Sagaponack City Zoning Code
ARTICLE IV
Signs
§ 245-20 Purpose and intent.
The purpose of this article is to assure that all signs within the Village of Sagaponack are compatible with its unique character as described in its Comprehensive Plan and as more particularly set forth below:
A.
To promote the use of signs which are aesthetically pleasing and of appropriate design and scale so as to be compatible with surrounding buildings and landscape.
B.
To balance public and private objectives by allowing adequate signage for preexisting business identification.
C.
To provide for a reasonable amortization period for all legally preexisting but noncompliant signage, as recommended by the Comprehensive Plan.
D.
To reduce impacts associated with light pollution and glare emanating from permitted illuminated signage.
§ 245-21 Definitions.
The following terms as used in this article shall have the following meanings:
A sign announcing the activities conducted or to be conducted at the public or semipublic building to which it refers.
Any retractable or fixed shade-producing device made of flexible fabric or similar material covering a rigid skeleton structure attached to a building.
A sign that is painted or displayed on a sheet composed of fabric, pliable plastic, paper or other nonrigid material, fastened to the exterior of a building or exterior structure other than a flagpole, but excluding any flag representing any federal, state or other governmental entity.
A sign relating, in whole or in part, to a business, commodity, service, entertainment or attraction sold, offered or existing at a location other than the location where such sign is displayed.
An architectural projection comprised of a rigid structure over which a covering is attached that provides weather protection, identity or decoration and is supported at one end by the building to which it is attached and at the outer end by not less than one stanchion.
A freestanding sign describing construction or development activity or identifying the entity performing such activity at the site to which it refers.
The triangular area on a corner lot formed by measuring 50 feet from the intersection of both street side property lines or, on an interior lot, formed by measuring 20 feet from the intersection of its street side property line and the adjacent private street or driveway.[1]
Structural or decorative elements or enhancements of a sign representing significant architectural features of the associated building or development, but excluding any symbols, logos or lettering thereon.
A sign detached from any supporting element of a building and consisting of a double- or single-sided sign face attached to a single- or double-pole structure embedded in the ground or mounted on its own self-supporting permanent structure or base. Freestanding signs include both monument signs and pole signs, which are separately defined below.
A neon window sign in existence since before January 1, 1981, and not inconsistent with the character of the Village.
A sign illuminated either internally, where the source of illumination is inside the sign or from light bulbs or light tubes affixed or incorporated into the structure thereof, or externally where the source of illumination is separate from the sign and reflected off the surface thereof.
A roof whose pitch has a twelve-inch or greater vertical projection for each six-inch horizontal projection.
A specific set of design standards established for the purpose of unifying a variety of signs associated with a multi-use building or complex of buildings. The design standards may include, but are not limited to, letter and logo sizes, letter style, colors, texture, lighting methods, sign type and architectural features.
A freestanding sign where the aggregate width of its supports is equal to or greater than 40% of the width of the sign itself.[2]
The highest point of the natural grade of the ground at the base of a freestanding sign or, in the case of a mansard sign, at the base of the building to which such sign is affixed.
An illuminated sign consisting, in part, of a glass tube filled with neon, argon, mercury or other gases caused to emit light by the passage of an electric current and commonly bent into various forms, or equivalent lighting method or fixture which has the same appearance or effect as traditional neon.
A sign that no longer directs, advertises or identifies a legal use, product or activity on the premises where such sign is displayed.
A freestanding sign wholly supported by a single vertical pole, gate or fence or similar structure embedded in the ground.
A nonilluminated sign designed to influence voters or to express a political opinion.
A sign that directs attention to a resident's home, a home occupation, a home professional office or other permitted nonresidential use within a residential zoning district and which bears only the name and profession or occupation of the resident.
A sign attached perpendicularly to a building or structure that projects from and is supported by a wall of such building or structure.
A pedestrian walkway fronting a public street.
A sign advertising the sale, exchange, lease or rental of the real property on which it is located.
