Freeport City Zoning Code
ARTICLE XXI
Signs
§ 210-203 Legislative intent.
The purpose of this article is to regulate existing and proposed signs in order to:
A.
Protect property values.
B.
Create a more attractive economic business climate.
C.
Enhance and protect Freeport's physical appearance and environment.
D.
Preserve the scenic and natural beauty of the Village.
E.
Provide a more enjoyable and pleasing community.
F.
Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents.
G.
Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.
§ 210-204 Definitions.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Any sign related to a residence, business or profession conducted, or to a commodity or service sold or offered, lawfully existing upon the premises where such sign is located.
The outer surface of a building which is visible from any public street or walkway. A building may have more than one "front face."
A sign supported by uprights or braces in or upon the ground surface and not attached to any part of a building. A "ground sign" may have a sign on each of two separate faces.
A sign which is attached to a building or canopy but which is not parallel to the wall of a building.
Any sign, except address numbers, that is affixed to or painted on the interior of a window or glass, or any sign located within six inches of the inside face of the window or a door, which sign is designed to be visible from the exterior of the window or door.
A sign which is part of, attached to or hung from a marquee, canopy, awning or other covered structure projecting from and supported or partially supported by a building or otherwise designed to form part of the building facade.
Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
Any sign which is painted or otherwise inscribed on any exterior surface of a building or structure.
Any person, firm, partnership, association, corporation, company, institution or organization of any kind.
A sign which is erected, constructed or maintained on, partly above or as part of the roof of any building.
Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, logo, insignia, device, trade flag, symbol or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. A "sign" includes any message and any billboard, neon tube, string of lights or similar device placed upon, outlining, hung, painted upon or attached to part of a building or lot, but does not include the flag or insignia of any nation or group of nations, or of any governmental agency, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. (Also see "accessory sign," "ground sign," "interior sign," "marquee sign," "nonaccessory sign," "painted sign," "hanging sign," "roof sign," "temporary sign," and "wall sign.")
Sign area shall be measured as follows:
When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.
When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, or a fascia panel integrated into the design of the building, canopy, marquee or other covered structure, the total area of such sign shall be deemed the area of the smallest triangle, rectangle or circle within which all of the matter of which such sign consists may be inscribed.
A sign which is designed to advertise or announce a particular event or series of events, to solicit political support or to announce the availability for sale of any type of property. Such temporary signs may be maintained for a period of no greater than 60 calendar days.
[Amended 10-21-2024 by L.L. No. 1-2024]
Any sign which is attached directly to or painted on the building wall and is parallel to the building wall.
[Amended 10-21-2024 by L.L. No. 1-2024]
§ 210-205 Permit required; procedure.
[Amended 4-23-1984 by L.L. No. 4-1984; 2-26-1990 by L.L. No. 42-1990; 1-24-2005 by L.L. No. 2-2005]
A.
Except as otherwise provided in this chapter, signs shall not hereafter be erected, structurally altered, enlarged or relocated within the Village unless a permit is obtained from the Building Department following approval by the Building Department in accordance with the requirement stated below and payment of a fee. Such permits must be renewed every three years. At such renewal time the Building Department shall determine that no modifications have been made in the previously approved sign and that said sign is properly maintained and in safe condition. The Board of Trustees, by resolution, shall adopt and from time to time may amend a schedule of fees payable by an applicant for a permit for the erection, maintenance, structural alteration, enlargement or relocation of signs for which a permit is required pursuant to this article and for any renewals thereof.
B.
Application for a sign permit shall be made on a form provided by the Building Department, which application shall include necessary sketches and supporting information indicating location of sign, size, colors, type of lettering or other graphic representation and materials to be used.
C.
Building Department review.
(1)
The Building Department shall review the proposed sign with respect to all quantitative factors. The Building Department shall act to approve, disapprove or approve with conditions within 15 days, or as practicable, after receipt of the application.
(2)
The Building Department may approve signs which differ from the standards set forth in this article, provided written findings of fact are made that said sign or signs conform to the general design principles outlined in § 210-206 hereof, and provided further that no sign may violate the sign prohibitions and general restrictions listed in § 210-209 hereof.
D.
After approval or approval with conditions by the Building Department, said Department shall immediately issue a permit in accordance therewith. Every sign so approved shall bear the sign permit number printed in block letters and numbers at least one inch high in the lower right-hand corner of the sign.
§ 210-206 Design review.
[Amended 1-24-2005 by L.L. No. 2-2005]
A.
