Westbury City Zoning Code
ARTICLE XXXIV
Signs
§ 248-302 Purpose.
The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed signs of all types within the Village, in order to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty of designated areas and provide a more enjoyable and pleasing community, reduce sign distractions that may contribute to traffic accidents and to ensure the safety of the public by removing or reducing hazards to pedestrian and vehicular traffic caused by overhanging, projecting or faulty signs over public rights-of-way, to provide more open space and curb the deterioration of the natural beauty of the Village due to haphazard and improperly sited, sized and proportioned signs.
§ 248-303 Signs permitted.
[Amended 2-20-1992 by L.L. No. 3-1992; 6-13-1999 by L.L. No. 1-1999; 12-2-1999 by L.L. No. 3-1999; 5-3-2001 by L.L. No. 2-2001]
A.
Generally. No sign shall be erected in any use district without a permit first having been applied for and issued, except as herein expressly exempted by Subsection B of this section. Signs of the types specified in this section shall be permitted in the Residence Parking (RP), Apartment A, AA, AAA and AAAA, Business A, B-1, B-2, B-3, B-4, B-5, B-6 and AA, Business Office, Business BX, Maple Union TOD and Planned Industrial Districts, only if and to the extent that they do not conflict with specific regulations of other articles of this chapter applicable to signs erected in such use districts. Where site plan approval is required by any other articles of this chapter for the erection of one or more signs in any use districts, any signs sought to be erected after the approval of such site plan and not shown thereon shall require the approval of the Planning Board of the Village of Westbury.
[Amended 12-5-2019 by L.L. No. 7-2019]
B.
Signs authorized without a permit. The following signs shall be exempt from the requirement of application for and issuance of a permit in the use districts hereinafter set forth:
(1)
Directional signs: one or more directional signs, not exceeding eight square feet in area, as required to control movement of vehicular traffic and parking on private property or to give guidance, instruction or direction, in any use district except Residence A, Residence B and Residence C Districts; provided, however, that if any such sign misleads traffic utilizing adjoining lots or parcels as to permitted or prohibited movements or parking on such lots or parcels, the Senior Building Inspector may order such sign removed after notice and opportunity to be heard.
(2)
Religious signs: in any use district, one wall sign not exceeding 24 square feet in area and one single- or double-faced freestanding sign not exceeding 32 square feet in area and having a height not greater than eight feet measured vertically from grade to the top of the sign, including supports, and provided that the information thereon shall be limited to names, symbols, messages, denomination, address, telephone numbers, hours and days of worship. All other religious signs shall be considered temporary public interest signs.
(3)
Sale or rent signs:
(a)
On a parcel of land or building in any use district, except Residence A, Residence B or Residence C, one wall sign or one detached or freestanding sign, not exceeding four square feet in area, and having a height not greater than six feet measured vertically from grade to the top of the sign, including supports, advertising only the sale, lease or rental of all or part of the premises on which the sign is located. If a freestanding sign, such sign shall not be located nearer to any street line than the minimum setback line, if any, prescribed by the provisions of this chapter applicable to such premises.
(b)
In Residence A, B or C Use Districts, one single- or double-faced sign not exceeding two square feet in area per side, advertising only the sale, lease or rental of all or part of the premises on which the sign is located, may be attached to the building or edifice or may be freestanding or post-mounted and located not less than 15 feet from the street adjoining the lot or, if closer than 15 feet to the street, not more than five feet in front of the building or edifice and not more than six feet high as measured vertically from the grade to the top of the sign, including supports.
(4)
Temporary public interest signs: in any use district, one or more temporary signs erected at the site of the activity or event or on the premises of the organization or political candidate erecting the same, provided that no such sign exceeds four square feet in area and otherwise complies with the provisions of this article. The person or organization or candidate erecting the same shall remove such sign promptly, upon the expiration of its use, within the temporary permitted period.
(5)
Interior signs: in any use district, signs located wholly within a building or structure and not positioned so as to permit observation thereof from the exterior of such building or structure, except window signs.
(6)
Institutional signs:.in any use district, one wall sign not exceeding 24 square feet in area, one freestanding sign, either single- or double-faced, not exceeding 24 square feet in area, and one wall sign or freestanding sign, not exceeding one square foot in area, designating the location of, or direction to public telephones, drinking fountains or public bathrooms.
