Islip City Zoning Code
ARTICLE XXIX
Signs
§ 68-394 Intent.
This article is intended to control outdoor signs of all types and in all zoning districts by regulating size, location, quantity, quality, content and design to:
A.
Protect the safety of the public.
B.
Enhance the aesthetic environment of the Town.
C.
Reduce motorist distraction.
D.
Provide for uniform design standards.
E.
Encourage excellence in sign design.
F.
Improve business identification and sign comprehension.
G.
Limit the use of energy in sign design and maintenance.
H.
Amortize and replace signs which do not conform to the provisions of this article.
§ 68-395 Permitted signs.
[Amended 2-7-1984; 6-5-1990; 10-6-1992; 9-15-2020; 3-14-2023; 5-14-2024]
A.
Permitted signs may only identify the person, establishment, the principal product and/or service available on the premises which contains the sign. At least one of the signs identifying a business or industrial establishment must contain the street address number in the sign, using a minimum of four-inch numerals, or such number must be displayed elsewhere on the building and be visible from the street.
B.
The following signs are permitted in the zoning districts as specified in the Schedule of Sign Regulations[1] and in conformance with all other provisions of this article:
(1)
Address: a sign identifying the house number and/or name of the occupant of a dwelling.
(2)
Public interest: a sign containing a cautionary message, such as "beware of dog" or "no trespassing," or an information message, such as "exit" or "parking."
(3)
Home occupation: a sign which identifies only the name and/or occupation of a practitioner or one conducting a permitted home occupation in a dwelling.
(4)
Place: a sign identifying a community, residential development, public facility or a historic facility.
(5)
Institutional: a sign identifying a club, association, school, hospital, church, firehouse, nursing home, care facility, boardinghouse, institution or cemetery.
(6)
Real estate: a sign indicating exclusively the sale, rental, lease or development of the premises upon which it stands.
(7)
Contractor's: a sign identifying the contractor or contractors doing work on the premises or building which contains the sign.
(8)
Office: a sign identifying any office building or mortuary.
(9)
Business: a sign identifying an establishment which retails a product or provides a service or entertainment to the general public as distinguished from places, institutions or offices and which is permitted in all business districts.
(10)
Industrial: a sign identifying an establishment which produces or assembles a product or warehouses a product and which is permitted in all industrial districts.
(11)
Marquee: a sign identifying a specific motion picture or event which is subject to frequent change. A marquee sign is only permitted if the design and location are approved by the Planning Board.
(12)
Directory: a sign identifying two or more persons, agencies or establishments, located in a place or location common to all. Any directory which identifies five or more establishments must be approved by the Town of Islip Planning Director before installation.
(13)
Corporate lawn: a sign identifying an office, industrial or business establishment that is designed to integrate into the landscape character of the subject parcel. Such signs shall be architecturally compatible with the building(s) and site and must be located in a landscaped lawn area having an area of at least 1,500 square feet. Any pylons used to support the sign shall not exceed two feet in height.
(14)
Directional: a sign located outdoors which guides, instructs or directs viewers to a place or event not located on the same premises. Such a sign may only identify an establishment located in the Town of Islip and cannot exceed 12 square feet. Directional signs are only permitted if the location and quantity are approved by the Planning Director.
(15)
(Reserved)
(16)
Blade sign: a facial sign that is located perpendicular to the building facade. Blade signs shall not extend more than 36 inches from the wall to which they are attached and shall not exceed an area of 12 square feet. Blade signs are only permitted in the Business District (BD) and the Downtown Development District (DDD), and shall not be illuminated if the sign is located directly across the street or adjacent to a residential district. A minimum height of eight feet of clearance above finished grade is required for any blade sign under which pedestrians pass. Blade signs may be permitted in addition to the primary facial sign.
(17)
Historic marker: Any sign erected at a historically significant location, facility, or building that is used to interpret, promote, or protect the historic and cultural character of the location, facility, or building. See § 68-400E for requirements.
