Town of Huntington, NY
Suffolk County
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Table of Contents
Table of Contents
[Amended 10-27-1970 by Ord. No. 70-ZC-10; 7-6-1971 by Ord. No. 71-ZC-10; 7-6-1971 by Ord. No. 71-ZC-13; 7-27-1971 by Ord. No. 71-ZC-15; 9-14-1971 by Ord. No. 71-ZC-17; 8-5-1975 by Ord. No. 75-ZC-57; 4-7-1981 by Ord. No. 81-80-ZC-95; 1-26-1982 by Ord. No. 82-ZC-108; 6-12-1990 by Ord. No. 90-ZC-233; 4-4-2000 by L.L. No. 6-2000; 9-10-2002 by L.L. No. 39-2002; 10-26-2004 by L.L. No. 34-2004; 5-10-2005 by L.L. No. 18-2005]
It is the intention of the Town Board to exercise its police power and zoning authority to (a) assure the compatibility of signs with the surrounding environment, (b) create a more attractive economic and business climate; (c) conserve property values in all areas, (d) protect public investment in streets and highways, (e) promote the welfare and safety of motorists and town residents, (f) safeguard the streetscape of the Town, (g) prevent property damage and personal injury which may result from signs which are improperly constructed, secured or poorly maintained, (h) balance public and private objectives, and (j) promote the use of signs which are aesthetically pleasing, of appropriate scale, and integrated with surrounding buildings and landscape, in order to meet the community's expressed desire for quality development.
Any sign lawfully existing prior to the effective date of an amendment to this Chapter, which, by virtue of such amendment, does not conform to the requirements of the Chapter, shall be permitted to remain in place for a period of two (2) years of the effective date of such legislation. Such signs and sign assemblages shall be brought into compliance with current requirements or shall be dismantled and removed from their location prior to the expiration of such period. The property owner and person or business entity for whose benefit the sign is placed, shall be responsible for compliance with the provisions of this section and the failure to do so shall be deemed an offense against this chapter.
Except as otherwise set forth in this article:
(A) 
The following signs in all Districts shall be exempt from the requirement of a sign permit. Such signs shall not interfere with vehicular or pedestrian travel or cause a public hazard or nuisance.
(1) 
Signs required by statute, law or as a result of legal proceedings; and signs of official nature posted for public or governmental purposes by federal, state, county or local agencies.
(2) 
Any directional, directory, or announcement sign posted or installed by a municipality in connection with a public building or public event, as long as the sign is not more than eighteen (18) square feet in area.
(3) 
Public information signs.
(4) 
Text or images displayed for aesthetic or educational purposes as part of a public art project authorized by the Town of Huntington or other governmental agency having jurisdiction, as long as commercial advertising or copy promoting or drawing attention to any item, product, event, attraction, business, trade, entertainment or service sold, offered, performed or manufactured is not a part of the presentation.
[Added 6-20-2006 by L.L. No. 19-2006[1]]
[1]
Editor's Note: This local law also redesignated former Subsection A(4) through (12) as Subsection A(5) through (13), respectively.
(5) 
Danger or cautionary signs posted by a public utility company or public carrier to warn or inform the public.
(6) 
One (1) real estate sign not more than six (6) square feet in area announcing the sale, lease or rental of the premises, as long as the sign is displayed on the property which is for sale, lease or rent. On lots greater than thirty-five thousand (35,000) square feet which are either located in a commercial or industrial district, or are utilized for commercial or industrial purposes, a real estate sign shall not exceed thirty-two (32) square feet.
(7) 
One (1) nonilluminated announcement sign of a permanent nature accessory to the use of the property by a charitable, educational, philanthropic, civic or religious organization, as long as the sign is not located closer than ten (10) feet from any property line and is not more than six (6) square feet in area. Such sign may be up to thirty-two (32) square feet in size, if it is not in place for more than thirty (30) days.
(8) 
Historical markers and tablets, memorial signs, plaques and emblems installed by governmental agencies, where no public hazard is created and the space does not exceed four (4) square feet.
(9) 
Signs located at designated public transit bus stops and on bus shelter canopies, provided that the Town Board has licensed the use of such areas for signage.
(10) 
Signs on vehicles operated by the Town of Huntington or other municipality that provide public transportation.
(11) 
Signs on licensed commercial vehicles, such as vehicles regularly used in the regular course of business, including trailers, provided such vehicles and trailers are not utilized as parked or stationary outdoor display signs.
(12) 
Signs located within malls, courts, arcades and similar areas where such signs are not visible from any point beyond the boundary of the property.
