Roslyn City Zoning Code
ARTICLE V
Signs
§ 470-36 Purpose; definitions; legal notices.
A.
Purpose. The purpose of this article is to establish reasonable regulations for all signs in the Village of Roslyn in order to:
(1)
Perpetuate the character and historic appearance of the Village;
(2)
Further the objectives of the Village Comprehensive Plan;
(3)
Protect the value of property in the Village;
(4)
Protect the health, safety and general welfare;
(5)
Protect the essential character of residential neighborhoods and nonresidential areas of the Village;
(6)
Facilitate the creation of an attractive and harmonious community; and
(7)
Reduce traffic hazards.
B. PERSON SIGN SIGN, BILLBOARD SIGN, DIRECTIONAL SIGN, INFORMATIONAL SIGN PERMIT SIGN, REAL ESTATE OR CONSTRUCTION SIGN, TEMPORARY
Definitions. As used in this article, the following terms shall have the meanings indicated, unless the context otherwise indicates:
Includes any person, firm, partnership, association, corporation, company or organization of any kind.
That portion of any building or structure or any billboard, signboard, sandwich board, banner, pennant or other temporary or permanent object, shape, device, image or merchandise displayed or used as advertisement, announcement or direction and all text, symbols, shapes, lights, marks, letters or figures affixed thereto, painted thereon or incorporated therein. Signs inside of windows which advertise temporary prices, sales and the like and which are not permanently affixed shall be deemed not to be included in this definition. Any motor vehicles habitually parked so that markings, signboards, merchandise, images, etc., positioned thereon or located therein as business advertising may be viewed from an adjacent street or highway shall be deemed to constitute a sign. Any vending machine located on premises occupied by a business shall not be deemed a sign, provided that the same is not illuminated. Illuminated machines shall be deemed signs.
A sign directing attention to a business, commodity, service, event, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is sited or only incidentally sold, offered or existing upon such lot.
An on-premises sign displaying the direction and/or distance to a business or realty project.
A sign displaying the location of, or the direction to, features on the business lot on which the sign is located or marking on-site parking areas, traffic circulation patterns or the like. No sign containing a directory of on-site businesses, nor any other business sign, shall be considered an informational sign.
A type of building permit issued by the Building Inspector and authorizing the erection, construction, reconstruction, alteration or moving of a sign.
A type of temporary sign advertising the availability for sale or rental of a realty subdivision, a parcel of land or a lot or improvements thereto during the period of such availability but in no case for a period of more than 90 days. A sign indicating that a property, lot or dwelling has been sold shall constitute an off-premises billboard advertising the person, business or agency responsible for the sign and shall not constitute a temporary real estate sign included in this definition.
A sign which directs attention to an activity or event on the lot on which the sign is located immediately prior to and/or during the pendency of such event and which is removed immediately upon the conclusion of the same.
C.
Legal notices. These regulations shall not apply to signs placed on any property to provide legal notice to the public where such notice and such sign are required by the terms of any law, ordinance, governmental regulation, court decree or administrative order. However, in the case of gasoline price signs and other similar external signs required by law to be posted by certain businesses or special permit uses, any characteristic of the sign, such as maximum size, color, exact on-site location, etc., not specifically determined by the law requiring the sign shall be subject to site plan and/or architectural and design approval in the same manner as any other sign on the property.
§ 470-37 Signs in residential districts.
No sign shall be displayed in any R District, other than by a governmental authority, except as follows:
B.
Garage and/or tag sale signs.
C.
One sign, which shall not exceed two square feet in area, displaying not more than the name and street number of the occupant of the premises and, in the case of a permitted office, studio or occupational room, the identification thereof. Such sign shall not be placed within a distance of three feet from any street or property line, and all freestanding signs shall not exceed four feet in height above ground level.
D.
One sign or bulletin board, not exceeding eight square feet in area, on church, institutional or school property, giving the identification thereof or advertising the activities thereof, or both. Such sign shall not be placed within a distance of 10 feet from any street or property line and shall not exceed six feet in height above ground level.
E.
One sign, which shall not exceed one square foot in area, indicating that the premises is protected by a security company. Such sign shall not be placed within a distance of 10 feet from any property line nor nearer to any street line than the minimum setback therefrom as prescribed by this chapter and shall not exceed two feet in height above ground level. Signs on windows, not exceeding 36 square inches, indicating that the premises is protected by a security company shall be exempt from the provisions of this section.
§ 470-38 Temporary signs in residential districts.
A.
Permit required.
(1)
No person shall erect or maintain a temporary sign within an R District without a permit duly issued therefor by the Building Inspector.
(2)
The Building Inspector shall require that an application for a permit be made which shall include the name, address and telephone number of the applicant, the size of the sign, the color, the proposed wording on the sign and the proposed location of the sign.
(3)
The Building Inspector shall require that any real estate sign contain only the words "for sale," "for lease," "for rent" or "open house" and, at the option of the applicant, the word "owner" or "broker" and a telephone number.
(4)
No more than one temporary sign may be in effect at any one time for a single parcel of property.
B.
