[HISTORY: Adopted by the Board of Trustees of the Village of Babylon
3-25-1982 by L.L. No. 1-1982 (Ch. 202 of the 1981 Code). Amendments noted
where applicable.]
A.
It is the purpose and intent of this chapter to regulate
signs within the Village of Babylon in order to accomplish the goals of:
[Added 2-14-1984 by L.L. No. 1-1984]
(1)
Avoiding an unsightly proliferation of unnecessary signs.
(2)
Providing for adequate signs for the business community
to communicate its availability to the public.
(3)
Encouraging appropriate use of land use consistent with
the needs of the Village.
(4)
Protecting the public, both pedestrian and motorist,
from improperly located or distracting signs which create a hazard to said
public by virtue of construction, location and/or illumination.
(5)
Maintaining the essential residential character of the
community.
(6)
Enhancing the aesthetic environment of the Village by
encouraging excellence in sign design.
(7)
Preventing depreciation of property values in residential
and commercial areas.
B.
The term "sign," as used in this chapter, is intended
to mean and include, without being limited by the enumeration thereof, any
sign, billboard, showboard, banner, poster, symbol or other device, any pennant,
banner, streamer, string or series of clear or colored lights or other display.
The term "sign" shall not include any such signs which are erected and maintained
by any state, county, town or Village governmental agency in the discharge
of any function, duty or power. Signs are for identification purposes only
and are therefore not meant to announce, declare, demonstrate or in any manner
advertise or attract attention by means of letters, figures or colors displayed
indoors but directed outdoors or displayed out of doors, whether affixed to
windows, glass or freestanding and whether illuminated, nonilluminated or
reflective, except as may be permitted elsewhere in this chapter.
No sign or other advertising matter shall be painted, posted or displayed
on any structure or part thereof or over, upon or across any street or public
place or in any manner whatsoever, except as provided in this chapter.
No existing sign or sign structure shall be enlarged, rebuilt, structurally
altered or relocated, except in accordance with the provisions of this chapter.
This requirement shall not apply to the relettering of signs, except where
it requires a change in sign or method of erection and installation.
[Amended 1-28-2003 by L.L. No. 1-2003]
The applicant must furnish the Building Inspector, within 15 days after
the completion of the electrical hookups for external lighting, all necessary
safety requirements, including but not limited to a Board of Underwriters'
temporary certificate showing that the lighting has been properly installed,
insofar as it applies to all wiring connections and other electrical requirements.
In the event that said Underwriters' certificate is not filed with the Building
Inspector within 15 days after the completion and installation of the external
lighting, the sign permit therefor shall be deemed null and void. The permanent
Underwriters' certificate shall be filed within 60 days from date of permit,
and if not so filed in the office of the Building Inspector the permit shall
be null and void.
No banner, display, string or series of clear or colored lights or other
devices shall be erected and maintained on any lot, on the outside of any
building or attached to the outside of any building in any manner wherein
a business is conducted unless a license therefor shall have been obtained
from the Board of Trustees. The application for such license must include
the following information: size, shape, duration, intensity of light and any
other information necessary to support such a request.
[Amended 1-28-2003 by L.L. No. 1-2003]
Notwithstanding any other provision of this chapter, any sign in existence
at the date of adoption of this chapter which does not conform to the provisions
of this chapter shall be discontinued and removed on or before January 1,
2005, and the failure to discontinue or remove such nonconforming sign on
or before the aforesaid date shall constitute a violation of the provisions
of this chapter. All nonconforming signs in the Village of Babylon at the
time of the adoption of this chapter may be maintained until January 1, 2005,
but if any major change, modification, structural repair or replacement thereof
is hereafter made, such sign shall thereafter conform to the provisions of
this chapter, provided that a legal nonconforming sign may not be replaced
by another nonconforming sign.
A.
No sign shall be so located as to detract from or obstruct
historic buildings from public view.
B.
Any freestanding or resting temporary sign, such as a
sandwich board, easel, lean-to or similar type, shall not in any way impede
the safety of the pedestrian traffic and must in all other respects conform
to this chapter and all other chapters of the Village Code.
[Added 2-14-1984 by L.L. No. 1-1984]
Temporary or permanent signs resting on or attached to vehicles shall
not be used as a means to circumvent the provisions of this chapter.
No sign, whether independently used or as an accessory use to a business
or industry conducted in any building or structure in a business or industrial
district, shall be maintained, altered, constructed, erected, placed or relettered
hereafter on any building or structure, except on a wall fronting on a street
or public highway.
A.
The following signs shall be permitted in residential
districts:
(1)
One sign, not exceeding 1 1/2 square feet in total
area, displaying the street number or the name of the occupant of the premises,
or both.
(2)
One real estate sign, not larger than two feet by three
feet, on one lot advertising the sale or letting of only the premises on which
it is maintained and set back not less than 15 feet from the street line and
not less than 10 feet from each side line. The maximum total height from the
ground shall not exceed four feet.