(13) 
Signs temporarily required to be posted in connection with an application before the Town Board, Zoning Board of Appeals, Planning Board or other governmental agency or Board provided such signs are removed as provided in the applicable provisions of the Town Code, or other law or rule.
[Amended 6-20-2006 by L.L. No. 19-2006]
(14) 
Bed and Breakfast. One non-illuminated sign advertising vacancies shall be permitted. The sign shall not exceed six (6) square feet in size.
[Added 1-8-2013 by L.L. No. 2-2013]
(15) 
"No trespassing", "no dumping", "no loitering" and other similar signs restricting activity not exceeding four (4) square feet in area.
[Added 1-8-2013 by L.L. No. 2-2013; amended 11-20-2018 by L.L. No. 36-2018]
(16) 
Suspended I.D. signs measuring a maximum length of two (2) feet and containing copy or lettering not exceeding six (6") inches in height.
[Added 11-20-2018 by L.L. No. 36-2018]
(17) 
Holiday decoration and signs; signs announcing a fundraising event by school, religious, charitable, benevolent or philanthropic organizations and not-for-profits with no commercial advertising or copy.
[Added 11-20-2018 by L.L. No. 36-2018]
(18) 
Identification signs mounted or attached to a donation bin.
[Added 11-20-2018 by L.L. No. 36-2018]
(19) 
Non-illuminated, non-commercial themes or copy which are permanently engraved, etched or attached to a building, and incorporated into its overall design or facade such as commemorative tablets or carvings identifying the name or date of the erection of buildings; commemorative sculptures or graphic art and designs including images depicting real or allegorical persons or historical events; and inscribed dedications or quotations of significance.
[Added 11-20-2018 by L.L. No. 36-2018]
(20) 
Residential Subdivision or Site Development identification signs at road entrances where there is an established homeowner's association or rental management company.
[Added 11-20-2018 by L.L. No. 36-2018]
(21) 
Menu boards mounted on frontages of restaurants and bistros not to exceed six (6) square feet.
[Added 11-20-2018 by L.L. No. 36-2018]
(B) 
The following signs in all Districts shall not require a sign permit but shall be subject to an inspection and the payment of an inspection fee as provided in § 198-99(B)(3):
(1) 
Nonilluminated directional signs not more than two (2) square feet in area.
[Amended 1-8-2013 by L.L. No. 2-2013]
(2) 
One (1) freestanding non-illuminated directory sign not more than four (4) square feet in area nor more than eight (8) feet in height at each point of egress and ingress to a premises used for nonresidential purposes.
[Amended 1-8-2013 by L.L. No. 2-2013]
(3) 
One (1) nameplate and one (1) home occupation sign, each not more than two (2) square feet in area and nonilluminated, except that a sign placed to announce the office of a physician may be illuminated.
(4) 
One (1) nonilluminated sign not more than twelve (12) square feet in area announcing the sale of agricultural products or animals raised on the premises.
(5) 
One (1) directly or indirectly illuminated announcement sign accessory to the use of property by a charitable, educational, philanthropic, civic or religious organization, including bulletin boards customarily used by religious organizations, provided that the sign is not more than twenty (20) square feet in area or located closer than ten (10) feet from any property line.
(6) 
One (1) changeable copy message board not exceeding twenty (20) square feet in size. An underwriter's certificate or electrical certification satisfactory to the Town shall be provided before an inspection is scheduled. Only one (1) message board shall be permitted on any premises. All electronic message boards shall comply with the provisions of Chapter 143.
[Added 1-8-2013 by L.L. No. 2-2013]
(7) 
Drive-through. One menu board not exceeding thirty-two (32) square feet and one (1) pre-menu board not exceeding sixteen (16) square feet. Only one (1) menu board and one pre-menu board shall be permitted per business establishment regardless of the number of drive-through lanes in use. Each illuminated menu board shall comply with the provisions of Chapter 143.
[Added 11-20-2018 by L.L. No. 36-2018]
(C) 
The following signs shall be permitted in the R-3M, R-HS and R-RM, Residence Districts, C-1 Office-Residence District and C-12 Professional District:
[Amended 6-11-2008 by L.L. No. 17-2008]
(1) 
One (1) indirectly illuminated monument sign not more than ten (10) square feet in area, for multiple dwelling residential uses, which shall contain only the name, address and contact number of the building management or other responsible party.