General design principles. The Building Department shall be guided by the following general design principles in reviewing signs:
(1)
Signs should be a subordinate part of the streetscape.
(2)
Signs should be as small as possible.
(3)
Signs should be as close to the ground as possible, consistent with required safety and legibility.
(4)
Signs should be of a regular shape.
(5)
A sign should have an appropriate size relationship to the building upon which it is placed.
(6)
Signs should be sized according to the speed of the intended observer, smaller for pedestrians, larger for people passing in cars.
(7)
Signs should have a minimum of information in order to avoid clutter and confusion.
(8)
Signs which can be combined into one should be, in order to avoid clutter.
(9)
A sign should not impair the visual effectiveness of neighboring signs.
(10)
Garish colors and materials should be avoided.
(11)
Signs which have dark background colors and light letters are preferred in order to minimize the apparent size of signs within the streetscape.
(12)
Signs on the same building should be within the same horizontal band and be of a similar height.
(13)
Except in carefully designed circumstances, signs should be integrated with fences, walls or buildings and not freestanding.
(14)
The material of all signs shall be no thinner than 1/4-inch thick, shall be made of solid plastic, metal, or wood, and shall not be of flexible banner-type material.
[Added 10-21-2024 by L.L. No. 1-2024]
B.
Design regulations and examples. The Board of Trustees may from time to time pass regulations, in writing or as picture examples, which. in addition to the standards as set forth above, shall be consulted by the Building Department in its review process.
§ 210-207 Appeal from denial of permit.
[Amended 4-27-1981 by L.L. No. 9-1981; 2-26-1990 by L.L. No. 43-1990; 1-24-2005 by L.L. No. 2-2005; 10-21-2024 by L.L. No. 1-2024]
Any person feeling himself aggrieved by the decision of the Building Department upon any application for a permit for any sign as provided in § 210-205 may appeal solely to the Planning Board from any such ruling or decision, and the Planning Board may affirm, reverse or modify such ruling or decision of the Building Department. The Board of Zoning Appeals shall not hear or determine appeals from decisions of the Building Department pertaining to this sign article. The Board of Trustees, by resolution, shall adopt and from time to time may amend a schedule of fees payable by said applicant for the processing of said appeal.
§ 210-208 Exemptions from permit requirement.
The following signs do not require a permit:
A.
Signs of duly constituted governmental bodies, including traffic or similar regulatory devices and legal notices.
B.
Flags or emblems of political, civic, philanthropic, educational or religious organizations.
C.
Bulletin boards or signs not over 16 square feet in area for public, charitable or religious institutions where the signs are located on the premises of said institution.
D.
Memorial plaques, cornerstones, historical tablets and the like.
E.
Signs not visible off the lot upon which they are situated.
F.
Up to two professional nameplates which do not individually exceed one square foot in area.
G.
Identification signs posted in conjunction with doorbells or mailboxes, not exceeding a total of 30 square inches in surface area.
H.
Signs required to be maintained or posted by law or governmental order, rule or regulation.
I.
Address signs. Not more than one address sign shall be permitted for each street frontage. No nonpermit address sign shall exceed two square feet in surface area. Address signs shall show only the numerical address designations (in numbers or script) of the premises upon which they are situated, except that residential address signs may include the name of the family resident therein.
J.
One sign advertising the sale, lease or rental of the nonresidential premises upon which said sign is located, which sign shall not exceed 16 square feet in area and be located no closer than 10 feet to any street or lot line.
K.
Cautionary signs which are less than one foot square in size, such as but not limited to "danger," "no trespassing," etc.
L.
Private traffic signs, including directional, regulatory, warning or informational signs of a noncommercial nature which are in the public interest, such as but not limited to "exit," "entrance," "parking," "one-way," etc. Each such sign shall not exceed two square feet in area.
§ 210-209 Sign prohibitions and restrictions.
The following prohibitions and general restrictions shall apply in all building zones:
A.
Only accessory signs shall be permitted. Nonaccessory signs shall be prohibited.
B.
Billboards shall be prohibited.
C.
Roof signs shall be prohibited.
D.
Standard, approved methods of constant illumination shall be permitted on ground signs, wall signs and hanging signs; provided, however, that they shall concentrate the illumination upon the area of the sign so as to prevent direct glare upon the street or adjacent property.
E.
Flashing signs are prohibited.
F.
Except for clocks and customary time and temperature devices, no sign shall contain intermittent or moving illumination. Signs with visible moving, revolving or rotating parts are prohibited.
G.