(18)
Feather sign: a temporary advertising sign made of lightweight cloth that is supported by a lightweight freestanding pole or frame, permitted accessory to a commercial establishment. Feather signs 1) shall be limited to a) one feather sign per lot; or b) where there are multiple tenants on one lot, one feather sign for every 75) linear feet of road frontage; 2) shall be placed in a manner so as to ensure pedestrian safety; 3) shall not be more than 12 feet in height, or greater than 36 inches in width; 4) shall not block any windows or doors; 5) shall be secured in a manner that prevents displacement from the wind which shall be shown on a catalogue sheet setting forth how the feather sign is anchored; and 6) shall be placed no closer than 20 feet from an adjacent property line nor within any sight triangle. No feather sign shall be permitted to become tattered or torn.
C.
Any sign permitted in this ordinance is allowed to contain noncommercial copy in lieu of other copy.
§ 68-396 Prohibited signs.
[Amended 12-15-1981]
Any sign not specifically permitted is prohibited and shall be removed. Prohibited signs include but are not limited to the following:
A.
Any sign which is dangerous or hazardous to public safety by virtue of its maintenance, structure, projection or any other reason as determined by the Building Inspector.
B.
Any sign which obstructs the visibility of drivers or which conflicts with or obstructs a traffic control device for any reason.
C.
Any sign which obstructs a required window or door in such a manner as to prevent free egress or ingress.
D.
Mobile or portable signs.
E.
Flashing, revolving, moving, sound-producing or animated signs, including signs which have the capability of motion in whole or in part, except signs which display time and/or temperature exclusively.
F.
Roof sign painted or supported upon or above any portion of a roof and which is visible anywhere from the ground, except when approved by the Board of Appeals.
G.
Commercial billboard which is rented or used to advertise a product, service or establishment which is not the principle product, service or establishment found on the property containing the billboard.
H.
Any sign attached to a tree, telephone pole, portable object or to the face of another sign.
I.
Any sign which uses breakable glass in its construction, except glass used in illumination.
J.
Any sign in any street right-of-way, except historic markers erected pursuant to § 68-400E.
[Amended 3-14-2023]
K.
Immoral or obscene sign, as determined by the Town Board.
L.
Any sign which requires a permit but does not have one.
N.
Any signs attached to or painted on a permanent canopy.
[Added 8-25-1987; amended 9-15-2020]
(1)
Exception: Canopy signs, as defined in § 68-3, may be permitted with Sign Inspector and building permit review and approval within the Business III or Industrial Corridor Districts as an accessory use to a gasoline service station, provided that the following criteria are met:
[Added 1-14-2003]
(a)
The size of any canopy sign is limited to 10% of the area of that face of the canopy on which it is located. In no case shall any canopy sign be larger than 12 square feet.
(b)
One canopy sign may be permitted per canopy. Exception: Where a canopy is located on a corner of two public thoroughfares, one canopy sign may be permitted on each canopy face, for a maximum of two canopy signs.
(c)
Canopy signs shall be of channel letter or block design only.
(d)
Canopy signs may be illuminated with internal lighting or indirect lighting during permitted business hours only.
O.
Box and cabinet facial signs. Any sign with a plastic acrylic, or similar material face (panel) attached to a metal or similar material frame (cabinet). This shall include push-through and embossed type box and cabinet facial signs. An aluminum pan sign shall not be considered a box or cabinet facial sign.
[Added 12-17-2019; amended 5-14-2024]
§ 68-397 Type and quantity of permitted signs.
Permitted signs may only be ground, facial, window or awning type and must conform to all other provisions as specified herein as well as in the Schedule of Sign Regulations.[1]
A.
Ground sign: a freestanding sign attached to a structure which is intended and designed only to support the sign and which is embedded in the ground or anchored in concrete.