[Amended 1-8-2013 by L.L. No. 2-2013]
(2) 
For commercial uses in the C-1 and C-12 Districts, one (1) indirectly illuminated facial sign not more than ten (10) square feet in area, which shall contain only the name and address of the building and the management thereof, and one (1) nonilluminated nameplate not more than one (1) square foot in area, attached to the face of the building, for each office occupant.
(D) 
The following signs shall be permitted in the C-2 Single Purpose Office Building District and in the I-1, I-2, I-3 and I-4 Light Industry Districts:
(1) 
One (1) directly or indirectly illuminated facial or roof identification sign for the main building, provided that no such sign shall be more than four (4) feet in vertical dimension, nor more than sixty (60) square feet in area.
[Amended 1-8-2013 by L.L. No. 2-2013]
(2) 
One (1) monument sign.
(3) 
In the case of buildings used for multiple tenancy, not more than three (3) facial or roof identification signs shall be permitted on the frontage of the building, provided that such signs shall not be more than four (4) feet in vertical dimension, nor more than sixty (60) square feet in aggregate area for each sign.
[Amended 1-8-2013 by L.L. No. 2-2013]
(E) 
The following signs shall be permitted in the C-3, C-4, C-6 Huntington Station Overlay District, C-7, C-9, C-10 and C-11 Business Districts:
[Amended 10-6-2009 by L.L. No. 19-2009; 1-8-2013 by L.L. No. 2-2013]
(1) 
Directly or indirectly illuminated facial or roof identification signs for each business establishment. The total area of all identification signs allowed for any permitted structure shall not exceed thirty (30) square feet for each business located on the property or fifteen (15%) percent of the area of the principal frontage of the building, whichever is greater. In no event shall more than three (3) facial identification signs or one (1) roof identification sign be permitted for each business establishment.
(F) 
The following signs shall be permitted in the C-5, C-6 and C-8 Business Districts:
[Amended 10-6-2009 by L.L. No. 19-2009]
(1) 
Directly or indirectly illuminated facial or roof identification signs for each business establishment. The total area of all identification signs allowed for any permitted structure shall not exceed sixty (60) square feet for each business located on the property or fifteen (15%) percent of the area of the principal frontage of the building, whichever is greater. In no event shall more than three (3) facial identification signs or one (1) roof identification sign be permitted for each business establishment.
[Amended 1-8-2013 by L.L. No. 2-2013]
(2) 
A marquee may be permitted where accessory to a permitted theater, hotel or as otherwise provided in this Chapter. The sign area of a marquee shall be included in the total sign area allowance permitted in the District where the property is located.
(G) 
The following signs shall be permitted in the I-5 General Industry District:
(1) 
Not more than one (1) directly or indirectly illuminated identification sign shall be permitted on each of two (2) frontages of a building, provided that no such sign shall be more than four (4) feet in vertical dimension, nor more than sixty (60) square feet in area. Such signs shall be facial signs, and no freestanding signs shall be permitted, except one (1) freestanding monument sign subject to the size and location restrictions set forth in Subsection (I)(2) herein.
(H) 
The following signs shall be permitted in the I-6 Generating Station District:
(1) 
One (1) indirectly illuminated facial identification sign on each street frontage, provided that such sign shall not be more than one hundred (100) square feet in area nor more than fifteen (15) feet in height and no such sign shall be erected within fifty (50) feet of a street line.
(I) 
The following signs shall be permitted in all commercial districts or commercially-utilized properties unless otherwise noted:
(1) 
Interior signs limited to twenty-five (25%) percent of the total area of the window in which they are displayed.
(2) 
One (1) freestanding identification or monument sign not larger than thirty-two (32) square feet may be erected. For each foot of setback provided in excess of the required setback, the sign area may be increased by two (2) square feet to a maximum sign area of ninety-six (96) square feet for a freestanding sign and sixty (60) square feet for a monument sign, subject to the limitations listed below. Any proposed freestanding or monument sign within a Historic District or Historic Overlay District shall be subject to the review and approval of the Huntington Historic Preservation Commission, as well as the Director of Public Safety. In the C-7 Zoning District, freestanding and monument signs shall not exceed thirty-two (32) square feet.
[Amended 1-8-2013 by L.L. No. 2-2013]
(a) 
The height of such freestanding or monument sign from grade to the top of the sign structure shall not exceed one-half (1/2) of the square footage of the sign area to a maximum of thirty (30) feet. In the C-7 Zoning District such signs shall not exceed sixteen (16) feet in height.
(b) 
No variance shall be granted so as to permit a sign larger in dimension than provided in this article for the particular district and any such sign shall be included in computing the total sign allowance.
