Patchogue City Zoning Code
ARTICLE VII
Commercial Exterior Facades, Signage and Illumination
§ 435-41 Legislative intent.
A.
The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs, outdoor signs of all types, interior signs, facade designs and lighting of facades, lighting for signage or commercial properties in general and any signs or illumination placed within four feet of the viewable space of an exterior window. A further purpose of this article is to protect property values, create a more attractive economic and business climate, and enhance and protect the physical appearance of the community. It is further intended to reduce sign clutter and/or advertising distractions and obstructions that may contribute to traffic accidents, and to reduce hazards that may be caused by signs or excess illumination overhanging or projecting over public rights-of-way.
B.
The provisions of this article shall govern the design, construction, erection, alteration, repair and maintenance of all signs as well as the use of appurtenant and auxiliary devices that affect facade appearance, property appearance, and exterior illumination.
§ 435-42 Definitions.
[Amended 5-29-2012 by L.L. No. 2-2012; 6-22-2020 by L.L. No. 7-2020]
As used in this article, the following words and phrases shall have the following meanings:
Any sign related to a business or profession conducted upon or from the premises where such sign is located.
Any sign which is designed and constructed to give its message through a sequence of progressive changes of parts (including sequins or similar devices) or lights or degree of reflection of lighting, excluding time and temperature signs.
Any person or entity who is making application for a permit under this article.
A roof-like retractable or permanent covering of cloth or other material with or without a frame and attached to or supported by a building.
A piece of fabric or cloth that may be hung for the purpose of advertising or announcement.
A sign bearing a message unrelated to the business or the commercial entity on which it is located or bearing a noncommercial message to serve as a message for an owner who does not conduct business at the location of said sign.
A sign indicating a directory of businesses within a complex, mall or office building.
Any use of lighting on the exterior of a storefront or business or commercial building or property.
Any sign located upon or in front of or visible from the exterior of a storefront, business or commercial building or property.
Any window easily viewed from the exterior of a storefront or business or commercial building or property.
The decoration, architectural design, or the outward appearance, of a storefront or business or commercial building or property.
A sign supported by uprights or braces itself in or upon the ground and not attached to any part of a building.
Any sign located on the inside of a window or within four feet of the inside of an exterior window or other opening in a building or other enclosed structure which is visible from the exterior through such a window or other opening to attract the attention of the public. This term does not include merchandise located within a window.
A sign exceeding six square feet with changeable copy.
A cylindrical body of metal, glass, or other material, containing neon or similar gases used for illuminating the borders of windows, doors, or facades.
Any sign or display of lighting or decoration that uses neon or similar gases for illumination.
Any sign or display of lighting or decoration that uses glass, plastic or other tubing or lighted raceways containing LED or LCD components that imitate the look of neon or florescent signs.
Any person or entity of any kind.
Any freestanding sign supported by a single pole without guy wires, braces or other supporting framework.
Any sign that indicates the name, cause or affiliation of any person seeking public office or that indicates an issue for which a public election has been scheduled.
A sign designed to project beyond any face of a building and/or perpendicular to the face of the building.
A sign that is erected, constructed or maintained on, above, or as a part of any building.
Any display, whether constructed or otherwise, which is attached to any structure or part thereof, or is painted or represented thereon, that displays any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement, or which can be reasonably determined to be a sign as the term is used in common parlance and understanding. Excluded from this definition is any flag, pennant or insignia of any nation, state, or other governmental unit.
Any flat sign that is made of wood, fiberglass, metal or other traditional architectural material that does not have illumination as a part of its construction, and which represents a business, store or commercial entity.
The decoration intended to attract to, or entertain customers at, any exterior window.
§ 435-43 Permit application, compliance and fees.
[Amended 3-9-2009 by L.L. No. 7-2009; 5-29-2012 by L.L. No. 2-2012; 10-22-2012 by L.L. No. 10-2012; 8-28-2017 by L.L. No. 3-2017; 6-8-2020 by L.L. No. 5-2020]
A.
No person shall:
(1)
Erect, alter, paint with a new message, redesign, relocate or reconstruct any sign without first obtaining a permit from the Building and Housing Department.
