Babylon City Zoning Code
ARTICLE XXXIII
Signs
§ 213-386 Legislative purpose.
The purpose of this article is to preserve, protect, promote and advance the public health, safety and welfare by regulating and establishing standards for the erection of outdoor signs within the Town. The Town Board has concluded that the character, quality and appearance of the Town and quality of life of its residents are directly and substantially affected by the location, height, size, construction and general design of the signs contained therein. Those signs which exist in harmony with the surrounding community serve to simultaneously convey the message depicted thereon while not detracting from the public health, safety and welfare. Conversely, signs if misplaced, disproportionate to the surrounding environment, in excessive proliferation or containing excessive lighting or other displaced fixtures, exist in disharmony to the environment of the Town and constitute egregious examples of ugliness, distraction and deterioration. Such signs degrade the aesthetic quality of the environment; detract from natural and scenic beauty, as well as from the character and order of the developed sections of the Town whether residential, commercial or industrial. Further, such signs can cause diminution in property values and do provide visual distractions and obstructions to passing motorists which can cause or contribute to traffic accidents. Also, improperly placed signs cause physical and visual obstructions to vehicular and pedestrian traffic. Finally, unsafe or improperly constructed signs (or signs which could be confused with or mistaken for traffic signals, railroad crossings, aviation landing fixtures, governmental signs or aviation signs) can provide serious hazards to the health, safety and welfare of persons and property.
§ 213-387 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any sign which is located on property which becomes vacant and unoccupied for a period of three months or more; any sign which pertains to an event or purpose which no longer applies or exists; or a sign which no longer advertises a business, product or activity conducted or available on the premises where such sign is located.
A portable, temporary sign of solid construction connected at the top and angled down on either side in the shape of an "A," usually with advertisement or menus on two sides. Sandwich-board and menu signs shall be considered A-frame signs.
[Added 8-31-2016 by L.L. No. 12-2016]
Directional signs used for aviation purposes or otherwise affixed to the flat roofs of buildings or structures.
A sign painted on, printed on, or attached flat against the surface of an awning.
[Added 4-7-2015 by L.L. No. 3-2015]
A sign that extends no more than six inches beyond the building facade, which is painted onto, incised into, or attached parallel to the building wall, normally over the first floor storefront.
[Added 4-7-2015 by L.L. No. 3-2015]
A sign that either projects perpendicular from a wall or hangs from an overhead architectural element perpendicular to the building wall.
[Added 4-7-2015 by L.L. No. 3-2015]
A sign that is painted or applied onto a sign board.
[Added 4-7-2015 by L.L. No. 3-2015]
Any sign designed to display copy which will be changed or altered more frequently than once per twelve-month period.
Letters, numbers, symbols, designs or other pictorial matter located on any sign or governmental sign.
A sign which gives forth artificial light directly or through a transparent or translucent material from a source of light connected to the sign or part of the sign structure. The light from such sign may not illuminate a residentially zoned or used parcel.
Any sign identifying two or more persons, agencies or establishments located in a location or place common to all.
Any glass or other transparent or translucent material comprising a panel, window or door of a building.
Any sign containing any electrical device, fixture or accessory.
Any sign affixed to or incorporated into the exterior face of any wall having an entrance facing a public thoroughfare or the subject parcel's parking area.
Any sign erected and maintained by or at the direction of any governmental body, organization, agency or corporation.
Any sign erected on or attached to a freestanding frame, mast, pole or structure. Any sign partially attached to a building and partially attached to a freestanding frame, mast, pole or structure shall be considered a ground sign.
A nonilluminated sign containing only the name and occupation of a permitted home occupation.
[Added 4-7-2015 by L.L. No. 3-2015]
A sign which identifies a business, industry, service or attraction conducted upon the lot on which the sign is displayed or which attracts attention to a commodity sold or displayed upon the lot or premises.
Any sign which is lighted from within or without.
A sign illuminated by a source of light which is detached from the sign structure and which is shielded so that illumination is directed upon the sign and the source of light is not visible from an adjoining property or street and may not illuminate a residentially zoned or used parcel.
A sloping roof where the angle of the roof is no more than 30° from perpendicular.
A canopy extending more than one foot from a building, with lettering thereon.
A freestanding identification sign erected upon a masonry base and not supported by columns, girders or other structural elements. A monument sign shall be constructed of material similar in nature or complementary to the building which it identifies and may contain letters, numbers, trademarks and logos.
Copy that is electronically produced and moves across the face of the sign.
A sign painted on the wall of a building or structure in such a manner that the wall forms the background surface of the sign.