(c) 
Not more than one (1) such sign shall be permitted for each lot or property regardless of the number of buildings located on the property or the number of business enterprises located within each building.
(d) 
No sign shall be erected or maintained so that any portion of the sign or assemblage is located within ten (10) feet of a street right-of-way line.
(e) 
No more than one (1) facial or roof identification sign shall be permitted if the applicant elects to erect a sign pursuant to this section.
(f) 
An additional five (5) square feet of sign may be permitted solely for the street number on any permitted sign.
(g) 
When a freestanding or monument sign is included on a site plan requiring the approval of the Planning Board, the location of the freestanding or monument sign shall be at the discretion of the Planning Board. No freestanding or monument sign shall be relocated or repositioned from its approved location without the consent of the Planning Board.
(h) 
If a freestanding or monument sign is erected in a triangular area bounded as provided in § 198-93R no other sign shall be erected, placed or maintained along the street frontages forming the triangle.
(3) 
Directory or monument signs of two (2) or more businesses on the same lot shall be subject to the same restrictions as provided in Subsection I(2), and shall have sufficient space to identify each business located on the lot. It shall be the responsibility of the property owner to secure and maintain a sign permit for such signs.
[Added 1-8-2013 by L.L. No. 2-2013]
(4) 
Illuminated directory or monument signs shall be equipped with appropriate timer controls so that the duration of the light complies with the provisions of § 143-7 of the Huntington Town Code.
[Added 1-8-2013 by L.L. No. 2-2013]
(5) 
Identification signs mounted on freestanding canopies used at motor vehicle fuel stations shall not exceed sixty (60) square feet in size per canopy. The square footage shall include all sides of the canopy. Such signs may be illuminated except if they face residentially utilized property. All signs shall comply with the provisions of Chapter 143.
[Added 1-8-2013 by L.L. No. 2-2013]
(J) 
The following signs shall be permitted in all commercial districts or light industry districts unless otherwise noted:
[Added 11-20-2018 by L.L. No. 36-2018]
(1) 
Mural signs shall be permitted as an advertisement for the use on the lot and shall be limited to the square footage restrictions of the district.
(2) 
Should the mural become in a state of disrepair, faded, peeled or severely weathered, the owner or person in possession or is in charge of the property or building shall be responsible to repair and/or replace the mural within sixty (60) days after the issuance of a notice of violation.
In Residential Districts or residentially-utilized properties, the following restrictions shall apply:
A. 
Signs greater than six (6) feet in height are prohibited. Height shall be measured from grade to the highest point of the sign structure or sign, whichever is greatest.
B. 
No sign more than ten (10) square feet in area shall be located or placed within ten (10) feet of a street line.
C. 
Signs containing commercial messages shall be prohibited except for signs placed in connection with a permitted home occupation, real estate signs, construction/development signs, or signs installed in connection with an application before the Town Board, Zoning Board of Appeals or Planning Board.
D. 
No sign shall be placed or located so as to interfere with vehicular or pedestrian travel, nor shall a sign be located so as to cause a public hazard or nuisance.
The following types of signs are prohibited in all Districts:
A. 
Flashing signs and movable copy signs.
B. 
Billboard and sandwich signs.
C. 
Vehicular signs, portable signs and mobile signs.
D. 
Projecting signs with the exception of a permitted awning sign.
E. 
Visual image signs.
F. 
Unless otherwise provided, off-premises advertising signs.
G. 
Balloon signs, pennants and banner signs unless permitted as a temporary sign.
H. 
Animated signs shall be strictly prohibited.
[Amended 1-8-2013 by L.L. No. 2-2013]
I. 
Exposed neon signs where the tubes are affixed or placed on the face of the sign without a covering over the tubes to shield the public from all direct contact with them.
J. 
Any sign which projects more than eighteen (18) inches over a street line or sidewalk with the exception of a permitted awning sign.
K. 
Except as otherwise provided in this Chapter, any sign which is, in whole or in part, obscene or pornographic in nature. For the purpose of this Article, statements, words or pictures which describe or display "specified anatomical areas" or "specified sexual activities" shall be considered obscene or pornographic.
L. 
Signs on public roadways, highways, streets, rights-of-ways and other public places, except where posted or maintained by a municipality or public utility company for governmental or public purposes.
M. 
A sign which covers, obstructs or hides from view any governmental sign, public utility company sign or railroad crossing sign or device.
N. 
