[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 12-14-2009 by L.L. No. 51-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
A.
The purpose of this chapter is to regulate existing and proposed
signs in order to:
(1)
Protect property values.
(2)
Create and promote an attractive economic business climate.
(3)
Enhance and protect Amityville's physical appearance and environment.
(4)
Preserve the scenic and natural beauty of the Village.
(5)
Provide a more enjoyable and pleasing community.
(6)
Reduce sign or advertising distractions and obstructions that may
contribute to traffic accidents.
(7)
Reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way.
(8)
Avoid unconstitutional prohibitions of noncommercial speech.
B.
SIGN
As used in this chapter, the following terms shall have the meanings
indicated:
Any structure or part thereof or any device for visual communication,
either illuminated or nonilluminated, whether freestanding or attached
to a building or painted or represented thereon, or displayed from
the inside thereof, which shall display or include any letter, word,
model, banner, pennant, logo, insignia, device, trade, flag, symbol
or representation which is in the nature or which is used for the
purpose of bringing the subject thereof to the attention of the public
as an announcement, direction or advertisement for commercial purposes
or otherwise. A "sign" includes any message and any billboard, neon
tube, string of lights or similar device placed upon, outlining, hung,
painted upon, displayed from within or attached to part of a building
or lot, but does not include the flag or insignia of any nation or
group of nations or of any governmental agency or subdivision.
[Amended 2-24-2020 by L.L. No. 1-2020]
A.
The area, brilliance, character, degree, density, intensity, location
and type of illumination shall be the minimum necessary to provide
for the security of the property and the safety and welfare of the
public.
B.
All sources of illumination on front-lighted signs shall be indirect
and shall be positioned so that the direct rays of such sources are
cast upon the sign from in front thereof. Such sources of illumination
shall also be shielded so that the direct rays therefrom are not cast
upon any property other than the lot on which such illumination is
situated.
C.
Illumination on front-lighted signs shall be white, fluorescent or
incandescent, steady in nature and not flashing or moving or changing
in brilliance, color or intensity.
D.
Backlighted signs shall have an opaque face; only the letters and
business symbols set forth thereon may consist of translucent material
which shall be made of white or colonial colors.
E.
Backlighted signs. Illumination shall be white, steady in nature
and not flashing, moving or changing in brilliance, color or intensity.
No types of signs shall be erected or maintained except as provided
in this chapter. Billboards, whether freestanding or attached to a
building or other structure, are hereby specifically prohibited in
the Village of Amityville.
A.
Wall signs. A sign painted on or recessed or affixed in any manner
to any wall of a structure shall be classified as a wall sign.
(1)
No such sign shall project above the parapet or eaves or roofline,
whichever shall be the lowest part of the structure on which it is
erected.
(2)
No such sign or any part thereof shall project more than 12 inches
from the wall to which it is affixed.
(3)
The bottom edge of or any appendage to such sign shall be not less
than 10 feet above grade at such sign.
(4)
No such sign or signs shall cover wholly or partially any wall opening
or project beyond the ends of the wall to which it is attached.
B.
Freestanding signs. A sign freestanding on the ground or supported by one or more uprights upon the ground, with or without braces and not attached to a structure, shall be classified as a freestanding sign. No such sign or any part thereof shall project beyond any property line and such signs shall comply with the Americans with Disabilities Act of 1990, as amended. The size, height and setback requirements for freestanding signs shall be as set forth in §§ 144-5, 144-6, 144-7, 144-7.1, and 144-8 of this Code for the applicable zoning district.
[Amended 2-24-2020 by L.L. No. 1-2020]
C.
Window or inside signs. A sign erected or maintained in the interior
of a building, visible from any public or private street or highway
or any public or private parking lot or facility, shall be classified
as a window or inside sign.
D.
Projecting sign. A sign attached to a building facade or an awning
or canopy and perpendicular to the building facade.
[Added 4-12-2021 by L.L.
No. 2-2021]
A.
A sign may be permitted only in connection with a permitted use or
for constitutionally protected noncommercial messages.
B.
