Floral Park City Zoning Code
ARTICLE VI
Signs
§ 99-29 Definitions.
As used in this chapter, the following terms shall have the meanings indicated, unless otherwise expressly stated:
Any sign related to a business, commercial enterprise or profession conducted, or to a commodity or service sold or offered for sale, upon the premises where such sign is located.
Excluding trade names or logos, the artistic treatment of lettering or script on a board or sheet of durable weather-resistant material, similar to a professional nameplate, and may include a compatible frame or border, and such sign may be illuminated only from the exterior.
A retractable roof-like device or structure, stretched over a frame and extending from the face or side of a building.
A piece of cloth or other cloth-like material attached at either end and hanging in front of or on the side of a building. This definition includes temporary signs, known as "special event signs," advertising an opening of a business or special holiday, sale or occasion.
Occupation, skill or service rendered for pay under separate accounting, and separated from other businesses by a party wall, firewall, fire separation or similar separation.
The name of a business or commercial enterprise, including its logo and any illumination thereof, and any accessory signs or trade names or logos related thereto.
A permanent roof-like device or structure, which may be stretched over a frame, and extending from the face or side of a building. For purpose of this article, a canopy is a sign provided that it contains a symbol, characters or lettering.
A building located at the intersection of two streets with frontage on each street.
To build, construct, alter, display, relocate, attach, hang, suspend or affix any sign, and shall also include the painting of exterior wall signs.
The entire area within the single continuous perimeter enclosing the extreme limits of lettering or script, representation, emblem, logo or any figure or similar character, together with any material or color forming an integral part of the display or color used to differentiate such sign from the background against which it is placed. The pole, standard, supports, uprights or structures which support any sign shall not be included in determining the sign area unless such supporting method is designed in such a manner so as to form an integral part of the display. When a sign has two or more faces, the areas of one face shall be the face area of the sign.
The front or face of a building and the outer surface of a story or stories of a building which is visible from any private or public street or highway.
A temporary-type sign or advertising device or structure or vehicle (except regularly driven, highway-oriented commercial vehicle) or equipment or appliance used for advertising purposes in connection with a business promotion enterprise.
Any sign illuminated by electricity, gas or other artificial light, including reflected light, or a fluorescing surface.
A sign placed inside a building that is visible from the exterior of the building. This does not include a window sign.
Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign or draw attention to a person, activity or business.
Any person, firm, partnership, association, corporation, company, institution or organization of any kind.
A single column or upright that supports the sign itself.
A temporary-type advertising device that is not installed but is movable from one location to another, and that retains its original design character and use for the life of the device.
Any sign which projects from the exterior of a building.
Two or more retail businesses or commercial enterprises or professional offices having one or more common walls, or which utilize the same parking area or areas, access ways or outdoor lighting system.
Any material, structure, device or part thereof composed of lettered or graphic matter which may be placed upon material used or located out-of-doors, or placed upon the exterior of any building for display of an advertisement, directional matter or name, or placed inside the interior of any building so as to be visible from the exterior, and includes individually mounted lettering or script on a building, sign, frames, signboards, painted wall signs, hanging signs, illuminated signs, projecting signs and ground signs. An awning and a canopy shall be deemed signs. Except when specified otherwise, all signs shall be on the premises upon which the business or commercial enterprise is located.
An area on a building that has been designated for the placement of wall signs on an individual building or a group of similarly constructed buildings. The sign band is the area of a wall located between eight feet and 15 above grade level.
A temporary sign that is to be erected and maintained for a limited period of time to include any announcement used to identify or advertise a specific upcoming event or activity in any district.
Two or more columns as supports, or an under structure maintained in a fixed perpendicular condition for supporting the sign itself.
The officer authorized or charged with the duty to enforce the Sign Law, zoning and other regulations related to buildings and property, or the deputy so designated.
A sign that is permitted for less than a thirty-day period which directs attention to an activity or event on the lot on which the sign is located immediately prior to and/or during the pendency of such event, and which is removed immediately upon the conclusion of the same.
A sign that is located upon a railroad overpass or other type of overpass.
A wall sign with letters placed vertically, one atop the other, extending beyond the sign band.