(2)
Erect, alter, redesign, relocate or reconstruct any illuminating device on a building, storefront or commercial property within four feet of any exterior window without first obtaining a permit from the Building and Housing Department.
(3)
Design, redesign, alter, rearrange or construct any part of a building, storefront or commercial property facade without first obtaining a permit from the Building and Housing Department.
(4)
Design, redesign, erect, alter, rearrange or construct any awning without first obtaining a permit from the Building and Housing Department.
B.
A permit is not required for maintenance, repair, repainting or like-kind replacement of any sign, illuminating device or facade of or upon any building, storefront or commercial property.
C.
Permit application. Application for any permit under this article shall be made upon such form or forms as are required by the Building and Housing Department. The applicant shall supply nine copies of to-scale drawings or plans, which shall include dimensions and colors. A letter of consent from the owner of the property shall be supplied with nine copies of a survey of the property upon which the sign shall be erected, and showing the location of the sign.
D.
Any sign, structure or portion thereof which no longer advertises an existing business or product available for purchase from the property shall be removed by the property owner within 60 days of the close of the business, or within 30 days of notification by the Building and Housing Department. The failure of a property owner to remove the sign after notification pursuant to this section shall constitute a violation of the Village Code and shall be subject to the penalties set forth in § 435-6 of this chapter.
E.
All fees for a permit under this article shall be set by resolution of the Village Board.
F.
Enforcement. The Building Inspector or other appointed official or employee of the Village shall enforce the provisions of this article. Any sign, lighting or facade shall be removed or made safe by the property owner, at the direction of the Village, for the following reasons:
(1)
The sign, lighting device or structural facade part or parts are deemed by the Building Inspector to be dangerous, unsafe or in a state of severe deterioration.
(2)
The business, commercial entity or occupant of the property no longer conducts business in or upon the property, and has abandoned the service, occupation or production of items for sale at the site for a period of more than 60 days.
(3)
The business, commercial entity or occupant of said property installs any sign, lighting device or facade without first obtaining a permit under this article, or does so in a manner inconsistent with any permit obtained under this article.
G.
All signs, lighting and facades must be kept in a good state of repair and neatly painted or finished. Signs, lighting and facades must be maintained in a good state of repair at all times.
H.
Construction standards. Signs, lighting devices and awnings shall be securely mounted and in accordance with applicable building codes. Signs shall not protrude above rooflines unless authorized by special permit of the Planning Board. New electrical installations and like-kind repair or replacement of existing electrical installations which affect signs, lighting devices or facades shall require certification by an electrical underwriter, and such certificate shall be filed with the Building and Housing Department. The following standards shall also apply to the construction or placement of signs, lighting devices, and awnings.
(1)
Awning height and safety. No permit shall be granted by the Building and Housing Department unless the following minimum standards are met:
(a)
The lowest part of any such canopy or awning or any support thereof extending over any public way shall be at least eight feet above the level of the public way over which it extends; if such public way is used by vehicles, the lowest part of any such canopy or awning or any support thereof which extends over such public way used by vehicles shall be at least 15 feet over the level of such public way.
(b)
The awning may not unreasonably obstruct the view of traffic signs and signals, or in any way endanger the safety of motorists and pedestrians.
(c)
No sign shall project from an awning.
(d)
Awning graphics may be painted or affixed flat to the surface of the front or side valance and shall indicate only the name of the enterprise or premises. No description of products or services, telephone numbers or the like are permitted.
(2)
Neon signage/window border lighting.
[Amended 6-22-2020 by L.L. No. 7-2020]
(a)
Neon border tubing and border lighting of any kind are prohibited for use on windows, doors, facades, or within four feet of the border of any exterior window. Border lighting shall include light-emitting diode (LED) lighting.
(b)
With the exception of signs advertising alcoholic beverages and "open/closed" signs, neon and neon-like signs are prohibited.
(c)
Neon and neon-like signs advertising alcoholic beverages are not permitted in windows, facades, or within four feet of an exterior window.
(d)
"Open/closed" neon signs must be of appropriate size to the windows and must be shut off when the business is closed.
