[HISTORY: Adopted by the Board of Trustees
of the Village of Northport 10-4-1966 by L.L. No. 3-1966 as Ch. 64 of the 1966
Code; amended in its entirety 11-6-2006 by L.L. No. 10-2006.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 9.
Fees — See Ch. 147.
Exterior lighting — See Ch. 191.
Zoning — See Ch. 306.
[1]
Editor's Note: This local law also provided that all signs now in existence which conformed to ordinances and laws in effect at the time of their erection or installation and which do not conform to the newly amended requirements of chapter 243, Signs, shall be altered, removed or replaced in conformity hereto upon any change of use of the subject property, but no later than five years from the effective date of this chapter regardless of whether there has been a change of use, unless a waiver or extension has been granted by the Architectural and Historic Review Board pursuant to the conditions specified under § 13-8. Further, any signs that does not conform to Subsections (11), (12) and (13) of § 243-3A of the amended chapter shall be removed within six months from the date it takes effect.
A.
The Board of Trustees of the Village of Northport
finds that the effective control over the location, size, height,
number, type, and manner of placement and illumination of signs is
essential for the health, safety and welfare of its residents and
for the preservation of the value of the real property situated in
said Village.
B.
The Board also finds that control over sign aesthetics
is necessary to promote Village goals of enhancing and promoting a
positive appearance and identity.
C.
This chapter has the following purpose and objectives:
(1)
To avoid, minimize and mitigate visual clutter;
(2)
To minimize distractions and obstructions that may
contribute to traffic accidents;
(3)
To promote signs that enhance the appearance of the
Village's commercial districts;
(4)
To support Village businesses and organizations through
effective signs whose messages are clearly readable and quickly understood
by motorists and pedestrians;
(5)
To support and facilitate wayfinding by emergency
services personnel, and by the general public, through signage that
includes address numbers.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
Any sign of fabric or similar material mounted to a pole
or a building at one or more edges. National flags, state or municipal
flags shall not be considered banners.
A sign attached to a wall with the exposed face of the sign
in a plane perpendicular to the plane of the building wall and with
a total surface area of less than four feet.
Any sign that is imprinted on, a part of, or attached to
the upper portion (i.e., not the valance) of an awning, canopy, or
other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area.
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged either electronically or manually,
without altering the face or the surface of the sign. A sign on which
the message changes more than eight times per day shall be considered
an animated sign and not a changeable copy sign for purposes of this
chapter. A sign on which the only copy that changes is an indication
of time or temperature shall be considered a time and temperature
portion of a sign and not a changeable copy sign for purposes of this
chapter.
Any sign not imprinted on or affixed to a building.
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
Any plastic, fabric, or other material, whether or not containing
a message of any kind, suspended from a rope, wire, or string, usually
in series, designed to move in the wind.
Any sign intended and installed to be permanently in place
at a given location by means of suitable fastening to a building or
to a structure specifically erected to hold such sign(s) or to the
ground.
A freestanding sign with visible support structure.
Any sign in which all or any part extends above the wall
of any building or structure, where said wall does not extend above
the roofline. In no event shall a sign permitted as defined by "wall
sign" extend beyond the actual wall surface.
A two-sided sign, hinged at the top, which is temporarily
located on or near a sidewalk.
[Added 9-1-2009 by L.L. No. 4-2009]
Any structure or part thereof, or any device or group of
letters attached to, painted on or represented on a building, fence
or other structure on or in a window or temporarily or permanently
on a vehicle or trailer, upon which is displayed or included any letter,
symbol, trademark, model, banner, flag, pennant, insignia, decoration,
device or representation used as or which is in the nature of an announcement,
direction, advertisement or other attention-directing device. A sign
does not include the flag or pennant or insignia of any nation or
association of nations or of any state, city or other political unit
or of any charitable, educational, philanthropic, civic or religious
organization.
A sign installed inside a window for purposes of viewing
from the outside of the premises. This term does not include merchandise
located in a window.