Except for holiday seasons, grand openings or designated special events as approved by the Building Department, no sign or part thereof shall consist of pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. No such special event shall exceed a period of 60 days, and such event shall not be repeated for at least a sixty-day interval thereafter.
[Amended 11-8-1982 by L.L. No. 15-1982; 1-24-2005 by L.L. No. 2-2005]
I.
No sign shall project above the parapet of a building.
J.
No sign shall be erected in such a manner as to obstruct free and clear vision for drivers, nor at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the word "stop," "look," "danger" or any other word, phrase, symbol or character, or red, green or amber illumination or reflection in such a manner as to interfere with, mislead or confuse traffic.
K.
No portable or temporary sign shall be placed on the front face of any building or otherwise upon any property (improved or unimproved) or public ways adjacent thereto, except as provided in § 210-217 herein.
L.
Signs painted directly upon the surface material of a building or other structure are prohibited.
[Added 4-23-1984 by L.L. No. 4-1984]
M.
Notwithstanding any other provision of this article, any sign authorized in this article is allowed to contain noncommercial copy in lieu of any other copy.
[Added 1-22-1990 by L.L. No. 2-1990]
§ 210-210 Illuminated signs.
A.
A sign illuminated by electricity or equipped in any way with electric devices or appliances shall conform, with respect to wiring and appliances, to the regulations of the New York Board of Fire Underwriters and shall bear the stamp of said Board.
B.
Signs self-illuminated from within. All wiring shall be self-enclosed in metal raceways.
§ 210-211 Limitation of sign content or copy.
Information displayed on signs shall be limited to the name, address and nature of the business and products available or activity for which the building or premises is used.
§ 210-212 Ground signs.
Except as provided herein and for necessary cautionary or traffic control signs, only one ground sign shall be permitted for each frontage of a property on a public street or way. In addition, however, directory-type signs are permitted in business, industrial and manufacturing districts as determined to be necessary by the Architectural Review Board. Such signs are limited to either pole signs, with no guy wires, or signs permanently affixed to a fence or other wall separate from the principal building. All ground signs shall be set back at least five feet from the property line, and such signs shall not overhang the property line. The location and design of such signs shall be chosen so as not to present a hazard to pedestrian or vehicular traffic. Ground signs shall be limited as follows:
Zoning District | Maximum Height (feet) | Maximum Size (square feet) |
|---|---|---|
Manufacturing and industrial | 15 | 70 |
Mall (on parking lot frontage only) | 12 | 15 |
Business | 15 | 70 |
Residence | 6 | 4 |
Apartment | 6 | 6 |
§ 210-213 Interior signs.
Interior signs are permitted in all zoning districts except residence and apartment districts. An interior sign or combination of signs shall not cover more than 10% of the total plus area upon which or in which it is affixed, displayed or painted.
§ 210-214 Marquee signs.
Marquee signs are permitted in all zoning districts except residence districts. Signs shall not be permitted on any marquee, other than signs built into and forming a part of the marquee itself. Marquee signs shall not extend beyond the edge of the marquee. Such signs shall not exceed a height of three feet or a total area of 24 square feet on any one side of the marquee. In business or industrial zoning districts, the area allocated to marquee signs shall be counted as part of the area permitted in wall signs.
§ 210-215 Wall signs.
[Amended 4-23-1984 by L.L. No. 4-1984]
Wall signs shall not extend or project more than 12 inches from the wall to which they are affixed, and where such signs shall front on a public walkway, the lower edge of said signs shall not be less than seven feet in height above the level of the public walkway.
A.
Within any business zoning district, such signs shall not exceed a height of three feet and shall not extend higher than the top of the parapet in the case of one-story buildings. In the case of buildings taller than one story, such signs shall not extend above the bottom of the sill of the windows of the second story nor extend or be placed more than 15 feet above the outside grade. No wall sign or combination of signs on any single property frontage in a business district, including interior signs, shall exceed an area in square feet equivalent to 1 1/2 times the linear length in feet of the structure on such frontage.
B.
Where an establishment for which signs are permitted has a rear entrance on a public way or frontage on two or more streets or multiple frontages within or adjacent to a parking lot, signs shall be permitted on each frontage, up to the maximum permitted for that frontage.
C.
Within an industrial zoning district, one wall sign not exceeding 70 square feet is permitted for each street frontage from which access is provided to the lot. No sign shall project above the roof line or beyond the wall to which it is affixed.
D.