(7)
Construction or occupancy signs. In any use district:
(a)
One temporary wall sign, or one temporary single- or double-faced detached sign or one temporary single- or double-faced swing or curb sign, not exceeding eight square feet in area, which shall display only the name, profession, address and telephone number of the contractor, builder owner, architect or engineer associated with the project, type of occupancy and the date of expected completion or occupancy. Such sign shall be removed by the permittee upon issuance of a certificate of occupancy or certificate of completion of the project; and
(b)
One temporary wall sign, or one temporary single- or double-faced detached sign for each building or structure under construction, repair or renovation, which sign shall advertise only the name, business and profession of future tenants or occupants of said building or structure and the date of their expected occupancy. Such sign shall be removed by the permittee upon issuance of a certificate of occupancy or certificate of completion of the project or within one year from date of erection of the sign, whichever first occurs. Such signs may be allowed to remain for an additional period not to exceed one year, provided that a permit therefor is issued by the Senior Building Inspector upon a showing of need by the applicant for the continued use of such sign for such additional period.
C.
Awning, canopy, facade, soffit or wall signs authorized only with a permit. In all Business and Planned Industrial Use Districts except Business B-1 and Business B-2 Districts, and the Maple Union TOD District, the following signs may be erected, provided that a permit therefor is first applied for and issued:
[Amended 12-5-2019 by L.L. No. 7-2019]
(1)
Awning or canopy signs: one awning or canopy sign for each side of premises, provided that:
(a)
One area containing lettering, numbers, symbols and/or caricature shall be permitted to be affixed to the front and each side of the awning or canopy so long as said area does not exceed two feet in height, except that awnings or canopies fronting on Old Country Road may contain one area not exceeding three feet in height.
(b)
The awning or canopy does not project out from the storefront or facade more than three feet.
(c)
The top of the awning or canopy does not project over the top of the parapet wall of the building to which it is affixed.
(d)
The bottom of the awning or canopy is not less than eight feet nor more than nine feet above the adjacent ground level.
(e)
Awnings or canopies shall be permitted on the front, side or rear of a premises, however, no such awning or canopy shall be permitted on the side or rear of a building if such awning or canopy faces residential premises.
(2)
Facade, soffit or wall signs:
(a)
One facade, soffit or wall sign, provided that:
[1]
It does not exceed two feet in height, except that such signs fronting on Old Country Road may not exceed three feet in height;
[2]
It does not exceed in length 90% of the horizontal measurement of each tenant's or occupant's front wall spaces; and
[3]
It does not project more than 12 inches beyond the exterior face of the building or structure, including any artificial lighting or reflectors connected thereto. This restriction shall not apply to soffit signs.
(b)
Such signs shall be permitted on front, side and rear of premises, however, no such sign shall be permitted on the side or rear of a building if said sign faces residential premises.
D.
Awning, facade, soffit or wall signs authorized only with a permit. In all Business B-1 and Business B-2 Districts and the Maple Union TOD District, the following signs may be erected, provided that a permit therefor is first applied for and issued:
[Amended 4-2-2015 by L.L. No. 2-2015; 12-5-2019 by L.L. No. 7-2019]
(1)
Awning signs: one awning sign for each side of premises, provided that:
(a)
One area containing lettering, numbers, symbols and/or caricatures shall be permitted to be affixed to the front and each side of the awning or canopy so long as said area does not exceed 2 1/2 feet in height.
(b)
The awning does not project out from the store front or facade more than to a point a distance of 18 inches from the innermost point of the adjacent curbline.
(c)
The top of the awning does not project over the top of the parapet wall of the building to which it is affixed.
(d)
The bottom of the awning is not less than seven feet nor more than eight feet above adjacent ground level.
(e)
Awnings shall be permitted on the front, side or rear of a premises; however, no such awning shall be permitted on the side or rear of a building if such awning faces residential premises.
(f)
All awnings must be retractable and must be retracted between the hours of 9:00 p.m. and 6:00 a.m. of the following day.
(g)
In Business B-1 and B-2 Districts, canopy signs are specifically prohibited.
(2)
Facade, soffit or wall signs:
(a)
One facade, soffit or wall sign for each side of the premises, provided that:
[1]
It does not exceed 2 1/2 feet in height.