In any district, no lands shall be used and
no buildings shall be erected, altered or used, insofar as the location
and affixing of signs thereon are concerned, unless such signs conform
to the following requirements for the districts in which located:
A.
All districts. No signs shall be erected or maintained
which:
(1)
Extends outward over a sidewalk or street, except
for:
(a)
Signs installed parallel to a building that project no more
than 15 inches from the building facade, or less when required by
the Americans with Disabilities Act (ADA), the building codes of New
York State, or other controlling regulations.
[Amended 12-21-2021 by L.L. No. 2-2022]
(b)
Blade signs that maintain a minimum clearance
of eight feet above the level of the sidewalk or grade immediately
below.
(c)
One sidewalk sign, permissible only in business districts, one per building and only during business hours, which must be located so that a minimum sidewalk clearance of 48 inches is maintained and wheelchair passage is not hindered. The message area is restricted to 24 inches wide and 36 inches high. Height from the pavement may not exceed 43 inches. The sign surface must be black chalkboard, and the message must be written in white or colored chalk. The business name or logotype may be screen-printed onto the message area, provided it is not taller than four inches. Photographic depictions are prohibited. A sidewalk sign must be framed in wood, and the finish must be natural, stained or painted. If painted, the color must be muted and relate to colors visible on the premises. Sidewalk signs require a sign permit, payment of the fee and proof of insurance coverage in favor of the Village, except sidewalk signs conforming to the special menu sign standard for outdoor dining in Chapter 306, Zoning, § 306-18.1.
[Added 9-1-2009 by L.L. No. 4-2009]
(2)
Are affixed to, painted on or supported by or from
trees, stones or other natural objects, vehicles or objects other
than buildings or signposts or sign frameworks erected for the support
of such signs.
(3)
Move or simulate motion by electrical, mechanical,
natural or other means, except such signs within any commercial or
industrial establishment not visible from any road, street, highway,
walk or right-of-way, or residential use.
(4)
Contain or depict scandalous, indecent or immoral
matters.
(5)
Are so illuminated at night as to interfere with the
reasonable comfort of the inhabitants of adjacent residential uses.
(7)
Are located on the roof of any building unless no
permissible location is a viable alternative when taking into consideration
both the type of building and the lack of other alternatives that
would provide decent exposure and visibility to pedestrians or vehicular
traffic.
[Amended 12-21-2021 by L.L. No. 2-2022]
(8)
Are illuminated in such a manner that any red, green
or amber light source is located in the line of vision from any highway,
road, street or public way of a traffic light or signal.
(9)
Have an illuminated surface with more than a maximum
of 50 footcandles.
(10)
Are comprised of attention-getting devices such as
banners, pennants, flags, streamers, posters, searchlights, string
or festoon lights, flashing lights, inflatable objects or similar
devices designed for purposes of attracting attention, promotion or
advertising, except:
(11)
Are affixed to utility poles.
(12)
Advertise a business not located at the premises of
the sign.
(13)
Utilize highly reflective materials such as mirrored
glass or chrome metal.
(14)
Are so located, illuminated or of such a type as to
interfere with or detract from the public health, safety and welfare.
B.
Residence districts. No signs shall be erected or
maintained except:
(1)
Name plates and signs not exceeding 90 square inches
in area designating the occupant or occupants and any accessory use
authorized by this chapter or permitted by law. Not more than one
such sign shall be allowed for each family dwelling unit on the premises.
(2)
"For Sale," "For Rent" or "To Let" signs which do
not exceed four square feet in area. Not more than one such sign shall
be allowed on any plot which shall include the buildings thereon.
No such sign, if detached, shall be within 10 feet of any boundary
line nor shall be more than six feet above the ground surface on which
it is erected unless such ground surface be below the grade level
of the property frontage in which case the six feet shall be measured
from the grade level of the frontage.
C.