[Added 4-7-2015 by L.L. No. 3-2015]
Any sign not permanently attached to the ground, a building or a vehicle.
A sign pertaining to the sale, or rental lease of the premises, or a portion of the premises, on which sign is located.
[Added 4-7-2015 by L.L. No. 3-2015]
The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
A portable sign that contains a sculptural element, such as a sculpture of a chef, which is attached to a sign board, such as a restaurant menu.
[Added 8-31-2016 by L.L. No. 12-2016]
A sign indicating the provision of security protection service for the property.
[Added 4-7-2015 by L.L. No. 3-2015]
Any identification, description, illustration, symbol, structure, material, statue or device, illuminated or nonilluminated, which is visible from any public place designed or employed to identify or convey information or draw attention to any building or structure, including but not limited to rope lights, tape lights, accent lights, decorative lights, neon lights, LED lights, incandescent lights, but not including governmental signs.
[Amended 4-6-2016 by L.L. No. 6-2016]
The entire area of a sign or a governmental sign on which copy is or could be placed.
Any structure which supports, has supported or is designed to support a sign. A decorative cover is part of a sign structure.
Any piece of cloth, plastic or other flexible material more than 10 feet in length when unfurled and placed on the ground and attached at one or both ends to a mast, pole, building or structure. A streamer must be solid in color, contain no copy and, when unfurled and placed flat on the ground, must have a width of no more than 12 inches. A streamer must be made of weatherproof material, and securely fastened to a mast, pole, building or structure. A streamer shall be considered a sign. A streamer is permitted only as a temporary sign.
The standard signs erected and maintained by or at the direction of a public utility. Such signs are limited in size to 12 inches by 12 inches and shall be placed in an area designed to inform the public of the location or the presence of utility facilities available to or for the service of the general public. Such signs may only be illuminated by illumination not exceeding 40 watts of power. A utility sign may be created or maintained only in a business or industrial district and is not subject to the restrictions found in § 213-398, 213-400 or 213-401.
Any letter, groups of letters, words or other devices or representations which form or are used as or are in the nature of an announcement, advertisement or other attention-directing device, placed, painted, affixed, annexed or attached upon a motor vehicle, trailer or other vehicle commonly used for transportation, travel or delivery, whether or not such motor vehicle, vehicle or trailer is operable or registered. Excluded herefrom are motor vehicles, vehicles or trailers lawfully registered and insured, regularly used in the business conducted on the premises and not having attached thereto temporary or removable signs.
A sign whose message is oriented perpendicular to the ground.
[Added 4-7-2015 by L.L. No. 3-2015]
Any sign, other than an entrance sign, affixed to or incorporated into the exterior face of any wall of any building and which does not extend more than 12 inches beyond such wall at any point of measurement.
Any sign that is affixed to or painted on the interior of a window or any sign located within one foot of the inside face of the window, which sign is designed to be visible from the exterior of the window.
§ 213-388 Construction and maintenance.
A.
All signs shall be securely built subject to the approval of a Building Inspector as to the structural safety thereof by recognized engineering standards. All wood portions of signs and sign structures must be painted or treated to prevent decay.
B.
Every sign shall be maintained in good structural condition at all times. All signs shall be kept clean and neatly painted, including all supports and appurtenances. The Building Inspector or his duly authorized representative shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to the public health, safety or general welfare by reason of inadequate maintenance, dilapidation or obsolescence.
C.
All electrical signs shall conform and be maintained in accordance with the specification standards of the National Board of Fire Underwriters.
§ 213-389 Hazardous signs.
A.
No sign which is found to be hazardous or dangerous to the public safety by a Building Inspector shall be constructed, erected or maintained. Evidence of such hazard or danger shall include, but is not limited to, signs swinging as a result of wind pressure, hazards to vehicular traffic or pedestrians and signs obstructing any part of a window, doorway, ventilation system, fire exit or any means of ingress or egress.
B.
No sign shall be constructed, erected or maintained which shall use breakable glass or breakable plastic in its construction, except as such is used in illumination.
C.
No sign or any lighting source or reflector connected thereto or used therewith shall be constructed, erected or maintained which shall conflict with or be mistaken for a vehicular or pedestrian traffic signal, railroad crossing, aviation landing fixture, hydrant, governmental sign or aviation sign. No sign (except a utility sign) shall be constructed, erected or maintained which shall conflict with or be mistaken for a utility sign.
§ 213-390 Prohibited locations.
A.
