,
constructed and installed to withstand one-hundred-ten-mile-per-hour
gusts of wind and rain.
(d)
All signs, including wall-mounted signs, shall be securely anchored
and shall not swing or move in any manner.
(e)
All signs, sign finishes, supports and electric work shall be
kept clean, neatly painted and free from all hazards, such as, but
not limited to, faulty wiring and loose supports, braces, guys and
anchors.
(f)
All freestanding or wall signs shall employ acceptable safety
material.
(g)
All signs shall be painted and/or fabricated in accordance with
generally accepted standards.
H.
Additional requirements for permanent signs. Within any zoning district,
the following permanent signs may be erected; provided, however, that
this subsection shall not serve to expand the number of signs otherwise
allowed in this chapter:
(1)
Off-premises directional signs for the convenience of the general
public and for the purpose of directing persons to an activity, service
or community facility may be erected, provided that such signs do
not exceed four square feet per establishment nor total more than
two such signs per establishment. The message shall be limited to
name or identification, arrow or direction, and distance. Advertising
messages shall be prohibited. Such signs shall be limited to major
and collector streets.
(2)
A nonilluminated, single-sided real estate development sign, including
industrial and commercial development, residential subdivision or
construction sign denoting the architect, engineer and/or contractor,
not exceeding 32 square feet in business and industrial districts
nor 16 square feet in residential districts, may be erected on property
being sold, leased or developed. Such sign shall be erected parallel
to the fronting highway, set back a minimum of 35 feet from the property
line or attached to the building face. Such sign shall be removed
upon completion of the project, or one year from its installation,
whichever period is shorter.
(3)
Signs or bulletin boards customarily incident to places of worship,
libraries, museums, social clubs or societies may be erected on the
premises of such institutions. One such sign or bulletin board not
exceeding 16 square feet may be erected for each entrance on a different
street or highway.
(4)
For multifamily dwellings or apartment developments, one sign advertising
availability of several dwelling units, not exceeding six square feet.
(5)
Signs necessary for the identification, operation or production of
a public utility, not exceeding six square feet, may be erected on
the premises of such public utility.
I.
Signs on Route 24 and Route 109. Signs on Route 24 (Hempstead Turnpike/Conklin)
and Route 109 (Fulton Street), from the Village boundary in the west,
to approximately the Village boundary near Potter Street to the east,
shall comply with the following:
(1)
Monument signs shall not exceed 40 square feet in area, excluding
the support structure, and shall not be more than four feet in height
where such is located within 15 feet of a driveway or street or not
more than six feet in height otherwise. Exceptions may be granted
by the ARB.
(2)
Wall-mounted signs shall not exceed 75% of the width of the front
facade and shall not have lettering that exceeds 36 inches in height.
Exceptions may be granted by the ARB based on building elevation proportions
and design. Wall signs may not extend above the eave line or parapet
of the building.
(3)
Only awning signs with lettering limited to a valance and which are
no greater than 80% of the height of the valance or 12 inches, whichever
is less, are permitted. Copy shall be limited to 50% of the horizontal
width of the awning. Lettering on the main sloping or arching surfaces
of awnings is prohibited.
(4)
Freestanding signs shall be limited to one sign per parcel, except
corner parcels which shall be permitted two freestanding signs. All
signs shall be supported on a solid base designed to complement the
architecture of the building and its surrounding signage as determined
by the ARB.
(5)
Window signs may not occupy an area greater than 15% of the total area of all windows on the facade of the building, and may not exceed 12 inches in height. Window signs shall comply with the requirements set forth in signs specified in § 462-3G(5)(c) through (e).
(7)
Design and materials of signs shall comply with the following:
(a)
Signs and sign colors shall be compatible with The Village of
Farmingdale Design Guidelines Manual (the colors of/or conform to
the Village of Farmingdale Corridor color palette). Simple overall
shapes shall be preferred over complex geometries. Signs shall be
professionally designed and constructed using high-quality materials.
Painted komacel, carved routed lettering with gold-leaf lettering
is required.
(b)
A dull or matte finish shall be utilized where possible to reduce
glare and enhance legibility.
(c)
Signs shall be placed so as to accentuate key architectural
elements, doors or windows of the building.
(d)
Signs for multiple businesses on a property shall be of similar
material and design, including those on marquee signs identifying
multiple tenancies.
(8)
Lighted signs shall be spotlighted, externally lit, utilize gooseneck
lighting or contain pin or channel lettering which must be backlit
with a diffused light source. All lighting shall be completely shielded.