Nonresidential uses. A valid permit and design approval
from the Architectural Review Board is required to erect, alter, paint
with a new message, redesign, relocate or reconstruct any sign associated
with a nonresidential use, except for:
D.
Temporary signs.
(1)
The Architectural and Historic Review Board may, upon
application, grant permits for the locating of temporary signs not
in conformity with the provisions of this section for single periods
not to exceed 60 days, provided that the location and maintenance
of such signs will not create any safety hazard and provided that
the temporary sign is located on premises owned by the applicant and
the activity on said premises is advertised and/or referred to in
said temporary sign. Temporary indoor sales signs for supermarket
and other retail uses shall be exempt from permitting requirements
provided that they do not exceed 50% of window space.
(2)
In the event that a second application, prior to the
expiration of the first sixty-day period, is submitted to continue
the use of the same sign for an additional sixty-day period, the application
shall be deemed a new application for the erection of a temporary
sign.
(3)
Additional applications for subsequent periods of 60 days may be made pursuant to Subsection D(2) above.
(4)
In
nonresidential districts, temporary “For Rent” and “For
Sale” signs that conform to one of the sample sign formats preapproved
by the Board of Architectural and Historic Review shall be exempt
from review and permitting requirements. Such signs shall be permitted
only when the premises or a portion thereof is available for rent
or sale. Therefore, such signs shall be removed as soon as the property
is sold or rented. The Board of Architectural and Historic Review
is hereby authorized and directed to create a sample sign format of
multiple formats for use in nonresidential districts. In addition,
property owners and real estate agencies may submit their standard
signs for review to become approved sign formats for the sale of property
on which the sign is displayed. Two signs such as manufactured by
Ty-Ko Products Co. are approved for use and will not need a permit:
the first is 12 inches in length and nine inches in height; the second
is 24 inches in length and 18 inches in height; both of which are
available for reference in the office of the Village Clerk. From time
to time, the Board of Architectural and Historic Review shall review
additional off-the-shelf signs for approval. The Code Compliance Officer
may consult with the Board if he needs assistance to determine whether
a temporary sign complies with the sample sign format(s) approved
by the Board. Alternatively, all persons and entities retain the option
of applying to the Board of Architectural and Historic Review for
approval of a sign design other than the preapproved sample sign formats.
Notwithstanding any other provisions of this chapter, a telephone
number may be included on these signs if the seller, lessor, sublessor,
agent or representative does not maintain a presence, such as an office
or store, at the site at which the sign is located.
[Added 9-1-2009 by L.L. No. 4-2009]
A.
Applications for sign permits shall be made to the
Code Compliance Director on a form promulgated by the Architectural
and Historic Review Board.
B.
Application submissions shall include the following
information, as relevant:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address, telephone number and insurance
coverage of the sign maker.
(3)
The location of the building upon which the sign is
to be erected.
(4)
The nature of the business or activity for which the
sign will be used.
(5)
Color photographs of the sign premises, including
building(s) and road frontage, and of adjacent properties and their
signs.
(6)
Sketches of the proposed sign(s) drawn to scale with
supporting documentation indicating placement, size, material(s),
colors, size and types of lettering, logos and/or other graphic representation,
electrical or other mechanical equipment, and details of installation.
Samples of materials should accompany the application, where required
by the Board of Architectural and Historic Review.
(7)
Applications for freestanding signs shall include
a site plan indicating the location of the proposed sign, proposed
landscaping for the base of the sign and its vicinity, and the location
of the nearest existing freestanding signs on both sides of the road
along with photographs of those existing signs.
(8)
The written consent of the owner of the property upon
which such sign(s) is/are to be erected and maintained, if other than
the applicant.
(9)
A fee for regular and temporary signs as set forth from time to time by resolution in Chapter 147, Fees.
(10)
Other pertinent information as may be required by
the Board of Architectural and Historic Review to ensure compliance
with this section.
C.
Applicants may consult the Board of Architectural
and Historic Review prior to preparing their submission, and are encouraged
to do so to obtain advice on matters of consistency with the design
guidelines and requirements outlined herein.