No sign shall be erected, placed or maintained within the right-of-way lines of any public street, sidewalk or public right-of-way. Any sign violating this subsection may be removed by the Building Inspector or any other Town employee or agent duly designated by the Supervisor without prior notice to the owner. Such removal shall include the sign structure. However, nothing herein contained shall be construed as prohibiting any person from erecting and maintaining adjustable awnings, which do not contain any copy, made of cloth, with metal or tube frames and are at least eight feet above the sidewalk.
B.
No sign shall be constructed, erected or maintained on the roof of any building (unless such meets the criteria for aviation signs), on any telephone pole, telegraph pole, electrical pole, lighting pole, traffic device, hydrant, tree, stone or other natural object, balloon, governmental sign, governmental sign structure or the face of any other sign. There shall be a presumption in any proceeding to enforce this article that the business, corporation, establishment, entity, person or facility whose name, address, phone number or any other identifying marking, printing, writing, logo, insignia, or the like, of said business, corporation, establishment, entity, person or facility that appears on said sign is responsible for the violation of this article.
[Amended 5-10-2005 by L.L. No. 7-2005; 5-24-2005 by L.L. No. 10-2005]
C.
No placard, post or display of show bills, handbills, posters, banners or any printed or written notice or notices or advertisements of any kind whatsoever shall be attached to any tree, pump, hydrant, telegraph, telephone light pole, lighting pole or stone in the Town of Babylon. This prohibition shall apply to any of the foregoing located on any property or facility owned, held or operated by the Town, except for any notice or warning sign placed upon any such pole by a public utility. Any person, including private citizens, may remove and cart away any show bills, handbills, banners, posters or any printed or written notices or advertisements that have been placarded, posted and/or displayed in violation of this § 213-390C.
D.
No sign shall be constructed, erected or maintained which faces a public waterway.
E.
No sign shall be constructed, erected or maintained which is within 500 feet of a public park, public parking area or public recreational facility when such sign faces such public park, public parking area or recreational facility, unless a public roadway should lie between the public park, recreational facility or public parking area and the property on which the sign is located.
F.
No sign shall cover or obstruct any window, doorway, ventilation system, fire exit or any other means of ingress or egress to any building or structure or any portion thereof with the exception of window signs permitted in § 213-401.
G.
No sign shall be located on a motor vehicle, trailer or other vehicle such that it is considered to be a vehicular sign. It is the purpose and intent of this subsection to prevent an attempt to circumvent the freestanding sign section of this chapter by utilization of vehicles as a substitute for a permitted freestanding sign.
H.
No sign shall cover, obstruct or hide from view any governmental sign, utility sign, traffic signal or device, aviation sign, railroad crossing device, aviation landing fixture or hydrant.
I.
No sign shall be constructed, erected or maintained which shall be located less than six feet from any overhead electrical, telephone or cable television wires, wiring, facilities or service, except any electrical wires, wiring, facilities or service supplying energy or power to that sign.
§ 213-391 Abandoned signs.
Abandoned signs are prohibited and the permit for any abandoned sign shall be deemed to have expired at the time of abandonment.
§ 213-392 Portable signs.
Portable signs standing on the ground or attached to vehicles or trailers shall be prohibited. A vehicle or trailer may not be used primarily as a sign or structural support for a sign.
§ 213-393 Off-premises advertising.
No sign shall advertise, announce, refer to or call attention to any business, commercial product or commercial service not performed on or connected with the property or building on which the sign is located.
§ 213-394 Obscene signs.
A.
No sign shall be erected, constructed or maintained which is, in whole or in part, obscene or pornographic in character.
B.
If the copy on any sign is changed to copy which would violate Subsection A of this section, the permit for such sign shall be deemed to have expired at the time of such change.
C.
Any person who seeks to erect, construct or maintain such a sign may seek review at a public hearing before the Town Board.
§ 213-395 Prohibited designs.
A.
No sign, with the exception of theater marquee signs, shall be designed, constructed or maintained on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times, except for that part of a sign which displays the time and/or temperature exclusively. No sign shall be designed, constructed or maintained which shall use or employ any visual projection. No sign shall be designed, constructed or maintained which contains any illumination other than direct or indirect illumination.
B.
No sign shall be designed, constructed or maintained which shall move, oscillate or rotate.
C.
No sign shall be designed, constructed or maintained which shall produce any noise, sound, odor, smoke, flame or any other emission.
D.
No sign shall be designed, constructed or maintained which shall be suspended by any rope, chain or other devise that will allow the sign to swing or move due to wind action.
E.
No sign shall be designed, constructed or maintained which shall employ a mirror or other reflective device.