(1)
When permitted. A ground sign is permitted to identify a building or use within a building only if the building which it serves to identify is set back more than 25 feet from the street curb or edge of the street pavement.
[Amended 2-7-1984]
(2)
Quantity. Only one ground sign is permitted on any parcel containing one or more buildings for any permitted signs, except public interest signs, which are permitted as required to safely convey the message, and place signs which identify the hamlet or neighborhood in which they are located. Where two or more persons, agencies or establishments are located in a place or location common to all, such as a shopping center or an office complex, or where separate facilities share a common parking area, only one ground sign is permitted in the location common to all. One real estate sign may be attached to an existing sign as the need arises.
[Amended 2-7-1984; 8-5-2014]
(3)
Sign area. The area of a ground sign shall be the area of a rectangle, the sides of which completely enclose the sign, excluding structural supports, each of which may not exceed 16 inches in any horizontal dimension or 24 inches in combination, unless approved by the Planning Commissioner or their designee. The maximum area of a ground sign may not exceed 10 square feet plus one foot of sign area for every 10 feet of lot frontage (along one street only, if the lot has multiple frontages), or the maximum area listed in the Schedule of Sign Regulations, whichever is smaller. Any sign may be double-faced, and only one face shall be used in determining conformity to sign area limitation. If the distance between faces exceeds 16 inches, all sides of the sign shall be computed to determine sign area, except the top and bottom of the sign. The maximum sign area shall be the area specified in the Schedule of Sign Regulations.
[Amended 5-14-2024]
(4)
Height. The maximum height of a ground sign shall be as specified in the Schedule of Sign Regulations and shall be measured vertically from the nearest street grade to the top of the sign or its structural support, whichever is higher.
(5)
Setback. The setback of a ground sign is the shortest horizontal measurement from the property line to any part of the sign. A ground sign shall be set back from any street, right-of-way, property line or required buffer a horizontal distance equal to the height of the sign. A ground sign may be erected within one foot of a street right-of-way only if the sign is certified by a registered architect or engineer to be able to withstand a one-hundred-mile-per-hour wind or if the height of the sign multiplied by the area of the sign does not exceed 100.
(6)
Construction. All ground signs, except in residential areas, must be protected from vehicular damage by a masonry curb or planter, if required and as approved by the Building Inspector.
B.
Facial sign: a sign painted on, applied on or otherwise attached to a wall of a building or storefront and is designed as a unified message.
(1)
Quantity. Only one facial sign is permitted per building in residence and general service districts but may be constructed in one or more parts, provided that it conveys one unified message. In business and industrial districts, only one facial sign (primary) is permitted on the face of the storefront or establishment. Where an establishment has additional exterior walls which are visible from the main thoroughfare, each such wall may have one facial sign (secondary), but not more than two such additional facial signs are permitted. Within the Business District (BD) only, where an establishment has additional exterior walls which are visible from any parking area, each such wall may have one facial sign (secondary), but not more than two such additional facial signs are permitted.
[Amended 9-15-2020; 5-14-2024]
(2)
Area. The area of a facial sign shall be the area of a rectangle, the sides of which completely enclose the sign or letters which are attached to the face of the building. The background area of a sign shall not be included in sign area limitation only when such background is an integral part of the design of the building. The area of a primary facial sign may not exceed the amount set forth in the Schedule of Sign Regulations. The area of a secondary facial sign may not exceed 50% of the area permitted for the primary sign, except that the area of each secondary sign may be increased in the amount that the area of the primary sign is decreased, but not in excess of the area permitted for the primary sign.
(3)
Height. The maximum height of a facial sign shall be as specified in the Schedule of Sign Regulations or as approved by the Planning Director and shall be measured vertically from the first-floor elevation of the building supporting the sign to the top of the sign.
(4)
Construction. In business districts, a facial sign may not project more than 18 inches from the wall to which it is attached; in all other districts, the projection may not exceed 12 inches. Exceptions:
[Amended 7-7-1992; 9-15-2020]
(5)
Illumination. Illumination of facial signs may be direct or indirect as specified in the Schedule of Sign Regulations and in accordance with § 68-400A.