D.
Applications shall be referred to the Board of Architectural and Historic Review upon receipt for review pursuant to Chapter 13 of the Code of the Village of Northport. Upon approval, or after any conditions for approval established by the Architectural Review Board are satisfied, a permit for sign construction shall be issued within five business days.
The following restrictions and guidelines shall
apply to all permanent signs for nonresidential uses unless otherwise
specified.
A.
Number of permitted signs. No more than two exterior signs shall be allowed for each business or activity separately owned and conducted on the premises, except for those permitted as additional signage in § 243-5A(2) below.
(1)
Of the two permitted signs, not more than one shall
be freestanding, except when the premises are located on a corner
lot that fronts on two streets or highways. In such instances, the
second freestanding sign shall be limited to one half the size of
the primary sign.
(2)
The following shall be permitted in addition to any
other sign or signs permitted on the premises:
(a)
Text and graphics imprinted on or affixed to
the valance of an awning so long as they do not exceed 75% of the
valance surface area;
(b)
Up to two window signs, the area of each of
which should not exceed two square feet;
(c)
Address plaques displaying the building address
number and street name; and
(d)
On-premises direction signs provided they shall
not exceed six square feet in surface area and are limited to one
for each entrance or exit to parking areas, drive-through lanes, or
as may be determined necessary for safe circulation by the Planning
Board during the site plan review process.
B.
Size and proportion.
(1)
Signs attached to a building shall have a maximum
aggregate area of 15% of the total area of the one building facade
or storefront, whichever is applicable, upon which the signage is
placed.
(2)
Freestanding signs shall be limited to an aggregate
area of 36 square feet. The width shall not be more than four times
the height, nor the height more than four times the width.
(3)
The area of a sign shall be computed from the outer
dimensions of the frame, trim or molding by which the sign is enclosed,
where they exist, or from the outer edge of the signboard where they
do not exist.
(4)
When a sign consists of individual letters, symbols
or characters, its area shall be computed as the area of the smallest
parallelogram which encloses all of the letters, symbols and characters.
(5)
When a sign consists of two or more faces, only one
face of the sign shall be used in computing the sign area if the faces
are parallel to and within 18 inches of each other. Otherwise, all
faces of the sign shall be used to compute the sign area.
C.
Placement.
(1)
No sign shall be permitted that:
(a)
Covers, obscures or obstructs any window or
other opening in any building on the premises;
(b)
Obstructs pedestrians', highway users' clear
view of pedestrian, highway or railway traffic regardless of the direction
in which any such traffic may be proceeding;
(c)
Deprives adjacent properties of reasonable access
to light and air;
(d)
Is located in any required side-yard area;
(e)
Can interfere with or obstruct a clear view
of highway or pedestrian traffic into, over or out of the premises
on which the sign is proposed to be located or of adjacent premises;
and
(f)
Would reasonably tend to interfere with public
safety.
(2)
Signs should be placed to indicate the location of
access to a business, such as at or near the entrance to a building
or site.
(3)
Wall signs shall be mounted in locations that respect
the design integrity of a building, including the arrangement of bays
and openings.
(4)
Freestanding signs shall be set back from the public
right-of-way a minimum distance equal to the height of the sign.
(5)
Freestanding signs for multiple uses on a property
shall be colocated onto a single joint tenant sign.
(6)
Freestanding signs for properties sharing an access
drive shall be colocated onto a single joint tenant sign.
(7)
The use of building mounted rather than freestanding
signs is encouraged.
D.
Sign text.
(1)
Sign text permitted shall include identification of the business
name and function, telephone number, e-mail address and hours of operation.
This includes both exterior signs and interior window signs.
[Amended 7-17-2018 by L.L. No. 5-2018]
(2)
The typeface and graphic treatment used in connection
with a single business or activity shall be consistent across all
signs on a property, including awning valances, building mounted signs,
and freestanding signs.