Backlighting shall illuminate only the letters, characters or graphics
on the sign, but not its background.
(9)
The following are prohibited:
(a)
Pulsating, flashing, running or rotating light or neon signs.
(b)
Light-emitting-diode (LED) signs or lights used to illuminate
the interior side of windows, interior signs or signs placed on the
interior of windows.
(c)
Internally illuminated box signs, box-light signs other than
those depicting time, temperature and gasoline prices.
(d)
Animated, flashing, chasing, running or sequential signs.
(e)
All portable signs, including parked vehicles with signs expressly for advertising, other than A-frame signs permitted by § 462-3G(8).
(f)
Pole signs and streamers.
(g)
Tear-drop signs or banners or other flying banners, blade banners
or flex banners.
(h)
Inflatable signs.
(k)
Signs constructed on metal by painting; signs which use photo
application or any other technological application. Backlit pin lettering
constructed from metal, brushed or painted, is permitted.
(l)
All box signs having a front panel (lens) that is transparent,
or cut-through lettering is strictly prohibited.
(m)
Signs constructed as a box sign (geometric or amorphic shape
or letter shape) containing an internal light source is prohibited.
The following types of signs are illustrative of the kinds that
may be erected and maintained without permits or fees, provided that
such signs comply with the general requirements of this chapter and
other conditions specifically imposed by the regulations:
A.
Historical markers, tablets and statues, memorial signs and plaques;
names of buildings and dates of erection when cut into any masonry
surface or when constructed of bronze, stainless steel or similar
material; and emblems installed by governmental agencies, religious
or nonprofit organizations; not exceeding six square feet.
B.
Flags and insignia of any government, except when displayed in connection
with commercial promotion.
C.
On-premises, directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs, internally illuminated or nonilluminated,
not exceeding two square feet per face and four feet in height. Business
names and personal names shall be allowed, excluding advertising messages.
D.
Nonilluminated warning, private drive, posted or no-trespassing signs,
not exceeding two square feet per face.
E.
Religious holiday decorations, including lighting, are exempt from
the provisions of this chapter and may be displayed in any district
without a permit during and three weeks after the holiday season.
F.
At gasoline stations, integral graphics or attached price signs on
gasoline pumps.
G.
Temporary directional signs for meetings, conventions and other assemblies.
H.
One political poster, banner, promotional device and similar sign,
not exceeding four square feet in any residential district nor 32
square feet in any nonresidential district, provided that:
(1)
Placement shall not exceed 30 days, and a period of 11 months shall
elapse between the last day of one period of showing and the first
day of the next.
(2)
In the case of political signs regarding the election of candidates,
a political poster, banner or sign as described above is permissible
for each office appearing on the ballot of an election. For instance,
if an election is for two open board member seats, two political signs
may be on the property in question.
(3)
No property shall have more than three such signs during any election.
The following signs are prohibited:
A.
Off-premises signs shall be prohibited unless approved, in writing,
by the ARB.
B.
Signs which are illuminated by or contain flashing, intermittent,
rotating or moving lights.
C.
Signs which impair or cause confusion of vehicular or pedestrian
traffic in its design, color or placement; signs which impair visibility
for the motorist at a street corner or intersection by placement and
location within 25 feet of the intersection of the street or highway
lines.
D.
Sign or sign supports which are placed upon the roof of any building
or the sides of a building at a greater elevation than the adjacent
properties.
E.
Signs which contain an advertising message extended over more than
one sign placed along a street or highway on the building.
F.
Wall signs which are painted on walls.
G.
Portable signs.
I.
All signs identified in § 462-3I(9). All internally illuminated box signs shall be prohibited. All internally illuminated signs shaped as a letter, logo or graphic shall be prohibited.
J.
Copy-change wall signs.
K.
In any residential district the following signs shall be prohibited:
(1)
Nonilluminated warning, private drive, posted or no-trespassing signs,
which exceed two square feet per face.
(2)
More than one on-premises sign, either freestanding or attached,
in connection with any residential building in any zoning district,
for permitted professional offices. Signs for permitted professional
offices shall also be prohibited if the sign exceeds one square foot;
or is set back less than 10 feet from the property line; or states
more than the name and vocation of the professional; or is illuminated
with a direct glare beyond the limits of the property line. A permit
shall be required for the installation, alteration, or relocation
of a sign for a professional office permitted by this chapter.