F.
Except as otherwise provided in this article, illumination shall not use more than 40 watts per square foot of sign area being illuminated or as specified in the New York State Energy Conservation Construction Code, whichever is more restrictive. Where illumination is permitted, such illumination may only be operated between the hours of sunset and 10:00 p.m. or close of business.
G.
Except as otherwise provided in this article, no sign shall be designed, constructed or maintained which shall use or include any pinwheel, balloon or streamer.
H.
No sign shall be designed, constructed or maintained in which illumination or reflective devices outline a building, structure or part thereof.
§ 213-396 Measurement.
A.
Excluding structural supports from the ground to the bottom edge of the sign, the area of the sign shall be the area of a rectangle, the sides of which completely enclose the face of the sign. A sign may be double-faced, and only one face shall be included in the area measurement; however, if a sign is thicker than 18 inches, all sides shall be included in the area measurement.
B.
Setback measurement is to be measured from the closest point of the sign structure or the sign itself.
C.
The height of a ground sign shall be measured vertically from grade to the top of the sign or its structural support, whichever is greater.
D.
The width of a building wall shall be the distance between the two perpendicular walls establishing that wall.
§ 213-397 Signs in residential districts.
No sign shall be erected, placed or maintained in any residential district except:
A.
Aviation signs.
B.
Not more than one professional nameplate, affixed to a building and indicating the office of a physician, attorney, dentist or other practitioner lawfully using the premises in whole or in part as professional office space; the maximum size of which shall be two square feet. In the alternative, a professional nameplate may be affixed to the ground; in which event, the maximum size thereof shall be one foot by two feet; it shall be erected at a height of not more than four feet from the ground, and it shall be placed at least 10 feet from the nearest property lines. Such sign may be illuminated only by indirect illumination by an electric lamp not exceeding 15 watts of power contained on the sign or sign structure. Any illuminated professional nameplate shall be equipped with shielding devices so that the f low emanating therefrom shall be directed only on and towards such premises.
C.
Not more than one sign in connection with the sale, rental, construction or improvement of the land or premises upon which it is located. The maximum dimensions thereof shall be an area of four square feet and five feet in height to the top of the sign structure. Such signs may only be illuminated by indirect illumination not exceeding 40 watts of power. If affixed to the ground, such signs must be placed at least 10 feet from the nearest property line. Any such illuminated sign shall be equipped with shielding devices so that the flow emanating therefrom shall be directed only on and towards such premises.
D.
House numbers and nameplates not exceeding two square feet in area for each residential building. No more than two house numbers or nameplates shall be allowed for each residential building. Such house number or nameplate may be illuminated only by indirect illumination not exceeding 15 watts of power. If affixed to the ground, such house numbers or nameplates must be placed at least 10 feet from the nearest property line and may be limited to a maximum size of one foot by two feet and a maximum height of four feet from the ground. Any illuminated house number or nameplate shall be equipped with shielding devices so that the flow emanating therefrom shall be directed only on and towards such premises.
E.
A sign containing a cautionary message, such as "Beware Of Dog," "No Trespassing" or "No Peddlers." Such signs are limited in size to 12 inches in length by 12 inches in width. Such signs may only be attached to a building or fence and may be illuminated only by indirect illumination not exceeding 15 watts of power. No more than four such signs may be erected or maintained on any parcel.
§ 213-398 Permit required for signs in business and industrial districts; application; renewal.
A.
Permit required. It shall hereafter be unlawful, except as otherwise provided in this article, for any person to erect, construct, alter, relocate, reconstruct, display, or maintain in any business, manufacturing or industrial district any sign without first having obtained a written permit from a Building Inspector, in compliance with the provisions of this article and the Town Code. All signs shall be subject to the approval of a Building Inspector as to the structural safety thereof in conformity with recognized engineering standards.
B.
Application for permit. Any person who wishes to procure a permit as above required shall file with the Building Inspector a written application accompanied by a scale drawing showing the structural members, the lettering, the pictorial matter or other copy located on the sign face, a location plan showing the position of the sign on the building, structure or plot of land, the material comprising the sign and sign structure, the method of attachment and such other information as a Building Inspector may require to show compliance with the provisions of this article and the Town Code. If the sign is an electrical sign, the applicant must also furnish and indicate the specifications of all electrical wiring and components. The applicant shall also present a written statement showing the name of the owner or of the person in control of the building, structure and plot of land where such sign is to be located and the right or authority of the applicant to obtain a permit.
C.
Fees. Except as otherwise provided, no sign permit shall be issued until the applicable fee, established by the Town Board from time to time, is paid.
