[Effective 10-2-2008]

Political signs in connection with elections shall be permitted without a permit in all use districts, except that:

A. The sign may not be installed, erected or otherwise placed more than 90 days prior to the date of the election to which it relates; and

B. The sign shall be removed within 10 days after the election to which it relates; and

C. The face of the sign shall not exceed 32 square feet.

[Effective 5-20-1974]

All signs erected or used pursuant to this article shall comply with the following requirements unless otherwise specifically stated.

A. Any part of such sign shall be located:

(1) Not less than five feet from any property line when erected pursuant to § 244G.

(2) Not less than 10 feet from any property line when erected pursuant to § 244G or to § 244A, except Subsections AM(e) or (g) or A(2)(b) or (c).

(3) Not less than 20 feet from any property line when erected as a multifaced sign or detached sign, except a directional sign erected pursuant to § 244F(2)(c)[2) or a sign erected or used pursuant to § 244G; provided, however, that if the average front setback of the existing buildings on the same side of the street, within the same block, is less than 10 feet, then not less than 10 feet from any property line.

(4) Not less than 20 feet from any property line when erected pursuant to § 244A(2)(c).

(5) Not less than 30 feet from any property line when erected pursuant to § 244A(2)(b).

B. No signs shall be erected or maintained on any corner lot at intersecting streets which may interfere with traffic visibility across the corner.

The following provisions shall apply to all signs:

A. Temporary signs.

(1) Each temporary sign permitted under this article shall require a temporary sign permit, which shall be subject to the fee and time limitation as prescribed by this article.

(2) All temporary sign permits, including those for pennants, banners, bunting, fluttering devices, posters, promotional devices, window signs or other signs of similar character, shall be issued for a period not in excess of 30 days, unless otherwise stated in this article.

(3) The Commissioner of Buildings, at his discretion, may renew a temporary sign permit for additional periods of 30 days, provided that a fee, equivalent to the original, is paid upon application for each such renewal.

(4) In addition to the payment of the stipulated fee for a temporary sign permit, an amount equivalent to the fee shall be deposited with the Commissioner of Buildings prior to issuance of the temporary sign permit, to assure removal of such sign in accordance with provisions of § 250 of this article, upon expiration of the permit. The minimum deposit required for each temporary sign permit shall be $10. Where two or more temporary sign permits are issued to the same time period, the Commissioner of Buildings, at his discretion, may reduce the total amount of deposit required, but in no event shall the total of such deposit be less than $10. Upon satisfactory removal of a sign, for which a deposit was withheld, the Commissioner of Buildings shall release such deposit to the permittee.

(5) After expiration of the temporary sign permit, the sign associated with such permit shall be removed. If such sign is not removed, the Commissioner of Buildings shall give 10 days' written notice to the permittee to remove such sign, and, upon failure to comply with this request within such time limitation, it shall be considered due cause for the Commissioner of Buildings to have such sign removed and the deposit forfeited to help defray the expenses involved in such removal.

B. Signs shall not be attached to fences, trees, utility poles or similar supporting devices, or to vacant or unoccupied structures, nor shall they be located so as to obstruct the vision of pedestrian or vehicular traffic or create a hazard or disturbance to the health and welfare of the general public. In the event that any such attached sign shall advertise a commercial business, service or trade and shall display an address, website, and/or telephone number, there shall be a rebuttable presumption that the owner or proprietor of the commercial business, service or trade caused or authorized the attachment and is liable for a violation of this proscription- In addition to any and all other remedies available at law or equity, the Town of Hempstead shall be authorized to physically remove and confiscate any such attached sign(s) from fences, trees, utility poles or similar supporting devices, or from vacant or unoccupied structures located on public property or on a public right-of-way in the unincorporated portions of the Town, and to recover against such owner or proprietor a civil penalty in the amount of $250 for each sign removed. Such civil penalties shall be recoverable after conviction or plea of guilty hereunder in the District Court of Nassau County, upon due proof of sign removals effected, or as a judgment in a civil action brought hereunder in the name of the Town in any court of competent jurisdiction, against such owner or proprietor, seeking such a recovery. [Effective 6-8-2012]

C. Signs which directly emit, radiate or reflect any beam, ray or glare away from any lot or premises upon which they are erected or used or which are in motion by any means or have flashing or intermittent illumination or changing degrees of intensity or are animated shall not be permitted in any district.

D. Whenever a sign cannot be readily classified under this article, the Commissioner of Buildings shall determine such classification for the purpose of applying the use restrictions, fees, time limitations, etc., as may be required for similar signs.

E. Any sign which is not permitted by this article shall be subject to approval by the Board of Zoning Appeals prior to issuance of a permit by the Commissioner of Buildings.

F. It shall be the responsibility of the Commissioner of Buildings to have all signs which, in his opinion, appear hazardous, unsafe or insecure to be made safe, substantially secured or removed.