A sign that directs attention to a residential subdivision which bears only the name of subject development and which is located on the property.
A sign erected upon or above a roof or parapet of a building or structure.
A portable sign capable of standing without support or attachment.
Any material, device or structure displaying, or intending to display, one or more messages visually and used for the purpose of bringing such messages to the attention of the public, but excluding any lawful display of merchandise. The term "sign" shall also mean and include any display of one or more of the following:
Any sign mounted on, attached to or incorporated into the wall, mansard roof or parapet of a building or structure.
Any sign painted on or affixed to a window or glass door of a building or placed in the interior of such building within four feet from the inside surface of such window or door and visible from the exterior of such building.
§ 245-22 Compliance required; amortization of preexisting signs.
A.
New signs. No sign shall be installed or erected within the Village on or after the effective date of this chapter unless such sign and any subsequent modifications or alterations thereto comply with the provisions of this article, including the permit requirements set forth in § 245-28 hereof, and are submitted for review and approval by the Architectural and Historic Review Board in accordance with Article X of this chapter.
B.
Preexisting signs. Nonconforming signs lawfully preexisting as of August 13, 2007, may remain provided no lot, any provision in this chapter to the contrary notwithstanding, shall be improved with or shall maintain more than one freestanding sign after December 31, 2012, and further provided no such lawfully preexisting nonconforming signs may be reestablished if any such sign has been abandoned or discontinued for a period of 90 days or more.
[Amended 12-17-2012 by L.L. No. 8-2012]
§ 245-23 Exempt and prohibited signs.
A.
Exempt signs. The following signs shall be exempt from the provisions of § 245-28A relating to permits and fees and any other provisions of this article inconsistent with the respective area and height allowances set forth below:
(1)
A street number sign plus up to two additional signs not exceeding four square feet in area in aggregate incorporated in a single pole or monument sign;
(2)
A flag of the United States not exceeding 60 square feet in area;
(3)
Historical markers, memorial signs and plaques, names of buildings and dates of erection, and emblems installed by governmental agencies, so long as they do not exceed six square feet in area;
(4)
On-premises directional signs for the convenience of the general public identifying parking areas, fire zones, entrances and exits and not exceeding four square feet in area and six feet in height;
(5)
Temporary private homeowner garage sale, open house and yard sale signs on the homeowner's property to which they relate not exceeding four square feet in area and displayed for no more than seven consecutive days;
(6)
Political signs not exceeding two per lot or four square feet in size each;
(7)
Interior signs, whether illuminated or not, intended solely for internal consumption and not visible in any way from the exterior of the building within which they are displayed;
B.
Prohibited signs. The following signs shall not be permitted within the Village of Sagaponack:
(1)
Roof signs;
(2)
Neon or neon-type signs,
(3)
Billboards or any other off-premises signs, including off-premises, real estate or other directional signs;
(4)
Outside streamers, spinners, inflatables or other similar devices, including those in the shape of produce or other products offered for sale;
(5)
Directional window signs or flag displays;
(6)
Balloons filled with gas, helium, air or other similar matter;
(7)
Flashing or moving signs;
(8)
Projecting or blade signs; and
(9)
Temporary or permanent signs resting on, attached to or inside any vehicles, buildings, fences, telephone poles or any other structures or means of support or otherwise displayed in any manner designed to circumvent the restrictions in this article.
§ 245-24 Sign measurement.
For purposes of determining compliance with the area and height requirements throughout this article, the following shall apply:
A.
Area.
(1)
The area of a sign having copy mounted, affixed, or painted on a panel or area distinctively painted, textured, or constructed as a background for the sign copy shall mean that area contained within the smallest geometric shape that will enclose both the sign copy and such background.
(2)
The area of a sign having two faces shall not exceed four square feet on either side.
B.
Height. The height of a freestanding sign shall mean the distance from the natural grade to the topmost portion of the higher of the pole or sign.
§ 245-25 General provisions for commercial signs.
The general provisions set forth below shall apply to all signs within the Village of Sagaponack.