A sign located upon the exterior wall of a building.
A sign of any material which is either temporarily or permanently attached or affixed to the interior or exterior surface of a display window and is used for advertisements, announcements or notices, directional matters, company names or trade names and which is related to the business, products or services provided. Window signs shall not require permits except as otherwise provided herein.
§ 99-30 Signs in any district.
The following signs shall be permitted in any district in accordance with the requirements herein and after a permit shall have been issued by the Superintendent of Buildings.
A.
Professional nameplate, bearing only the name, profession and numerical telephone number of the resident practitioner, not exceeding two square feet in area nor one such sign in number and which may be illuminated by an electric lamp, not exceeding 15 watts of power, which may not be directed toward any residence.
B.
In nonresidential zoning districts only, sale or rent sign, advertising the sale or rental only of real property on which it is placed, provided that there shall be only one such sign, not to exceed nine square feet in area. In no event shall a sale or rent sign be permitted to be placed closer to the street than the front line of the primary structure on the premises. No such sign shall be attached to a standard.
C.
In residential zoning districts only, sale or rent sign, advertising the sale or rental only of real property on which it is placed, provided that there shall be only one such sign, not to exceed the maximum dimensions of 18 inches by 24 inches in area. Said sign shall be placed parallel to the front of a dwelling within five feet of the front building line and may be placed upon a standard, provided that the top of the sign shall be no higher than 42 inches above grade.
D.
Building contractors', subcontractors', architects' or engineers', sign, maintained on buildings while the same are under construction, provided that there shall be only one such sign not exceeding four square feet in area. In no event shall any such sign be permitted to be placed closer to the street than the front line of the primary structure on the premises. No such sign shall be attached to a standard.
E.
Institutional identification sign, placed upon a building or lot of a church, hospital, school or public agency, provided that there shall be only one such sign not exceeding 16 square feet in area.
§ 99-31 Signs requiring approval of the Architectural and Preliminary Site Review Board.
The following signs shall be permitted in any B-1, B-2 or B-3 District in accordance with the requirements herein and after approval by the Architectural and Preliminary Site Review Board.
A.
Wall sign in a B-1, B-2 or B-3 District, attached to a building wall facing on a public street or parking area and advertising only the business conducted in such building, provided that:
(1)
There be only one such sign for each business on each wall permitted.
(2)
The maximum overall dimensions or maximum area of each exterior sign displayed or applied or attached to the wall of a building, including doors and windows, facing on a public street, shall not exceed two feet in height and a horizontal width not exceeding 80% of the width of the building's street frontage, with a maximum horizontal width of 30 feet. All legal existing light box signs not exceeding three feet in height which were erected prior to the effective date of this chapter shall be exempt from removal, provided that they shall be in conformity with § 99-33D of this chapter.
(3)
Corner buildings may have two front signs, one such sign on each building frontage. However, the sign located on the side of a building shall not exceed the dimensions of the sign located on the front of said building.
(4)
If more than one business is located in a building, total signage for all businesses shall not exceed the requirements of this article.
(5)
No sign or part thereof except awnings, including lighting devices and reflectors, shall project more than 18 inches from the wall except that a light box shall not project more than 10 inches from the wall.
(6)
On the rear or side wall of any building on a plot abutting on a parking field, there may be one additional exterior sign with a maximum horizontal measurement which shall not exceed 10 feet of the width of such wall of the building and with a maximum vertical measurement which shall not exceed two feet, provided that said sign is located within the sign band. The Architectural and Preliminary Site Review Board, however, may permit these dimensions to be increased, but in no case shall the area of the sign exceed 50% of the total permissible area for an exterior sign on the front of said building.
[Amended 12-7-2004 by L.L. No. 13-2004]
(7)
No sign shall be erected on any roof.
(8)
Any such sign shall be maintained in a good state of repair and in working order and neatly painted; all projecting lighting devices, including reflectors and all parts thereof shall be painted aluminum on the outside.
(9)
Exception. The provisions of Subsection A (1) through (7) above shall not prohibit a sign projecting not more than one foot from the wall of any building and not more than one foot by one foot in an area used to indicate the location on the premises of a public telephone or other public utility facilities for the use of the general public.
B.