D.
Renewal. Every sign permit shall be renewed every two years upon the payment of the renewal fee, and each application for a renewal permit shall be accompanied by a certificate certifying that the sign has been inspected by a Building Inspector and found to be properly hung in a secure and safe position, maintained in good and safe condition, and further certifying that the sign complies with the provisions of this article.
E.
An application to erect a sign on any wall shall be classified as either an entrance sign or wall sign.
F.
An application to erect a sign designed to display changeable copy must be so designated. The initial copy on any changeable copy sign shall be included on the permit application.
G.
An application to erect a theater marquee sign must indicate if the copy is changeable or changeable and moving and must indicate the number of theaters.
H.
The application for a permit for erection of a sign in which electrical wiring and connections are to be used, if it shall comply in all other respects, shall be granted, subject to the applicant furnishing the Building Inspector, within 15 days after the completion of the construction and/or the erection of the illuminated sign, a Board of Underwriters' temporary certificate showing that the sign has been properly installed, insofar as it applies to all wiring connections and other electrical requirements. In the event that said Underwriters' certificate is not filed with the Building Inspector within 15 days after the completion and erection of said sign, the permit therefor shall be deemed null and void. The permanent Underwriters' certificate shall be filed within 60 days from the date of permit, and if not so filed in the office of the Building Inspector, the permit shall be deemed null and void.
§ 213-399 Permit exceptions.
The following operations shall not be considered as creating a sign insofar as requiring the issuance of a sign permit, provided that the sign is in conformance with all other provisions of this article:
A.
Changing of the copy alone on an existing approved sign, provided that the copy has not been changed within one year prior thereto; changing of the copy on a changeable copy sign in conformance with the provisions of § 213-407.
B.
Painting, repainting, cleaning or other normal maintenance and repair of a sign not involving structural alterations or additions.
§ 213-400 Restrictions on signs in business and industrial districts.
Signs shall be permitted in business and industrial districts and are subject to the following additional restrictions and specifications:
A.
There shall be no more than one wall sign or entrance sign per wall. However, in the case of a building which has been divided into separate units, one entrance sign shall be allowed per unit. In addition, there may be erected or maintained a sign containing a cautionary message, such as "Beware of Dog," "No Trespassing" or "No Peddlers." Such signs are limited in size to 12 inches in length by 12 inches in width. Such signs may only be attached to a building or fence and may be illuminated only by indirect illumination not exceeding 15 watts of power. No more than four such signs may be erected or maintained on any parcel.
B.
No sign shall project more than one foot from the wall or lowest point of contact between the sign structure and the building structure.
C.
No wall sign shall be wider than the building or structure to which the sign is affixed or incorporated into.
D.
No wall sign shall exceed 50 feet in length or six feet in height.
E.
No sign shall be painted, colored, etched or carved directly upon any wall without Planning Board approval.
F.
A wall or entrance sign may be erected upon a permanent structural canopy or mansard roof, but may not extend above the standing parapet or roofline.
G.
If a sign is immediately adjacent to a roadway, sidewalk, driveway or right-of-way on the subject parcel's parking area, it shall be not less than eight feet from grade.
H.
If a number designating the address of the property is not included on any sign located at the property, a number designating the address of the property may be included as a separate wall, entrance or window sign. Such a sign shall be limited to four square feet in area. One such sign is permitted for each actual address.
I.
No entrance sign shall exceed 80% of the width of the wall to which the sign is affixed, attached or incorporated into. No wall or window sign shall exceed 50% of the width on the wall to which the sign is affixed, attached or incorporated into.
J.
No entrance sign shall exceed in area two square feet per each horizontal foot of the wall to which the sign is affixed, attached or incorporated into. No wall or window sign shall exceed in area one square foot per each horizontal foot of the wall to which the sign is affixed, attached or incorporated into.
K.
Illuminated signs, directly or indirectly illuminated, shall be illuminated from sunrise to 10:00 p.m., except those signs which identify establishments operating before sunrise and/or after 10:00 p.m. In those exceptions the sign may be illuminated during the hours of operation of the business. At no time may an illuminated sign illuminate a residentially zoned or used parcel.
L.
Neon border tubing, rope lighting, and/or border lighting of any kind are prohibited for use on windows, doors, facades, or within four feet of the border of any exterior window. Border lighting shall include light-emitting diode (LED) lighting.
[Added 9-27-2017 by L.L. No. 8-2017]
§ 213-400.1 Standardization of signs on sites used for retail purposes.
A.