A.
Wall signs.
(1)
The total area of any wall sign shall not exceed 24 square feet. No more than one wall sign shall be permitted on any wall facing a public street frontage for each business operating within the building containing such wall.
(2)
Wall signs shall not project more than one foot from the walls on which they are mounted nor extend in any manner above the facade or roofline of the building or structure containing such wall.
B.
Freestanding signs, including pole and monument signs.
(1)
No freestanding sign, including pole and monument signs, shall be permitted in the Village unless the entire building to which it relates is set back from its front lot line a distance of 40 feet or more. All such permitted signs shall be subject to the setback requirements and the height and area restrictions of this chapter.
(2)
Each freestanding sign permitted hereunder shall be set back at least 20 feet from all property lines.
(3)
Only one freestanding sign shall be allowed for each business.
(4)
No pole sign in the Village shall exceed a maximum area of 16 square feet and a maximum height of eight feet to the top of its pole.
(5)
Monument signs may have an area of up to 24 square feet but shall not exceed six feet in height.
C.
Window signs.
(1)
No more than one sign per window or door shall be permitted, provided that if there are more than two windows and/or doors on any wall, no more than two such signs shall be permitted on any such wall.
(2)
Window signs shall not be illuminated.
(3)
Window signs satisfying the above criteria are permitted in addition to any wall signs within the same building permitted under Subsection A of this section.
(4)
Temporary promotional or announcement signs placed on the interior of a window may remain thereon for no more than 30 consecutive days.
D.
Parking signs. Signs displaying parking-related information shall not exceed two square feet in area, except to the extent required by the State Department of Transportation regulations.
E.
Real estate signs. Any property owner may display anywhere on his property no more than one real estate sign, provided that such sign shall not be illuminated; shall not exceed four square feet in area and a height of four feet above natural grade; shall not be placed in or interfere with any public or street right-of-way; and shall not be placed on any other property. All such signs shall be removed within 15 days after the property to which they relate is no longer for sale, lease, rent or exchange.
F.
Construction signs. No more than one construction sign shall be displayed at any construction site. Such sign shall not be illuminated, shall not have an area of more than eight square feet and may only identify, in addition to the contractor or developer of such site, no more than two contractors or subcontractors thereon. Any such sign shall not interfere with any public right-of-way and shall be removed no later than 15 days after completion of the project to which it relates, the issuance of a certificate of occupancy or compliance, or nine months from the date of its installation, whichever occurs first.
G.
Subdivision and site plan signs.
(1)
No sign shall be placed upon any property that is the subject of a subdivision or site plan application unless it is approved, and complies with the conditions imposed by either the Planning Board or the AHRB or its successor, as required in § 245-28A(2). Any such approval shall indicate:
(2)
Any identification or other signs erected on any such property following the completion of such activity shall be subject to Planning Board approval.
§ 245-26 Permitted signs.
Signs displayed by legally existing businesses shall be permitted in the Village, as follows:
A.
A residence may have no more than one professional sign having a maximum area of two square feet.
B.
A public or semipublic building may have no more than one announcement sign, having no more than 24 square feet in area, on each public street frontage of its property.
C.
No more than one residential development identification sign shall be permitted having a maximum of 12 square feet in area, provided that it is set back at least 20 feet from the front property line and at least 25 feet from all other property lines and is not more than six feet above natural grade, and provided that it is in compliance with the corner clearance requirements set forth herein.
§ 245-27 Illuminated signs.
Only those illuminated signs which meet the following conditions, limitations and restrictions shall be permitted in the Village.
A.
Exterior signs. Exterior signs may only be lit externally and shall only be illuminated with steady, stationary, shielded white light sources directed solely down onto such signs, which light sources shall not be visible from the street right-of-way nor cause glare hazardous to pedestrians or vehicular traffic nor create a nuisance to adjacent properties. When one light fixture is used to illuminate such sign, the total maximum wattage shall not exceed 60 watts. When two or more light fixtures are used to illuminate such signs, spacing between such fixtures shall not be less than four feet and the total maximum wattage per fixture shall not exceed 60 watts.