Detached or ground sign in the B-1, B-2 and B-3 District advertising only the business conducted on the premises, provided that there be only one such sign detached from a building, not to exceed 20 square feet in area or five feet in height and be located not less than 10 feet from any property line.
C.
Interior and window signs in the B-1, B-2 and B-3 District: total interior and window signage area shall not exceed 35% of the total area of the window, except as provided in subsection D.
D.
Interior and window signs for supermarkets, groceries, stores for retail sale of foods which stores have a total floor area of 4,000 square feet or more and located in the B-1, B-2 and B-3 District: total interior and window signage shall not exceed 75% of the total area of such window.
E.
Gasoline station signs. Notwithstanding subdivisions A and B of this section, the following signs, deemed customary and essential, shall be permitted as accessory to a gasoline station:
(1)
Signs which are an integral part of gasoline pumps.
(2)
Signs over bays, not to exceed two feet in height, containing the words "lubrication," "washing" or other such customary words.
(3)
Signs showing the selling price of gasoline, not to exceed one such sign for each gasoline pump and attached thereto, and not to exceed one square foot each.
(4)
Ground signs or pedestal signs not to exceed two in total number, 20 square feet in area per sign face or 15 feet in height above the average ground level. No such sign shall project beyond any lot line.
(5)
Temporary signs, not to exceed two in number or 10 square feet per sign face. Such sign shall advertise some special seasonal service and shall remain in view only during the periods October 1 to December 1 and/or April 1 to June 1.
(6)
Wall signs, in conformance to Subdivision A of this section.
(7)
The subject matter of any sign shall relate only to the business occupying the lot.
F.
For groups of two or more attached stores, located together in a single shopping center, signs shall be attached to buildings and coordinated in material, shape, lettering, color and/or decorative elements.
§ 99-32 Sign prohibitions.
A.
No sign shall be erected on the roof of any building or structure.
B.
No sign shall be painted on the surface of walls or roofs of any building or structure.
C.
No sign shall be constructed of cloth, oil cloth, paper or other destructible material for display outside of any building except for temporary signs. No streamers shall be displayed outside of any building.
D.
No banners shall be erected or maintained across any street, unless a permit shall have been granted by the Board of Trustees.
E.
All signs of a temporary nature, such as commercial posters, banners, promotional devices and other signs of similar nature, may be granted a temporary permit for a period not to exceed 30 days, provided that such signs are not attached to fences, trees, utility poles or the like, and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public.
F.
No vertical sign shall be erected as an exterior, interior or permanent window sign. Any vertical signs legally existing on the effective date of this chapter shall not require removal.
G.
No sign shall be erected which projects more than 18 inches from the face of any building over any sidewalk, street, parking field or alley.
H.
No billboard, outdoor advertising or display sign which directs attention to a house, business, service, entertainment or commodity conducted, sold or offered elsewhere shall be erected or maintained. For illustration purposes, an "open house" sign may not be placed other than upon the premises offered for sale.
I.
No sign shall be attached to any tree, fence or utility pole.
J.
Exception. The provisions of this article shall not be deemed to exclude temporary posting of notices by a governmental agency.
§ 99-33 Illumination.
A.
The area, brilliance, character, color, degree, density, intensity, location and type of illumination shall be the minimum necessary for the intended purpose of such illumination, consistent with public safety and welfare.
B.
All sources of illumination shall be shielded or directed in such a manner that the direct rays therefrom are not cast upon any property other than the lot on which such illumination is situated.
C.
Illumination shall be steady in nature, not flashing, moving or changing in brilliance, color or intensity.
D.
Signs shall be illuminated indirectly or internally with white light. Internally lighted signs are permitted, provided that such lighting is transmitted through the letters or symbols of the sign, and further provided that such letters or symbols are designed for and integrated into the face of the sign prior to erection and are not glued, pinned or otherwise affixed to the face of the sign. Internal lighting which shows through the translucent area of the face of a sign not containing words or symbols shall not be permitted.
E.