All signs on sites used for retail purposes with construction commencing after July 31, 1997, shall be required to be standardized with respect to a uniform size, color, material and lettering for the entire site; such signs shall include ground signs, wall signs, entrance signs and directory signs.
B.
An application for conversion of an existing structure to a retail use or improvements to an existing retail site that involve alterations to the part of the building(s) on which existing wall signs and/or entrance signs are affixed shall include all signs on site or a standardization format for the same to be approved by the Planning Board.
C.
An application for a new bar/restaurant or expansion of an existing bar/restaurant, where said business is the sole business on site, shall include all signs to be used on site or a standardization format for the same, to be approved by the Town Board.
D.
Sign applications for existing retail stores shall also require an application to the Planning Board for approval of sign standardization for the site, e.g., the establishment of a standard for size, color, material and lettering for the entire site. The application fee for the Planning Board shall be established by Town Board resolution. Subsequent sign permits issued for an establishment on the site must conform to the Planning Board's approved standards.
§ 213-401 Window signs.
Window signs shall be permitted in business or industrial districts subject to the following additional restrictions:
A.
There shall be no more than one window sign per wall, except in the case of a building which has been divided into separate units, in which case one window sign per unit shall be allowed.
B.
No window sign shall exceed 25 feet in length or six feet in height.
C.
No window sign shall be painted, colored, etched or carved directly upon any display window.
D.
No window sign shall be erected, constructed or maintained which shall obstruct more than 50% of the total glass area of the building on which it is affixed 50% of any door.
§ 213-402 Ground signs and monument signs.
Ground signs and monument signs shall be permitted in business and industrial districts and are subject to the following additional limitations and specifications:
A.
Such signs shall only be permitted on a plot of ground on which a business or industry is conducted.
(1)
When the primary use of the parcel is for the purposes of retail sales, there shall only be permitted one ground sign or monument sign on the parcel.
(2)
When the primary use of the parcel is industrial use, there shall be permitted one ground sign or monument sign on each street frontage of the parcel.
B.
No such ground sign shall exceed 15 feet in height from grade to the top of the sign structure, nor exceed 32 square feet in area; no such monument sign shall be greater than six feet in height above grade, nor more than 60 square feet in area. No monument sign shall be located within 10 feet of a street line.
C.
There are no minimum height requirements for ground signs. However, should the ground sign be located within a radius of 30 feet of the corner formed by an intersecting road or highway, the ground sign shall not exceed 2 1/2 feet in height from elevation of the crown of adjoining roadway or, alternatively, be less than eight feet in height from grade to assure an unobstructed view to pedestrians and motorists.
D.
No such sign shall be erected nearer than 10 feet to any property line.
E.
When located in a nonlandscaped area, all signs shall be protected from vehicular damage by an approved curb and by a suitably shrubbed planting area, acceptable to a Building Inspector, that shall be equal in area to 1 1/2 times the area of the sign face. The sign or any part of the sign may not be located within two feet of the approved curb. All ground signs erected on sites developed after the date of adoption of this article must be located in a landscaped area and approved by the Planning Board at the time of site plan approval.
F.
All ground sign structures shall be self-supporting structures erected on and permanently attached to concrete foundations. Foundations shall be designed to carry weight and wind load of the sign in soil in which it is placed. Such structures or poles shall be fabricated only from painted or galvanized steel or such other materials as may provide equal strength.
§ 213-403 Directory signs.
A.
Each parcel shall, as a whole, be allowed one freestanding directory sign on the premises (in lieu of a permitted freestanding or ground sign). The maximum square footage and height of the directory sign shall be determined by the following table:
Category | Maximum Number of Tenants | Maximum Square Footage | Height (feet) |
|---|---|---|---|
A | 2 to 5 | 32 | 15 |
B | 6 to 10 | 50 | 15 |
C | 11 to 20 | 75 | 18 |
D | 21 or more | 100 | 20 |
B.
There are no minimum height requirements for directory signs. However, should the directory sign be located within a radius of 30 feet of the corner formed by an intersecting road or highway, the directory sign shall not exceed 2 1/2 feet in height from elevation of the crown of the adjoining roadway or, alternatively, be less than eight feet in height from grade to assure an unobstructed view to pedestrians and motorists.
C.
Directory signs shall only be permitted on a plot of ground on which the business or industry is conducted and only as an accessory thereto.
D.
No directory sign may be erected nearer than 10 feet to any property line.
E.