A sign mounted, posted, or affixed to a public utility pole; street light; street sign; traffic sign, signal or device; municipal sign, building or structure; hydrant; signs on the face of any other sign; tree; stone or other natural object, except where posted or affixed by a municipality for a governmental or public purpose.
O. 
Any sign, artificial lighting source or reflector, sign assemblage, brace or other device used or installed in connection with a sign where, in the opinion of the enforcement officer, the sign, lighting source, reflector, assemblage, brace or device impairs or interferes with vehicular or pedestrian travel, or interferes with or may be mistaken for a traffic sign, signal or device.
P. 
Illuminated signs or lighting devices outlining any part of a building, such as a gable, roof, sidewalk or corner.
Q. 
Any facial or roof sign painted, erected or affixed so that any portion of the sign or sign assemblage extends above the roofline of a building.
[Amended 1-8-2013 by L.L. No. 2-2013]
R. 
Any sign erected or maintained on a lot within the triangular area bounded by the lines connecting a corner formed by a street line and another street line or site driveway line and a point twenty-five (25) feet from such corner on each of the intersecting lines, except that one (1) monument sign three (3) feet or less in height, or one (1) single or double pole freestanding sign may be permitted within such area provided that the bottom of the sign is at least fifteen (15) feet above grade, and in the opinion of the enforcement officer, does not cause a vision obstruction or create a public nuisance or hazard.
[Amended 1-8-2013 by L.L. No. 2-2013]
S. 
Signs which have movement of a sign body or other segment, such as those that contain a pinwheel, or rotate, revolve, move up or down, oscillate or involve any other type of action, whether caused by mechanical or other means.
T. 
Signs which produce any noise, sound, odor, smoke, flame or other emission.
U. 
Signs or graphics which, in the opinion of the enforcement officer, impair or cause confusion for vehicular or pedestrian travel, by design, color or placement.
V. 
Signs with a color or colors that are fluorescent, luminescent, reflective or are of the day-glo type, or signs which employ a mirror or other reflective device.
W. 
Roof signs shall be prohibited on roofs that do not cover at least 50% of the footprint of the building.
[Added 1-8-2013 by L.L. No. 2-2013]
X. 
Roof signs shall be prohibited on properties where there is or will be a facial sign.
[Added 1-8-2013 by L.L. No. 2-2013]
In all commercial and industrial districts, and in commercially-utilized or industrially-utilized properties, the following shall apply. Temporary signs shall not be placed or located so as to interfere with vehicular or pedestrian travel or cause a public hazard or nuisance.
A. 
Permit application.
(1) 
A person or business entity seeking a permit to locate or place a temporary sign shall file an application with the Department of Public Safety on forms provided by the Department prior to the special event or use. A non-refundable application fee of fifty ($50) dollars per special event or use shall be due and payable at the time of application.
(2) 
The maximum number of temporary sign permits to be issued to a single business location shall be one (1) per two-month period. The term of each permit shall not extend beyond fifteen (15) consecutive days of the date of issuance, except that in the case of a new business enterprise, the term of the permit may extend up to thirty (30) consecutive days. The expiration date of the permit shall be shown on the face of the permit. All permits shall expire at midnight of the expiration date.
[Amended 1-8-2013 by L.L. No. 2-2013; 5-9-2017 by L.L. No. 20-2017]
(3) 
Under a temporary sign permit, a maximum of five (5) signs may be displayed with a maximum total square footage not to exceed sixty-four (64) square feet, and no single temporary sign shall exceed thirty-two (32) square feet.
[Amended 4-17-2012 by L.L. No. 8-2012]
(4) 
Display of permit. A temporary sign permit shall be available at the premises for which it was issued so as to be easily inspected and shall be produced upon request of the enforcement officer. A permit holder who fails to produce a permit or have the permit available at the premises shall be in violation of this section.
(5) 
All temporary signs must be removed within twenty-four (24) hours after the expiration of the permit. Failure to remove such signs shall be a violation of this section.
(6) 
Temporary signs may include, but are not limited to, poster boards, banners, pennants, flags, twirlers, streamers, and air-filled figures.
(7) 
No sign shall be posted or affixed to public property or installed in a public place.
B. 
Exempt signs. The following signs shall be exempt from the permit requirements, except that no sign shall be posted or affixed to public property or installed in a public place, or be placed so as to interfere with vehicular or pedestrian travel, or in such manner as to cause a public hazard or nuisance.
(1) 
Real estate signs.