[2]
It does not exceed in length 75% of the horizontal measurement of each tenant's or occupant's front wall space.
[3]
It does not project more than 12 inches beyond the exterior face of the building or structure. Box lighting and neon lighting or the like are specifically prohibited.
[4]
Exterior lighting shall be from above or behind the signage only; lamps shall not project more than 1 1/2 feet from the face of the sign and shall not extend above the top of the sign more than one foot; and such illumination shall not result in confusion with traffic signals, either because of color or proximity.
(b)
Such signs shall be permitted on the front, side and rear of a premises; however, no such sign shall be permitted on the side or rear of a building if said sign is less than 100 feet from any residential premises.
(3)
Any signs or awnings installed pursuant to this section shall be of a color scheme, in a color palate, approved by the Board of Trustees of the Village of Westbury. The Village Board shall at a regular meeting choose sample approved color palates, which shall thereafter be made available to the public by the Superintendent of Buildings.
(4)
All nonconforming signs in existence on the effective date of the local law whereby this § 248-303D was adopted, located in a Business B-1 and B-2 District, shall, at the expiration of three years from said effective date, become prohibited and unlawful. All nonconforming signs for which a period of continued permitted use is provided hereunder shall be removed by the owner or occupant of the premises on which they are located not later than the expiration date of such period.
E.
Detached or freestanding, double-faced or multifaced and illuminated signs authorized only with a permit. In all Business and Industrial Districts, the following signs may be erected, provided that a permit therefor is first applied for and issued:
(1)
Detached or freestanding signs: one detached or freestanding sign, advertising only the business conducted on the premises upon which the sign is located, provided that:
(a)
There be only one such sign detached from a building.
(b)
Such sign shall not exceed 24 square feet in area and seven feet in height from the mean level of the ground.
(c)
Such sign shall be located not less than 10 feet from any property line.
(d)
An open space of at least three feet in height shall be maintained between the bottom of the sign and the ground.
(2)
Double-faced or multifaced signs: one double-faced or multifaced sign; provided, however, that it shall not exceed 24 square feet per side. No more than one such sign shall be permitted per business location and shall be limited to advertising the business name, address, telephone number, nature of products sold or services performed and days and hours of operation. The bottom of such sign shall be located not less than seven feet nor more than eight feet above the adjacent ground level. Such sign shall be installed and protected so as not to interfere with nor impede vehicular or pedestrian traffic.
(3)
Illuminated signs: one illuminated sign, provided that it complies with the following requirements:
(a)
Illumination of the sign shall be accomplished by means of shielded light sources or lighting devices in such other manner that no glare shall extend beyond the property lines of the property upon which such sign is located, and no glare shall disturb the vision of passing motorists or constitute a hazard to traffic.
(b)
No flashing, rotating or moving light sources shall be permitted to constitute a part of any such sign, with the exception of a sign displaying time and temperature, in which case only said time and temperature shall be permitted to have such moving light source. Each message shall be allowed to remain for no more than two seconds.
(c)
Any electrical apparatus, and the installation thereof, must also be approved by the New York State Board of Fire Underwriters.
(d)
An open space of at least three feet in height shall be maintained between the bottom of the sign and the adjacent ground level.
(e)
Illuminated signs located on premises abutting residential districts shall be extinguished within 1/2 hour after the close of business and, in no event, later than 11:00 p.m. The close of business shall be deemed to be that time when the premises are closed to the general public.
(f)
Lights in or on signs within business establishments may be kept on during the entire night, provided that the total amount of illumination does not exceed 20 footcandles.
F.
Window signs and other miscellaneous signs authorized only with a permit. In all Business and Industrial Districts, the following signs may be erected, provided that a temporary ninety-day permit therefor is first applied for and issued:
(1)
Window signs:
(a)
In any use district, except the Residence A, AA, B or C, or Apartment District, temporary window signs or signs in each display window, provided that the total area of all signs used or displayed in such window, measured in square feet or inches, does not exceed 1/4 of the total surface area of such window. All window signs shall be of professional quality, printed in legible type and not hand written.
(b)
Prior language notwithstanding, temporary window signs may be installed without a permit in supermarkets having a square footage of at least 11,085 square feet and may be maintained for a period in excess of 90 days.
(c)
Permanent signage or lettering affixed to windows shall not exceed 2 1/2 feet and shall not exceed 1/4 of the total surface of such window.
