[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 shall be permitted in all Districts
and 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.
[Amended 6-20-2006 by L.L. No. 19-2006[1]; 1-8-2013 by L.L. No. 2-2013; 11-20-2018 by L.L. No. 36-2018; 10-16-2019 by L.L. No. 51-2019]
(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.
(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, including off-premises advertising 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, including off-premises advertising 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.
(14)
Bed and Breakfast. One non-illuminated sign advertising vacancies
shall be permitted. The sign shall not exceed six (6) square feet
in size.
(15)
"No trespassing", "no dumping", "no loitering" and other similar
signs restricting activity not exceeding four (4) square feet in area.
(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.
(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.
(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.
(20)
Residential Subdivision or Site Development identification signs
at road entrances where there is an established homeowner's association
or rental management company.
(21)
Menu boards mounted on frontages of restaurants and bistros
not to exceed six (6) square feet.
(22)
Signs, including off-premises advertising signs, on property
owned by the Town of Huntington or Town of Huntington Board of Trustees,
mounted to and in connection with a bicycle share (or other similar
shared micromobility service) station, dock or storage area, as well
as on the bicycles (or other similar shared micromobility service
vehicles) therein, pursuant to an agreement with and approved by the
Town of Huntington or Town of Huntington Board of Trustees.
(23)
Signs, including off-premises advertising signs, on property
owned by the Town of Huntington or Town of Huntington Board of Trustees,
pursuant to a naming rights or sponsorship agreement with and approved
by the Town of Huntington or Town of Huntington Board of Trustees,
or in return for a donation made to the Town of Huntington, pursuant
to an agreement with and approved by the Town of Huntington or Town
of Huntington Board of Trustees.
[1]
Editor's Note: This local law also redesignated
former Subsection A(4) through (12) as Subsection A(5) through (13),
respectively.
(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.
(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, or
where posted pursuant to §§ 198-92(9), (10), (22) or
(23).
[Amended 10-16-2019 by L.L. No. 51-2019]
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, or
where posted pursuant to §§ 198-92(9), (10), (22) or
(23).
[Amended 10-16-2019 by L.L. No. 51-2019]
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.
(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.
[Added 1-8-2013 by L.L. No. 2-2013; amended 7-11-2023 by L.L. No. 14-2023]
The permit number shall be permanently shown in a conspicuous
place at the premises for which it is so issued 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.