(3)
One sign, not exceeding 1 1/2 square feet in total area, displaying the name and occupation (words only) of the person conducting such home occupation or profession as is permitted by the applicable subsections of Chapter 365, Zoning, of the Code of the Village of Babylon, including, however, a real estate broker.
(4)
One sign, not exceeding four square feet in total area, displaying the name of such building contractor or subcontractor actually building or making repairs on the premises on which the sign is erected. Such sign shall be maintained only during the time the contractor or subcontractor is actually performing work or repairs on the premises. The location and requirements of setback of such sign shall be the same as set forth in Subsection A(2) of this section.
B.
Except as hereinabove provided, no other sign shall be
permitted at any time in a residential district.
The following signs shall be permitted in business and industrial districts:
A.
A sign painted on any collapsible or roller awning over
a show window facing upon a public highway or street, advertising any business
conducted therein on the premises; provided, however, that the lettering of
such sign or other device displayed thereon shall not exceed 12 inches in
height.
B.
Signs upon the marquees of theaters or hotels may be
permitted, subject to the approval of the Board of Trustees.
C.
One sign not exceeding 24 square feet in total area and
not attached to a building may be erected on the ground of the plot on which
the business or industry is conducted, provided that such sign is not more
then 10 feet in height above the ground or grade; there is an open space of
not less than two feet between the lowest edge of the sign and the ground
level; such sign is constructed and erected on one or more posts and standards
sunk at least three feet below the natural grade of the ground, properly braced,
if necessary, by timber or metal; such sign is approved as to structure and
safety by the Building Inspector in accordance with recognized engineering
standards; and such sign or any part thereof shall not overhang or encroach
upon any public street or place or be erected or maintained so as to obstruct
the clear view of any street, intersection or public place in any direction.
Such sign may be used for displaying the name of the occupant, the name of
any business, profession or occupation conducted in such building or to advertise
the sale or rental of the premises.
D.
One sign displayed or painted on or attached to a wall
or facade of a building or of a storefront projecting not more than 10 inches
from such wall or facade, when used for advertising the name or any business
conducted in such building; provided, however, that no such sign shall be
constructed or attached to any wall or building so as to obstruct any window,
door or other opening of the same. In any case, such sign shall not cause
any window or door or exit of a building to be blocked in any manner. The
maximum overall dimensions of such sign shall not exceed a maximum vertical
measurement of three feet and a horizontal measurement not to extend beyond
the frontage of the wall on which it is displayed.
E.
No sign shall be erected or maintained on any roof or
setback of a building.
F.
One sign, not exceeding four square feet in total area,
displaying the name of such building contractor or subcontractor actually
building or making repairs on the premises on which the sign is erected. Such
sign shall be maintained only during the time the contractor or subcontractor
is actually performing work or repairs on the premises.
G.
No sign shall be permitted unless it conforms to the
following requirements:
(1)
It shall be distant not less than 10 feet from the street
line when not attached to a building, but in no case shall the sign be nearer
the street line than the overall height of said sign.
(2)
It shall be distant not less than 30 feet from a street
intersection when not attached to a building.
(3)
It shall be distant not less than 100 feet in any direction
from a curve or bend in a street when not attached to a building.
(4)
Signs shall be fixed and shall not rotate or oscillate.
Proof that such sign complies with the standards and requirements of the New
York Board of Fire Underwriters and any other governing, regulating or approving
body or agency having jurisdiction or cognizance of electrical requirements
and safety for external lighting of signs shall be submitted with the application
for such sign and upon the completion of the erection or installation of such
sign.
[Amended 1-28-2003 by L.L. No. 1-2003]
H.
Pylon or pole signs shall be permitted only at gasoline
or service stations located in business or industrial districts and shall
not exceed 30 square feet, and the top of the same shall not exceed 20 feet
in height above ground level.
A.
Directional signs for aviation purposes only, painted
on flat roofs, are permitted in business and industrial districts.
B.
[1] No directional sign shall be erected or maintained at any time
within the territorial limits of the Village, and for the purpose of this
subsection, "directional sign" shall mean and include any sign device or display
advertising and directing the public, by symbol or otherwise, to any business,
commercial enterprise, housing development, social or other organizational
activity, exhibition, show, sporting event, fair, bazaar, place of entertainment
or amusement conducted or maintained either within or without the territorial
limits of the Village.
C.
The Board of Trustees may, upon proper application, grant
a license to erect, locate and maintain signs of a different size, character
or type than provided in this chapter. Such license may be granted upon condition
that the sign shall be erected and maintained for a period of 30 days or less
or upon such other terms and specifications as the Board of Trustees may direct.
D.
Permits shall be issued without payment of a fee for
temporary signs for public benefit, educational, religious and charitable
uses, provided that such temporary signs shall not exceed an area of 15% of
the total window area available to the merchant fronting on a street or public
accessway and shall not be used or maintained for a period exceeding 15 days.
Permits for small temporary and directional signs may be issued by the Board
of Trustees upon application by letter in writing therefor, indicating the
nature of the sign and the quantity proposed to be erected.
[Amended 2-14-1984 by L.L. No. 1-1984]
A.