Signs shall relate solely to constitutionally protected noncommercial
messages or to the business or profession conducted on the premises.
Such business or professional signs shall advertise only the name
of the owner or lessee, the name, address and telephone number of
the establishment, the type of establishment, the goods manufactured
or sold or the services rendered, or any symbol, logo or icon customarily
used or reasonably related to such establishment, goods or services.
C.
No sign shall be constructed, erected or located which will obstruct
the visibility with respect to the safety of the motorist or pedestrian
proceeding along the public way or entering or leaving a lot.
D.
All illuminated signs shall be illuminated by a steady source and
shall contain no moving or flashing parts. The illumination, if located
so as to be confused with traffic signals, shall not be green, red
or orange-yellow.
E.
No signs may be constructed, erected, provided, maintained, altered
or moved on a lot on which exists a nonconforming sign, unless all
signs on such lot are made to conform.
F.
A canopy, projecting or wall business sign shall be permitted only
on the front face of a structure, except that on a corner lot situated
in a business district, a second wall business sign facing a side
street may be permitted.
G.
A freestanding business sign shall be located only in a front yard and no closer to side lot lines than the required side yard and shall be limited to one on a lot, unless otherwise specified in § 144-8.
H.
No signs, except directional or traffic signs, shall be permitted
on public streets or rights-of-way.
I.
Nonilluminated directional signs are permitted in any district, provided
that such sign or signs shall not exceed two square feet in area and
that the number on a lot applicable to a use thereon shall not exceed
the number of approved ingresses and egresses thereon.
J.
K.
No billboards shall be permitted.
L.
No wind flags, wind socks, balloons or inflatable signs shall be
permitted.
[Amended 1-24-2011 by L.L. No. 1-2011; 2-24-2020 by L.L. No. 1-2020]
M.
No neon-illuminated signs shall be permitted without a variation
from the Planning Board, provided that one "open" neon sign shall
be permitted with maximum dimensions of 12 inches by 18 inches, and
steady, non-flashing or -rotating illumination.
[Amended 2-24-2020 by L.L. No. 1-2020]
N.
No sign within a building shall be illuminated in such a manner as
to distract passing motorists.
[Added 2-24-2020 by L.L.
No. 1-2020]
O.
LED window perimeter lighting is permitted in warm winter white color
only.
[Added 2-24-2020 by L.L.
No. 1-2020]
P.
The owner and the occupant of any property or portion thereof having
one or more signs thereon shall be liable for any violation of this
chapter at said premises.
[Added 2-24-2020 by L.L.
No. 1-2020]
No sign shall be erected in any residence district, except the
following:
C.
Signs conveying a constitutionally protected noncommercial message.
D.
Signs in SC Senior Citizen Residence District. No sign shall be erected
in the SC Senior Citizen Residence District except one freestanding
sign per parcel, which sign shall not be higher than 10 feet above
ground level and shall not exceed 20 square feet, and shall contain
only the name of the complex and may contain the words "for senior
citizens."
E.
No sign shall be erected in the TO Zoning District except one wall
sign and one freestanding sign. Said freestanding sign shall not be
higher than 10 feet above ground level and shall not exceed 20 square
feet, and shall contain only the name of the complex.
[Added 2-28-2022 by L.L.
No. 2-2022]
F.
No sign shall be erected in the PR Zoning District except one wall
sign and one freestanding sign on each street abutting the property.
Said freestanding sign shall not be higher than 10 feet above ground
level, shall not exceed 40 square feet in total area, and shall contain
only the name of the complex.
[Added 11-25-2019 by L.L.
No. 4-2019]
No sign shall be permitted in the H Historical District with
an area in excess of 20 square feet nor a maximum height above ground
level in excess of 10 feet, and a minimum setback from the front property
line of five feet.
A.
No sign shall be erected in the PM Professional-Mixed Use District
except one freestanding sign per parcel, which sign shall not be higher
than 10 feet above ground level and shall not exceed 12 square feet
for one office on the premises nor a total of 16 square feet if more
than one office is referred to thereon.
Signs erected in the business and industrial districts shall
be governed by the following regulations:
B.