(3)
Projecting signs.
(a)
Projecting signs shall be at least eight feet above the level of the public way and may not unreasonably obstruct the view of traffic signs and signals, or in any way endanger the safety of motorists and pedestrians.
(b)
No wall sign shall project above the highest point of the building wall on the same side of the building as the sign; this shall include marquee signs and any other signs not affixed directly to such wall.
(4)
Banners, flags, posters, flyers, and interior signs.
(a)
Banners, flags, posters, flyers, and interior signs may not be affixed to a facade, door, or the exterior of a window, and when affixed to the interior of a window, may not cover more than 25% of the window's surface area.
(b)
Posters, flyers, and interior signs affixed to the interior of a window may not be handwritten.
(c)
Posters, flyers, and interior signs affixed to the interior of a window for the purpose of advertising a particular event must be removed after the event occurs.
(d)
"Grand opening" or liquidation banners may only be displayed for 60 days.
(e)
Flag banners and flags over five feet tall are not permitted.
(f)
Signboards/sandwich boards must be reasonable in size, shape and design. The boards shall not obstruct the reasonable use of the sidewalk or egress from parked vehicles and must be removed and brought in at the nightly closing of the business. Displays shall be limited to one board per establishment.
(5)
Marquee signs.
(a)
In addition to permitted wall signs, marquee signs with changeable copy shall be allowed only at theaters or other places of public assembly, except bars, taverns or restaurants in the D-1, D-2 and D-3 Business Districts.
(b)
Such changeable copy signs may cover no more than one square foot of sign area for each linear foot of building frontage. Other nonchangeable copy signs may be attached to or mounted on top of a marquee. Flashing signs and moving signs shall not be permitted except emergency warning signals.
(c)
No portion of a marquee sign shall extend beyond either end of the hood, canopy, marquee or projecting roof structure to which it is attached.
I.
Review and appeal. Any person aggrieved by a decision of the Planning Board may seek relief before the Zoning Board of Appeals by filing an application for review by the ZBA within 30 days of the date of the decision of the ARB to be reviewed.
J.
Violations and penalties. Any violation of the provisions of this article shall constitute an offense and shall be subject to the penalties set forth in § 435-6 of this chapter. A violation that exists for more than seven days shall constitute a new violation, and a violation existing for each successive seven-day period shall constitute a new violation, each without the need for issuance of additional process.
§ 435-44 Signs, illumination and facades.
[Amended 6-8-2020 by L.L. No. 5-2020]
A.
The Building Inspector shall refer, and the Planning Board shall review, all applications for signs, illumination, awnings and facades in accordance with the provisions of this article.
B.
Nonconforming uses. Any sign or lighting device existing prior to the date of adoption of this article that does not meet the criteria herein defined shall be considered nonconforming. Upon the discontinuance of use of the business, storefront or commercial property, or upon the relocation or sale of the business, storefront or commercial property to a new owner, or upon the renovation, redesign or reinstallation, or improvement of a sign, lighting device or facade, such sign, device or facade shall be subject to the permit provisions of this article and such nonconforming use shall cease.
C.
Awnings. Awnings shall be retractable in construction or of the stationary shed type.
D.
Facades. Any design, redesign or removal of a structure, masonry change, painting or other modification to be performed on any building, storefront or business property shall first receive approval from the Planning Board.
E.
Window lettering. Window lettering, such as hand painted, computer generated or vinyl "stick-on" to be placed within exterior windows shall require approval of the Planning Board.
F.
Window displays. The stacking or storage of goods, wares, supplies or bulk items within any exterior window is prohibited. Individual products may be used as part of a window display as a decorative attraction to customers.
G.
A permit is required for business, commercial properties or storefronts wishing to display special flags and banners other than those described in this article.
§ 435-45 National chain stores or businesses.
[Amended 6-8-2020 by L.L. No. 5-2020]
The Planning Board may give consideration to the use of national brand name themes, facades and signs within any district.
§ 435-46 Signs not requiring permits.
The following signs are permitted in any use district without need of a permit, unless otherwise stated:
A.