Temporary signs; fees. The fee for a permit for the erection of a special event or real estate sign or renewal of a permit shall be as fixed from time to time by resolution of the Board of Trustees. Said fee shall be submitted by the applicant at the time the application is presented to the Building Inspector.
C.
Size of temporary signs. No real estate or construction sign or other temporary sign shall be larger than three square feet in area.
D.
Placement and height of temporary real estate and construction signs. A real estate, construction or other temporary sign shall not be posted, erected or maintained within a distance of 10 feet from any property line nor nearer to any street line than the minimum setback therefrom as prescribed by this chapter and shall not exceed six feet in height above ground level.
E.
Expiration and removal of temporary signs.
(1)
Real estate signs must be removed within 24 hours of the transfer of the title to the property or the giving of possession of the property, whichever event first occurs, except that "open house" signs shall be removed at the conclusion of the open house.
(2)
Permits for real estate signs shall expire 60 days following the date of the issuance but may be renewed by the Building Inspector, upon the payment of an additional fee, for successive sixty-day periods.
(3)
All other temporary signs shall be erected no more than 10 days prior to the event or activity advertised and shall be removed at the conclusion of the event or activity.
F.
Conditions for all signs in R Districts.
(1)
No signs shall have characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes or use reflective or fluorescent paint or material.
(2)
All signs permitted pursuant to this section shall have lettering only on one side and shall be attached to the premises or shall be displayed on a stationary rod or post. No sign shall be attached to a tree or bush. No sign shall be placed so as to obstruct a clear view of a street from any intersecting street.
§ 470-39 Signs in nonresidential districts.
A.
Permit required. Except as otherwise provided herein, it shall be unlawful to erect, construct, paint, alter, relocate, reconstruct, display or maintain or cause to be erected, constructed, painted altered, relocated, reconstructed, displayed or maintained within the nonresidential districts any sign unless a written permit therefor has been obtained from the Building Inspector as hereinafter provided. An application for a sign permit should be accompanied by the following:
(1)
A drawing showing the lettering, color and pictorial matter of the sign, a description of the construction details of the sign structure, a location plan showing the position of the sign on the building or premises, and such other information as the Building Inspector may reasonably require to show compliance with the provisions of this section.
(2)
A written statement showing the name of the owner and the name of the person in control of the building or the premises where such sign is to be located and the right or authority of the applicant to apply for a permit.
B.
Permit approval. The Building Inspector shall not issue a permit for a sign until approval has been given by the Historic District Board, if the property is located in the Historic/Scenic Overlay District or is an historic site.
C.
Placement, size and other requirements. In addition to the other requirements of this article, a sign erected, constructed, painted, altered, relocated, reconstructed, displayed or maintained in a nonresidential district shall meet the following requirements:
(1)
Except as provided for in this article, such sign may be placed only upon the front or face of a building or on the interior or exterior surface of any front window thereof and must be constructed and maintained parallel to the building wall to which it is attached and extending outward from such wall not more than 12 inches. Such sign may also be placed within the building not more than four feet from the interior surface of any front window.
(2)
The maximum height of such sign in any one of its parts shall not exceed 18 inches and the maximum length of it in all of its parts shall not exceed 75% of the length of the street frontage of the building or establishment upon which such sign is erected or maintained but in no event shall exceed 25 feet.
(3)
No letters on such sign shall be more than 15 inches in height or width.
(4)
The upper edge of such sign shall not be located above the top of the building, and no part of such sign shall extend above the top or beyond the ends of the building wall upon which it is placed.
(5)
More than one sign for each building is permitted, provided that the combined signs for each such building do not exceed the maximum limitations for a single sign as herein prescribed.
(6)
Anything herein to the contrary notwithstanding, any sign may be painted on the inner or outer surface of a window, provided that it meets with all other requirements of this section.
(7)
Such signs shall advertise only the business conducted or products sold on the premises.
D.
Internally illuminated signs and lighted signs. No neon signs or internally illuminated signs shall be permitted. All lighting on signs must be through detached fixtures directed at the sign. In addition, lighting in a nonresidential district shall be arranged and affixed in such a way that no direct light rays from any light used in such illumination shall penetrate a residential district or impede traffic within the Village. Any lighting constituting a nuisance to neighboring residences or buildings or the occupants thereof is strictly prohibited.
E.
Flashing or flickering signs; "spectaculars" prohibited. No illuminated signs of a flashing, flickering, intermittently lighted or similar nature or animated illuminated signs known as "spectaculars" shall be permitted.
F.
Right-angle or projecting signs over public right-of-way and sidewalks. Except as herein provided, no right-angle or projecting sign extending over the public right-of-way shall be permitted. Vertical, overhanging signs at a right angle to the sidewalk advertising only the business or service on the premises upon which said signs are located shall be permitted, provided that such signs conform to the following regulations and specifications:
(1)
The lower extremity of each sign shall not be less than 7 1/2 feet above the grade immediately beneath the sign.
(2)
That part of the sign which bears lettering or advertising matter shall be constructed of wood or metal.
(3)
Any and all lettering, illustrations, or pictorial display shall be hand painted.
(4)
No sign shall be internally illuminated.
