The following signs shall be permitted in all Districts and shall be exempt from the requirement of a sign permit. Such signs shall not interfere with vehicular or pedestrian travel or cause a public hazard or nuisance.

The following signs in all Districts shall not require a sign permit but shall be subject to an inspection and the payment of an inspection fee as provided in § 198-99(B)(3):

The following signs shall be permitted in the R-3M, R-HS and R-RM, Residence Districts, C-1 Office-Residence District and C-12 Professional District:

The following signs shall be permitted in the C-2 Single Purpose Office Building District and in the I-1, I-2, I-3 and I-4 Light Industry Districts:

The following signs shall be permitted in the C-3, C-4, C-6 Huntington Station Overlay District, C-7, C-9, C-10 and C-11 Business Districts:

The following signs shall be permitted in the C-5, C-6 and C-8 Business Districts:

The following signs shall be permitted in the I-5 General Industry District:

The following signs shall be permitted in the I-6 Generating Station District:

The following signs shall be permitted in all commercial districts or commercially-utilized properties unless otherwise noted:

The following signs shall be permitted in all commercial districts or light industry districts unless otherwise noted:

Signs greater than six (6) feet in height are prohibited. Height shall be measured from grade to the highest point of the sign structure or sign, whichever is greatest.

No sign more than ten (10) square feet in area shall be located or placed within ten (10) feet of a street line.

Signs containing commercial messages shall be prohibited except for signs placed in connection with a permitted home occupation, real estate signs, construction/development signs, or signs installed in connection with an application before the Town Board, Zoning Board of Appeals or Planning Board.

No sign shall be placed or located so as to interfere with vehicular or pedestrian travel, nor shall a sign be located so as to cause a public hazard or nuisance.

Flashing signs and movable copy signs.

Billboard and sandwich signs.

Vehicular signs, portable signs and mobile signs.

Projecting signs with the exception of a permitted awning sign.

Visual image signs.

Unless otherwise provided, off-premises advertising signs.

Balloon signs, pennants and banner signs unless permitted as a temporary sign.

Animated signs shall be strictly prohibited.

Exposed neon signs where the tubes are affixed or placed on the face of the sign without a covering over the tubes to shield the public from all direct contact with them.

Any sign which projects more than eighteen (18) inches over a street line or sidewalk with the exception of a permitted awning sign.

Except as otherwise provided in this Chapter, any sign which is, in whole or in part, obscene or pornographic in nature. For the purpose of this Article, statements, words or pictures which describe or display "specified anatomical areas" or "specified sexual activities" shall be considered obscene or pornographic.

Signs on public roadways, highways, streets, rights-of-ways and other public places, except where posted or maintained by a municipality or public utility company for governmental or public purposes, or where posted pursuant to §§ 198-92(9), (10), (22) or (23).

A sign which covers, obstructs or hides from view any governmental sign, public utility company sign or railroad crossing sign or device.

A sign mounted, posted, or affixed to a public utility pole; street light; street sign; traffic sign, signal or device; municipal sign, building or structure; hydrant; signs on the face of any other sign; tree; stone or other natural object, except where posted or affixed by a municipality for a governmental or public purpose, or where posted pursuant to §§ 198-92(9), (10), (22) or (23).

Any sign, artificial lighting source or reflector, sign assemblage, brace or other device used or installed in connection with a sign where, in the opinion of the enforcement officer, the sign, lighting source, reflector, assemblage, brace or device impairs or interferes with vehicular or pedestrian travel, or interferes with or may be mistaken for a traffic sign, signal or device.

Illuminated signs or lighting devices outlining any part of a building, such as a gable, roof, sidewalk or corner.

Any facial or roof sign painted, erected or affixed so that any portion of the sign or sign assemblage extends above the roofline of a building.

Any sign erected or maintained on a lot within the triangular area bounded by the lines connecting a corner formed by a street line and another street line or site driveway line and a point twenty-five (25) feet from such corner on each of the intersecting lines, except that one (1) monument sign three (3) feet or less in height, or one (1) single or double pole freestanding sign may be permitted within such area provided that the bottom of the sign is at least fifteen (15) feet above grade, and in the opinion of the enforcement officer, does not cause a vision obstruction or create a public nuisance or hazard.