(2) 
Construction/Development and Future Business Activity signs. Construction/Development and Future Business Activity signs shall be posted only after all building permits and other necessary approvals have been issued by the Town or other agency having jurisdiction. Construction/Development signs shall be removed immediately upon completion or other termination of the construction or work being conducted by the person or business entity for whose benefit the sign is placed. Future Business Activity signs shall be removed immediately once the business has opened.
[Amended 5-9-2017 by L.L. No. 20-2017]
(3) 
Signs installed in connection with an application before the Town Board, Zoning Board of Appeals or Planning Board.
The number and size restrictions of identification signs shall apply to each street frontage in the case of corner lots and through lots with the following exceptions:
(A) 
Where the secondary frontage of a through lot in any business or industrial district faces a residence district.
(B) 
Where the applicant or property owner has installed a freestanding or monument sign in the triangular area bounded as provided in § 198-93R no other sign shall be erected, placed or maintained along the street frontages forming the triangle.
[Amended 1-8-2013 by L.L. No. 2-2013]
(C) 
In buildings containing more than one (1) tenant, the additional facial sign allowance shall be limited to only those tenants that actually face the secondary street, unless the property owner and tenant facing the secondary street consent to the installation of facial signs for other tenants in the building by sworn and notarized affidavit, and with the combined size of all facial signs subject to the size limits of § 198-94D.
[Amended 1-8-2013 by L.L. No. 2-2013]
(D) 
No sign located on a secondary frontage shall exceed the square footage permitted for the district or fifteen (15%) percent of the area of the secondary frontage of the building, whichever is less. The term "secondary frontage" shall exclude structural elements that extend above the lowest point of the roof.
[Amended 1-8-2013 by L.L. No. 2-2013; 11-20-2018 by L.L. No. 36-2018]
(A) 
General restrictions.
(1) 
All signs shall be constructed and maintained in accordance with the requirements of the Building Codes of New York State and the National Electrical Code, or any successor law or amendments thereto.
(2) 
All signs and sign assemblages, whether or not a permit or inspection is required, shall be maintained in good structural condition at all times, and shall be kept clean and neatly painted. The failure to maintain a sign in a safe, clean and/or neat condition shall constitute a violation of this section.
(3) 
Anchoring.
(a) 
No sign shall be suspended by nonrigid attachments that will allow the sign to swing in the wind.
(b) 
All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations.
(4) 
Wind Loads. All signs, other than wall signs, shall be designed to withstand the wind load pressure specified in the Building Code of New York State.
(B) 
Location and placement of signs.
(1) 
No sign shall be constructed or maintained so as to obstruct any window, doorway, fire escape or exit, or any other means of egress and ingress to any building or structure, or any portion thereof, except interior signs as permitted by this Article.
(2) 
No sign shall obstruct or be attached or affixed to a ventilation system, except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of the Building Code of the New York State or Fire Prevention Codes.
(3) 
Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electrical Code specifications, depending on voltages concerns. However, in no case shall a sign be installed closer than five (5) feet horizontally or vertically from any conductor or public utility guy wire, unless specifically waived in writing by the local utility authority.
(C) 
Illumination of signs.
(1) 
Any source of illumination for an indirectly or directly illuminated sign shall not be cast toward residentially-zoned property, or be positioned so as to impede or interfere with vehicular or pedestrian travel.
(2) 
No directly illuminated facial signs shall be located within fifty (50) feet of the boundaries of any residentially-zoned property.
(3) 
No directly illuminated freestanding sign exceeding ten (10) feet in height, as measured from grade to the highest point of the sign structure or sign, whichever is greatest, shall be located within fifty (50) feet of a residence district boundary.
(D) 
Signs facing municipal parking lots.
[Amended 11-9-2005 by L.L. No. 40-2005[1]]
(1) 
Signs placed on the rear or side wall of any building on property adjacent to or abutting a municipal parking lot shall not be illuminating in any respect nor exceed twenty-four (24) square feet in area, with the long axis horizontal to the ground, for all of the establishments located within the building. No more than one (1) such sign shall be placed on such wall, and such sign shall show only the names of the establishments located in the building and the products or services furnished therein, and no letter contained on any such sign shall exceed eighteen (18) inches in height.
[1]
Editor's Note: This local law repealed former Subsection D, Illumination of buildings and parking areas, and redesignated former Subsection E as Subsection D.
