§ 57A-2. Definitions.

As used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated:

ANIMATED SIGN

Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

AREA OF SIGN

The total area of the faces of the sign within a perimeter which forms the outside shape of said sign.

AWNING

A protective roof-like covering, often of canvas, mounted on a frame over a walkway or door.

BANNER

Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

BILLBOARD

An outdoor advertising sign commonly characterized as a large, immobile, fixed structure attached to the ground or other structure.

[Amended 3-23-2017 by L.L. No. 6-2017, effective 4-3-2017]

BUILDING INSPECTOR

The Chief Building Inspector of the Building Division of the Town of Brookhaven or any of his deputies or any inspector regularly assigned to the Department of Law.

CANOPY

A structural protective cover over an outdoor service area.

CANOPY SIGN

Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

CHANGEABLE COPY SIGN

A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this chapter.

COMMERCIAL CENTER

Any building or buildings, structure or structures or premises used by one or more enterprises for a commercial purpose specifically permitted within the particular use district in which this term is applied where the proposed use occupies a site of five or more acres, whether built at one time as a unit or in two or more construction stages.

COMMERCIAL MESSAGE

Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

COMMISSIONER

The Commissioner of the Department of Planning, Environment and Development or his/her designee.

DEPARTMENT

The Department of Planning, Environment and Development.

DIRECTORY SIGN

Any sign containing a list of the names of business establishments located within a shopping center and/or the name of the shopping center.

ELECTRONIC MESSAGE SIGN

An on-premises sign with changing text or graphics generated by electronic components, with a black background or face, advertising an on-site product, service, or activity, public service message, time, and/or temperature. Said signs shall not create visual distractions to adjacent roadways.

ELECTRONIC SIGN

Any sign, video display, projected image, or similar device or portions thereof with text, images, or graphics generated by solid-state electronic components. Electronic signs include, but are not limited to, signs that use light-emitting diodes (LED), plasma displays, fiber optics, or other technology that results in bright, high-resolution text, images, and graphics. Said signs shall not create visual distractions to adjacent roadways.

ERECT

To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs.

FREESTANDING SIGN

Any sign not attached to a building, including, but not limited to, monument signs, pole signs, and pylon signs.

FRONT YARD

An open, unoccupied space on the same lot with the building or structure, extending the full width of the lot and situated between the street line and the front lines of the building. The depth of the front yard shall be measured between the front line of the building or structure and the street line.

GROUND SIGN

Any freestanding commercial sign which is accessory to the business conducted at the same location or parcel.

HOUSE OF WORSHIP

Any structure in which any recognized religion which has a tax-exempt status meets to practice its religion.

ILLUMINATED SIGN

Any sign illuminated by electricity, gas, light-emitting diodes (LED), or other artificial light, including reflective or phosphorescent light.

LIGHTING DEVICE

Any light, string of lights or group of lights located or arranged so as to cause illumination on a sign.

MARQUEE SIGN

A canopy extending more than two feet from a building, with lettering thereon.

MOBILE SIGN

Any sign not designed or intended to be anchored to the ground and designed and intended to be capable of being transported over public roads and streets, whether or not it is so transported.

MONUMENT SIGN

A freestanding sign, generally having a low profile, where the base of the sign structure is on the ground or just above the ground such that the sign has the appearance of a solid base and having a structure constructed of masonry, wood, or materials similar in appearance.

MUNICIPAL DIRECTORY SIGN

A sign erected and maintained by the Town of Brookhaven, with space available on a rental basis to businesses and enterprises wishing to have placed thereon a sign advertising their enterprise. Such sign must meet specifications as to size, color and appearance specified by the Town.

OVERSIZED GROUND SIGN

Any freestanding commercial sign which is accessory to the business conducted at the same location or parcel which exceeds an area of 32 square feet.

PENNANT

Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

PERMANENT SIGN

Any sign intended and installed to be permanently in place at a given location by means of suitable fastening to a building or to a structure specifically erected to hold such sign(s) or to the ground.

PERSON

Any person, firm, partnership, association, corporation, company, institution or organization of any kind.

POLE SIGN

A sign that is supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade.

POLITICAL SIGNS

Political posters, banners, promotional devices and signs of a temporary nature.

PYLON SIGN

Any freestanding sign that is supported by two or more uprights, poles, or braces, with a visible support structure or that is surrounded by a decorative cover to form one solid sign support, often with a sign face having a vertical dimension in excess of its horizontal dimension.

ROOF SIGN

Any sign in which all or any part extends above the wall of any building or structure, where said wall does not extend above the roofline. In no event shall a sign permitted as defined by "wall sign" extend beyond the actual wall surface.

ROOFLINE

The top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.

SETBACK

The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

SHOPPING CENTER

Premises having two or more stores or business establishments in connection with which there is provided, on privately owned property near or contiguous thereto, an area or areas of land totaling at least one acre usable by the public as the means of access to and egress from the stores and business establishments on such premises and for the free parking of motor vehicles of customers and patrons of such stores and business establishments on such premises.

SIDE YARD

An open, unoccupied space on the same lot with the building or structure extending from the rear line of the front yard to the rear lot line on a line which would extend the side of the building facing said side yard to the rear lot line.

SIGN

Any material, structure or device or part thereof composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including window display area, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.

SOFFIT SIGN

A sign affixed to the underside of a roof overhang adjacent to a store or other commercial premises.

STREET

A strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.

STREET FRONTAGE

The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.

TEMPORARY SIGN

Any sign other than a permanent sign, except for posters, banners, window signs or building contractor's, subcontractor's, architect's or engineer's signs maintained on the premises only while the same is under construction.

WALL SIGN

Any single-faced sign which is attached to, incorporated into or painted on the exterior wall of the premises abutting a public street or a public or private parking field advertising only the business conducted on the premises. Such sign shall be parallel to the face of the wall.

WINDOW SIGN

A sign, excluding illuminated signs, installed inside a window for purposes of viewing from the outside of the premises, including any decorative elements. This term does not include merchandise located in a window.

Amended 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001; 10-28-2014 by L.L. No. 27-2014, effective 11-4-2014; 4-21-2016 by L.L. No. 6-2016, effective 5-3-2016