B.
Display times. All permitted illuminated signs, whether exterior or interior, shall be extinguished by 11:59 p.m. or when the commercial use or activity to which they relate closes, whichever is earlier.
C.
Building illumination. Although not an illuminated sign, the outlining by direct or indirect illumination of all or part of a building, such as a gable, roof, window, wall, side or corner, shall, consistent with the purposes and intent of this article, be prohibited, except lighting consistent with the Chapter 119, Lighting, of the Village Code.
§ 245-28 Permits; fees; violations.
A.
General permits.
(1)
Except for exempt signs and those signs being amortized pursuant to this chapter, applications for sign permits shall be made to, and upon forms provided by, the Building Inspector and shall include plans, specifications, drawings and such other information as such the Building Inspector may require (the "application"). The Building Inspector shall determine whether such proposed sign complies with all requirements of this article and all other applicable laws and regulations of the Village before authorizing issuance of a sign permit. Each permit issued shall be assigned a permit number that shall be prominently, legibly and permanently displayed on the lower right-hand corner on the face of such sign.
B.
Administrative permits.
(1)
To encourage appropriate and compatible signage throughout the Village, any sign meeting all other provisions of the Village Code and all of the following design criteria, in the opinion of the Building Inspector, shall receive a permit from said Building Inspector within 15 days of his receipt of a complete application seeking such expedited relief:
(a)
Color: maximum of three colors, one for background, a contrasting color for lettering, and a third color for borders, motifs, or letter shading to give the sign a three-dimensional look. Colors shall be muted and earthtone with a matte finish.
(b)
Message: content shall be limited to the name and type of business, street number or address, and telephone number.
(c)
Scale: in scale with the building to which it relates and not covering any architectural details, such as arches, transom windows, moldings, columns, capitals, sills, cornices and the like.
(d)
Materials: wood that is either hand carved, sandblasted, flat painted, or any combination thereof.
(e)
Illumination: only external direct illumination from a shielded, low-intensity, white light source, not to exceed 60 watts per fixture. When two or more light fixtures are used to illuminate a sign, spacing between such fixtures shall not be less than four feet.
C.
Fees. The Village Board of Trustees shall from time to time, by resolution, determine the schedule of fees for sign permits, provided that if an applicant is seeking to replace a nonconforming sign with a conforming sign and proceeds diligently to do so, such fee shall be waived. Additionally, no fee shall be required with respect to the application requesting an amortization date referred to in § 245-22B.
D.
Violations.
(1)
Any violation of this article or of any condition or requirement of the Building Inspector established pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law and/or the Village Code. Furthermore, the remedies of the Village shall include, but not be limited to:
(a)
Issuing a stop-work order for any and all work on any sign;
(b)
Seeking an injunction or other order of restraint or abatement requiring the removal of the sign or the correction or repair of the nonconformity or hazard;
(c)
Imposing any penalties available under the Village Code;
(d)
Seeking, in court, the imposition of any penalties that may be imposed under the Zoning Code; and
(e)
In the case of a sign that poses an immediate danger to the public health or safety, taking such immediate measures as are available to the Village under the applicable provisions of the Village Code and/or Building Code.
(2)
In nonemergency matters, the Building Inspector shall cause a notice of such violation to be served on the owner of the building, structure, or lot where said sign is located or the lessee or tenant thereof, requiring such owner, lessee or tenant to remove such illegal sign or take other appropriate action within 20 days of receipt of such notice. Such notice may be served personally or by certified mail, return receipt requested, to either the property address where the sign is located or a known address of any such individual.
§ 245-29 Sign maintenance, inspection and restoration.
A.