Wall signs.
(1)
Maximum permitted: one per lot, except for corner lots where one
is permitted facing each street, and one additional wall sign on the
rear wall for a building with a rear entrance facing a municipal parking
lot.
(2)
Size: shall not exceed an area of 1.5 square feet for each horizontal
foot of the wall to which it is attached, except for rear entrance
wall signs which shall have a maximum area of one square foot for
each horizontal foot of the rear wall of such building.
C.
Window signs.
(2)
Paper or temporary signs.
(a)
Maximum area: cumulative area of such signs not to exceed 30%
of the window area in size.
(b)
Paper or temporary signs may be placed in a window for not more
than 30 consecutive days without a permit, provided that the date
such signs are placed in the window shall be conspicuously set forth
on the face of each sign. The Code Enforcement Officer shall also
have the right to date stamp any such sign.
[Amended 2-24-2020 by L.L. No. 1-2020]
(c)
The minimum size of any paper or temporary sign shall be two
square feet.
D.
Theater signs.
(1)
Number permitted: one on the front wall of the building in which
the theater is located, above the front entrance door, advertising
the name of the theater only or displaying a constitutionally protected
noncommercial message.
(2)
Maximum dimensions: 30 square feet.
(3)
Marquee-type signs shall be permitted only upon approval by the Board
of Trustees.
E.
Projecting signs.
[Added 4-12-2021 by L.L.
No. 2-2021]
(1)
Number permitted: one per business at each premises.
(2)
Maximum projection: three feet from building facade.
(3)
Maximum area: four square feet per sign.
(4)
Signage content: same on both sides of sign.
(5)
Height of sign: minimum of seven feet six inches and maximum of 12
feet above ground level.
[Added 4-12-2021 by L.L.
No. 2-2021]
A.
There is hereby established a Broadway Corridor Overlay District
wherein the Planning Board has authority to promulgate and apply guidelines
for the signs installed or to be installed in said Broadway Corridor
to promote sign uniformity and a more appealing downtown for vehicle
and pedestrian traffic.
B.
Said Broadway Corridor Overlay District shall consist of both sides
of Broadway (NYS Rt. 110) between West Smith Street and Merrick Road,
including Park Avenue north of Ireland Place.
C.
Signs within such Broadway Corridor shall comply with said guidelines
as to size, placement, lighting, colors and type of sign, provided
that such signs shall not be inconsistent with the general requirements
for signs depending on the location of such signs within the Business
or Historical Districts as set forth in this chapter.
D.
Said guidelines shall apply to all signs now and hereafter installed
within such Broadway Corridor, and nonconforming signs shall be phased
out and replaced with signs conforming with said guidelines within
five years of the enactment of this section.
A.
The Board of Trustees may grant permits for the erection of temporary
signs, banners or transparencies intended for special events or other
uses not exceeding 30 days, upon such conditions as it may determine.
B.
No permit shall be required for a contractor's sign not exceeding
16 square feet in area, provided that such sign is displayed at the
premises where, and during the period when, the construction is being
performed.
[Amended 2-24-2020 by L.L. No. 1-2020]
C.
No sign expressing support for or against a candidate for public
office shall be placed on any property more than 18 days prior to
the date of an election for such office without a permit from the
Board of Trustees. Any such signs shall be removed within 48 hours
following the date of said election.
[Added 2-24-2020 by L.L.
No. 1-2020]
A.
The provisions of this chapter shall not prohibit the erection and
maintenance of signs on a marquee or canopy, provided that permission
for the erection and maintenance of such marquee or canopy has been
duly obtained and is in effect. The Board of Trustees may grant such
permit, revocable at its pleasure, upon such conditions and for such
period as it may determine.
B.
Notwithstanding the provisions of this chapter, signs not exceeding
six inches in height may be painted on or applied to the valance of
awnings over a shop window facing a public street or parking area.
No sign shall be erected on a roof or extend above a parapet
wall.
Every sign shall be maintained in a good state of repair and
shall be kept neatly painted.
The Code Enforcement Officer may enter any premises to inspect
signs and report whether same are in a safe condition.