(2)
Other miscellaneous signs: any banner pennant, ribbon, streamer, spinner or other similar moving, fluttering or revolving device constructed of cloth, oil cloth, paper, plastic or other materials, erected or maintained across any street or attached to or upon any building or part thereof, or upon any premises, provided that it shall be maintained for no more time than 90 days and shall not endanger vehicular traffic, property or pedestrians, and further provided that no such sign or device shall be erected upon or over a public right-of-way or parking lot without the express prior permission of the Board of Trustees.
(3)
Any sign installed pursuant to this section shall be of a temporary nature [except for permanent window signage described in § 248-303F(1)(c)]; and, in the discretion of the Superintendent of Buildings, any reapplication for a similar sign of a temporary nature shall be denied.
§ 248-304 Prohibited signs and displays.
A.
All signs not specifically permitted under § 248-303 shall be prohibited, except that those signs presently existing and permitted by law, prior to adoption of this article, may continue as nonconforming signs, so long as they are used for the same business name or entity as existed on the effective date of this article.
B.
Signs, which are otherwise authorized under this article, shall be prohibited, if they are:
(1)
Roof signs or signs projecting in part higher than the roofline.
(2)
Constructed of cloth, oil cloth, paper, cardboard or other destructible material for display outside of any building, except temporary public interest signs permitted under § 248-303B(4).
(3)
Placed so as to frame or outline two or more sides of any wall of a building.
(4)
Directing attention to a business, service, entertainment or commodity conducted, sold or offered elsewhere other than upon the premises upon which it is erected or maintained.
(5)
Attached to any tree, fence, utility pole, directional signs or traffic sign.
(6)
Directing, emitting, radiating or reflecting any beam, ray, gleam or glare of light away from the premises on which such sign is located.
C.
All signs permitted under § 248-303 shall be maintained in a good state of repair, in working order and neatly painted in a professional manner.
[Added 6-3-1999 by L.L. No. 1-1999]
D.
No sign shall be erected or maintained which might be confused with any traffic sign or which might interfere with the vision or discernment of any traffic sign or which might cause danger to public travel or which would pose a hazard to vehicular or pedestrian traffic or to property.
E.
Except as otherwise provided in this article, no sign shall be erected or maintained which extends or projects into or above any public right-of-way or public parking lot.
F.
No sign shall be permitted within 500 feet of the border of any state park or parkway unless the applicant first complies with the appropriate provisions of the laws of the State of New York.
G.
There shall be no moving or flashing, changing, intermittent or varying illumination in or reflecting upon any sign, except as provided in § 248-303E(3)(b).
H.
There shall be no billboards, mobile signs, revolving signs or roof signs.
I.
Except as provided in § 248-303B(7)(a), there shall be no swing or curb signs.
§ 248-305 Appeals and variances.
If a permit is denied by the Senior Building Inspector, the applicant may appeal from such denial to the Board of Appeals within 30 days from the mailing of a notice of denial to the applicant by the Senior Building Inspector. The Board of Appeals, appointed under § 248-324 of this chapter, after public notice and hearing, may grant a sign permit, in accordance with the provisions of this article, and vary or modify the application of the regulations of this article, for good cause shown, so as to avoid undue hardship or practical difficulty, in harmony with its general purpose and intent.
§ 248-306 Cessation of use.
[Amended 6-3-1999 by L.L. No. 1-1999]
Within one month after a sign or awning/canopy ceases to advertise an existing business or a service or product sold or provided on the premises, the owner or occupant of such premises shall remove such sign or signage from the awning/canopy. In the event that a sign ceases to advertise an existing business or a service due to fire damage, wind or flood, said sign shall be removed within six months after said fire, wind or flood damage.
§ 248-307 Notice of violation; removal of signs in violation.
A.
The Senior Building Inspector shall cause a notice of violation to be served upon the owner or occupant of the building, structure or lot where any provision of this article has been violated. Such notice shall require such owner or occupant, within 10 days after date of such notice, either to remove such sign or to replace or modify such sign so as to conform with this article. Such notice shall be served upon such owner or occupant personally or by certified mail, return receipt requested, directed to the last known mailing address of such owner or occupant.
B.
The owner or occupant of any premises, who is served with a notice of violation, as hereinabove provided, must comply with such notice.
C.