G. Nonconforming signs.

(1) Signs erected prior to the effective date of this article for which sign permits are presently in effect and which do not conform to the provisions or standards of this article shall be granted the permits required by this article if, in the opinion of the Commissioner of Buildings, such signs and their supports and appurtenances appear to be in a safe condition. All such permits granted shall terminate on January 1, 1973, at which time or prior thereto the signs shall be altered, removed or replaced to conform to the provisions of this article unless a variance has been granted by the Board of Zoning Appeals.

(2) Signs for which permits are in effect that become nonconforming by a subsequent amendment to this article after the effective date hereof may be continued for three years after the effective date of adoption of the amendment making such use nonconforming and after said date such nonconforming signs shall be removed and the use terminated unless a variance therefor has been granted by the Board of Zoning Appeals.

(3) Signs erected prior to the effective date of this article and for which no sign permits are in effect and which do not conform to the provisions or standards of this article shall be removed within 30 days after the effective date of this article.

H. Erection of new signs or maintenance of signs previously erected, other than those permitted by this article, in the designated use districts, shall be prohibited unless a variance is or has been granted by the Board of Zoning Appeals.

I. No sign shall hereafter be erected, altered, repaired, replaced or relocated until a sign permit, as may be required by this article, has been issued by the Commissioner of Buildings. A separate permit shall be required for each sign affected.

J. If a sign is currently in effect, the following conditions shall not require a new or additional permit:

(1) To replace or alter changeable copy on a theater marquee and similar signs designed for use of changeable copy and so designated in the permit.

(2) To change or advertise copy or message on a painted or printed sign only.

(3) To paint, clean, maintain or make minor repairs or replacements to existing parts which are not considered structural changes.

(4) To remove and replace window signs with different copy, provided that all other applicable conditions, relative to the former signs, are adhered to.

K. No sign shall cover any door, window or required opening or hinder or prevent free and accessible ingress or egress to or from any door, fire escape or stairway of any building.

L. The erection, alteration, repair, replacement or relocation of any sign for which a permit has been issued shall commence within 30 days of issuance and shall be completed within 60 days of issuance of such permit. A sign permit shall be automatically canceled if work does not commence or is not completed pursuant to the foregoing time limitations.

M. All signs erected pursuant to the issuance of a permit shall bear the current permit number or other identification, as may be required by the Commissioner of Buildings, prominently and permanently affixed to a face thereof which is exposed to public view.

N. All signs permitted by this article shall also be subject to the requirements of other governmental agencies having jurisdiction.

O. No sign or any portion thereof shall project out, over or into a sidewalk, parking area or mall unless the lowest portion of such encroachment is at least seven feet in height above such sidewalk, parking area or mall except as otherwise stated in this article.

P. The physical dimensions of all signs, except those for which a variance has been granted by the Board of Zoning Appeals, may be modified, increased and/or their minimum and maximum heights above ground level varied, as the case may be, by the Commissioner of Buildings, provided that such deviation is restricted to a maximum of 15% above or below the specific limitations set by this article.

(1) Any modification granted by the Commissioner of Buildings, pursuant to this section, shall terminate upon expiration of the sign permit associated with such modification.

(2) All signs shall be restored to and shall comply with all requirements of this article upon expiration of any modification granted by the Commissioner of Buildings.

(3) The definition of "area of sign" in § 243 of this article shall be used for computing the required fees for all signs requiring a permit, including those dimensions which have been increased because of a modification granted by the Commissioner of Buildings under the provisions of this section.

Q. Nothing shall be attached to or suspended from any sign erected pursuant to this article.

R. Any sign which no longer advertises the existing business or the product sold on the premises, nor serves the purpose for which the permit was issued or for which the permit has expired, or is not compatible with the use permitted by this article shall be removed pursuant to § 250.

S. Signs shall not be painted on the exterior wall surface of any building or structure. All such signs subject to the requirements of Subsection R of this section shall be removed. Existing signs painted on the exterior wall surface of any building or structure shall be obliterated prior to January 1, 1974.

T. No permit shall be issued hereafter for any sign in which the wood portions thereof or any wood supporting structural members have not been painted or treated to resist decay. Existing signs which do not conform to the requirements of this section shall be similarly treated or removed prior to January 1, 1973, unless such date is extended by the Commissioner of Buildings.

U. All electrical fixtures, motors, receptacles, wiring or other devices or appurtenances used for the illumination or operation of signs shall be of an approved type and shall be installed in accordance with the requirements of the National Electrical Code.