When located in a nonlandscaped area, all signs shall be protected from vehicular damage by an approved curb and suitable shrubbed planting area, acceptable to the Commissioner of Planning and Development, that shall be equal in area to 1 1/2 times the area of the sign. The sign or any part of the sign may not be located within two feet of the approved curb.
F.
All directory signs for sites developed after the date of the adoption of this article must be located in a landscaped area and approved by the Planning Board at the time of site plan approval. All directory sign structures shall be self-supporting structures erected on and permanently attached to concrete foundations. Foundations shall be designed to carry weight and wind load of the sign in soil which it is placed. Such structures or poles shall be fabricated only from painted or galvanized steel or such other materials as may provide equal strength.
§ 213-404 Price signs in gasoline filling stations.
Signs in gasoline and/or petroleum filling stations and/or garages respecting the selling price of gasoline, car parts and car accessories shall be permitted subject to the following additional restrictions and specifications:
A.
Signs for the advertisement of the selling price of gasoline, car parts and car accessories used by gasoline filling stations, garages and battery and tire service stations shall be limited to:
(1)
One price sign not to exceed three feet by four feet or 12 square feet, with changeable uniform letters, together with the grade, if any, of the gasoline. The price sign shall be mounted on the logo-pylon at least eight feet from grade but no more than 15 feet above grade or mounted on the building at least eight feet from grade, but no more than 15 feet above grade or above the building roofline. Such sign shall conform with all other requirements of this chapter.
(2)
A sign or placard on any pump or dispensing device not less than seven inches in height and eight inches in width, nor larger than 12 inches in width, and stating clearly and legibly in numbers of uniform size the selling price or prices per gallon of such gasoline so sold or offered for sale from that pump or other dispensing device, together with the grade, if any, of the gasoline.
B.
No other sign or placard stating or referring to the price or prices of gasoline shall be placed or maintained on any part of the premises upon which gasoline is sold or offered for sale or upon which any gasoline filling station, garage and battery and tire service station business is conducted.
§ 213-405 Directional signs.
Signs exclusively directing traffic or parking on premises open to the public and not constituting governmental signs shall be permitted in business or industrial districts, subject to the approval of the Commissioner of Planning and Development as to the number and location adequate to provide for a safe and controlled flow of traffic and parking on the premises. Such signs shall not exceed four square feet in area and not exceed 2 1/2 feet in height to the top of the sign structure. Such signs may be double-faced but may not exceed eight inches in depth. Indirect illumination is the only permissible method for illumination of directional signs. Directional signs shall not be subject to the restrictions of § 213-404A, nor shall such signs be counted as ground signs for the purpose of that subsection.
§ 213-406 Theater marquee.
A sign upon the marquee of a theater shall be subject to the requirements of § 213-400C, F, G, I, J and K. Moveable copy shall be permitted on a theater marquee sign. However, when a theater marquee sign is visible from a residentially zoned or used parcel, then moveable copy shall not be permitted.
§ 213-407 Changeable-copy signs.
Changeable-copy signs shall be permitted in business in industrial districts and are subject to the following additional limitations and specifications:
A.
Changeable-copy signs may only be erected as wall, entrance or window signs.
B.
The copy on any changeable-copy sign may not be changed more frequently than once every 30 days. Should the copy or any changeable-copy sign be changed two or more times within a thirty-day period, the permit for such sign shall be deemed to have expired at the time of the second change of copy.
C.
No changeable-copy sign shall exceed 20 feet in length or six feet in height or be located more than 15 feet above ground.
D.
Such signs shall be made of durable material capable of withstanding the wind, rain, snow and other weather conditions and firmly fastened to the building to which it is attached. If a changeable-copy sign is erected as a wall or entrance sign, such sign may not be made of cardboard or any other paper product.
E.
No such sign shall be erected, constructed or maintained where the copy of such sign shall be changed by placing or adhering any new copy over preexisting copy.
§ 213-408 Bonus sign area criteria.
To encourage harmony in design and aesthetics, the maximum sign areas for certain entrance, wall, freestanding or ground and directory signs, as set forth in this article, may be increased by the percentages as provided for herein. A separate bonus is granted for compliance with each of the criteria and the area is cumulative, but the percentage increase is based on the original sign area limitation:
A.
Entrance or wall signs may be increased as follows:
(1)
Twenty percent when all the lettering and background is uniform in style and color for signs in a shopping center or for any three consecutive separate establishments.
(2)
Ten percent if the wall sign is the only sign identifying the establishment.
(3)
Five percent if the sign is designed to contain only the name or logo of the establishment without advertisement of any products sold on the premises.
B.