The following signs are prohibited in any district:
(1)
Overhanging signs shall not be permitted in the Village of Babylon.
(2)
Any sign attached to any tree, fence or utility pole, unless
otherwise provided in this chapter.
(3)
The outlining by direct illumination of all or part of a building,
such as a gable, roof, wall, side or corner is prohibited, except during the
Christmas season.
(4)
Any sign or external lighting fixture designed to oscillate,
rotate or flash in any manner or in any animated manner.
[Amended 1-28-2003 by L.L. No. 1-2003]
(5)
Any internally lit electrical sign (signs are allowed to be lit
by external lighting only), as well as any electrical window sign, neon tubing
and the like.
[Added 1-28-2003 by L.L. No. 1-2003]
B.
Phone numbers on signs are prohibited.
[Added 1-28-2003 by L.L. No. 1-2003]
A.
Every sign and sign structure for which a license shall
have been issued under this chapter shall be inspected every two years by
or under the direction of the Building Inspector.
B.
Any sign now or hereafter existing which no longer advertises
a bona fide business conducted shall be taken down and removed by the owner,
agent or person having the beneficial use of the building or structure, property
or premises upon which such sign may be found within 30 days after written
demand for removal by the Building Department. Upon failure to comply with
such demand within the time specified, the Building Department is hereby authorized
to cause removal of such sign, and any and all expenses incidental thereto
shall be paid by the owner of the building, structure, property or premises
to which such sign is attached.
C.
Any sign requiring a sign permit which does not have
such a permit, or which does not have a sign permit number displayed on its
face, or which has had its permit revoked shall be deemed to be an illegal
sign under the provisions of this chapter. The Building Inspector 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 of the part of or
of the entire building, structure or lot where said sign is located, requiring
such owner or lessee or tenant to remove such illegal sign within seven days.
Such notice may be served personally or by certified mail, return receipt
requested. Upon failure of such owner or lessee or tenant to remove said sign
within seven days of receipt of notice, the Building Inspector is authorized
to enter upon such property and remove any such illegal sign. No liability
shall attach to the Village of Babylon, nor to any officers, employees or
agents of the Village of Babylon, except acts of affirmative negligence, in
connection with the removal of any such illegal sign.
A.
Should any sign or sign structure be or become insecure
or in danger of falling or become in any way unsafe in the opinion of the
Building Inspector, the owner thereof or the person maintaining the same shall,
upon notice from the Building Inspector, forthwith in the case of immediate
danger, and in any case within five days after such notice, remove such unsafe
sign or secure the same under the supervision and in the manner approved by
the Building Inspector and in conformity with this chapter.
B.
If such sign is not removed or made safe within five
days after such notice has been served upon the permittee or owner, the Building
Inspector may enter upon the property, in the name of public safety, and cause
such sign to be removed summarily and without further notice. The costs for
removal are to be assessed to the property owner.
C.
Signs shall be maintained to preserve their physical
appearance and structural integrity to the satisfaction of the Building Inspector.
[Added 1-28-2003 by L.L. No. 1-2003]
No sign shall be erected, maintained or altered without first obtaining
a permit from the Building Inspector and paying the required fee set forth
in this chapter. Any person, including, without limitation, the owner, tenant
or occupant of the property whereon the sign is erected, his employees or
agents, the manufacturer, fabricator or painter of such sign, who shall erect
or cause to have erected any sign prior to the time a license therefor shall
be granted shall be deemed to have violated this chapter and shall be subject
to the penalties set forth in this chapter. The number of the license for
such sign shall at all times be affixed to or painted on the lower right corner
of the sign, and failure to so affix and maintain such number shall constitute
cause for immediate revocation of the license, in addition to any other penalties
prescribed by this chapter.
Application for a license shall be made to and filed with the Building
Inspector on a special form prepared for that purpose.
A.
The application shall contain plans and specifications
of the proposed sign, including a description thereof, its size, material,
location, illumination or pictorial matter, method of erection and such other
information as may be necessary to determine whether the sign will conform
to the provisions of this chapter. All plans and specifications submitted
to the Building Inspector in connection with an application for a sign permit,
except paper, cardboard or similar temporary signs, must have affixed thereto
a seal of approval from the Architectural Review Board. No sign permit requiring
submission of plans and specifications therefor under this chapter shall be
issued by the Building Inspector unless such plans and specifications contain
a seal of approval from the Architectural Review Board.
[Amended 2-27-1990 by L.L. No. 1-1990]
B.
The application shall contain an agreement on the part
of the applicant that, in consideration of the granting of such license by
the Building Inspector, said applicant shall save and keep harmless the Village
of Babylon, its officers, agents and employees from any liability for or by
reason of any injury to any person or property as a result of his negligence
or otherwise in connection with said sign.
C.
In consideration of the granting of such permit by the
Building Inspector, the applicant will provide the Building Inspector with
certification of an insurance policy in effect at the time insuring both the
applicant and the Village against any and all claims for personal injury or
property damage that in any manner results from said sign. Also, this certification
shall not be canceled or in any way amended without providing the Building
Inspector with 10 days' written notice.
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter.