[Added 1-8-2013 by L.L. No. 2-2013[1]]
(A) 
Applications for sign permits shall be made on forms provided by the Department of Public Safety. Each applicant shall submit a signed certification that the installation of any illuminated sign or any sign requiring the use of electrical service has been performed or shall be performed by a licensed electrician. The following fees are non-refundable and shall be paid at the time of application:
[Amended 11-20-2018 by L.L. No. 36-2018]
(1) 
Application fees: the application fee for a facial sign shall be one hundred ($100) dollars and for a freestanding or monument sign three hundred ($300) dollars.
(2) 
The permit fee for a new facial sign: four ($4) dollars per square foot of sign area with a minimum fee of one hundred ($100) dollars.
(3) 
The permit fee for a new freestanding or monument sign: four ($4) dollars per square foot of sign area with a minimum fee of one hundred ($100) dollars.
(4) 
Inspection fee pursuant to § 198-92B shall be one-hundred twenty-five ($125) dollars per location.
(5) 
Additional fees. The fee for erecting or placing a sign at any time prior to the issuance of a permit or an inspection having taken place shall be three (3) times the amount established above.
(B) 
Suffolk County License. A copy of Suffolk County Installers License is required to be produced with the application pursuant to Suffolk County Local Law No. 42-2008, which requires any person engaged in the business of building or hanging display signs to be licensed by the County of Suffolk. A display sign is defined in the local law as "any sign, sign screen, billboard or advertising device of any kind that exceeds 75 square feet in area or 25 pounds in weight."
(C) 
State parks or parkways. Any sign within five hundred (500) feet of a state park or parkway that requires approval from the New York State Office of Parks, Recreation and Historic Preservation must have such approval prior to the issuance of a town sign permit.
(D) 
Renewals. Sign permits shall be renewed every three (3) years upon the payment of a permit renewal fee of three ($3) dollars per square foot of sign area with a minimum fee of one hundred ($100) dollars. Said fee shall be nonrefundable and paid at the time of application. An application for renewal of a permit shall be accompanied by a certification that the sign is properly installed, that the sign is being maintained in a safe manner, and the sign complies with all of the provisions of this chapter and other applicable law. The fee for the renewal of a sign permit after notice of renewal has been given and there has been a failure to renew within ninety (90) days of the date of such notice shall be two (2) times the amount established above. Notice shall be given by mailing an application for a renewal of a permit by regular mail to the name and address provided in the original sign permit application.
[Amended 11-20-2018 by L.L. No. 36-2018]
(E) 
Replacement of substantially damaged or missing signs. Any person or business entity who wishes to duplicate a substantially damaged or missing sign shall apply to the Department of Public Safety. Authorization to replace or repair the sign shall be provided in writing at no cost as long as the applicant provides proof acceptable to the Department that the sign was legally in existence and that the term of the permit has not expired.
[1]
Editor’s Note: This local law also redesignated former § 198-97 as § 198-95.
[Added 1-8-2013 by L.L. No. 2-2013]
The permit number shall be permanently shown in a conspicuous place on the face of the sign so as to be easily inspected and shall be no less than one (1) inch in height and three-fourths (3/4) inch in width. Failure to display the permit number on the sign shall be deemed an offense against this section and punishable as set forth in this chapter.
[Amended 1-8-2013 by L.L. No. 2-2013]
A. 
Except as expressly permitted in this Article, it shall be unlawful for any person or business entity to erect, display, maintain, structurally alter or relocate any sign without an inspection having been conducted and/or a permit issued by the Department of Public Safety.
B. 
Alteration of permit. It shall be unlawful to alter, obscure, deface, change or otherwise tamper with any portion of a sign permit issued by the Town of Huntington. The property owner and/or permit holder shall be strictly liable for a violation of this section. In addition to any other penalty provided for herein, the permit may be revoked by the Director and the sign(s) removed.
C. 
Non-transferability of permit. No person or business entity shall post or cause to be posted a permit for a sign other than the sign for which the permit is issued. The person or business entity to whom the permit was originally issued, and the owner and/or occupant of the property to which the permit was unlawfully transferred shall be strictly liable for a violation of this section. In addition to any other penalty provided by law, the permit may be revoked by the Director and the sign(s) removed.
D. 
Relocation or change of size. Except as expressly permitted in this Article, it shall be unlawful to alter, rebuild, enlarge, extend or to relocate a sign or sign assemblage, or cause same to be done, after a permit has been issued by the Director. Any person or business entity wishing to alter, rebuild, enlarge, extend or to relocate a sign or sign assemblage must apply for a new permit and pay the requisite fees. A new permit is not required where only the copy or message on the sign is changed; the sign is painted or cleaned; or routine maintenance and repairs are performed, as long as there are no structural alterations or additions.