Freestanding or ground signs may be increased as follows:
(1)
Twenty percent when the sign is installed in an approved curb and suitably shrubbed planting area that shall be equal in area to three times the area of the sign and the sign is approved by the Planning Board. The landscaped area must be in addition to any landscaped area required for the specific zone.
(2)
Ten percent if the ground sign is the only sign identifying the establishment.
(3)
Five percent if the sign is designed to contain only the name or logo of the establishment without advertisement of any products sold on the premises.
C.
Directory signs may be increased as follows:
(1)
Twenty percent when the sign is installed in an approved curb and suitably shrubbed planting area that shall be equal in area to three times the area of the sign and the sign is approved by the Planning Board. The landscaped area must be in addition to any landscaped area required f or the specific zone.
(2)
Ten percent when the sign utilizes uniform coloring and lettering for all establishments listed on the directory sign.
(3)
Ten percent if the directory sign is the only sign identifying the establishment.
D.
This section does not apply to changeable-copy signs, temporary signs or signs in residential districts.
§ 213-409 Temporary signs.
Temporary signs shall be allowed in all districts in addition to any other signs permitted by this article, subject to the following additional restrictions and specifications:
A.
Permit required. It shall hereafter be unlawful, except as otherwise provided herein, for any person to erect, construct, alter, relocate, reconstruct, display or maintain in any business, manufacturing or industrial district any temporary sign, including streamers, banners, vinyl banners, poster, placard, corrugated plastic signs and any similar banners or signs not of a permanent nature, without first having obtained a written permit from a Building Inspector, in compliance with the provisions of this article. All signs shall be subject to the approval of a Building Inspector as to the structural safety thereof in conformity with recognized engineering standards.
[Amended 5-10-2005 by L.L. No. 7-2005]
B.
Application for permit. Any person who wishes to procure a permit as above required shall file with a Building Inspector a written application indicating the structural members, the lettering, the pictorial matter or other copy located on the sign face, the position of the sign on the building, the material comprising the sign and sign structure, the method of attachment and such other information as a Building Inspector may require to show compliance with the provisions of this article. The applicant shall also present a written statement showing the name of the owner or of the person in control of the building, structure and plot of land where such sign is to be located and the right or authority of the applicant to obtain a permit.
C.
Fees. Except as otherwise provided, no sign permit shall be issued until the applicable fee established by the Town Board from time to time is paid.
D.
No such sign shall be illuminated.
E.
Any permit granted for such sign shall expire 30 days after issuance and may not be renewed.
F.
Not more than two such sign permits shall be issued respecting any parcel of property within any twelve-month period.
G.
Not more than four such signs, exclusive of streamers, shall be erected or maintained on any parcel in a commercial or industrial district, and no more than one such sign exclusive of streamers, shall be erected in any residential district.
H.
No such sign, exclusive of streamers, shall be larger than 24 feet in area or 15 feet in height in any business or industrial district or four square feet in area and five feet in height when placed in any residential district.
I.
When located in residential districts, such signs shall only be maintained as wall, entrance or window signs.
J.
No streamer shall be erected or maintained which is less than eight feet above grade or more than 15 feet above grade.
§ 213-410 Revocation of sign permit.
§ 213-411 Display of permit sticker.
All signs for which permits are required by the terms hereof shall also be issued a sticker bearing the permit number and expiration date. Said sticker should be prominently and permanently affixed on the exterior face of the front door and all expired stickers must be removed. Failure to so affix the permit number shall constitute grounds for revocation of the permit by the Building Inspector, in addition to any other penalties or remedies prescribed by law.
§ 213-412 Alteration of signs.
No existing sign shall be structurally altered, rebuilt, enlarged, extended, relocated or modified except in conformity with the provisions of this article.
§ 213-413 Nonconforming signs.
All existing signs and devices which do not conform to this article shall be removed on or before December 31, 1997. Thereafter, the permit for each such sign shall be deemed to have expired.
§ 213-414 Special exceptions.
Except as provided in this article, no sign shall be erected or placed upon any premises in any use district except as approved by the Board of Appeals as a special exception, in accordance with the standards and conditions provided in Article II of this chapter.
§ 213-415 Noncommercial copy.
Any sign authorized by this chapter is permitted to contain noncommercial copy in lieu of any other copy.
§ 213-416 Severability; conflicts with other provisions.
A.
The provisions of this article are severable. The invalidity of any word, section, subsection, clause, phrase, paragraph, sentence, part or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.
B.
If any portion of this article is found to be in conflict with any other provision of any other local law or ordinance of the Code of the Town of Babylon, the provision which establishes the higher standard shall prevail.