Lattingtown City Zoning Code
ARTICLE VII
Signs
§ 315-33 Purpose.
A.
The Board of Trustees of the Incorporated Village of Lattingtown finds that the prevalence of signs, including signs advertising real estate for sale or let, has marred the character and appearance of the Village, reduced property values, become a danger and distraction to persons using public highways, and has a negative and undesirable impact on the health, safety, and general welfare of the Village and its residents.
B.
The Board of Trustees further finds that signs advertising real estate are distinguishable from other commercial signs in that they relate directly to the property of residents in the Village, thereby having a greater reason for placement within the Village than other types of commercial signs.
C.
The Board of Trustees further finds that the advertising of a premises for rent suggests that premises are vacant, and hence attracts persons with criminal intent to the Village, thereby jeopardizing the health, safety, and general welfare of residents.
D.
Therefore, the Board of Trustees declares it to be the policy of the Village of Lattingtown to limit and restrict the construction, placement, use, and maintenance of signs within the Village, as provided in this article.
§ 315-34 Prohibited and permitted signs.
A.
Notwithstanding the provisions of this section to the contrary, one real estate sign shall be permitted on each premises or parcel of land within the Village that is for sale, provided that a permit for such sign is first obtained, as provided herein. Any such sign shall be rectangular in shape. No such sign may be larger than one foot high and two feet wide. Any such sign may advertise only the sale of the property upon which the sign is located. Each such sign shall have a white background with black letter or numerals only, and shall be limited to writing that states: "For Sale," together with the word "Realtor," provided that the homeowner has contracted with a licensed real estate broker to broker the sale of the premises or parcel, and may include the telephone number of the party seeking to sell the residence or the realtor. No other words, symbols, numerals, images, names, colors, designs or borders shall be permitted. Said real estate sign shall be located within the lot boundaries of the subject property for sale, and shall be at least 15 feet from any roadway, curb, driveway, or property line. The top of any authorized real estate sign shall be no higher than six feet from grade. No ancillary or additional signs may be attached to said real estate sign, or to any post to which said real estate sign is affixed, nor shall any balloons, bows, ribbons, or other adornments be attached in any way to said real estate sign or any post to which it is attached, nor shall said real estate sign be artificially illuminated in any manner.
B.
Sign permit. The Village Building Inspector shall issue a permit for any sign authorized by this article, upon submission of a completed application and payment of any applicable fees.
(1)
Any such permit shall be effective for a period of 120 days from the date of issuance.
(2)
Upon written application and payment of any applicable fee, the Village Building Inspector may issue no more than one successive renewal of any permit issued pursuant to this article, such renewal to be effective for a period of 120 days.
(3)
If the sign for which the application is made does not conform to the provisions of this article, the permit or renewal application shall be denied.
(4)
Each application for a sign permit shall include a survey of the property, showing the specific location whereat the sign is sought to be placed, and shall include a facsimile of the sign in full size. The applicant shall also mark the proposed sign location at the premises or parcel where the sign is to be placed by placing a flag at such location.
(5)
If a sign permit application is made by any person or entity other than the recorded owner of the premises, the application shall include a signed and notarized authorization from each recorded owner.
(6)
Any person aggrieved by a determination of the Village Building Inspector made pursuant to this article may appeal to the Village Board of Zoning Appeals ("Board of Appeals") by filing such appeal in writing within 15 days after the date of such determination, or within 10 days after the erection of the sign, whichever is later. In the event such an appeal is made by a person other than the applicant for the permit, the filing of an appeal shall stay the effect and operation of the permit pending determination of the appeal by the Board of Appeals. In the event an appeal is filed by any person other than the applicant for the permit, the Village Clerk shall give written notice to the permit holder, including a copy of the appeal, at least five days prior to the date on which the Board of Appeals will consider such appeal. The Board of Appeals shall hear and determine any such appeal within 30 days after the filing of the appeal.
(7)
No sign for which a permit is issued shall be altered, modified, moved, or changed in any manner such that the sign does not conform to the sign for which the application was made and approved, without an approved amendment to the permit. Such amendment may be approved upon written application, containing the same information as required for an initial application.
(8)
The fee for the sign permit and its renewal thereof shall be fixed or amended, from time to time, by resolution of the Board of Trustees.
(9)
Any permit issued pursuant to this article shall terminate and expire on the execution of a contract of sale, the termination of a listing agreement with the real estate broker, or upon the expiration of the permit, whichever occurs earliest. The sign must be removed within 24 hours after the termination or expiration of the permit.
§ 315-35 "Open House" signs.
One sign announcing a bona fide open house shall be permitted as follows:
A.
The sign shall be displayed by temporary attachment to the bottom of the real estate sign for which a permit has been obtained.
B.
Surface area shall not be greater than two feet wide by six inches in height and contain only the words "Open House."
C.
An "Open House" sign may only be displayed during the limited hours of the bona fide open house, but in no event longer than six hours.
D.
No "Open House" sign shall be placed on property other than that of the seller.
§ 315-36 Regulations applicable to all signs.
§ 315-37 Penalties for offenses.
Any person who erects or maintains a sign in violation of the provisions of this article, or who owns property on which any sign is erected or maintained in violation of the provisions of this article, shall be guilty of a violation and shall be subject to a fine not to exceed $500.
§ 315-38 Presumption regarding placement.
Where the matter included on a sign consists of a commercial advertisement, it shall be presumed that the vendor of the specified product, service, or entertainment is a person or entity who placed such sign or caused it to be placed upon the property.