(6)
Appearance. The shape, size and location of wall or facial signs shall be designed, constructed and maintained so as to fit into the architectural features of the building. Indirectly lit wood or metal letters, reverse lit channel letters, or individually lit channel letters are preferred.
[Added 8-25-1987; Amended 8-5-2014; 12-17-2019]
(a)
All wall or facial signs on a site, center, complex or on the same building shall be designed, constructed and maintained to be contextually compatible to each other and the surrounding environment with regard to design, size, shape, location, material, and illumination, Modifications of uniform design shall be subject to the approval of the Planning Commissioner or designee.
(b)
Wall or facial signs shall not obscure windows or ornamental features of the building.
(c)
Wall or facial signs shall be set in at least 18 inches from each end of the wall on which they are located.
(d)
Any new or replaced box and cabinet facial signs are prohibited as of the date of this subsection.
C.
Window sign: a sign entirely contained inside a building and which is comprehensible from the street. Such signs are permitted to allow for the notification of products on the premises, merchandise sales, rental or sale of the premises or special events to be held within the building containing the window sign. Window signs are subject to the area limitations as set forth in the Schedule of Sign Regulations.
D.
Awning sign: a sign painted on a retractable window awning which identifies only the name of the establishment. An awning sign may only have one row of letters not higher than 12 inches along the bottom edge of the awning.
E.
Canvas sign: a stationary sign constructed for fire-retardant canvas or similar material on a fire-retardant frame. Canvas signs shall conform to the requirements of facial signs with respect to quantity, area, height, construction and illumination.
[Added 8-25-1987 [2] ]
[2]
Editor's Note: This ordinance also provided that it shall be effective 9-13-1987.
[1]
Editor’s Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
§ 68-398 Schedule of Sign Regulations. [1]
[1]
Editor's Note: The Schedule of Sign Regulations has been included as an attachment to this chapter.
§ 68-399 Criteria for bonus sign area.
To encourage design excellence, the maximum sign areas for certain business, industrial, marquee and directory signs, as set forth in the Schedule of Sign Regulations,[1] 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.
Ground signs may be increased as follows:
(1)
Twenty percent when the sign is constructed of solid wood and uses only the colors approved by the Planning Director.
(2)
Ten percent when a directory sign utilizes uniform coloring and lettering for all establishments listed in the directory, except the one major facility.
(3)
Twenty percent when the sign is installed in a landscaped planter having an area four times the area of the resultant sign and the entire design is approved by the Building Inspector.
(4)
Ten percent if the sign is not designed or used with illumination.
(5)
Five percent if the sign face is made from unbreakable material.
B.
Facial signs may be increased as follows, but only if the projection of the sign does not exceed 12 inches:
(2)
Ten percent if the sign is not designed or used with illumination.
(3)
Ten percent if the facial sign is the only sign identifying the establishment or its principal product. This bonus provision is not applicable in BD and DDD Districts and for stores in a shopping center.
(4)
Ten percent if the sign is designed to contain only the identification of the establishment without advertisement of any products sold on the premises.
(5)
Five percent of the sign face is made from unbreakable material.
[1]
Editor’s Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
§ 68-400 Miscellaneous provisions.
A.
Illumination. Where illumination of signs is permitted, such illumination may only be between sundown and 10:00 p.m. or close of business, whichever is later. Illumination shall only be of an even intensity at all times and shall not use more than 15 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. Illumination may be direct (giving forth light from the interior of the sign through translucent material) or it may be indirect (when the light source is not visible from any adjoining property or street and is directed upon the sign) as specified in the Schedule of Sign Regulations.[1] All illuminated signs, except in residence districts, must be wired to a separate circuit, and, in addition, directly illuminated facial signs attached to combustible surfaces shall be approved by the New York Board of Fire Underwriters.