[Amended 1-8-2013 by L.L. No. 2-2013]
A. 
Abandoned signs. A sign which no longer advertises a bona fide business conducted or a product sold at the premises shall be taken down and removed by the property owner, his agent or person having the beneficial use of the building, structure, or property within thirty (30) days of the date written notice to do so is given by the enforcement officer, and upon the failure to comply with such notice the Director of Public Safety is authorized to order the removal of such sign with or without further notice.
B. 
Unsafe or dangerous signs. If the town enforcement officer finds that the placement or condition of a sign or sign assemblage for which a permit has been issued has become unsafe or dangerous; is not properly secured; is located so as to interfere or obscure vehicular or pedestrian travel; or is not maintained in accordance with this Article, he shall give notice of such condition to the permittee. Such notice shall identify the sign, describe the hazard, defect or condition and advise the permittee that if the hazard or condition is not removed or made safe within ten (10) days of the date of the notice the sign will be removed and disposed of by the Town without further notice. If the permittee fails or refuses to remove, make safe or correct the hazard or condition within such period of time, then the Director of Public Safety may immediately order the removal of such sign from its location and dispose of same without further notice. Nothing contained herein is intended to prevent the Director of Public Safety or Director of Engineering Services from immediately ordering the removal of a sign with or without notice to the permittee or owner, if in the discretion of either Director, it severely jeopardizes the public health, safety or welfare; endangers property; or if it creates an unreasonable public nuisance.
C. 
Illegal signs. Any sign posted or maintained without a permit having been issued pursuant to this article, or maintained with an expired or altered permit, or any sign deemed prohibited by this article shall be declared a public nuisance and a hazard to public health. The Director of Public Safety may immediately order the removal of such sign from its location with or without notice to the owner of the sign or property, or occupant of the property, or the permittee, as the case may be. Any illegal sign removed may be disposed of by the Director without notice.
D. 
Trespass. Any person who causes or permits any sign to be placed, posted or maintained on, within, or encroaching upon or over any town owned or leased property, including any portion of a Town right-of-way or on any appurtenance therein, other than in conformity with this chapter, shall be in violation of this chapter. Any such sign shall be subject to immediate removal and destruction, without notice, as authorized by the Director of Public Safety or the Director of Engineering Services. In any action for an alleged violation of this section, there shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on such sign has caused or permitted such sign to be posted or located at the site.
E. 
Recovery of costs. The owner of the property shall be liable for all direct and indirect costs incurred by the Town of Huntington for the removal of a sign and sign assemblage, and the abatement and/or remediation of a hazard or nuisance.
(1) 
The costs thereof shall be certified by the Director of each Town department providing services and written notice of such costs shall be mailed by the Department of Public Safety to the owner of the property by certified or registered mail return receipt requested and by regular mail to the last address shown on the most current assessment role on file in the Office of the Town Assessor. Said owner shall have ten (10) days from receipt of such written notice to pay the full amount of such costs.
(2) 
In the event the owner fails, refuses and/or neglects to pay the monies due and owing to the Town within said ten (10) day period, the Town Board may, by Resolution, direct that said certified costs be paid by such owner within ten (10) days of receipt of a copy of the Resolution. A copy of the Resolution and the certified costs shall be mailed by the Town Attorney's Office in the same manner as provided in (D)(1) above. If such costs remain unpaid at the expiration of such period, or if the mailing is returned by the post office because of the inability to make delivery for any reason, as long as the notice was properly addressed, such certified costs shall be forwarded to the Huntington Tax Receiver who shall cause the costs as shown thereon to be charged against such lands. The amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Amended 1-8-2013 by L.L. No. 2-2013]
A. 
A permit may be revoked by the Director of Public Safety in the same manner as set forth in Chaster 87 for building permits if there has been a material misrepresentation or falsehood in the application for a sign permit or at any time during the approval process; if the permit was issued in error; or as otherwise provided in this article.
B. 
Any person or business entity who resists, obstructs, or impedes an enforcement officer in the remediation or removal process, or fails to obey a reasonable order of an enforcement officer pertaining to such permit, sign or sign assemblage shall be in violation of this Article and subject to the fines and penalties provided in this chapter.
C. 
No oversight or dereliction of duty on the part of town officers shall serve to legalize the maintenance, erection, installation, alteration, modification or construction of a sign for which no permit has been issued, or if issued has expired or was in error; or to legalize a sign which does not conform to the provisions of this article or other applicable local, state or federal law, rule, ordinance or regulation.