Muttontown City Zoning Code
ARTICLE VI
Signs, Fences and Trailers
§ 190-27 Signs.
[Amended 9-11-1989 by L.L. No. 2-1989; 4-14-2009 by L.L. No. 3-2009]
No sign shall be hereafter erected or maintained on a building or premises in any residence district except as specifically permitted herein. Signs existing on the effective date of this article for which a permit was duly issued, that are in conflict with the requirements of this chapter shall be brought into compliance on or before the earlier of the expiration of three months from the effective date of this section, or the expiration of the respective permit.
A.
Residence Districts A and E. In Residence Districts A and E, signs may be erected for the following purposes and for no other. Any sign erected or maintained shall be subject to all of the conditions and provisions set forth in this article.
(1)
No sign shall be erected within the Village except as allowed by this chapter without first obtaining a permit from the Building Department and paying the required fee for such permit, except for residential nameplates, street number signs, "Beware" or "Caution" signs, none of which shall exceed one square foot in area.
(2)
One real estate sign shall be permitted on each premises or parcel of land within the Village that is for sale or lease, provided that a permit for such sign is first obtained, as provided herein. Any such sign shall be rectangular in shape. No such sign shall exceed one foot in height or two feet in width. Any such sign shall advertise only the sale or lease of property upon which the sign is located. Each such sign shall have a white background with black letters or numerals only, and shall be limited to writing that states "For Sale" or "For Lease" together with the word "Realtor" or "Owner," provided that the homeowner has contracted with a licensed real estate broker to broker the sale or lease of the premises or parcel, and may include the telephone number of the party seeking to sell or lease the residence or the realtor. No other words, including, but not limited to, "In Contract" or "Sold" shall be permitted; and no symbols, numerals, images, names, colors, designs or borders shall be permitted.
(3)
Any permitted real estate sign shall be mounted perpendicular to the street, on a white post located within the lot line boundaries of the subject property for sale or lease, and shall be at least 15 feet from any roadway, curb or driveway. The top of any permitted real estate sign shall be no higher than six feet from grade. No ancillary or additional signs shall be attached to any real estate sign, or to any post to which any real estate sign is affixed, except for an approved "Open House" sign, nor shall any balloons, bows, ribbons or other adornments be attached in any way to any real estate sign or any post to which it is attached, nor shall any real estate sign be artificially illuminated.
(4)
No real estate sign shall be placed on any premises or parcel of land unless there is filed with the Building Department a written consent by the property owner. The consent shall set forth the name of the owner, the address and Tax Map number of the property, the name of any authorized real estate broker and the length of time the consent shall be effective. The consent shall further provide that Village personnel are authorized to enter upon the premises or parcel of land for the purpose of removing the real estate sign if it remains past the expiration of the approved permit, or otherwise fails to comply with the requirements of this chapter.
(5)
Real estate sign permits issued by the Village shall expire after a term of 90 days. All permitted real estate signs shall be removed upon the earlier of expiration or revocation of the permit by the Village, revocation of the owner's consent, closing of title, or execution of a lease for the premises or parcel of land.
(6)
One sign announcing a bona fide open house may be displayed by temporary attachment to the bottom of a real estate sign for which a permit has been obtained. The surface area shall not be greater than two feet wide by six inches in height and contain only the words "Open House." An "Open House" sign may only be displayed during the limited hours of a bona fide open house, but in no event longer than six hours.
(7)
All real estate signs shall be properly secured, supported and braced so as to make them safe and shall be kept in perfect structural condition and clean and well painted.
(8)
No sign directing traffic to an open house shall be posted within the Village except as may be approved by the Village pursuant to a permit, or obtained from the Village pursuant to a permit and upon the posting of a cash deposit in an amount to be determined by resolution of the Board of Trustees. Such directional signs shall be placed at locations approved by the Building Department. No directional sign shall be placed on any privately owned premises or parcel of land unless there is filed with the Building Department a written consent by the property owner. The consent shall set forth the name of the owner, the address and Tax Map number of the property, and the name of any authorized real estate broker. The consent shall further provide that Village personnel are authorized to enter upon the premises or parcel of land for the purpose of removing the directional sign if it remains past the expiration of the approved permit, or otherwise fails to comply with the requirements of this chapter. Directional signs may only be displayed during the limited hours of a bona fide open house, but in no event longer than six hours.
(9)
Noncompliance with any provision of this chapter shall be grounds for revocation of any permit issued pursuant hereto.
B.
Construction and maintenance of sign. All signs shall be properly secured, supported and braced so as to make them safe and shall be kept in perfect structural condition and clean and well painted.
§ 190-28 Fences, walls and hedges.
[Amended 10-20-2003 by L.L. No. 6-2003]
A.
No fence, wall or structure in the nature of a fence shall be hereafter erected, constructed or maintained on any premises without a building permit. For the purpose of this subsection, a fence shall include, but not be limited to, a wall, pier or other structure constructed in the nature of a fence. A fence shall not exceed 6 1/2 feet in height with its gate height not to exceed two feet above the fence height, measured from the curb level or existing natural grade, whichever is higher, unless otherwise permitted by the Zoning Board of Appeals upon application. A fence shall be of the material and design compatible with the surrounding adjoining properties, installed with the finished side facing out towards the property boundary lines, with post and rails having the same color. Whenever possible, fence posts shall be constructed on the interior side of the fence unless the fence has two finished sides or is a post and rail style. The Building Inspector may require that an applicant for a fence permit submit a current property survey, an affidavit of the owner that the fence will be installed on his property, and evidence that the applicant has notified all adjacent landowners by certified mail, return receipt requested, of the permit application.
B.
On any corner lot, no wall, fence or other similar structure shall be erected and no hedge, tree, shrub or other growth shall be maintained in such location as to cause danger to traffic by obstructing the view.
§ 190-29 Trailers, campers, motor homes, mobile homes and boats.
No automobile trailer, camper, motor home or mobile home designed to be used for human habitation or boat shall be used, stored or parked in any residence district unless such trailer, camper, motor home, mobile home or boat is stored or parked so that it is not visible from the street or adjacent properties and provided that in no case shall such trailer, camper, motor home or mobile home be placed in use.
§ 190-30 When effective.
The provisions of this article shall take effect immediately as to signs hereafter erected and as to existing signs, except that the owner, lessee or occupant of premises on which a sign is located on the effective date of this chapter shall not be deemed to be in violation of § 190-17 of this chapter if he shall have secured a permit on or before January 1, 1951.