(5)
No sign shall project beyond the street curb.
(6)
When a projecting sign is installed, all other exterior signs shall be removed from the place of business.
(7)
Notwithstanding Subsection F(6) above, an exterior sign may be maintained, in addition to the projecting sign, provided that the projecting sign shall bear a symbol reflecting the business operating therein and the symbol shall be at least 75% of the projecting sign.
(8)
The maximum area of advertising space, including lettering and illustration or pictorial display used in conjunction therewith, shall not exceed 20 inches in width by 28 inches in height. Signs may be supported by a bracket.
(9)
The interior edge of such sign shall in no case project more than 12 inches from the building or stanchion to which the sign is attached.
G.
Signs which might be confused with traffic signs prohibited. No billboard, sign or other advertising structure or device shall be erected or maintained where, because of the size, location, shape, height, wording, design or lighting, such sign might be confused as a traffic directional or "stop" sign, or might interfere with the vision or discernment of a traffic directional or "stop" and "go" sign, or might otherwise imperil the safety of travel on streets and highways.
H.
Signs erected and maintained by Village or governmental authorities. This article shall not apply to those signs erected and maintained by the Village or other governmental authorities in the discharge of their official duties or functions.
§ 470-40 Temporary signs in nonresidential districts.
A temporary sign permit shall be issued by the Building Inspector to any person occupying premises within the nonresidential districts for the purpose of advertising sales or other special occasions, subject to the following conditions:
A.
No more than one temporary sign measuring no more than nine square feet shall be displayed in the window of or the interior portion of the business establishment visible from the street and shall be placed inside such retail establishment.
B.
No more than one temporary sign measuring no more than nine square feet shall be displayed on the exterior wall, door or window, front or face of the building, of any business establishment at such place as may be designated by the Building Inspector.
C.
The legend on the sign shall be directly related to the business activity carried on by the occupant of the business premises.
D.
The duration of the temporary sign permit shall be no longer than two calendar weeks, provided that the sign may be displayed for no more than three weekends.
E.
The temporary sign permit shall not be applied for nor issued for more than six periods of time per calendar year.
F.
No signs shall be on neon or neon paper or internally illuminated. All such signs shall be composed of black lettering upon a beige background.
G.
The Building Inspector is authorized to issue the permit for the temporary sign after written application showing the lettering and pictorial matter composing the sign, the materials of which the sign shall be made, the position of the sign in the window of the building or business premises, the name of the owner or lessee or occupant of the business premises within which such sign is to be located, a statement that the sign shall advertise only the business conducted or products sold on the premises and that the sign shall not be intrinsically illuminated.
§ 470-41 Real estate and construction signs in nonresidential districts.
All real estate and construction signs in nonresidential districts shall satisfy all of the requirements of § 470-40.
§ 470-42 Removal of sign identifying tenant or business.
No later than 90 days after a tenant has vacated premises, any exterior signs identifying such tenant or business shall be removed by the building owner and the facade of the building shall be restored.
§ 470-43 Directional signs and informational signs.
§ 470-44 Appeals; enforcement; prohibited signs.
A.
Appeals. Any person seeking review of the action of the Building Inspector may appeal to the Historic District Board if the proposed location of the sign is within the Historic/Scenic Overlay District and to the Zoning Board of Appeals if the proposed location of the sign is outside of the Historic/Scenic Overlay District. The Historic District Board or the Zoning Board of Appeals may modify or waive the requirements of this article only upon a showing that to do so would not be detrimental to the neighborhood or to the residents thereof.
[Amended 7-17-2001 by L.L. No. 2-2001]
B.
Enforcement. It shall be the duty of the Building Inspector and of any other person authorized by resolution of the Board of Trustees to enforce the provisions of this article. Any sign not in conformity with this article may be removed without notice to the property owner or the owner of the sign.
C.
Prohibitions. Billboard signs and sandwich board signs are prohibited in the Village.
§ 470-45 Removal of nonconforming signs.
All nonconforming signs in existence and for which a permit has been issued as of the effective date of this chapter shall, at the expiration of five years from the effective date, become prohibited and unlawful structures and shall thereupon be removed. All other nonconforming signs must be removed on the effective date of this chapter. A nonconforming sign may not be replaced by another nonconforming sign. The Zoning Board of Appeals may extend the five-year period stated above for up to an additional five years upon good cause shown.
§ 470-46 Historic markers.
Elliptically shaped, horizontally installed metal historic markers whose major axis shall not exceed 10 1/2 inches and whose minor axis shall not exceed 6 1/2 inches in dimension for which application has been made and for which the text lettering and content have been approved by the Historic District Board may be attached to residential, commercial, and industrial structures without formal sign application or payment of fee. Not more than one such historic marker may be attached to any structure.
§ 470-47 Awnings and canopies.
No sign shall be affixed to any awning, canopy or similar structures. Address numbers shall be permitted not to exceed six inches in height and one foot in width.
§ 470-48 Additional signage.
Additional signage may be approved by the Board of Trustees upon application for a special permit.
§ 470-49 Application fees.
The applicant shall be required to pay the fees as set forth in the schedule of fees in § 470-115.