(3)
Lettering shall be a minimum height of six inches
for signs in the Highway Business and Maritime Business districts.
For all other districts, lettering shall be a minimum of four inches.
(4)
To promote legibility:
(a)
The number of different lettering types on any
one sign, or group of signs indicating one message, shall not exceed
two for small signs and three for larger signs.
(b)
The proportion of letter area to overall sign
background area shall not exceed 75%.
(c)
Letters and words shall not be spaced too close
together or too widely apart.
(d)
Messages shall be kept brief. Signs with more
than three lines of text are discouraged.
(5)
Lettering styles shall be chosen with consideration
for the nature of the business or activity being advertised, the architectural
style of the building and the styles of other signs in the vicinity.
E.
Address signs.
(1)
All premises shall have their address number included on one of the permitted signs or on a separate address plaque that shall not be counted as part of the premises allowable sign allotment per § 243-5A(2).
(2)
Letters and numbers for the display of the address
of the premises shall be a minimum of three inches.
(3)
Letters and numbers for the display of the address
of the premises shall be consistent with other signage on the premises.
(4)
Addresses shall be visible from the public right of
way.
F.
Height.
(1)
No freestanding sign shall exceed 12 feet in height,
measured from the ground elevation to the top of the sign. If sight
distance requirements or physical constraints of the site do not allow
a freestanding sign to be placed on the street front, a maximum height
of 20 feet may be approved. A maximum height of 20 feet may also be
approved for:
(2)
The height of any freestanding sign shall in no case
be greater than the distance of the base of the sign from the curbline
or nearest boundary of the premises.
(3)
The bottom of awning valances shall be a minimum of
seven feet above the sidewalk.
(4)
The use of low-profile monument signs, with a maximum
height of four feet, are preferred over taller freestanding signs.
G.
Freestanding signs: frame and mounting; landscaping.
(1)
The frames and mountings of freestanding signs shall
be coordinated with the balance of the sign with respect to material,
color and overall design. Mountings shall have a permanent and finished
appearance.
(2)
The total frame and mounting area of freestanding
signs shall be limited to a maximum of 50% of the allowed sign face
area for the proposed sign.
(3)
Sculptural forms or architectural elements are encouraged.
(4)
Single-pole mounts for freestanding signs are prohibited.
(5)
The bases of freestanding signs shall be landscaped.
(a)
The planting bed shall extend a minimum of three
feet beyond each face of the sign and one feet beyond each end.
(b)
The planting mix shall include coniferous or
evergreen groundcovers and/or shrubs.
(c)
Plant material shall be maintained so as not
to obscure sign messages.
(d)
Any areas intended for annual plantings shall
be replaced at the beginning of each growing season. Annual plants
shall be removed after each hard frost and the area covered with mulch
until replanted.
H.
Illumination.
(1)
Illumination shall be appropriate to the character of the sign and its surroundings and shall be in accordance with Chapter 191, Lighting, Exterior.
(2)
Illumination shall be steady in nature, not flashing,
moving or changing in brilliance, color or intensity.
(3)
The period of time of illumination shall be the minimum
necessary for the intended purpose of such illumination, consistent
with public safety and welfare.
(a)
Illuminated signs must be turned off and extinguished
at or before 12:00 midnight of each day, except for signs in connection
with a business that is normally open past 12:00 midnight.
(b)
Signs for businesses operating past 12:00 midnight
may continue to be illuminated until closing time.
(c)
All illuminated signs extinguished as above
provided shall remain extinguished until one half hour prior to the
next regular posted opening hour of the business in connection with
which such sign is maintained.
(4)
Backlit awnings are prohibited.
(5)
Internally lit signs are discouraged.
I.
General design.
(1)
Applicants for signs on premises that will host more
than one sign shall present a planned sign program providing coordinated
signing for the premises through the use of one or more common design
element such as construction materials, color scheme, lettering and
images, supports and mountings, etc.