Within an apartment zoning district, one wall sign not exceeding 12 square feet in size shall be permitted for each frontage from which access is provided to the lot. No such sign shall be higher than 15 feet from the adjoining ground level.
E.
In all districts, a wall sign shall not cover wholly or partially any wall opening, including doors, fire escapes and windows, nor project beyond the ends of the wall to which it is attached. All such signs must be safely and adequately attached to said building wall by means satisfactory to the Building Department.
§ 210-216 Hanging signs.
[Amended 1-24-2005 by L.L. No. 2-2005]
Hanging signs are permitted within all zoning districts with the exception of Residence A and Residence AA. Each establishment shall be permitted one hanging sign for each frontage on a public street or public way. Such signs shall not exceed 10 square feet in area. The construction and method of securing such signs to the structure or canopy shall be approved by the Building Department. The bottom of such sign shall be at least seven feet six inches or a maximum of 13 feet above the sidewalk, and such signs shall not extend into any area which is accessible to service or emergency vehicles.
§ 210-217 Temporary signs.
The erection, installation or maintenance of temporary signs, as defined in § 210-204, is hereby prohibited, except that the Building Department may grant special permission for the maintenance of the following signs:
A.
A temporary sign not exceeding 32 square feet in area which is erected by a municipal, charitable, political or nonprofit organization is permitted for a period not to exceed 60 days.
B.
A single temporary sign not exceeding 32 square feet in area which announces anticipated occupancy of a site or building or identifies contractors, architects, engineers, etc., on a building under construction, shall be permitted for a period not to exceed six months.
C.
Temporary interior signs announcing special sales or events shall be permitted in a business district. Such signs shall cover no more than 25% of the window area to which they are affixed and shall be removed within 20 days.
§ 210-218 Unsafe and unlawful signs.
[Amended 5-14-2018 by L.L. No. 1-2018]
If the Building Department shall find that any sign regulated herein is unsafe or is a menace to the public or has been erected in violation of the provisions of this chapter, it shall give written notice to the permittee thereof. If the permittee fails to move or alter the sign so as to comply with the standards herein set forth, such sign may be removed or altered so as to comply by the Building Department at the expense of the permittee or owner of the property on which it is located. The Building Department shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Building Department may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
§ 210-219 Abandoned signs.
Any sign which advertises, identifies or pertains to an activity no longer in existence shall be removed by the owner of the property within 30 days from the time the activity ceases existence. However, this provision shall not apply to seasonal activities during the regular periods in which they are closed. If the owner fails to remove or cause to be removed such sign within 30 days after written notice, the Building Department shall remove such sign and assess the cost of such removal to the property owner.
§ 210-220 Existing signs.
A.
Any existing sign that was in place prior to the date of adoption of this article shall be subject to the following requirements:
[Amended 1-24-2005 by L.L. No. 2-2005]
(1)
The owner of the property shall be required to apply for a new permit or the sign at the time the present permit expires.
(2)
The Building Department shall review each application for a permit for such existing sign and determine whether the sign conforms to the requirements of this article.
(3)
The application for a permit for any sign shall be referred to the Building Department, and a permit shall be issued by said department once approved and shall be subject to any conditions. If the Building Department does not approve or conditionally approves the application, a permit shall not be issued.
B.
A sign for which a permit is not issued shall be removed or made to conform within three years or at the present renewal date, whichever is later, of the date of adoption of this article. If the owner falls to remove or cause to be removed such sign within 30 days after written notice served following expiration of the cited three-year period, the Building Department shall remove such sign and assess the cost thereof to the property owner.
C.
An existing nonconforming sign shall not be structurally repaired or enlarged. The relettering, painting or decorating of such signs shall be permitted, but any such sign once removed for purposes other than relettering, painting or decorating shall be deemed permanently removed and may be replaced only in accordance with the provisions of this chapter.
§ 210-221 Display of street numerals and business name.
[Added 1-23-1978 by L.L. No. 2-1978; amended 10-21-2024 by L.L. No. 1-2024]
A.
Any provision of this Code to the contrary notwithstanding, all structures situate within the Village of Freeport shall prominently display the numerals of the street address of said premises. Such numbers are to be clearly visible from the street adjacent thereto.
B.
Any provision of this Code to the contrary notwithstanding, all businesses occupying a streetfront within the Village of Freeport shall have a code-compliant sign prominently displaying the business name of said business.
C.
Any provision of this Code to the contrary notwithstanding, all businesses within the Village of Freeport containing a rear door shall have the business name and/or address displayed on said rear door.