"For Sale" or "For Rent" signs: One "For Sale" or "For Rent" sign, not larger than six square feet in area, advertising only the property upon which it is located shall be allowed. All such signs shall be set back from any street or curbline not less than 10 feet in any residential district. Such signs shall be set back from any street or curbline not less than 30 feet in a commercial or business district that does not have a storefront or facade within such setback, and where a storefront or facade does exist within the setback, any sign shall be affixed in the interior of such storefront or facade.
B.
Subdivision and acreage signs: for each parcel of property, not more than two signs, each not larger than 24 square feet in area, advertising only the premises on which it is erected. All such signs shall be set back from any street or curbline not less than 30 feet in any residential district.
C.
Political signs: All political signs shall be not larger than 16 square feet in area and shall not remain on-site for more than 15 days after the election to which the sign relates.
D.
Historical markers, tablets, statues, memorial signs, plaques, names of buildings and dates of erection when cut into masonry or stone or engraved or molded in bronze, stainless steel or similar material.
E.
Flags and insignias of any government, affiliation or organization except when displayed in connection with a commercial promotion and excepting "Grand Opening" banners which may be displayed for a period of no longer than 120 days.
F.
On-premises directional signs for the convenience of the general public, entrance, exit and safety signs, not exceeding four square feet in area.
G.
Warning, private drive, posted or no trespassing signs not exceeding two square feet in area.
H.
One on-premises sign, either freestanding or attached, identifying a professional office, not exceeding four square feet in area, within any residential zone. All such signs shall be set back from any street or curbline not less than 10 feet.
I.
Number and house plates identifying residences which are mounted on the home, apartment or mailbox, or by lawn plate and which do not exceed two square feet in area.
J.
Garage sale signs when erected on private residences and which do not exceed four square feet in size and which are limited to a display period not to exceed four days.
K.
One sign on any premises not to exceed eight square feet in area within the residential district and 16 square feet in area within any other district listing the architect or contractor that is in the process of renovating, constructing or otherwise modifying any structure.
L.
Industry standard price signs and display signs on gasoline pumps and/or under or attached to main business signs.
M.
Holiday decorations which shall be limited to a period of not more than 60 days prior to the holiday, and which shall be removed within 30 days of the passage of the holiday.
N.
Time and temperature signs with no advertising attached which do not exceed 12 square feet in area per side.
O.
Open, closed or hours of operation signs not exceeding three square feet in area, which may be posted on the interior of any exterior window or door.
P.
Barber poles that do not exceed eight feet in height.
Q.
Bulletin boards not exceeding 32 square feet in area.
§ 435-46.1 Signs requiring permits.
[Added 5-26-2009 by L.L. No. 16-2009]
The following signs are allowable upon issuance of a sign permit by the Building Inspector:
A.
Professional signs: one sign, not larger than two square feet in area, bearing only the name and profession of the resident practitioner, with not less than a five-foot front yard setback.
B.
Detached or ground signs: in business and industrial districts only, one sign, not larger than 30 square feet and not exceeding nine feet in height, advertising only the business conducted on the premises on which erected and only when detached from any building or structure, with not less than a twenty-foot front yard setback; provided, however, that if the average front setback of existing buildings on the same side of the street within the same block is less than 10 feet, then not less than the average setback so established.
C.
Wall signs: in business and industrial districts only, one sign attached to or incorporated in each building wall on a public street and advertising only the business conducted in such building, when such sign does not:
D.
Roof signs: in business and industrial districts only, one sign attached to the roof, facing on a public street and advertising only the business conducted in such building, when such sign does not:
§ 435-47 Permit fees.
[Amended 3-9-2009 by L.L. No. 7-2009]
No sign for which a permit is required shall be erected unless and until payment is made of a fee in an amount as shall be set from time to time by resolution of the Board of Trustees[1] per square foot of sign area. Such signs shall at all times bear the permit number prominently and permanently affixed on the face thereof. Failure to so affix the permit number shall constitute cause for revocation of the permit by the Building Inspector in addition to any other penalties or remedies prescribed by this chapter.
[1]
Editor's Note: The current Fee Schedule is on file in the office of the Village Clerk.