V. Surfboard signs are a visual blight for motorists, pedestrians, residents and other inhabitants of the Town of Hempstead and shall be prohibited in all use districts. A "surfboard sign" shall be defined and identified as follows: A pole-type structure protruding from the ground, pavement or other base and extending in a substantially vertical direction to an angled or hook-shaped top and/or substantially horizontal extension, to which is attached a flag or banner containing a commercial message or identifying a commercial product or service of any kind, which flag or banner is attached to the pole and extends downward from the said top and/or extension toward the ground, pavement or other base. Any surfboard sign lawfully in existence on the effective date of this prohibition shall be permitted to continue as a legal nonconforming use, except that such legal nonconforming status shall terminate by amortization on January 1, 2013, at which time maintenance of any such legal nonconforming surfboard sign shall be a violation of this section. [Effective 7-27-2012]

[Effective 7-1-1979; 8-25-2014]

A. The following fees shall apply to all signs requiring permits:

(1) No sign authorized by the Board of Zoning Appeals or subject to a permit required by this article shall be erected or maintained until a permit, or the renewal of an existing permit, is issued by the Commissioner of Buildings, subject to the payment of a fee, every three years, in the amount of $1.50 per square foot, or fraction thereof, for each face of the sign used The minimum fee, every three years, for each sign requiring a permit shall be $30, except as otherwise stated in this article.

(2) Each mobile sign shall be subject to the provisions of Subsection B of this section and all other applicable fee provisions of this article. However, an additional fee of $2 shall be required for each relocation of such sign, to compensate for the inspection services necessitated by the relocation. The permitted of the mobile sign shall keep the Commissioner of Buildings concurrently informed of the relocation of such sign.

(3) All signs shall be subject to the provisions of this article, except that fees only may be waived for signs used for religious, charitable, eleemosynary or educational purposes when owned and located on the premises occupied by such institution or when such sign is used by federal, state or municipal governments.

(4) Temporary sign permits shall be issued for approved construction or occupancy signs. Such signs shall be removed upon issuance of a certificate of occupancy or a certificate of completion for the project. The signs may be relocated to other job sites, subject to the same conditions outlined herein, provided that the Commissioner of Buildings is notified prior to each subsequent relocation of the signs. Such temporary sign permits shall expire not later than six months from the date of issuance, and the annual fee for each temporary permit shall be $0.25 per square foot, or fraction thereof, for each face of the sign used. The minimum annual fee for each sign requiring a permit shall be $10.

(5) Temporary sign permits issued for other than construction and occupancy signs shall expire not later than 30 days from the date of issuance, and the fee for each temporary permit shall be equivalent to the annual fee computed pursuant to Subsection A(4) of this section.

B. All sign permits, unless otherwise stated, shall terminate one year from the date of issuance and shall be renewable, if in compliance with this article, upon payment of the required annual permit fee. All existing signs authorized by the Board of Zoning Appeals and those hereafter authorized by such Board shall be subject to the permit and annual fee requirements of this article.

C. (Reserved)

D. Upon filing an application for a sign permit, the Department of Buildings shall require the applicant to pay 50% of the estimate of all fees related to the sign permit. Such fees shall not be refunded if the application for the permit is not approved.

E. If a permit is revoked, canceled or automatically terminated pursuant to this article or the application is withdrawn or disapproved, the applicant shall not be entitled to a refund of any fee paid in connection therewith.

F. The following fees shall be payable to the Board of Zoning Appeals upon application to such Board for a variance from the requirements of this article:

(1) Application to obtain a detached sign 100 square feet or less, either single- or double-faced: $125.

(2) Application to obtain a detached sign exceeding 100 square feet, either single- or double-faced: $200,

(3) Application to obtain a wall sign 100 square feet or less: $125.

(4) Application to obtain a wall sign more than 100 square feet: $200.

(5) Application to obtain a roof sign: $250.

(6) Application to obtain a renewal of a variance previously granted for a sign permit: $100.

Any of the following conditions shall constitute justifiable cause for revocation of permits by the Commissioner of Buildings:

A. If a sign does not bear the required permit number or other required markings prominently and permanently affixed on the face thereof.

**Webmasters Note: The previous sections, 246.P(2) through 248.A, have been amended as per Supplement No. 42.

B. If any new or existing sign shall hereafter be erected or altered contrary to the provisions of this article.

C. If any sign is not maintained in a clean manner, neatly painted, free from all hazards including faulty wiring, loose or defective fastenings or, in the opinion of the Commissioner of Buildings, appears to be in an unsafe condition or which presents a potential hazard to the public health or safety.

D. If any sign no longer advertises an existing business or product sold on the premises.

If any sign is erected, installed or maintained in violation of any provision of this article, the Commissioner of Buildings shall notify, by registered mail, the owner or lessees of the property upon which such sign is located to alter such sign to comply with this article and/or secure the necessary permit or remove the sign. If such order is not complied with within 10 days from the date of receipt of the notification, any sign permit presently in effect shall be automatically revoked, and the Commissioner of Buildings shall determine such sign an illegal sign, and removal thereof shall be made pursuant to applicable provisions of § 250 of this article.

A. Regardless of any other penalty otherwise prescribed in the Building Zone Ordinance of Town of Hempstead for an infraction of any provision therein, any sign which is not in compliance with the provisions of this article, or for which a sign permit has been revoked or expired, shall be removed by the owner of the property upon which such sign is located within 10 days after date of the notice, unless otherwise stipulated in such notice.

B. Upon failure to remove such sign within the prescribed time set in the notice, said owner shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a period not to exceed 15 days, and each day's continued failure to correct such violation shall constitute FBI separate additional violation.