Oyster Bay Cove City Zoning Code
ARTICLE V
Signs
[Amended 10-20-1992 by L.L. No. 1-1992; 10-19-1999 by L.L. No. 3-1999; 10-19-1999 by L.L. No. 4-1999; 10-5-2005 by L.L. No. 3-2005; 10-5-2005 by L.L. No. 7-2005; 10-18-2005 by L.L. No. 8-2005]
[1]
Editor's Note: The provisions of original Art. VII, Signs, Billboards, Fences and Trailers, of the 1932 Zoning Ordinance have been repealed/replaced by various amendments. In addition to this current Art. V, Signs, see also § 320-57, Fences, of this chapter, and Ch. 223, Parking in Residential Districts, and Ch. 254, Recreational Vehicles, of the Code of the Village of Oyster Bay Cove.
§ 320-19 Purpose.
A.
The Board of Trustees of the Incorporated Village of Oyster Bay Cove finds that the prevalence of commercial 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, comfort 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 if not properly regulated, real estate have the potential to have an undesirable impact on the health, safety, comfort and general welfare of the Village and its residents.
D.
The Board of Trustees further finds that the advertising of 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.
E.
Therefore, the Board of Trustees declares it to be the policy of the Village of Oyster Bay Cove to limit and restrict the construction, placement, use and maintenance of commercial signs within the Village, as provided in this article.
§ 320-20 Definitions.
The following words, as used in this article, shall have the indicated meaning:
COMMERCIAL
The imparting of any information that relates to the existence, performance, use, goods or services of any person or entity, except that it shall not include information consisting or the name and identifying information of any resident of property upon which the sign is located, or of any person lawfully engaged in the permitted professional use of a home office on the property where the sign is located.
REAL ESTATE SIGN
Any sign, or any physical object, the purpose or effect of which is to solicit or advertise a transaction relating to realty, or a person or entity engaged in, or seeking to be engaged in, transactions involving realty.
SIGN
Any thing or device that includes letters, numeral, pictorials, designs, logos or other visual messages, whether constant or intermittent or moving, which can be observed by the general public from any road, public or private, regardless of whether the sign is freestanding, affixed to a post or other device or structure, or placed within a premises but observable through a window.
§ 320-21 Prohibited and permitted signs.
A.
Except as provided otherwise in this article, no commercial sign shall be permitted within the Village.
B.
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 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 line boundaries of the subject property for sale, and shall be at least 15 feet distant 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 the said real estate sign or any post to which it is attached, nor shall the said real estate sign by artificially illuminated in any manner.
C.
Sign permit. The Village Clerk 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 Clerk may issue no more than one successive renewal of any permit issued pursuant to this article, each such renewal to be effective for a period of 90 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 record owner of the premises, the application shall include a signed and notarized authorization from each record owner.
(6)
Any person aggrieved by a determination of the Village Clerk made pursuant to this article may appeal to the 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 that an appeal is filed by a 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 35 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 a sign permit shall be fixed or amended, from time to time, by resolution of the Board of Trustees. Until such time as the Board of Trustees has established any other or different fee for a sign permit, the fee for a sign permit application shall be $200, and the fee for renewal thereof shall be $100. Such required fee shall be paid to the Village Clerk at the time of submitting the application.
(9)
Any permit issued pursuant to this article shall terminate and expire upon the execution of a contract of sale, the termination of a listing agreement with a real estate broker, or upon the expiration of the permit, whichever occurs earliest. The sign must be removed within 24 hours after termination or expiration of the permit.
§ 320-22 Signs allowed without a permit.
A.
Name signs: No more than two signs may be erected or maintained on any premises to identify the name of the premises or the owner or occupant of the property, and/or the street number address of the property, and/or that the premises are private property. No such sign shall have a surface area larger than two square feet. No such sign shall be artificially illuminated.
B.
Noncommercial signs: No more than one sign may be erected or maintained on any property reflecting or representing bona fide charitable or political causes. No such sign shall have a surface area larger than two square feet, and any such sign shall be located at least 15 feet from each property boundary. No such sign shall be artificially illuminated.
C.
Development signs: Signs which indicate the name of a housing development, subdivision or partition which exists on the effective date of this article may be maintained or continued. No other such signs shall be permitted.
D.
Private street signs: Private street signs which exist on the effective date of this article may be maintained or continued. Any other private street signs shall be either black with white lettering or white with black lettering, and shall be rectangular in shape, with a surface area no larger than two square feet. No private street sign shall be artificially illuminated.
E.
Open house signs: one sign announcing a bona fide “open house” shall be permitted as follows:
[Added 7-17-2007 by L.L. No. 7-2007]
(1)
The sign shall be displayed by temporary attachment to the bottom of the real estate sign for which a permit has been obtained.
(2)
Surface area shall not be greater than two feet wide by six inches in height and contain only the words "Open House."
(3)
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.
(4)
No open house sign shall be placed on property other than that of the seller.
§ 320-23 Regulations applicable to all signs.
A.
No sign shall be affixed in any manner to a tree, bush or other flora.
B.
Notwithstanding anything to the contrary in this article, no sign shall include or consist of colors, whether in foreground, background or otherwise, in a florescent-type, neon-type, or overly bright hue.
§ 320-24 Penalties for offenses.
[Amended 11-15-2005 by L.L. No. 9-2005]
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 the penalties provided by law for violations of the Village Code in Chapter 1, Article III, General Penalty.
§ 320-24.1 Presumption regarding placement.
[Added 7-17-2007 by L.L. No. 7-2007]
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.