In the event that such owner or occupant, after service of such notice of violation, shall neglect or refuse to comply therewith, the Senior Building Inspector shall be authorized to enter upon such premises, to remove therefrom any such unlawful sign, and to assess the cost of such removal against the owner of the property on which the sign was located, and said cost shall constitute a lien and charge on such property until paid or otherwise satisfied or discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent Village real property taxes.
§ 248-308 Inspections; maintenance of sign.
In making application for a sign permit hereunder, the applicant thereby consents to the inspection of such sign by the Senior Building Inspector or his delegate, so long as the same shall remain upon the premises where it was erected. Such sign shall, at all times, be erected and maintained in conformity with the provisions of this article, and shall be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring or loose fastenings, and must be maintained at all times in such condition as not to be detrimental to the public health or safety.
§ 248-309 Revocation of permits.
In the event that the owner or occupant of the premises upon which a sign in violation of any provision of this article has been erected or maintained shall fail to correct such violation after receiving notice thereof, as provided in § 248-307A, the Senior Building Inspector, in addition to any other remedy provided for such violation, is hereby authorized and empowered to revoke the permit, if any, under which such sign was erected or maintained.
§ 248-310 Application for sign permit; fees.
A.
Applications. Except those signs for which, by the terms of this article, no permit is required, before any sign is erected or replaced, an application in writing shall be submitted to the Senior Building Inspector. Such application shall be signed by the owner of the premises upon which the sign is to be erected or replaced, or by the occupant of said premises or the owner's or occupant's agent. If signed by the occupant or agent of the owner or occupant, the owner's signed consent, in writing, duly acknowledged on a form to be provided by the Senior Building Inspector, shall accompany the application. The required filing fee shall be paid at the time the application is submitted. The application, on a form to be provided by the Senior Building Inspector, shall specify the exact location of the proposed sign, and the name and mailing address of the owner, occupant and agent, if any. It shall describe in detail the proposed sign, giving its dimensions, its location in relation to the side and roof of the premises, the distance from ground level to the bottom of the sign, a description of the sign material, sign surface, a sketch of the lettering, including the width and dimensions, details of lighting, if any, and other particulars required for review of the application, as required by the Senior Building Inspector.
B.
Approval. The Senior Building Inspector, if satisfied that the sign application is in order and that the sign is authorized hereunder and complies in all respects with the provisions of this article and chapter, shall issue a permit for the erection or replacement of the sign for which application has been made.
C.
Fees. Fees, in connection with the applications for sign permits, shall be as set from time to time by resolution of the Board of Trustees.
[Amended 12-2-1999 by L.L. No. 3-1999]
§ 248-311 Nonconforming signs.
A nonconforming sign may not be replaced by another nonconforming sign. Notwithstanding the provisions of § 248-304A, all nonconforming signs in existence on the effective date of the local law whereby this article was adopted, except existing professional signs located in a Business A, AA, B or BX District and religious signs in any use district, shall, at the expiration of five years from said effective date, become prohibited and unlawful, except that such nonconforming signs which are constructed substantially from or with metal parts shall become prohibited at the expiration of 10 years from said effective date. All nonconforming signs for which a period of continued permitted use is provided hereunder shall be removed by the owner or occupant of the premises on which it is located not later than the expiration date of such period.
§ 248-312 Bill posting.
[Added 12-2-1999 by L.L. No. 3-1999]
A.
Permit required for posting. No person shall post or hang, or cause to be posted or hung, any handbill, notice or placard upon any post, telegraph, telephone or electric light pole, tree or fence, bridge or wall of a building or other object in any street or public place in the Village, except legal notices, without a permit from the Village Clerk.
B.
Permit required for distributing handbills, etc. No person shall distribute and/or peddle handbills, pamphlets, tracts, advertising matter and other like matter in the streets and by going from house-to-house, except legal notices, without having first obtained a permit from the Village Clerk.
C.
Bond required. In addition to the fee for the permit required by Subsection B, all applicants for permits for sales of used property conducted by owner occupant shall be required to deposit a security deposit of $50 with the Village Clerk. All other permit applicants shall be required to deposit a security deposit of $250 with the Village Clerk. All handbills posted shall be removed within one week after the advertised event. In the event that all handbills are not removed, the deposit shall be used to defray the cost of the removal of said signs.