Maintenance. All signs within the Village shall be properly maintained. Such maintenance shall include periodic cleaning, replacement of flickering, burned out or broken light bulbs or fixtures, repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts, and any other activity needed to conform a sign to the provisions of this article and to the provisions of any permit relating thereto. Likewise, the areas surrounding all freestanding signs shall be properly maintained, including the removal of all rubbish, debris and graffiti, and, if landscaped, free of weeds and otherwise properly maintained.
B.
Inspections. Every sign existing within the Village, including those signs for which a sign permit has been issued, may be inspected for compliance with the provisions of this article, proper maintenance, freedom from any hazardous conditions and structural soundness. If any such sign is found to be noncompliant, inadequately maintained, hazardous or unsafe, the Building Inspector shall revoke the sign permit until such time as corrective action has been taken and/or may proceed pursuant to the provisions of § 245-28D.
C.
Restoration. Upon replacement or removal of any sign and structure, the area of the sign, structure and all adjoining areas shall be restored to match the existing surrounding conditions.
§ 245-30 General requirements.
A.
Rights-of-way. No sign other than a sign erected by a governmental agency shall be erected or placed within the right-of-way lines of a public street, and the Village may remove any such sign without notice to the owner.
B.
Sign supports. No lettering shall be permitted on any sign supports.
C.
Historical buildings. Notwithstanding anything within this article to the contrary, no sign shall be located so as to detract from or obstruct historical buildings from public view.
D.
Wind loads. All signs shall meet the standards of § 1609 of the Building Code of the state, titled "Wind Loads."
E.
Variances. All requests for variances from the requirements of this article shall be made to the ZBA.
F.
Village signs. Nothing contained in this article shall be construed to prohibit, limit or restrict the Village of Sagaponack from erecting and maintaining any signs deemed by it to be in the public interest.
G.
Obsolete signs. Obsolete signs and their supporting structures shall be removed within 60 days after the use or activity they identify has ceased or the property on which they are located has become vacant.
§ 245-31 Design guidelines.
The following design guidelines shall be used by the Planning Board and the AHRB in their review of signs:
A.
Sign types. The choice of sign type shall depend upon the surroundings and attention desired. Freestanding signs are to be used in situations where there is a large setback from the street or where there are several uses in one building or complex. Wall signs are to be used where the attention of people in slow-moving cars or pedestrians is desired.
B.
Simplicity. Signs are to be simple, utilizing bold, easily recognized symbols and clear, crisp lettering which will identify a business or activity efficiently and attractively and complement the general appearance of the street and Village.
[Amended 1-14-2008 by L.L. No. 2-2008]
C.
Color. Restraint should be exercised when selecting colors. On most signs, no more than three colors should be used: one for background, a contrasting color for the lettering, and a third color perhaps for emphasis (such as for borders, motifs, or shading lettering to give it a three-dimensional look). In selecting the principal colors for a sign, colors which are in harmony with the general tone of the building should be chosen. The use of neon or day-glow-type colors is prohibited. The use of colors that are muted (i.e., saturated with white and/or gray to soften the color) and earth tone (i.e., beige, tan, brown, gray, forest green or burgundy) with a matte finish is strongly encouraged.
D.
Size. The size of the sign should be kept in scale with the viewer's location and speed and with the building, never covering architectural details (such as arches, transom windows, moldings, columns, capitals, sills, cornices, etc.).
E.
Materials. Sign materials should be consistent with and complement the original construction materials and architectural style of the building on which they are to be displayed. For this reason, materials such as wood and metal are preferred to glossy plastic. Internally lit plastic signs, neon signs and other similarly lighted signs are prohibited.
F.
Lettering. Lettering styles should complement the style and period of the building on which they appear. Traditional block and curvilinear styles, which are easy to read, are preferred. No more than two different types of style should be used on the same sign, to avoid a cluttered appearance.
G.
Illumination. To conserve energy and reduce light pollution, signs shall not be illuminated unless the premises is open for business. The type of lighting that is most appropriate to the historical character of the Village is direct illumination from a shielded, low-intensity light source. Neon, plastic and internally lit "box" signs are not appropriate in the Village.