(2)
Signs shall be designed to be compatible with their
surroundings and should be appropriate to the architectural character
of the buildings on which they are located. Panels, graphics and placement
shall relate to and not obscure architectural features or details,
and shall be in proportion to them.
(3)
Layout shall be orderly and graphics concise.
(4)
The number of colors used shall be the minimum consistent
with the design.
(5)
Wood, metal, porcelain enamel panel, stone, concrete
and masonry are preferred sign materials.
(6)
Sign design is encouraged to be appropriate to the
types of activities represented.
The following signs, if in compliance with the provisions of § 243-3A hereof, are exempted from all other provisions of this chapter:
A.
Danger or cautionary signs relating to the premises
on which located.
B.
Signs required by law or in legal proceedings or put
up by public authority.
C.
Signs announcing the building activities or functions
of any local church; synagogue; library; museum; educational, charitable
or historical society or institution; chamber of commerce or merchants'
association; or fire department or fire company, provided that the
same do not exceed nine square feet in area.
A.
All signs now in existence which conformed to ordinances and laws in effect at the time of their erection or installation and which do not conform to the requirements of this chapter shall be altered, removed or replaced in conformity hereto no later than five years from the effective date of this chapter, except for signs that do not conform to Subsections (11), (12) and (13) of § 243-3A above, which shall be removed within six months from the date of this amendment.
B.
A nonconforming sign shall immediately lose its legal,
nonconforming status if:
No person may place any sign, poster, placard, device, graphic display or any other form of advertising that advertises tobacco and/or other smoking products in publicly visible locations. In this section, "publicly visible locations" include billboards, sides of buildings and freestanding signboards. The provisions of § 243-7 hereof shall be inapplicable to any sign, poster, placard, device, graphic display or any other form of advertising that advertises tobacco and/or smoking products in publicly visible locations.
A.
The owner of a sign and the owner of the premises
on which such sign is located shall be jointly and severally liable
to maintain such sign, including its illumination sources, in a neat
and orderly condition and good working order at all times and to prevent
the development of any rust, corrosion, rotting or other deterioration
in the physical appearance or safety of such sign.
B.
Unsafe signs or unsightly, damaged, or deteriorated
signs or signs in danger of falling shall be put in order or removed
upon written notice. Immediate compliance is expected for the repair
or removal of unsafe signs. If compliance is not achieved within the
time period specified in such notice, the sign shall be repaired or
removed by the City and the costs assessed to the property owner.
C.
Unsafe temporary signs or unsightly, damaged, or deteriorated
signs or signs in danger of falling shall be put in order or removed
upon written notice. Immediate compliance is expected for the repair
or removal of unsafe temporary signs.
D.
Signs shall be removed within 60 days after the use with which they are associated ceases to operate, per § 243-3A(12) above.
A.
Each violation of this chapter, of any regulation,
order or ruling promulgated hereunder or of any permit issued hereunder
shall be punishable by a fine of not more than $250, imprisonment
for a term not to exceed 15 days, or both such fine and imprisonment,
and a separate offense shall be deemed committed on each day during
or on which a violation occurs or continues. In addition to such fine,
the defendant shall pay all costs and expenses incurred by the village
in determining such violation. The foregoing shall be in addition
to all other remedies available under the law to the Village or the
Board of Trustees.
B.
Additional remedies. In the event of any actual or
impending violation of this chapter, the Board of Trustees, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent, restrain, correct or abate such violation.
The Code Compliance Director may remove any
advertising sign or billboard which shall violate any provision of
this chapter. Before doing so he shall notify the owner, tenant or
lessee of the land upon which such sign or billboard is erected, personally
or by mail if such person cannot with reasonable diligence be found,
of his intention to remove said sign or billboard. If such owner,
tenant or lessee shall thereupon and within 10 days serve upon the
Code Compliance Director objection in writing to such removal, the
said sign or billboard shall not be removed until 40 days after the
service of said objection.