Notwithstanding the provisions of Subsection D of this section, exposed neon or other gas-type tubes or incandescent tubing and signs containing words or symbols shaped or formed directly from neon tubes or similar illuminating devices shall be permitted provided that such tubing and signs are enclosed in a rectangular form of which the bottom side may be open. The form shall be deemed part of the sign. All lighting and electrical devices shall comply to all or other generally accepted standards for electrical work. In determining the height of such sign, the bottom of the sign is the lowest point of the sign and the top of the sign shall be the highest point of the sign.
F.
No illumination shall be located so as to be confused with traffic control signals, either by color or proximity.
G.
Illumination and illuminated signs shall not interfere with the normal enjoyment of residential uses in adjacent residential districts.
H.
Neon-type direct illumination which frames the interior of a window visible from the outside shall not be permitted except between the hours of 7:00 a.m. and 10:00 p.m. or such other time as actual business shall be conducted at the premises.
I.
No illuminated sign shall be permitted in any residential district.
§ 99-34 Awnings and Canopies.
A.
Requirements.
(1)
Height. No person shall erect, hang, permit or allow to be erected any awning upon or in front of any building owned or occupied by him which shall project over or upon any street, sidewalk or public place in the Village of Floral Park unless the lowest portion of such awning shall be at least 7 1/2 feet above the sidewalk of such street, highway or public place.
(2)
A canopy shall not exceed three feet in vertical height, with lettering no greater than two feet. No canopy shall project more than 18 inches from the wall.
(3)
When a canopy is not used for the display of any advertising, a sign may be placed above it in the appropriate sign band. However, such sign shall be limited to a maximum of one foot in vertical measurement.
(4)
No lettering or advertisement on a canopy shall extend horizontally for a distance greater than 80% of the building frontage.
(5)
An exterior sign containing only a logo or a business name, which shall not exceed six inches in height, may be painted on or applied or attached to the front valance of an awning or canopy over a show window facing on a public street or municipal parking field, but such sign shall be used only for advertising any business conducted in the building of which such window is a part.
B.
Inspection. All awnings and canopies heretofore or hereinafter erected upon or in front of any building in the Village of Floral Park as provided herein, shall be inspected at least once each year by the Superintendent of Buildings of the Village of Floral Park for the purpose of ascertaining that the same shall conform to the provisions of this chapter.
C.
Continuation. All legally existing awnings and canopies which were erected prior to the effective date of this chapter shall not require removal.
§ 99-35 Application for permit.
Application for permit shall be made to the Superintendent of Buildings, in writing, upon forms provided by him, and the application shall contain the following information:
A.
The name, address and telephone number of the applicant.
B.
The location of the building or structure or land to which or upon which a sign is to be erected.
C.
A detailed drawing or blueprint describing the construction of the sign and its supporting structure and any illuminating equipment; the lettering or graphic matter composing the sign; the position of lighting or other essential devices; a location, plan or site showing the position of the sign on the land and its position in relation to nearby buildings or structures and to any private or public street or highway; an elevation drawing of a building or structure showing the position of the sign.
D.
A color rendering of the proposed sign, which may be combined with the detailed drawing or blueprint required in Subsection C.
E.
Notarized written consent of the owner or agent of the building, structure or land to which or on which the sign is to be erected, in the event that the applicant is not the owner thereof. Such consent shall contain the address and day telephone number of the owner and agent.
F.
A copy of the application by a licensed electrician for inspection of any electrical wiring and equipment for the sign in order to obtain the necessary electrical certificate of compliance issued by the New York Board of Fire Underwriters or such other agency which shall be recognized by the Village.
§ 99-36 Issuance of permit.
A.
It shall be the duty of the Superintendent of Buildings, upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted along with the application and, if necessary, examine the building or structure or premises upon which the proposed sign or other advertising device is to be erected. If the proposed sign in compliance with the requirements of this article, the Superintendent of Buildings shall then forward the application to the Architectural and Preliminary Site Review Board for its review in accordance with the procedures and standards set forth in Article VIII. Upon approval by the Architectural and Preliminary Site Review Board, the Superintendent of Buildings shall then, within five days, issue a permit therefor, subject to the prescribed fee. Any person aggrieved by the decision of the Architectural and Preliminary Site Review Board relative to the provisions of this article may appeal such decision to the Board of Trustees.
B.