Signs which have movement of a sign body or other segment, such as those that contain a pinwheel, or rotate, revolve, move up or down, oscillate or involve any other type of action, whether caused by mechanical or other means.

Signs which produce any noise, sound, odor, smoke, flame or other emission.

Signs or graphics which, in the opinion of the enforcement officer, impair or cause confusion for vehicular or pedestrian travel, by design, color or placement.

Signs with a color or colors that are fluorescent, luminescent, reflective or are of the day-glo type, or signs which employ a mirror or other reflective device.

Roof signs shall be prohibited on roofs that do not cover at least 50% of the footprint of the building.

Roof signs shall be prohibited on properties where there is or will be a facial sign.

Permit application.

Exempt signs. The following signs shall be exempt from the permit requirements, except that no sign shall be posted or affixed to public property or installed in a public place, or be placed so as to interfere with vehicular or pedestrian travel, or in such manner as to cause a public hazard or nuisance.

Where the secondary frontage of a through lot in any business or industrial district faces a residence district.

Where the applicant or property owner has installed a freestanding or monument sign in the triangular area bounded as provided in § 198-93R no other sign shall be erected, placed or maintained along the street frontages forming the triangle.

In buildings containing more than one (1) tenant, the additional facial sign allowance shall be limited to only those tenants that actually face the secondary street, unless the property owner and tenant facing the secondary street consent to the installation of facial signs for other tenants in the building by sworn and notarized affidavit, and with the combined size of all facial signs subject to the size limits of § 198-94D.

No sign located on a secondary frontage shall exceed the square footage permitted for the district or fifteen (15%) percent of the area of the secondary frontage of the building, whichever is less. The term "secondary frontage" shall exclude structural elements that extend above the lowest point of the roof.

General restrictions.

Location and placement of signs.

Illumination of signs.

Signs facing municipal parking lots.

Applications for sign permits shall be made on forms provided by the Department of Public Safety. Each applicant shall submit a signed certification that the installation of any illuminated sign or any sign requiring the use of electrical service has been performed or shall be performed by a licensed electrician. The following fees are non-refundable and shall be paid at the time of application:

Suffolk County License. A copy of Suffolk County Installers License is required to be produced with the application pursuant to Suffolk County Local Law No. 42-2008, which requires any person engaged in the business of building or hanging display signs to be licensed by the County of Suffolk. A display sign is defined in the local law as "any sign, sign screen, billboard or advertising device of any kind that exceeds 75 square feet in area or 25 pounds in weight."

State parks or parkways. Any sign within five hundred (500) feet of a state park or parkway that requires approval from the New York State Office of Parks, Recreation and Historic Preservation must have such approval prior to the issuance of a town sign permit.

Renewals. Sign permits shall be renewed every three (3) years upon the payment of a permit renewal fee of three ($3) dollars per square foot of sign area with a minimum fee of one hundred ($100) dollars. Said fee shall be nonrefundable and paid at the time of application. An application for renewal of a permit shall be accompanied by a certification that the sign is properly installed, that the sign is being maintained in a safe manner, and the sign complies with all of the provisions of this chapter and other applicable law. The fee for the renewal of a sign permit after notice of renewal has been given and there has been a failure to renew within ninety (90) days of the date of such notice shall be two (2) times the amount established above. Notice shall be given by mailing an application for a renewal of a permit by regular mail to the name and address provided in the original sign permit application.

Replacement of substantially damaged or missing signs. Any person or business entity who wishes to duplicate a substantially damaged or missing sign shall apply to the Department of Public Safety. Authorization to replace or repair the sign shall be provided in writing at no cost as long as the applicant provides proof acceptable to the Department that the sign was legally in existence and that the term of the permit has not expired.

Except as expressly permitted in this Article, it shall be unlawful for any person or business entity to erect, display, maintain, structurally alter or relocate any sign without an inspection having been conducted and/or a permit issued by the Department of Public Safety.

Alteration of permit. It shall be unlawful to alter, obscure, deface, change or otherwise tamper with any portion of a sign permit issued by the Town of Huntington. The property owner and/or permit holder shall be strictly liable for a violation of this section. In addition to any other penalty provided for herein, the permit may be revoked by the Director and the sign(s) removed.