It shall be unlawful for any person to erect, construct, alter,
paint, repaint, relocate, reconstruct, upgrade or display, or cause
to be erected, constructed, altered, painted, repainted, relocated,
reconstructed, upgraded or displayed any illuminations or signs, except
an authorized sign in a residence district, without first having obtained
a sign permit from the Code Enforcement Officer. Such permit may be
issued by the Code Enforcement Officer if the proposed sign conforms
to all applicable provisions of the Code. If said proposed sign does
not so conform, no permit shall be issued unless and until a variation
for such nonconformity has been granted by the Planning Board. The
Code Enforcement Officer may refer any permit application to the Planning
Board for a preliminary determination as to whether the proposed sign
is in conformity with this chapter prior to the issuance of such permit.
A.
Application for the permit shall be made in writing to the Code Enforcement
Officer and shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location of the building, structure or land to which or upon
which the sign is to be erected.
(3)
A detailed drawing or blueprint showing a description of the construction
details of the sign and showing the color, lettering and/or pictorial
matter composing the sign, the position of lighting or other extraneous
devices and a location plan showing the position of the sign on any
building or land.
(4)
Written consent of the owner of the building, structure or land to
which the sign is to be erected, in the event that the applicant is
not the owner thereof.
(5)
Certification of an electrical inspection by a qualified person or
firm.
B.
A fee shall be paid to the Code Enforcement Officer with each sign permit application. The amount of said fee shall be established by resolution by the Board of Trustees. Where work for which a sign permit is required is begun prior to obtaining a permit therefor, the fee will be doubled, but the payment of such fee shall not release any person from fully complying with the requirements of this chapter in the execution of the work nor from the penalties prescribed in Chapter 1, Article II.
C.
Notwithstanding the foregoing, no permit fee shall be charged by
the Code Enforcement Officer to repaint, reconstruct or upgrade an
existing sign for which a sign permit had previously been issued unless
there is a substantive change in the content, design or color thereof.
The Code Enforcement Officer may revoke any sign permit after
inspection in the event that there is any false statement or misrepresentation
as to a material fact in the application upon which the permit was
based or if the sign is not erected in accordance with the permit.
A.
The Planning Board may, in a specific case, after public notice and hearing in accordance with the requirements of Chapter 24, determine and vary the provisions of this chapter as a variation only upon the following terms and conditions:
(1)
In all districts, only if the Planning Board finds that the proposed
sign is in harmony with and is consistent in appearance with and will
preserve or enhance:
(a)
The value of neighboring and adjacent buildings and structures
and the district as a whole or a part thereof.
(b)
The visual relationship between the property in question and
existing structures and the character of the district as regards architectural
style in relationship to properties which are within view of existing
structures or buildings of historical significance or meritorious
architectural quality.
(c)
The maintenance of the visual character of the district as indicated
by such matters as setbacks, heights, materials, mass, line, color
and detail.
B.
In granting a variation pursuant
to this section, the Planning Board shall also consider the following:
(1)
Whether such sign will contribute to the devaluation of any property
in the area, or to the general deterioration of the neighborhood in
which it is placed, by reason of size, location on a premises or aesthetic
appearance.
(2)
Whether such sign will interfere in any way with vehicular or pedestrian
visibility or create or contribute to the creation of any traffic
hazard.
[Amended 3-8-2010 by L.L. No. 2-2010]
A.
Any legal sign, whether by permit, special exception or by virtue
of such sign having existed before the Sign Ordinance or by being
legally nonconforming, in existence on the effective date of this
section, which violates or does not conform to the provisions of this
Code shall be altered, removed or replaced to comply with such provisions
within five years of the effective date hereof.
B.
Any illegal sign shall be immediately altered, removed or replaced
to comply with the provisions of this chapter.
Any sign which ceases to advertise or identify a person, trade or business located at a premises shall be removed within 30 days of the departure of such person or the discontinuance or termination of said trade or business. Failure of the owner or occupant to remove such sign within said period, after written notice, shall be an offense punishable as provided in § 1-9 of this Code.