If the sign authorized under such permit has not been completed within six months from the date of issuance, the permit shall expire upon such six-month anniversary date.
C.
If the application, together with the plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of this article, the Superintendent of Buildings shall disapprove the same and return the plans and specifications to the applicant.
§ 99-37 Maintenance required; revocation of permit.
A.
Any sign for which a permit has issued or is lawfully nonconforming must be kept clean, neatly painted or refurbished and free from all hazards, such as but not limited to faulty lighting or electrical wiring and loose fastenings and equipment, and such sign shall be maintained in an upright, safe and secure condition at all times and shall not be detrimental to the public health, safety and welfare.
B.
In the event of a violation of Subsection A of this section, the Superintendent of Buildings shall give written notice specifying the violation and delivering the same to the recorded owner of the sign and the recorded owner of the land on which the sign is located, either in person or by certified mail, and such notice shall include instructions for compliance with this Sign Law, or for the removal of the violations or the sign itself within 10 days of an appropriate reasonable time from the date of notice. In the event that such sign has not been made to conform within the allotted time, the Superintendent of Buildings shall revoke the sign permit by written notice to the specified owners, and then institute appropriate action to remove or cause removal of such sign. All costs and expense incurred by the Village in said removal or repair shall be assessed against the land or building on which such sign was located. The Superintendent of Buildings may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
§ 99-38 Removal of certain signs.
A.
Any sign existing on or after the effective date of this chapter, which no longer advertises an existing business conducted or product sold on the premises shall be removed by the current owner of the premises on which such sign is located, after written notice as provided herein.
B.
The Auperintendent of Buildings shall, upon determining that such sign exists, notify the owner of the sign, if available, and the owner of the premises on which the sign is located, in writing, as provided herein, including specifications of the law and instructions for the removal of the sign within 30 days or an appropriate reasonable time from the date of the notice. Upon failure to comply with such notice within the prescribed time, the Superintendent of Buildings is hereby authorized to take appropriate action to remove or cause removal of such sign, and costs incurred shall be paid out of the Village funds on certification of the Superintendent of Buildings. Such costs shall be charged to the owner of record of the premises involved and shall be collected in the manner provided for the collection of special assessments.
§ 99-39 Maintenance after sign is removed.
After a sign has been removed from the exterior of a building for any reason, all metal bracements shall be removed from the area where the sign was located. Furthermore, if the sign is not replaced, the area must be covered with an appropriate temporary covering or permanent refinishing to be approved by the Superintendent of Buildings. Whenever a sign is removed from a building and is not replaced by a new sign, the exterior facade of the building must be restored as nearly as possible to its original condition, matching the area surrounding that previously occupied by the removed sign.
§ 99-40 Nonconforming signs.
A.
An existing nonconforming sign shall not be structurally repaired or enlarged, altered, extended or changed. Any such sign removed for purposes other than maintenance shall be deemed permanently removed and may be replaced only in accordance with the provisions of this article.
B.
All legally existing signs that are nonconforming only with regard to the placement of the sign outside of the sign band shall be moved to the appropriate sign band as designated by the Superintendent of Buildings within six months of the effective date of this article.
C.
All legal nonconforming signs in existence on the effective date of the chapter or of any amendment thereto, at the expiration of eight years from said date, shall be removed and/or replaced with a conforming sign. The Board of Trustees may, after public hearing and upon a showing of hardship, extend a permit for prior legal nonconforming signs for an additional period not to exceed five years. There shall be no fee for an application for extension of use.
[Amended 3-1-2005 by L.L. No. 3-2005]
§ 99-41 Appeals.
A.
Any applicant aggrieved by any decision of the Superintendent of Buildings relative to the provisions of this article, may appeal such decision to the Zoning Board of Appeals as provided in this chapter and shall comply with all procedural requirements prescribed by such Board of Appeals.
B.
The Zoning Board of Appeals shall consider the general purpose and intent of this article so that the health, safety and welfare of the public is protected. Where strict application of any of the requirements of this article would result in practical difficulties or unnecessary hardship, the Board may vary or adapt the requirements in accordance with this chapter.
§ 99-42 Fees.
Fees for permits pursuant to this article are set forth in § 99-62 hereof.