Non-transferability of permit. No person or business entity shall post or cause to be posted a permit for a sign other than the sign for which the permit is issued. The person or business entity to whom the permit was originally issued, and the owner and/or occupant of the property to which the permit was unlawfully transferred shall be strictly liable for a violation of this section. In addition to any other penalty provided by law, the permit may be revoked by the Director and the sign(s) removed.

Relocation or change of size. Except as expressly permitted in this Article, it shall be unlawful to alter, rebuild, enlarge, extend or to relocate a sign or sign assemblage, or cause same to be done, after a permit has been issued by the Director. Any person or business entity wishing to alter, rebuild, enlarge, extend or to relocate a sign or sign assemblage must apply for a new permit and pay the requisite fees. A new permit is not required where only the copy or message on the sign is changed; the sign is painted or cleaned; or routine maintenance and repairs are performed, as long as there are no structural alterations or additions.

Abandoned signs. A sign which no longer advertises a bona fide business conducted or a product sold at the premises shall be taken down and removed by the property owner, his agent or person having the beneficial use of the building, structure, or property within thirty (30) days of the date written notice to do so is given by the enforcement officer, and upon the failure to comply with such notice the Director of Public Safety is authorized to order the removal of such sign with or without further notice.

Unsafe or dangerous signs. If the town enforcement officer finds that the placement or condition of a sign or sign assemblage for which a permit has been issued has become unsafe or dangerous; is not properly secured; is located so as to interfere or obscure vehicular or pedestrian travel; or is not maintained in accordance with this Article, he shall give notice of such condition to the permittee. Such notice shall identify the sign, describe the hazard, defect or condition and advise the permittee that if the hazard or condition is not removed or made safe within ten (10) days of the date of the notice the sign will be removed and disposed of by the Town without further notice. If the permittee fails or refuses to remove, make safe or correct the hazard or condition within such period of time, then the Director of Public Safety may immediately order the removal of such sign from its location and dispose of same without further notice. Nothing contained herein is intended to prevent the Director of Public Safety or Director of Engineering Services from immediately ordering the removal of a sign with or without notice to the permittee or owner, if in the discretion of either Director, it severely jeopardizes the public health, safety or welfare; endangers property; or if it creates an unreasonable public nuisance.

Illegal signs. Any sign posted or maintained without a permit having been issued pursuant to this article, or maintained with an expired or altered permit, or any sign deemed prohibited by this article shall be declared a public nuisance and a hazard to public health. The Director of Public Safety may immediately order the removal of such sign from its location with or without notice to the owner of the sign or property, or occupant of the property, or the permittee, as the case may be. Any illegal sign removed may be disposed of by the Director without notice.

Trespass. Any person who causes or permits any sign to be placed, posted or maintained on, within, or encroaching upon or over any town owned or leased property, including any portion of a Town right-of-way or on any appurtenance therein, other than in conformity with this chapter, shall be in violation of this chapter. Any such sign shall be subject to immediate removal and destruction, without notice, as authorized by the Director of Public Safety or the Director of Engineering Services. In any action for an alleged violation of this section, there shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on such sign has caused or permitted such sign to be posted or located at the site.

Recovery of costs. The owner of the property shall be liable for all direct and indirect costs incurred by the Town of Huntington for the removal of a sign and sign assemblage, and the abatement and/or remediation of a hazard or nuisance.

A permit may be revoked by the Director of Public Safety in the same manner as set forth in Chaster 87 for building permits if there has been a material misrepresentation or falsehood in the application for a sign permit or at any time during the approval process; if the permit was issued in error; or as otherwise provided in this article.

Any person or business entity who resists, obstructs, or impedes an enforcement officer in the remediation or removal process, or fails to obey a reasonable order of an enforcement officer pertaining to such permit, sign or sign assemblage shall be in violation of this Article and subject to the fines and penalties provided in this chapter.

No oversight or dereliction of duty on the part of town officers shall serve to legalize the maintenance, erection, installation, alteration, modification or construction of a sign for which no permit has been issued, or if issued has expired or was in error; or to legalize a sign which does not conform to the provisions of this article or other applicable local, state or federal law, rule, ordinance or regulation.