(3)
Number and nameplates identifying residents, mounted on a house or
mailbox, which exceed one square foot in area or contain additional
messages thereon.
(4)
Lawn signs identifying residents, which exceed one square foot, or
two square feet if double-faced or are illuminated except by a light
which is an integral part of a lamppost if used as a support; or where
there is an advertising message thereon or if the illumination thereof
produces a direct glare beyond the limits of the property line.
(5)
Private-owner merchandise sale signs for garage sales and auctions
on the premises, which exceed four square feet or which are displayed
for a period which exceeds two days.
(6)
More than one temporary nonilluminated "for sale," "for rent," real
estate sign and signs of similar nature, concerning the premises upon
which the sign is located which are greater than six square feet and
which is not 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. Notwithstanding the above, "open house" real estate
signs shall be removed at the conclusion of the open house.
(7)
Temporary, nonilluminated window signs and posters which exceed 25%
of the window surface.
(8)
Religious holiday decorations, including lighting, which are not
removed within three weeks after the holiday season.
(9)
More than one temporary sign listing the architect, engineer, contractor
and/or owner, on premises where construction, renovation or repair
is in progress. Any such sign which exceeds eight square feet shall
be prohibited.
In the event that a sign lawfully erected prior to the effective
date of this chapter does not conform to the provisions and standards
of this chapter, then such signs shall be modified to conform or be
removed according to the following regulations:
A.
All nonconforming signs for which no permit was issued shall become
prohibited and unlawful structures on the effective date of this chapter
and shall be removed. Such nonconforming signs may be removed by the
Superintendent of Buildings without notice to the property owner or
owner of the sign.
B.
Notwithstanding § 462-6A, if a sign permit application for a conforming sign (to replace a nonconforming sign) is submitted to the Village in conjunction with the Village's Community Development Block Grant Program (CDBG), and such application is compliant with all Village requirements, the nonconforming sign shall be permitted until the CDBG sign permit application is approved, or at the expiration of two years from the effective date of this chapter, whichever time period is shorter. Upon the expiration of such shorter time period, the nonconforming sign shall be removed. The Board of Trustees may extend, upon good cause shown, the time within which a nonconforming sign must be replaced with a conforming sign, provided that a complete application pursuant to this section has been submitted.
C.
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 upon which such sign is located, shall be removed.
If the Superintendent of Buildings shall find that any sign regulated
in this chapter is not used, coded in advertising, is abandoned, unsafe
or insecure, or is a menace to the public, such sign shall be removed.
The Superintendent of Buildings shall revoke any permit issued for
such sign and shall give written notice to the named owner of the
business or the land upon which it is located, who shall remove or
repair the sign within 30 days from the date of the notice.
D.
Notwithstanding anything to the contrary in this section, the Superintendent
of Buildings may cause any sign which is a source of immediate peril
to persons or property to be removed immediately and without notice.
E.
A nonconforming sign shall not be enlarged or replaced by another
nonconforming sign.
F.
The Superintendent of Buildings is authorized to remove or repair
any sign in violation of this chapter. The costs associated with such
repair or removal shall be assessed onto the owners of the land upon
which the sign is located or the business owner located upon such
land.
Any person aggrieved by a decision of the Superintendent of
Buildings relative to provisions of this chapter may appeal such decision
in writing to the ARB. Any person aggrieved by the decision of the
ARB may appeal to the Zoning Board of Appeals.
A.
Any person, firm or corporation, whether as owner, lessee, agent
or employee, who proceeds to erect, re-erect, construct or structurally
alter any sign without first applying for and obtaining the necessary
permit, or who in any other way violates any provision of this chapter,
shall be guilty of an offense and subject to a penalty not to exceed
$500 or 15 days' imprisonment, or both. Each week's continuous
violation shall constitute a separate, additional violation.
B.
In case of a violation of this chapter, the Village and its officers
may, in addition to any other remedies specifically conferred by law
or ordinance, institute any appropriate proceedings to prevent or
remove the unlawful erection, construction, reconstruction, alteration
or use of any sign not in compliance with this chapter. The Superintendent
of Buildings or his agent may cure any violation of this chapter and
assess the owner for all costs incurred for such service.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, morals, safety or the general welfare.
It is not intended to interfere with, abrogate or annul other rules,
regulations or ordinances. Whenever the requirements of this chapter
are at variance with the requirements of any other lawfully adopted
regulations, rules or ordinances, or whenever conflicts exist within
this chapter, the most restrictive, or those which impose the highest
standards, shall govern.