B.
Fire Island. On Fire Island, no sign may exceed one square foot in a BAA District, and no sign may exceed four square feet in a business or industrial district. Only one sign is permitted on any property, and no sign may be illuminated.
C.
All signs shall be maintained in a neat, safe and workable condition at all times.
D.
For fast-food restaurants, a single preview board, a maximum of 25 square feet in sign area and seven feet in height, and a single menu board per order lane, a maximum of 50 square feet in sign area and 10 feet in height, shall be permitted. These shall be in addition to other permitted signage and shall otherwise comply with all other provisions of the Sign Ordinance, including the requirement to obtain permits.
[Added 9-19-2017; amended 3-9-2021]
E.
Historic markers do not require a sign permit, but shall comply with the following:
[Added 3-14-2023]
(1)
Meet the design and construction standards set forth in NYS Code.
(2)
Obtain written approval from the Town Historian for the contents of the sign to ensure historical accuracy, validity, and proper spelling.
(3)
One sign per historical location, facility, or building.
(4)
These requirements refer only to ground signs as described in NYS Code. All other signage shall follow the appropriate provisions set forth in this article.
F.
Long Island MacArthur Airport (ISP). It is understood that certain signage is necessary on ISP property in order to facilitate the safe and proper movement of internal operations and aircraft at the facility. Signage which is not visible from any public right-of-way or residential property is not subject to the requirements in § 68-397. In no case shall a prohibited sign type as outlined in § 68-396 be erected unless the required variance(s) from the Zoning Board of Appeals is obtained.
[Added 3-14-2023]
§ 68-401 Removal of signs.
A.
Once a sign is removed for any reason, the replacement sign must comply with all the provisions of these regulations.
B.
Immediate removal. A sign and/or its supports shall be immediately removed from a premises upon notification and as directed by the Building Inspector for the following reasons:
C.
Nonconforming signs. All existing signs which do not conform to the requirements of these regulations, but which have valid permits issued by the Town of Islip, shall be nonconforming but shall be made to conform as follows:
(2)
Any sign which is prohibited under § 68-396I and any signs which are painted on walls or roofs shall be made to conform by December 31, 1981.
(3)
Any sign which is not illuminated and which is substantially made from one sheet or layer of material must be made to conform by December 31, 1982.
(5)
All other signs must be made to conform by December 31, 1988.
§ 68-402 Permits and fees.
A.
Permits are required for all signs except as otherwise indicated in the Schedule of Sign Regulations.[1] No sign shall hereafter be erected or altered or the content changed (except directory) until a permit authorizing the same is issued by the Building Inspector. Such permit shall be valid for the length of time set forth in the Schedule of Sign Regulations.
[Amended 3-3-1981]
B.
Prior to the issuance of a permit to erect a sign, a fee must be paid as established by the Commissioner of the Department of Planning and Development. If a permit is revoked by the Commissioner or his/her designee, for any reason, the applicant shall not be entitled to a refund of any fee paid in connection therewith.
[Amended 6-8-2010; 5-15-2018]
C.
A permit may be revoked by the Building Inspector for any of the following violations if the owner of the sign neglects to comply with the Building Inspector's directives to correct the violations:
(1)
If a sign constitutes a hazard to public health or safety.
(2)
If a sign has been altered in a manner which would require a new permit.
(3)
If illegal signs are erected or maintained on the same premises as a sign with a valid permit.
(4)
If a sign has been altered in a manner which wouldrender the sign prohibited.
§ 68-403 Penalties for offenses.
[Amended 3-3-1981; 5-15-2018]
For any and every violation of the provisions of this article, the owner or owners of the sign shall be held liable on conviction thereof for a fine or penalty of not less than $250 nor more than $500 for each and every offense. Each week of continued violation shall constitute a separate additional offense.
§ 68-403.1 Severability.
[Added 6-5-1990]
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable.